we're recording The chair notes that the time is 6:02 and I call this meeting of the Ammeris zoning board of appeals to order My name is Craig Meadows acting chair of the Amir Zoning Board of Appeals I want to
welcome everyone to this meeting We'll begin with a roll call of the full ZBA members Uh obviously I am here and Philip White present
David Sloviter here Emerald Henry here and Steve Judge here Hello Um our associate members that are present include
uh Hilda Greenbomb here David Alfield here Am I missing anyone yes me John Verner John Sorry I didn't see you John Verer
I'm here Hold on Someone's got their hand raised and I'm trying to find them RZswana's here Okay hold on Is Raza here okay she is Hold on let me promote her Okay she should be in RZswana Uh yeah Yeah I'm here Okay
great So that that is the full board and the quorum is present Also attending the meeting tonight is Justenta Williams the planner for the town And I don't see anyone else from the town I don't right
now know either They may join us later All right Pursuant to chapter 2 of the acts of 2025 extended through June 30th 2027 the ability of public bodies to meet in a fully remote or hybrid manner This
meeting will be conducted via remote means Members of the public who wish to assess access the meeting may do so via Zoom or by telephone No in-person attendance of members of the public will be permitted but every effort will be
made to ensure that the public can adequately access the proceedings in real time via technological meetings Additionally the meeting recordings may be viewed via the Town of Ammeris YouTube channel and ZBA website If you wish to make comment
please indicate your wish to do so by clicking the raised hand button when the public comment is solicited If you have joined the Zoom meeting using a telephone please indicate that you wish to make comment by pressing star 9 on your telephone
When called on please identify yourself by stating your full name and town affiliation Please also indicate your residence Uh please put back into mute
when having you finished speaking Residents can express their views for up to three minutes or at the discretion of the zoning board of appeals chair If a speaker does not comply with these guidelines or exceeds their allotted time their participation will be
disconnected from the meeting In accordance with the provisions of Mass General Law 4A and article 10 Special Permit Granting authority the Ammerst Zoning bylaw this public meeting has been duly advertised
and notice thereof has been posted and mailed to the parties of interest The zoning board of appeals is a quasi judicial body that operates under the authority of chapter 4A of the general laws of the commonwealth for the purpose of promoting health safety convenience
and general welfare of the inhabitants of the town of Ammerst One of the most important elements of the zoning bylaw is section 10.38 Specific findings from this section must be made for all of our decisions
All hearings and meetings are open to the public and are recorded by the town staff The procedure is as follows The petitioner presents the application to the board during the hearing after which the board will ask questions for clarification or additional information
After the board has completed its questions the board will seek public input The public speaks with the permission of the chair If a member of the public wishes to speak they should indicate by using the raised hand function on their screen The chair with the assistance of the staff will call
upon people wishing to speak When you're recognized present your name and address to the board for a record All questions and comments must be addressed to the board The board will normally hold public hearings where information about the
project and input from the public is gathered followed by public meetings for each The public meeting portion is when the board deliberates and is generally not an opportunity for public comment If the board feels it has enough
information and time it will decide upon the applications tonight Each petition heard by the board is distinct and evaluated on its own merits and the board is not ruled by precedent Statutoily for the special permit the board has 90 days from the
closing of the hearing to file a decision For variance the board has 100 days from the date of filing to file its decision No decision is final until the written decision is signed by the sighting board members and is filed with the town clerk's office Once the
decision is filed with the town clerk there's a 20-day appeal period for an agreved party to contest the decision with relevant judicial body in superior court After the appeal period the permit must be recorded at the registry of
deeds to take effect Tonight's agenda First the minutes from March 27th 2025 for approval Then public meeting which
uh our ZBA FY2025-17 120 Belchure Road uh and ZBA FY2025-13-28 Green Leaves Drive Um Belchuretown Road is per condition number six of the ZBA FY
2016-5 special permit The applicant must present the new management plan upon change of ownership to the ZBA during public meeting for the Green Leaves Drive request to amend the FY 2020
2004-47 special permit by eliminating the community building and converting a dwelling unit into a community room in buildings 24 to 28 constructing a new parking area and deleting requirement to deed land and
easements to the town for property located at 28 Green and Leaves Drive Map 13D partial 79 Professional Research Park Zoning District We have two public hearings ZBA
2023-18 ASD Shootsbury Mass Solar LLC which is a request for a special permit under section 3.340 of the zoning bylaw to construct a 9.35 megawatt DC
uh groundmounted solar photovoltaic array spanning 41 acres on a 102 acre site with the accompanying battery energy storage system at three parcels of land owned by WD Kohl's
identified as map 9B parcels 11 and 12 and map 9D parcel 27 on Shootsbury Road outlying district zoning frontage and access to the subject parcels of
land is located between 187 and 2011 Shootsbury Road and this is continued from from July 25th 2024 September 12th 2024 January 23rd 2025
ZBA FY2025-09 63 Salem Street applicant seeks to come into compliance with ZBL 7.001 and 7.002 00002 per enforcement lever letter that
was received regarding uh parking for property located at 63 um to 65 Salem Street parcel 77 general residence zoning districts
continued from December 12th 2024 March 13 2024 applicant requesting to withdraw without prejudice There will then be discussion general public comment period and then other business not anticipated within 48
hours before adjournment Hopefully not at 10:00 tonight We'd like to leave by 9 The first order of business tonight is the minutes Approval of meeting minutes from March 27th
2025 Has everyone on the board had a chance to review these minute meeting minutes that's excellent Yes Mr Chair you're not read the redacted minutes One moment I'm going to post them for
everyone to review We'll give Hilda a chance to take a look and then if there are any comments or edits that need for the minutes I think I'm going to look at it I can't Yeah I can't see the bottom of it The the 10
So um I'll just walk you through what was shared with me Um what Hilda sent So I've crossed out this section or the sentence here because that is obviously incorrect Um it was Mr Henry who was the acting chair that evening Yep Got that
Yeah Okay So I've updated the foot or header or the footer here Um stating who the chair is and what the app the appropriate board is Um this is a change in terms of wording in this sentence
Another change in terms of wording in this section Replacing rebuild with reconstruction Let me back it up so I can see You went too slow I mean went too fast Um no the I said it's older What I was
saying there the age of the house is older than in the public um um GIS No that the house is older than than the 1879 or whatever it's at
It's older than than stated in the uh GIS system Okay So that is another change Change in wording here Um missing a letter here So that was a
typo Changing the wording to add um will I believe instead of whatever was there before Or maybe that was just missing And I think that's everything held up There was a typo in not on page three On
page three Okay Line one two three four five The trash bin's not Yes I got that Yeah And then um the fact that the bathrooms are not aligned You're going to put that in
English Oh okay You fix you fixed it Okay Okay If I've missed something let me know because I couldn't read all of your handwriting At the bottom of page four is that what you said um
Meadows expressed a similar sentiment He felt he did not think it was from the board on to vote To vote I You got that Okay Yes I got that one But there was one that I didn't quite understand your um
on page five Um corner boards got left out I got that You got the corner boards Okay Corner boards molding and the compliance You got that Okay Okay I know I made that point
Um I don't know Um probably Okay Oh back up Back up to the blue stuff Mhm Uh instead of mine it might be a budding Neighbors are budding with gay balloons or something like that Let a bunch of level
stuff It's okay You got the big stuff Okay Were there any other um corrections that anyone else felt needed to be made see one up [Music]
here Okay Hilda you're satisfied Is everyone else satisfied it's okay All right I think I got the button still Okay I can't I' I'd like to entertain a motion to approve the minutes of March
27th 2025 So move Second Second Okay All right The vote requires a roll call vote The chair votes I Mr Henry I
Mr Judge I Mr Sloderer I Mr White Hi The vote is unanimous Hi Did I vote i thought you did Who's voted i don't know You're You weren't You weren't Oh yes you were You needed to vote
I You're You're not on this You're not on this Not on today's meeting Hilda I'm not Oh I can't vote but I can All right You can comment but you can't vote Oh all right I didn't know how it was working I thought I had to be here for
this Well I'm Can I Can I chime in um so Hilda you're on a very specific panel but right now it's just the fulltime members voting on the minutes Thank you for confused I was confused Okay Okay So
everybody should be here and um let's continue Mr Chair I'm yielding it back to you Thank you Before we meet begin the public meeting portion of the meeting does anyone have anything to declare about any of the agenda items okay good
Then the public meeting The first item on the public meeting is ZBA FY2025-17 120 Beluretown Road for condition of number six CBA FY 2016-5 excuse me special permit The applicant must be
present must present their new management plan upon change of ownership to the ZBA during the public meeting The confirmed panelists for 120 Belchuretown Road are myself Mr Judge Mr Sloveter Mr Henry and
Mr White Um the following documents were submitted on February 20th 2025 First 106 to 120 Belchuretown Road Parking Plan Town of Ammerst 11.20.23 Second 12A Belchure Town Road
lease sample 7.1.24-6.27.25 25 Third Town of Ammerst ZBA management plan completed 22025 Fourth the management plan addition additional info And last no
Fifth ZBA FY2025-17120 Belchure Road complaint response plan The following documents were submitted on April 4th 2025 Pioneer Valley Ventures Management Agreement
signed The board will now ask the applicant or whoever's representing on behalf of the applicant to come forward Who is representing oh you're muted I think you're muted right now Hi
I'm Donna Goolick Hi I'm Donna Goolick from Kendrick Property Management We are the property manager representing Pioneer Valley Ventures And your address property we are We are physically located at Two Bay Road
Hadley Mass Sweet 100 Thank you Uh hello I'm Daniel Saltman I'm one of the uh principles at Pioneer Valley Ventures And your address sir uh it's 3921 Bolton
Road in Miami Beach sweet 159 You're warmer than we are Okay Yeah And is there anyone else nope Okay Uh who's going to be speaking
i can speak or whatever depends on your question Please Well you're speaking on behalf of the applicant you're going to tell us what uh make your presentation on the on the items in front of us Okay Um the prop Kendrick property management
manages multiple rental properties throughout the Ammerst area and we would like to feel that we have good communication and quality service not only to the rental properties but to the owners and to the town of town of
Ammerst Um we work closely with the um building inspectors Um we respond quickly when um issues arise Um we have a 24hour on call service
Uh we have a maintenance team that's available for emergencies Um the immediate response for a high level emergency like fire flood obviously call 911 but it would be to Bob Sears Scott Cavino and
myself Um the management agreement and the lease show what's included We maintain the whole premise Um these properties we are pretty much on site at least once a
week for an inspection to on the exterior Each time leases turn over we do an interior inspection obviously to close out and be in compliance with security deposits Uh we have a punch
list of items that we do at every turnover We also um we're a little different from other property management companies is that in December when they all leave we go in and we do an in inside inspection
It's amazing how many little windows are left cracked open or they think they're saving money and they shut the heat off um this is my first time before the board So if you have any questions for me I'm
happy to answer Mr Chairman I have a question Yes please Um Miss Golock how long have you represented managed the property for Pioner this property for Pioneer Valley Adventures from the moment he purchased
it So that's in 2025 2022 Correct All right And you you are aware that when the the original uh special permit required come back to the board for resubmitt of the management plan uh upon
transfer of ownership two and a half years ago Why was I mean you're you're all over town You're a big you do a lot of business here You should know this stuff Um I want to make sure that you understand that we do take this
seriously when property transfers to a new owners We have we want to see the pro the management plan and we want to approve it and see if there needs to be any changes So this is my question to you Number one why did it not um why didn't you come back earlier and number
two will you pledge to the board that you will review all your other recent transactions and if there are other management plans that need to changes in ownership that require a management plan to come before the board that you will do that um that those are very good
questions and so I may have to ask you a question when an owner This is the first time I've ever come across this Now every June we submit the rental go through the rental permits and I believe that you have to go through the special
per Miss Golock You got to go through the special permits If you have a special permit that's where this provision will be found So what I'm telling you is that that you as a you're big management company in town you need to understand what the rules are for managing rental property that has a
special permit attached to it And what I'm saying is it's important for you to review your properties in town those which are under special permit and one of those are sold you have to come back before the um the ZBA to review the management plan That's what conditions are So that this didn't happen for two
and a half years It should have happened when transfer when the property was um was transferred So would that information have been available i didn't manage the property before So this was Yes it's public knowledge It's on the original It's would have been part of
the the special permit that was enforced when the property was purchased So it's really pretty simple You guys just I mean I know you're you're a quality management company I just want to make sure we don't have more of these situations from other properties that you're managing And I'm asking you to go
back and take a look and make sure that there's not other cases where there is property that is managed by you folks and has recently undergone changes in ownership and you have not come back to the board with a new management plan for
our approval Okay Thank you All right That's the first question The second question is um you said that you're going to have um downcast lighting and it says here that um in the management in the actual management plan it just says two standard porch lights in the
front and the building illuminates porch steps and walkways um and ask for hours and types of wattage and fixtures Will you put in will you amend your management plan to include that these will be downcast and yes for night sky compliance right and that will they will
they be illuminated by act by activity will they be taken care of by um timing how are they going to be how do they um get activated well if it's a common area we want to have it activated by a motion or at some
point uh depending on the codes for that area it may need to stay on 24/7 All right Well just what you need to do is just put that in your management plan You've got two three four lights Identify how those lights are going that
they're going to be dark sky compliant one and two How they're going to be triggered to go on and off and what their wattages Just what the management plan asks what the form asked for Okay and you'll do that and and I won't hold up the I'm not going to ask for the
approval of your management plan to be hauled up until that's done I'm gonna assume that in good faith you're gonna do that immediately tomorrow so that the management plan will be amended Okay good That's all Mr Chairman Thank you
That's all the questions I had Thank you Are there any other questions mr Chair thank you There's a um there's a document management plan additional information Can the applicant walk me
through what that is yes the this additional one Yes please It was additional information that I felt would be considered important for this review It's a it's a single structure that has
two residential units one on the first floor and one upstairs Um the one one is a fourbedroom one is a twobedroom Um and it also provides the number of tenants that are on each of the
leases These were questions that I found that you were looking for Is it owner occupied no Is there on-site manager no I attached my standard lease We part of our practice is that we
always include a copy of the town of Amoris rules and regulations Um including the parking plan goes with every lease Um smoking Um oh the um party when they want to
register for parties Um we monitored the storage area in the basement and again the parking plan with the state with the city down in terms of Thank you You're welcome In
in in terms of um other than the change of ownership what else is changing in the management plan i don't know what the previous owner was doing I don't have access to those informations This is what we are doing
and the structure when it was purchased was already two units So I I'm not sure what the change would be because I don't know what the other documents were that the previous owner had and I believe the previous owner
um was an owner occupied So I I think that goes back to Mr Judge's point Um and I'm going to follow up on a suggestion I would suggest that for any other properties that has special permits you pull the special
permits and review them Yeah correct We have no other properties that have that have recently transferred but they may have special I think he's saying you know they have special permits
right Mr Henry that is correct Mr Judge Okay we'll do a review I But then So do we I have Mr Mr Chairman can I ask a question yes Do we know if it if the if the property
changed from a owner occupied two unit to a I just I'd just like to clarify real quick that the property was not owner occupied when it was I'm sorry I'm the this is Dan Sman I'm the owner of Pioneer Valley Ad
Ventures I wasn't um it was not owner occupied He it was it was a full rental property and the apologies is uh on our side We the previous owner made no notion whatsoever that there was any special permit Uh and it did not come up
during the uh transaction from our attorneys uh on either side that there was any uh special permit of the second that we learned about it from Justenta Williams We uh went and we proceeded with the progress uh you know and of course we want to be in full compliance
with the town The second that the property was acquired the first thing we're doing is we're getting the rental permits were going in there rehabbing the units everything like that Basically making the property even better than it was before Uh if we knew that this was a requirement um probably would have used it to try and negotiate the price down a
little bit better But uh in spite of that of course we would have immediately brought it to our attention and as an apology that I don't know how this did not come up uh um when we were going through the escrow process Yeah Mr Gavit
Yeah I just want to add that part of the process of last year's gathering of rental registrations we added a section about special permits So anybody that has a rental permit should be able to find at least that that yes there is one on the property and when we can find it
we are posting the number as well so they can reference it and look it up at the registry of deeds or wherever you know it may be held Um but just so it's not a a tedious chore for anybody that manages property this is something that is available now Um so and this it is
also something that we will be looking at more closely when we do go out and start inspecting So thank you Dave That's very helpful Uh I I'd like to go one step beyond what Mr Judge had said as far as the management plan is concerned Uh I I'd
like you also to tell us that you're going to go out to the property and make sure that those are downcast lights sky compliant Yes If they're not that you will make sure that they got changed immediately Yes Thank you Would you like
um I could send a picture or something to Mr Washkvitz i think that would be fine Okay Are there any other comments from the board members i'd like to entertain a vote to accept
the management plan as it will be amended So moved Second Okay And the vote will be on the acceptance of the management plan Uh the chair votes I as amended as it will be
amended Anyway Mr Henry I Mr Judge I Mr Sloveter I Mr White with the approved uh kind of amendments Absolutely Very good
Okay You have the approval with the amendments Thank you Thank you Just I'll get that over to you the amendment tomorrow and I'll get a picture to Dave Watch skits All right
Thank you so much You're welcome Okay The next thing on the agenda is uh the ZBA public meeting FY2025-13-28 Green Leaves Drive
the request to amend the FY204-47 special permit by eliminating the community building and converting a dwelling unit into a community room in buildings 24 and 28 Constructing a new parking area and
deleting requirement to deed land and easement to the town for property located at 28 Green Leaves Drive Map 13D parcel 79 Professional Research Park Zoning
District Uh the panelist for this will be uh Mr Judge Mr Varner Mr Offfield Miss Greenbomb and Miss Khan
So yes Mr Sloer So I'm not I was not on this panel I'm not on it tonight So I'm going to mute and see you all later And I'm not on this panel so I'd like to turn it over to Mr Henry because Mr
Judge's voice is going to be spared for the evening Yes Um Mr Chair you may have to stay I'm not on that panel either Oh you're right My goodness All right Well I'm not on the panel So therefore we have
uh M Well I I I want to spare your your voice Uh Steve well let's I can I can try to do this as much as I can Yeah it's hard How How about Hilda miss Greenbomb will
you chair this meeting uh you're on mute Hilda Sure I can share it Um I do have the Oh you already read it so I don't have
to read anything You don't have to read it You just have to ask her who's gonna Okay Ask Mr Alfield are you no not Mr Mr Allison Are you going to what
let me let if I might if I may You open it up because I don't know where to start Okay Uh we have the We'll need the review of applicant submissions They are as follows Uh one a construction schedule Two Green Leaves management plan Green leaves parking area landscape
and plan with Aelas part one Green leaves wallpack lights info sheets and lighting plan And moments before the meeting tonight there was a submission of a revised uh construction schedule and parking
area landscaping Thank you very much Mr Meadows for doing You're welcome I was not prepared to have all those papers in my hand I I don't think anybody was but it's up to you Um okay So then then the uh first thing
I shut that [Music] off just when I have to be doing something else Okay Um I I guess the first thing that I I should do is ask Mr Allison to please explain what he handed
in that's new Certainly certainly Miss Green Um just so the panel knows I'm Donald Allison and I'm here to represent Amhad Development who's the developer um of uh the Green Leafs condominiums
particularly building 28 which is um what we're here for Um there there was I submitted um actually we submitted originally to you a a parking lot landscape plan Um I then met with Miss
Williams and Mr Waskevitz um to discuss you know the aspects of that plan that perhaps needed some um edification Um so that's why you got a brand new one just a short time ago and
I apologize for that The the the primary purpose of providing you with a new one was to deal with two things to make sure that the plan indicated that the um the plantings the shrubbery that are
identified as plantings um were a minimum of five gallon size boxiz shrubs So the new plan does in fact specify that the that shrubbery will meet um the requirements of the
zoning bylaw with respect to the size of shrubs that need to be planted So it's a minimum of 5 gallon box sized shrubs The second modification um was to clarify um
because you all have seen the um the grades at the end of the parking uh area the parking lot area It was to clarify that the stones that were going to be put there
would be 36 in above the grade of the parking lot not 36 in above the grade where they are placed So I think you can see some of those stones are you know 2
or 3 feet below the uh the grade of the parking lot So it's to indicate that the stones would in fact be 36 in above the grade of the parking lot so that they'd be very very easily visible um when people
are trying to park in the parking lot Th those are the two modifications in the um in the landscape plan and uh for the for the new parking um that you all approved at at your at the last hearing
Um the other issue there are two other issues um that I think need to be addressed The first is the is the lighting and you were provided with the um uh with the specification sheets for the lighting that um the electrician Dan
Whitley um the electrician was going to install um they meet the requirements and I think his cover letter which you has also been provided to you They identify that they will be number 65859 wallpack fixtures One on the south end
of building 25 and the other on the north end of building 27 Um which can you show that on the map um on the site plan Yeah the south end
just the the south end of building 25 would be here and the north end of building 27 would be here Wait a minute Wait a minute But so here's building 27 and here's building 25 So the one on 25 that
you showed where's that shining down onto on the parking lot It is Yeah that's the whole idea Okay because I don't get it Um pardon me Tell me again where those lights go Don do you want to share your screen or
do you want me to just point I I'm unfortunately I'm as as as I'm 73 years old and I don't know how to share my screen Okay So just direct me Um can you see the what I'm sharing on my screen yes I can Great
So um as you can see from the arrow in the bottom right hand corner it directs you where north is So north is to the left Um so the edge of
building 25 that we're talking about right there the end wall of building 25 Yeah Um and where does it shine on the parking lot it's It's going to shine on on this
portion of the parking lot Is that correct yes And then the north end of building 27 Oh okay I had to on the arrow because you were covering it up Okay I'm sorry That might be Well it's not you It's the
the miniature you Yeah Okay Oh okay I get it I get it now Okay Um and those specifications are are there Um obviously they'll be dark sky compliant Um he indicates in his le
letter there'll be 3000k settings Um and they'll be controlled off an existing switching Um so that's the that's the the lighting from the electrician Okay So where's the
switching are they motion detector or what i I I I wish I could answer that Um I thought they were going to be motion but I I can't answer that I'll have to And presumably those parallel
lines there on elevation Yes those are the elevations And that's what I was talking about before Miss Green Bomb the you know the the the parking lot elevation the main where you can park
the elevation is um 207 ft Um okay can't see that but it might I'll take your word Yeah it's right underneath the arrow and it's very light It's very very small It's hard to read Um c and uh for the people on the board that are new
members or haven't been to many of these can you explain how big a five gallallon tree is five gallon bush How tall is that uh I well I don't know how tall the bush is I mean how tall the bush is
depends upon um the kind of bush it is Um you know the size of the bush could be a a a width as opposed to a height Um but it's a it's it the size is measured by um by
that uh that measurement of a of a five gallon Um I can't relate to a five gallon A five gallallon box is five gallons is pretty pretty big
So these are pretty big was the pretty big bush They'll be good sized I mean the zoning bylaw requires it I mean it requires that they be five gallon Um yeah a minimum of five gallon I'm used
to hearing about trees of breast height Yeah trees are caliper and not have any trees there So um but these are pretty big bushes then presumably Now how big does get how high do they get the ones
you're putting in i don't know I would uh the you know the landscape company is Four Seasons I mean they're they're a reputable landscapecape company I I presume I could ask you how how big they
grow Um the they are as as I think the thing indicates um I don't even know what a golden mop tread leaf sara cyprus is but there's four of those There's 10 There's a whole kind of a a rug a blue rug juniper Um
and then there are um five large roodendrrons And were they designed to handle the drainage of the parking lot or is is there the drainage of the Yeah I mean they're designed to st I mean the slope is already stabilized
It's grass but what they are is designed to one I mean they're designed to beautify the area They're also designed to you know assist in the stabilization of that of that slope because it the slope was washed out when we had the
public visit Yeah Some of it Yes A portion of it So has while we're still on this same plan what are there any changes to the drainage then than them planting the plants um well I mean the major change to the
drainage um and again the the parking lot that the the parking lot is going to be graded and and and to drain into the drain um uh in the north I mean the
south corner of the parking lot It's a it's a dark black dark gray square in the south corner of the parking lot I don't know if just in Is it working now it's the other side that was washed out The north side was where it was washed
out So these bushes don't look to me like where the wash out was has an engineer looked at the drainage for this or just the just just the landscape company But the
drainage on the parking lot the the the whole drainage will change once the parking lot is graded and and black topped I mean essentially all all that's happened Green Bomb can I ask a question
sure please Okay If I understand Mr Allison you're going to regrade the parking lot Yes Yes you're going to create the parking lot so that it slopes from the north to the south and from the street towards the building 27 And
that's where that um that's where that drainage culvert is that you is circled in purple So that's correct So the the wash out that was occurring by building 25 is going to be corrected by the re um
uh grading of the parking lot Is that correct that is correct And that's what Carl's will do when they grade that and and finish grade it I mean as of right now the reason Miss Greenbomb you're seeing what you're seeing is that was just a lot that I know I was in on that
way back when Yeah There was no there was no grading done at all It was just a lot to let people park on Um uh but it'll be made into a parking lot that grades appropriately and drains appropriately to the uh um uh to the
catch basin there and some kind of curbing to keep the water on within the B I believe there's going to be curbing around the edge of the parking lot but I I don't want to be representing what I'm not 100%
Madam Chairman may I have a few comments if I could in insert them here This is member Offeld David Offeld Um first of all on the drainage it's just reiterating that the existing condition uh all the water is is uncontrolled and
it flows where it wants to flow Right Right And if you look at the area roughly half maybe a little more than half of the area will now be controlled under this system It's a it's a paved area and there is curbing according to the um plan we got last time from uh
engineer Robinson Yep There's curbing around So it should catch all that water and put it down the storm drain which is existing So that will help very much with the drainage I assume that that the developer will just contour or the landscaper will contour the rest of the
uh area um and set up appropriate drainage It's not a very large area that remains not much bigger than you know a small lawn or a medium-sized lawn let's say And to just add to that for those of you who are at the site visit most of
that area most of most of that area on the north side of the what will be the paved parking lot Um is gardens is garden is residents gardens Um so I
mean I don't I don't see any drainage kind of issue with those gardens Yeah except there is no there was and that that's going to be corrected by by catching that water How do we how do we ensure that it's going
to be corrected if it's not on an engineer's plan that that I guess that's the question I'm putting out to you guys We I'm not an engineer and and I saw that there were problems and I heard
questions about the adequacy of that drain So I mean um this is pretty schematic without giving that kind of that kind of explain that we we in the when we first saw this I guess it
was four weeks ago um we saw a plan for the um for the parking lot drawn up by uh David Robinson who is the engineer on the project and the landscapers have taken that drawing and made their own
schematic from it Oh okay So so the original drawing is by a by an engineer So can I assume then that that Mr Lavas is in the audience that that they will have enough information from the
other plan to enforce it yeah Yeah You say Yep I'm asking Mr What's in the audience yeah I'm here I'm still here Yeah Well um is there enough information that you've received that you can tell that
they're going to fix that drainage and enforce it well my understanding is the drainage as has been mentioned has always been existent there Um what they are doing is they would need to regrade that parking lot and start with a high
point to the at the northeast corner and drop it to the southwest So um the it's not a very big area Um Carl's Excavating is supposed to be the contractor doing the work is my understanding So they're pretty reputable in the area I think
they'll do a good job So I'm not worried about it being done correctly And if you're not worried I'm not worried Y Okay sounds good You think that's adequate that's fine Let me see if I had any other questions
Uh my only other question was it's not about this I'll bring it up later I I'll I'll ask if there are people that have questions about this And do you care about the switching of the lights what what it is
you know I know I know Miss Madam Chair could I just say something quickly sure please do I looked on the this this cut sheet and the lights could either be timed or full to go in judgment by light uh light and dark Do you know what you
what you want in that regard Mr Allison i I I don't but I can ask the lighting person if there's a preference if the board has a preference Um I'm I'm sure I can convey that Um I I don't have a pre I just think I
don't have preference All right Thank you Madam Chair Welcome Um I guess the other thing is the schedule for compliance or completing the um building
28 Are people happy with that and how do how do you enforce that so that that it's people can move in by May 7 is this enforced by a co or what i mean I think I think the best for
me to way for me to address that is to say that um as you all may recall from your approval there are 38 there are 38 units to be sold Um I believe they have um uh
uh they have commitments of some sort from more than twothirds of those units Um and and you know one of the things in in talking to Miss Williams and Mr Skevitz before this meeting Um I just
wanted to be sure that one we we let you know when the parking lot would be completed so that you would know that Um I I think uh um Miss Mian would like very much to move the first person in by May 7th That's
obviously going to depend on the building department giving a CO Um I I I think that's you know that that was inserted by her because that's what she'd like to see have happen I think she's very very confident that all sales
in building 28 will be completed within a year Um and that will be the end of um you know building 28 and and as as we discussed at the last hearing at that point in time when the last unit is sold
um Amhad is gone um and the condominium trust and the owners of the various units elect their uh members of the condominium trust who who will who will take charge of the condominium
So um do we have anywhere something that's the co is depend has to be done before the co for example it sounds like you want to move people in somewhere you said the parking
lot wouldn't be finished by the time the co did we put that in in the one of the conditions or not no I I I don't think there was a condition that as to when the parking lot is actually paved Um I mean there is I mean the parking lot is
extra parking Um I mean it's you know from what the permit originally required in parking Um I I think that well before um building 28 is fully occupied Um the
parking lot will be completed Uh if if if the representation that will be is it will be completed by the end of June Um you know probably no more than a third of the building will have been occup actually
occupied Um yeah I mean that's how I would answer you know that question Um again obviously there's there will be nobody moving in till um Mr Waskevitz and Mr Mo
Mr Mora uh issue a a a certificate of occupancy for the building Um and then a certificate of occupancy for any particular unit in the building that is going to be sold and occupied So you you don't say May 7th is when they'll be
occupied May 7th is when you will start selling them this up Uh I I I am I I want to say that May 7th is a wishful thinking um in terms of when she will be able to obtain a CO
um in in order to I I can represent to you that one of the units the first unit to be sold is a double unit um for in excess of $400,000 Um that is being built out right now Um and I think that unit is
the unit that would like to be sold right away as soon as we're able to obtain a certificate of occupancy Miss B necessarily mean that they can move in once they've closed on it Correct That is correct
Okay Um I will ask now if there are any questions from other members of the panel Madame Chair u Mr Wasco has his hand up Okay I can't see because I've got your
That's okay That's okay Um David yes Yeah I just wanted to explain this um the work construction schedule a little bit This has always been a requirement of their original permit going back 25 years ago But as time has gone on of
course these deadlines and time frames have changed multiple times and you know if they don't meet these uh time frames right now we would ask them to come back to the board with a new schedule at a meeting I mean that's ultimately what this is It's nothing that they're fixed
to comply to It's just to give us a sense of when this will be done Um so this is all that is about So getting back to the the business what where does it what what have we decided now about the schedule with regard to
the May 7th or is that dependent on the CO what I'm I'm confused now Well currently they were required to come to the board tonight at a public meeting to present the landscape plan the lighting
um the construction schedule you know these things that are supposed to come before the board before an occupancy is granted So if the board determines that this is adequate and to their satisfaction then they would be able to
as soon as the appeal period's over be able to start receiving their cos Um if for some reason it's determined that more information is needed then it would be up to the board to decide what they want to allow or not Um does anybody else want to ask any
questions well I will ask my last one then and that is um since there has been considerable correspondence from the unit owners were they invited to the site
visit or were they not invited to the site visit and I would like to allow them to express themselves if they've got things to say about these specific items that we are repro approving today which
is the schedule and the site plan for the parking Is that correct that's what we're voting on today Correct And the lighting plan Lighting The lighting plan Madam Chair the lighting
plan the the parking plan and the con and the landscape plan So Mr Judge um should I or may I ask if the abuters have or or unit owners have anything to say on those subjects that you know it's
up to the discretion of the chair madam green Um madam chair I'm the chair So you're the chair You're the chair And I don't want to do something out of line but I think that maybe I should limit it to those three items But I think if you're going to grant we typically don't
have uh as you know we typically don't have public comment on during public meetings But if you're if you desire to have some I would be my recommendation that it be contained strictly to these three items which are before us today
and not the entirety of the project No just just for those items and and if they would like to comment about why they were or were not at the at the um the site visit because it would have been helpful if they had been there I
believe but okay I am opening this up to anybody in the public who might want to talk but unfortunately I can't see hands M madam chairman may I say a few things yes please David Offeld here a
member of the board of the panel Um just a few just a few m uh miscellaneous comments I used to do landscaping A five gallallon plant is quite a large plant What you look for in a in a bush is the size of the root ball because that's
where the energy of the plant is So a five gallallon size root ball is is a is a good size plant that that'll quickly grow out into towards its full size Um on the lighting plan I did have one
question for the applicant and that had to do with um um how we we've got the two lights on the on the building one onif building 25 and the other on 27 Um I just want to make sure that those
lights they're downcast of course but but are they high enough and bright enough to extend into the center of the parking lot can you comment on that uh it's a good question I I don't know that I can answer that question I mean that
would have to come from the electrician um who who isn't here I mean he he was told what was needed Um and that's what he provided Um I I wish I could provide you with more u information than that
Whoops Could you just elaborate there are I think there's existing lighting along uh Green Leaves Drive Is that correct could you point out yes Yes there is I have a site plan in front of me but there are um there are existing
posts and and and street lights basically along Green Leaves Drive So okay And I think finding them Thank you Madam Chair Yeah there's one right there Yep And there's one right
there Oh cool And there's one across there and one across there Okay So they would contribute to illuminating the new parking lot presumably Yes Yes Okay Great I guess the other thing I forgot to ask about
the parking lot is where are the handicap spaces um that at the in the parking plan I think that you we we submitted um at the hearing Miss Green Bomb I I believe they indicated not that plan the the parking
plan from the engineers I believe they indicated where the handicap spaces were going to be Okay Because I can't remember anyway Um does anybody else wish to speak
there you go Thank you Uh Davis Gavitz if I can for a second Um what the board could consider is to let them place the lighting where they think it's it's necessary And if we uh do an inspection later as we're trying to
close out the project and get indication that it's not enough we could ask for an additional light somewhere that would be you know not doing it tonight would be at their risk but um I'm presenting where they would put their lighting and having a full plan
but that's a possibility And I wanted to make sure when they're checking the lighting that that it's sufficient the elderly people to see in the dark since this is older housing Yeah Yeah
Anybody else susa do you see anybody from the audience who might want to talk i do I have two panelists or attendees Um so I'm going to let Mr Ed Perkins in one second You should be joining us shortly
Okay going to stop sharing Mr Perkins you are in the meeting You'll have to unmute I I will recognize him to speak if he can unmute Mr Perkins can you hear me now now I can
Thank you Okay Thank you for your patience Uh couple of comments One I live in um building 24 which my windows face this new parking lot uh directly And I'm very concerned with the
light shining into our living room and our uh one of our bedrooms uh from from across the way from the the parking lot And I would hope you're going to have them downcast enough so that I won't be
bothered too much because really I'm looking at the parking lot right now and those lights would be directly in my view Um I'm very concerned about that Um and if I could just make one other
comment on an unrelated subject Uh right now um that whole parking area is being used to put snow and if you put in bushes there and that sort of thing I don't know where folks are our snow people our plowers are going to put the
snow I don't know if anybody's considered that or not That's a good question because we probably handled that in earlier permits snow because that's usually well the older days we used to get snow so it was
an issue where snow storage was going to go Um Mr Wasitz what what's the answer to his question about question oh well the first one I was going to ask afterwards Okay Thank you Well the lighting that they have supplied um is
dark sky compliant It looks like from what I can see Um it should down be downcast should not u face toward you in that respect Uh in terms of snow storage uh one consideration and and just my opinion because I have gardens is that
snow could be piled on top of the garden rather than down the hill if that's what they were doing or even in that area So or it it's required to be removed um immediately after a storm So I that would be up to the the snow people um
removing it but that's right Those are considerations I mean you know so there's ways to handle it depending on their equipment and whether it be a bucket or or a plow So well if I can just respond to that f first of all there's a lot of salt in that snow and I
don't know if our gardeners I'm not one would appreciate that very much Good point And the other thing is removing the snow after every snowstorm would drive the cost up for the homeowners a great deal And I appreciate your comment on the lighting I'll just have to wait and see
how bad it is Well maybe you can be there when they're putting it in I'd be happy to be there a motion detector might work better than a light to dawn thing because then it would you know go off
and and I'm assuming that if they're anything like me they don't go out at night So well they do Okay Well those are my two comments anyway Is one the lights coming into my unit and then snow removal And those are my two
concerns So I'll just pass the torch to somebody else if they would like to speak Thank you Mr Perkins Is there anybody else just Yes Um Miss Susan Cummings will be entering shortly Okay I will recognize Susan
Cummings Hello you're muted Susan unmute Yeah Okay Thank you Um we submitted comments uh after we reviewed these plans and I really didn't hear anybody
addressing our comments Okay So um can I go through our comments or Oh from what I remember the comments had to do with things other than what was advertised No no no These are comments These are comments to these three plans and we
submitted them I think it was in it was in your packet It's just one page It says requested additions to Amhad's proposed parking landscape and lighting plans for area between buildings 25 and 27 It's just one page No it would have
been real helpful if you guys had been at the site visit and you could have shown us what the issues were then Well we were told that we could not be there because it would be a public meeting and we were to we asked if we could meet with uh we'll have to work on that one
because we very often have a buddies to the planning department doesn't have a director at the moment So everybody's new and they don't necessarily know what all the traditions had been We wanted desperately to meet
with you Yeah it would have it would have really helped a lot So um we'll just have to make gets back to town hall that we very often do have about us They may not necessarily talk but at least they're
there Okay Well we do have some things that we consider important for this area And one of them is actually in condition six of the uh the modified plan that the ZBA approved on March 27 I believe and that
was on the building 27 side The landscaping plan doesn't include the side stairs and it it in condition six of the modification that you voted for you know
um it said uh revise the side stairs and I believe I believe Mr Judge was cons was referring to what we what we said in our comments that night And so when we sent you April 4 the requested additions
to these plans these three plans we're asking and also we also set an addendum on April 7 to make it even clearer Uh for the the stairs on the 27 side we are asking because they are not as safe as the stairs on the 25 side The
stairs are too wide So the handrails are too far away for people to hold on to both handrails It's very dangerous And also uh if you will well there are pictures in the concerns we submitted to you I uh but in any case um this if they
could make the stairs on the 27 the mirror image of the stairs of the 25 side They're using trek stairs which are longerlasting and safer They have narrower stairs so the handrails you can hand on hold on to both sides and it's
there's more enclosure at the top platform and the stairs head right toward the path that we we the sidewalk we don't have on the 27 side but there will be and it is on their parking plan It will it would it would face the
sidewalk that's going to the front sidewalk the the the sidewalk at the front of the building You know what I mean um and so all these elements uh I believe that's what the what the ZBA I think it well the chair I don't know
others of you but I believe that's what he had in mind when he said revise the stairs But because those specifics are not in in the permit uh we are concerned that AMHAD will not do those things because we got an email
from AMHAD staff uh in early April saying they repaired this one stair on the 27 stair side that was slanted down in two ways And they consider the repair of that stair sufficient I do not think it's sufficient We do not think it's sufficient And I don't believe Mr judge
did because he's the one that added this in as a condition six It's in condition says part of the landscaping plan you'll revise the stairs but he didn't put details and we are asking in this submitt in the submittal that we sent
through April 4 that that that am had you know put on the plan the specs the mirror image of the safer 25 side steps in both materials that's trekk stairs white riser etc and the design that's what we're asking that's what we're
asking all right so I I would like to ask since I'm looking at what's on the agenda I assume that was what was in the legal ad that was advertised for this meeting Um is stairs considered part of the
parking lot or or Well Mr I'm asking Mr ask what's can you handle this issue of the stairs under under sanitary code or or health code or one of the other or one of the other permits
So I'm I don't think I I'm not I'm not sure that it's that it's legal to Madam Chair maybe I can help since I raised the issue and I just help out here Um it was clear my intent was that it should be mirror image of the of what
they had on the other building and that u just just replacing a tread wasn't sufficient The concern voiced by the by the residents was that it was too large It wasn't safe to go was too wide and it wasn't safe to go down And um so the
clearly the discussion in the meeting was that it needed to be um um rebuilt to become closer to what's on the other building Mr Allison I'm assuming that you will do that That
100% not that the replace tread is not the is not the end of what you wish to do right that is correct Mr Judge And I am in daily contact with the staff person at Amhad who I presume Miss Cummings is talking about And it was
never the intention that replacing a single tread was going to satisfy um your we we will mirror the stairs on 25 That is not a problem I think that's what the that was the clear intent of the board and the of the mover of the
motion at that time Is is that in a permit existing that we find that condition it is condition six condition Yes it's in condition six and it was supposed to be on a landscape
landscaping plan submitted However if if the board agrees um Justenta could put it in the notes for tonight's meeting indicating that this was discussed that it's supposed to mirror uh building 27 stairs and landing should mirror
building 25 and we'll have that in the record We can go off of that and work off of that Um and uh if that's how the board wishes to handle that Well it's a question of how I put it in a motion Is
your your comment enough or should it be part of a motion i would encourage it be part of a motion and we can get to that at the end of the at the end of the discussion period Mh Madam Chair I think Thank you Because I'm coming into this kind of cold Yeah
And not and not not having done my homework sufficiently to know what we decided about that Anybody else um um Miss Cummings have you finished what you were going to
say is she there yeah Hi Um I do have three minutes of several other people but I I um I do have a few other things to say if you don't mind Is that okay well I hope it's relevant to it's it's to do with these
plans Okay And uh and well one of the things is the slope I don't know but the planting on the slope seems to just uh be plant uh indicate that there would be planning according to this plan on
maybe a third or a quarter of the slope That's a big slope And we're hope we were hoping to have stabilization and beautifification on the whole slope not just part of the slope Um well I will answer you that I was worried about the
same thing I was worried about the whether the drainage was sufficient and they've been telling me that correction of the drainage will be sufficient So um that's I'm not qualified to answer that question other than to say it bothered
me too Um well I mean what are they what what's going to happen with the rest of the slope is it just going to be weeds if you look at the picture I can answer that
but maybe Can I recognize Miss the the lawyer to answer That would be me Yeah Um yeah it's going to be grasses Didn't want to call you the wrong name I was gonna say that's okay Miss Green You've had my name correct all night so
it's fine Um yes it's going to be grass Arnold I'll remember it It is Um but yes it's going to be grasses And I I am you know we've we're dealing with this landscaper We told Four Seasons what we wanted The drainage will be taken care
of This the slope will be stabilized because the drainage will be taken care of and it it it will be planted in grasses Okay We we would prefer more planting definitely But anyway I I have another thing and you're talking about
drainage Um we have seen during precipitation events we have seen water flowing sometimes toward both 25 and 27 That is with the gardens there you know with the gardens there on
the 25 side We see sometimes water flowing toward 25 and we see water flowing toward 27 I I I'm just I'm just saying that it hasn't been addressed We It's one of our It's one of our concerns That's
uh that's one of our I think I guess this is on the parking plan the drainage I think and so I don't see that that's addressed Mr Alison I would like to ask you a question Certainly How can we be sure that the
the drainage is going to work correctly before you guys hand over ownership to the homeowners um my response is it goes back to the discussion we had at the beginning of
this um meeting Um a very reputable um excavator and paver Carl's who does lots of work around here will be grading and paving the parking lot so that water drains to the existing catch basin the
parking lot and I understand what Miss Cummings is saying but the parking lot right now is not graded So you basically water is running as water's running That will be completely changed when it's paved and graded the way it's supposed
to be so that storm water runs to the catch basin Um well you see this on the 25 side sir uh it's where the gardens are It's not It's you know uh can you see this if Well just to show this this
Oh I'm sorry Let's see How do I do this god Uh here Okay Hold on You see this area oh my gosh Oh I I understand I understand what you're talking about Miss It's where it says
gardens Yes Yeah Okay So that's beyond the parking on the black top and all the drainage It's over here that water is flowing toward 25 apparently during well I've seen it myself during some precipitation events I just Well I you
know I I mean I don't know I don't know if that water is flowing from right now from an ungraded parking lot a basically open area Um it's hard for me to believe that water is flowing from the gardens
Um what I don't know where you observe the water flowing from but you know to the extent that it's flowing from the flat parking area that will be addressed to the extent that it's flowing from the gardens and you want us to tear up the
gardens and regrade No not from the gardens It's beyond It's even closer than the gu I don't know I don't know Maybe Carl can figure it out I don't I don't know I don't We don't know We We don't know Um but it's it's happening
It's happening on both buildings So I I don't know if that could be somehow addressed by Carl Landscaping Well Mr Alfield seems to think that it's going to work Okay I'm wondering Mr Alison you got a hand up
Miss Green Madam Chair I was just gonna repeat myself that if if the if the uh parking area is paved and all the water that lands I I used to teach this okay at UMass drainage
uh in in civil engineering um all the water that lands on the parking lot will be taken away into a storm drain That's not going to flow towards the buildings All the water that falls on the gardens will hopefully infiltrate into the gardens I mean that's good for the gardens There's not much land area left
for to generate a significant runoff We're we're talking tens of square feet left It's there's just I I don't see a concern here after the area is paved with a curbing and proper grading to get all storm water off the parking lot and
into the storm Mr All field Do you think that that slope looking at at the elevations there it's hard to tell how many feet apart there are between 2011 202 203 there Do you think that that slope is be can be
sufficiently held by bowed grass or should that be something more perennial grass well I'd leave it to the landscaper to pick the grass type but um you certainly see slopes steeper than that that are
held quite well by grasses and and still mowable It's not too steep to mow and mow Yeah Yeah Yeah You you would know more than about that than me Yeah Is is it possible that we could have
some input there because there are some beautiful grasses that are perennial grasses that you don't mow and uh they can be quite effective in my experience Point that you work that out with Mr Alfield because it's I mean with excuse me with Mr Allison
Yes Would that be all right Mr Allison that's fine I think we have J Do you want to suggest some grasses for me um to take back to the client for the uh for four seasons landscaping when they do this work i'm I'm I'm happy to take
that up with them Um you know and depending on a number of things I don't know cost and I don't know what you're going to propose but I'm perfectly happy to discuss it with the landscapers Um and then we just had um we have two more things that well
anyway I um on the 27 side we have practically no plantings whereas the 25 side you know they've got those beautiful gardens and they have u nothing casting nothing against the 277 side It just looks unbalanced for us to
have nothing And we're wondering if they could plant like about foot high uh bushes um underneath There's a whole there's a whole array of meters if they could plant some bushes a foot high
there and other places that they can find on the 27 side We're not sure how much space there would be for vegetation but there's there's nothing there and it just um it's just not balanced you know um with the with the 25 side So we're
last item is what what's that what's the last item on your list well we Well I have I can I say two more one is we wanted stairs on the slope as it is
There's a path on the slope that people have worn through the years So people use the slope and which slope where is that in relation to the where we're talking about the vegeta where we're talking about all the planting on that that slope you know at the end stairs go
down the slope so people could walk up and down the slope and it would be safer and it would mean more people could do it because only certain people can walk that path you know the dirt path and so we're asking for that that's not part of
what's been added advertised to discuss at this meeting So do you have have one okay Yes I do I do There are two handicap spaces There are two hand this is you I'm saying there's two handicap spaces that are at the that are at the
end of this new parking area on the 27 side And we're wondering as it stands there are two handicap spaces And it looks like in front of 27 if it's feasible There seems to be a regular parking spot a nose-in
spot that could be just turned very easily into a handicap spot because there's an access aisle right there And it would mean that it would be more it would interrupt Are you the spokesperson for the homeowners do you have a homeowners
group well I I'm saying these are these are from our concerns that have been you know there I I don't think all of these things are are cogent to what's been
advertised as legal to talk about at this meeting So I'm asking if your homeowners group can work it out with Mr Allison that unless people on the panel have a different idea but we've got a long agenda here and I I'm sorry you
weren't at the at the site visit to tell us because a lot of these things should have been handled before the permit was issued But again it's questionable how much of it is is is relevant to what was advertised And so I would like to ask
now if there's anybody on the panel or um from staff that might have something to say to Miss Cummings about how to handle some of this Um Madame Chair I just want to address the fact that there are two other individuals waiting to
speak um from the public I let her go on because I kept interrupting So I didn't have a stopwatch that I could start or I didn't think about that Let let's hear the other people if they have something new different to say I don't need a
repetition of what we just heard New new new material Okay A Miss Anne Holm will be promoted to panelist One moment please Well is there somebody else ready to talk sa
I believe Ann Home should be present Yes there I am We Can you hear me yes Um I live in building 27 and um I am very aware of the lack of
accessibility in terms of the front door But in terms of 27 and 25 people were talking about handicapped spaces But both of those
entryways have no handicapped entrances If you park there you have to come all the way down to the entrance of 27 or all the way up to the entrance of 25
So I don't know why it's important to have a handicapped parking lot there I think it's more important that the uh committee consider uh the handicap situation in
front of 27 But that's and the other thing I worry about is that uh drainage on 20 between 27 and 25 If you look at
it things are going to go uh flowing down the highway and everything gets iced up when you get to the bottom of the hill So I hope they have a better plan
Thank you very much And who else is in the audience just I have a Joy Brenamman I will promote them to panelist They should be joining us shortly Joy Brenamman you are present Would you
like to unmute joy if you can hear us you need to unmute because we can't hear or see you Okay I don't know Madam Chair how you want to proceed Keep on her phone it looks like Does she have to press star
yeah it's possible Oh perhaps There it goes Okay Hello don't know how to do this but um uh from my uh regarding plantings for the
um bank which is a very steep bank uh um between 25 and 27 Uh there is a product there is a plant called
um um oh jeez uh there there is a plant that is very resistant to many stuff Um
and it has a pink bloom in the spring or mid mid thing a kind of clover Um and I would recommend that that is a simple solution so that the guys don't
have to drive their vehicles and uh be in peril of tipping over uh for the steep bank Anyway
uh that's my idea Bye-bye Thanks Thank you very much And I would suggest you talk to Mr Allison about that So have we is there anybody from the panel that would like to talk in that case
um we need to put together a motion which I'm not I don't have prepared because I wasn't prepared to be chair and so can we sort of work kind of together that um that we
approve the uh lighting the parking lot and the drainage plans and what was on this list talking um that that we approve these things with the various suggestions that you
group are going to add to the MO motion that that we talked about the the specific plantings we'll talk about with with Mr Allison and um the
the and miss the notes that that Mr was gay has made about the things that he's going to check are done right like the angle of the lighting etc Will somebody have me put together a motion i you know I think we can I madam chair if I could
Yes please it What about if we had put together a motion to approve the parking landscape and lighting plans as proposed with notes for the meeting that the um
that involves the notes that that from this meeting that involving the stairs on I think it's uh building 20 is it 27 that the stairs on building 27 mirror the stairs on built are rebuilt and mirror the stairs on building
25 Um that um that the management company discuss with um possib look at possibilities of additional plantings on the um slope below the parking lot And what are the
what are the notes i'm trying to remember if there's another note that we needed to make on the um came up in the discussion I think we dealt with the Oh and the lighting that the lighting is going to say that the motion detective lighting Yeah So that
it's on long enough and sufficiently I'm sorry what was Yeah the lighting is um motion You want us to have it motion activated and uh sufficiently broad to cover the middle
of the uh parking lot not shine into anybody's windows So notes notes to that effect from this meeting would be entered into the record and that and that that somebody like Mr was gay with somebody
who knows make sure that the plantings on that slope are going to retain the the uh slope as is and it won't wash out that with regard to the landscape plan I don't know quite how to say it
but that whatever plantings are picked is sufficient to hold the soil in place How's that yep That sounds good appropriate appropriate plantings for uh to hold the soil Okay So I mean it would seem to me that then if we if there was
a motion to approve those three plans lighting landscape and um parking with the notes regarding the staircase on building 25 that it be rebuilt to mirror the staircase on 27 that there be um
that that the lighting is motion activated The notes indicate that the lighting is motion activated and that the lighting is um enough to cover the central to cover the entire parking space without um intruding on other
people's on other properties other buildings And then lastly that there be um they explore uh plantings of other um plants that would hold the How about species other
species of plants that hold the um slope below the parking lot Did you say something about to hold the hold the soil hold this Yeah hold the the the the soil below that below the parking lot Yep
That I move that I would move that You will move that yes Fine Will somebody second that second I second that Yeah Okay All right Um Um All right I can put you back on gallery and see there Now now I can see
everybody again Thank you Um so we have a motion that's been made and seconded Um can I call for a vote now or is there some more discussion about the motion the wording of the motion no we just vote now
Okay I will go on order then Mr Varner I Mr Alfield I I I'm calling the vote Mr Alfield Okay Mr Con Hi Mr Judge I and
I'm an I So that's five to nothing We passed the motion Thank you very much everybody for your patience So I'm I'm bye-bye but I'm going to stay and listen So um I will turn myself off Bye Thank you Hilda I'm
still here Well you won't want to ask me again I asked too many questions You're right Okay Thank you all Okay I think I am also done All right Yes you are Thank you Yeah Okay Thank you Have a good
night Good night You too Bye Uh Steve usually we have a 10-minute break at this point Yep Yeah Are you feeling so inclined i'm feeling so inclined Yeah Okay If we could take 10 minutes please It's 7:46 If we could
back be back here at 7:55 Sounds great On the uh the next panel I'm also going to uh skip out of the the meeting at this point Okay Thank you Appreciate it Good night All right See you in nine
minutes Very good Bye-bye You see what I'm saying you look a little more tired than you were when you started Steve Yeah I feel a little more tired Craig Yeah I I remember what that was like Sitting in
his heart I think you look wonderful Steve [Laughter] Oh you're an optimistic guy Phil I have my moment It did feel good to get up and walk
around a little bit I I was able to do it during the last meeting So that was Thank you for reminding me about three minutes I got carried away I noticed but I I I didn't know what I was
you know I didn't go back and look at the permit I don't have I I'm sorry I I asked you I you know that's okay But you've you've done it before so I figured you could handle it Yeah Yeah I just didn't you I hadn't
looked at the the permit I don't have a copy of it and so I didn't remember what was in it in terms of conditions It's okay You did great We got it done with
Steve's help That's right We got her done and hopefully finding that they'll get the job done because it's been hanging on forever David agrees with that one I mean how many permits are there on that
thing that I'm sure that these things are covered under one or the other been a long road Yeah it's been 20 years hasn't it at least I thought I went back to the 90s It it did for the early development but
the ones on the hill I think 24 was in uh 2003ish Wow That was the first one up on that upper area And I know the the the one that I did on the community
building wasn't even the pilot that just intermed by 12 When when did Gates and Johnson sell that long time ago You couldn't find it on the GIS It's all on the GIS Oh I David I have to ask you a
question When you talked about the special permits are they back online you you can access through the GIS Um you would have to you can go to the registry of deeds if it was recorded there
Um we have the numbers on the rental registration on the application where we could find them Um so those are recorded there at least you know so you'll know where to start Um and then if you knew the older the older program that you had
before this one had all the permits on it and that was very useful and then we haven't had access to them at least before co whatever this new program is does not have that and it doesn't have the stuff
from um from the violations of the behavior stuff that whatever used to be on a big map there that hasn't been on for several years Yeah some things need to be updated and and uh moved around a little bit There's been some changes
There's always there's been some security issues with GIS So some of the things that used to access you can't access now and you know so things have changed with a changing of society and how things have been going So yeah Is there any chance of getting access to
the permits again you should be able to at least access your rental permits And uh I I meant I meant the zoning particularly the old they're going to be online or you have to go to the registry
Okay Hild I think we're going to get started Okay No I just want to put that in that I I missed them because I used to use them a lot Okay Bye Bye Uh Emerald I'm here Oh okay And Phillip
here Are you still in the library oh you are Okay All right Well I think it's time for us to move to the public hearing portion of the evening We've got some background
noise Here's my last chance that I That's better Thank you Um if it's okay with everybody I'd like to switch um in the public hearing and have Salem
Street go first Uh unless there is an objection I have a feeling we may Mr chair I had put them last specifically because we needed the inspector associated with that case to be able to
attend I don't know if he's here Let me just double check But that was why they were moved to the last spot I see So I don't see him here yet Well but it is your discretion
Well if if we need him here then I think we probably should stick with the agenda as it was put out with Shoot Spray next Although I think shoot is going to take longer Um so for public hearing we're going to
go to ZBA FY2023-18 ASD Sbury Mass Solar LLC a request for a special permit under section 3.340 of the zoning bylaw to construct a 9.35 megawatt DC
uh 4.4 4 megawatt AC ground mounted solar photo photoaltaic array spanning 41 acres on 102 acre site with an accompanying battery energy storage system at three parcels of land owned by
WD Kohl's identified as map 9B parcels 11 and 12 and map 9D parcel 27 on Shootsbury Road RO outlying residence zoning district frontage and access to the subject parcels of land is located
between 187 and 2011 Shootsbury Road and continued from July 25th 2024 September 12th 2024 January 23rd 2025 And the panelists for this um are
Mr Judge Mr Sloveter myself and Mr Henry Um I guess Philip you were not on there No Mr Chair I am not on this panel Okay So the four of us are here Um and I can
see there's someone else who's key to this sitting or I assume you're sitting there Mr Rei Um so uh there was no site visit this time Uh
the following documents were submitted on March 26 2025 which is a withdrawal letter to the CBA Uh there's a review of thirdparty submissions Shbury road solar special permit peer review dated
18205 which is a draft uh and not a final which is pretty obvious if you go through it Review of public comment submissions The follow following public comment submissions were made one uh Jenny Kick Michael
Leinsky online format excuse me format submitt road solar Um number two was Jenny Kick and Michael Leinsky O2 online for uh formal
submitts road solar public comments number three suggested amend amendment to the section 4.223 223 ZBA rules regulations from Kak Leinsky at on
47205 Uh four WSP peerreview comment C Leinsky 7 April 2025 and fifth a chronology of seeking written quotes Uh Mr Rei would you I assume you are
representing and if you will tell us what you'd like we will hopefully acknowledge that Perfect Thank you very much Mr Chair members of the board Tom Rey attorney with Bacon Wilson out of Ammerst uh here on behalf of the applicant and I know we've had a long
night so hopefully we'll keep it brief Really simply we we are requesting a withdrawal without prejudice Um the letter that I had sent in gave the explanation Essentially what's happening here is the the project requires a
special permit Uh the ZBA is designated as a five member board However there's four members currently sitting uh on the panel and given where the project is and
um when we expect to get additional information from the peer reviewer etc We do not expect to have that all happen before uh the end of June And it's our understanding that at least one member who is currently impanled will no longer
be a zoning board of appeals member And so when it comes time to vote in let's say July or August we would only have a three member board However we would need four votes and we just could not get four votes at that time because it would
only be a three-member board The board is not converted to a different um you know a four member board and we would only need three It's still a five member board and we need four votes And so uh understanding this we've asked for a
withdrawal without prejudice to be able to come back uh in the future in a couple of months uh when a we have a updated order of resource area delineation from the conservation
commission and then uh b there is a full complement of five zoning board members So that's the request Um I'm happy to answer questions on that but right now we're just asking to withdraw and we
will be back at some point in the future Are there questions from any other members i just have one for I just have one for attorney Rey Um so I read the letter Thank you for that Um just so safely aware when a new panel when a new
board is impanled the five members this is going to be from start You're coming back as a brand new application having needing to present to the new members everything from start That is correct A butter notification notices in the paper
the whole as if this never happened and we're starting fresh Okay And I would assume at that point in time you're going to be upgrading a number of pieces of the
your proposal Uh being familiar somewhat with battery storage right now There are tremendous leaps and bounds going on with that The tariffs are affecting well who knows what they're going to affect but they're
certainly affecting the uh the mountings They're affecting the panels There's a good chance they may be affecting the cables So you're you are talking about a very different proposal I would assume
Um and so I'm not your thought of coming back in a couple of months I think maybe I I would assume is a little premature I guess what I'd say is you know a preview of coming
attractions you know when the board when we're going to be asking for approval there are some things like battery energy storage We'll talk about the technology Uh but as far as designating a specific manufacturer
for some of the other equipment we don't do it or we'll say here's what we're thinking right now But exactly for the reasons that you noted you know when it comes time for construction it it may be that we can't get it or if we get it it's two times the price or you can't
right So and again not necessarily Germaine for this but and that's why we say a couple of months because you know the fundamental layout of where the panels are of where the the resource areas are in relation to the panels etc those will be I mean we know them and we
are uh going through you know about to start in probably a couple of weeks that conservation commission process for a more comprehensive O-ra Um I think our goal is to to you know in an ideal world we get that overhead before we come back
to uh the board And if I if I could Mr Chairman um there's there's also peer review work that has to be done and there's a number of things that it's it's not realistic to think that it's going to be ready to go in
August or September It's going to be it's going to be a while before it's before the a new proposal would be even an existing proposal would be ready to be considered So I think it's there's some work there's a lot of work to do yet on this it seems to me Am I right Mr
Rey yes But I would just you know as as far as chronology goes I would expect we submit in let's say July and so then there is something to actually be peer reviewed right So they the peer reviewer wouldn't necessarily do it anticipatorily So just kind of like say
okay we're going to start the process Now there may not be a substantive hearing until September I would suspect that when it's time to to really have these hearings right when the the project is proposed and the peer reviews
have happened I could imagine a scenario where we have you know let's say the the last meeting in August is just for you know glare uh and then the first meeting in September is construction logistics and then you know something like that
where when I've worked on projects like this in in the past they've they've compartmentalized it so that there really is time given to each of those categories and so I'd imagine a submission but not necessarily substantive hearing until later in the
year till later Okay All right Mr Slovter you're muted You're muted David you're muted You know I'm so I'm I was so accustomed
to being muted from the last one that I forgot to turn it on I apologize It seems to me that all of this discussion about where they are going with the new proposal is not particularly appropriate for tonight
because there will be a new panel that should be hearing all of this So it strikes me that the request before us this evening is simply a request to withdraw without
prejudice and the timetable for the new proposal will also involve a new panel and we I think we need to respect whoever will be on that panel will need all the information So if we are at the
point where uh we need to make a motion on whether or not to accept attorney Rei's request to withdraw I'd be perfectly happy to make that motion so that we can move ahead
with this part of the of tonight's proceedings And if we're ready to do that I would make a motion that we accept his request to withdraw without prejudice Second I think I
Isn't it a little premature for this before we have public comment oh that could be It could be premature Yes I think so Okay Well then I withdraw my motion on him withdrawing his application Thank you
Uh I I think we do need to go to uh the public comment portion of the hearing which I'm hoping will be uh directed specifically to the subject at hand which is is is not the
Shbury road solar but the their request to withdraw And to that point I think we were Mr judge and I were talking specifically about the fact and asking Mr Rei about the amount of time that it's going to take and what's going to
transpire and the consequence of that is that it's going to be a completely different new submitt And so any comments that are are attempted to be made other than the withdrawal are
um not desirable at this time And I want to remind you that if there are any comments of that sort then they're limited to three minutes please Does anyone on the on the panel have anything they want to comment on
before we get to that okay just do we have people see anyone with hands but let's give them a moment to process No one has their hand raised Oh okay Sorry Sorry Wait Arley has
changed their mind Arley will be joining us Arley if you could give us your full name and address please Hi Uh Arley Gould Uh 42 Pine Grove Ammerst
Mass Is that good i I'm sorry I didn't 42 Pine Grove and where ammerst In Ammerst Thank you Okay I understand you're saying to it's specifically about
the withdrawing of this and I appreciate that Um I've been writing to you about this and I've been coming to these meetings and they keep withdrawing and stuff It's just
um I never been able to speak in this context of these EBA meetings and I you know you know I just I oppose the project and I oppose it whether it's
withdrawn or resubmitted as a new project Uh pure sky is a sort of orwelling thing I'm sorry This is only about the withdrawal I know but you don't the other Okay Goodbye Goodbye
Goodbye Thank you Thank you for your attempt to comment Scott Cashion is next Hello Scott cash in 21 H Hotbrook Road Um about a year ago we talked about
um some biological resource surveys at the site and the ZBA had expressed interest in that and issuing RFPs for doing the survey work um the surveys that we had talked about
would need to be conducted sort of like now through the summer and I'm wondering if the withdrawal would somehow affect the ability to obtain
um the survey data that we seek Uh I I if you if you are correct in saying that it needs to be done between this time of year and the summer and they don't get started again until the
fall it would it would necessarily I I would I would assume it would necessarily happen that those studies are done next spring and summer in 2026 not 2025 Okay thank you
I don't see any other hands at the moment but I know um Miss Karina McCandless just unmuted so I don't know if she wanted to add anything Yeah Hi Thanks Miss uh Williams Um no I
just wanted to uh comment on Mr Cashin's comment Um we've been working with ZBA staff to um understand the entire and holistic scope of the habitat and species um including flora and fauna I'm sorry Could you give us your name and
address and Karina McCandless Pure Sky Energy address is 1460 Farn Point Road in Colorado Springs Colorado currently located in Maine Supposed to get snow tomorrow Um
and we've been working on a habitat uh and species and including floren fauna uh assessment which we will provide to the concomba for their um review and findings So that will be provided this
year not next Thank you Thank you Is there anyone else just I don't see anyone else from the public wishing to speak No hands have been raised
And anyone else on the panel well then perhaps it is time now for Mr Sloer to make his motion All right It's no longer premature That makes me mature And there you are So
um I would like to I would make a motion that we accept Mr Reed's request to withdraw the application for the Shootsbury solar project without prejudice
Second Okay Should be a vote on the motion I think we do We need to vote to close the public hearing first just not yet Not yet You have to vote to uh have this withdrawn without prejudice and then you can close the public
hearing Very good Well or go on to the next issue Um very good Uh roll call Mr Judge I Mr Henry I
Mr Sloder I and I say I also thank you it's unanimous for your withdrawal Thank you Mr Rei Thank you very much as always Okay Uh do we need to close the public
hearing in order to open the public hearing well you're going are you done with Shootsberry alto together we still have an amendment on the table a suggested amendment by the public I don't know if you want to talk about that but you can just move to a public meeting while
keeping the public hearing open if you would so like to or you can just close it Why don't we do that i'm I'm sorry but I'm not familiar with exactly what you're talking about So um it was part of the comments submitted by Michael Leinsky and Jenny
Kaik So I can just share my screen one second Yes please Okay here we go So they are suggesting that the ZBA consider amending a section in the
rules and regulations section 4.2 2 specifically 4.223 regarding preliminary site development plans And um the current language is listed at the top The
proposed amendment is listed in the second paragraph So um this may Can I speak Mr Chairman please Um this may be very worthwhile
but I it was not on the agenda for tonight's business was it Miss Williams not officially So I just wanted to bring it to your attention that it was here I wanted to find out how you wanted to handle it if you wanted to discuss it at
all It seems premature to discuss Yeah it seems to me it's premature to discuss it It may be it may make sense and it may be something that we want to do but I think we have to have it on the agenda for um um discussion and notice to the
public Great I just wanted to have that stated specifically for anybody who needed to hear that So then we should just go ahead and close the public hearing But everyone has his hand up I I did I was also going to say I agree with
Mr Judge and would also need Mr white to also vote on it as he's a permanent member Yeah a good point So that's just out there for anybody in the public who needed to know that Very
good Thank you You're welcome Okay So I think we can go on to You have to vote to close the public hearing Oh yes Well do we need to vote to close public hearing and then vote to open it again well no no no You're just going to vote to close this public hearing and
then move on to the next one Thank you Mhm Do we have a motion moved Second I Thank you Um now does Mr White join in on this or
is this just No it's just the four of us Just the four Just the four Okay The vote to close the public hearing please Mr Henry I Mr Judge I Mr Slover I and I
vote I also So the public hearing for this is closed and we will open another public hearing now for the Salem Street if I can find that niche So just for the record the public
hearing for ZBA FY2023-18 as Shootsbury Massachusetts Solar LLC is officially closed Thank you And thank you all Have a good evening Bye Bye Just could you look for
Ed Smith he said he is here at the meeting but he didn't get a public or get an invite Oh I see him now Okay great Thank you You should be joining us shortly just in time Okay For Salem Street we have Mr Henry
myself Mr Judge Mr Slover Mr White and Mr Sparkles joining us Mr Sparkle And uh and also joining us now is Ed Ed Smith is here and apparently we'll
have Mr Sparkled Um so there was not a recent site visit Um the following documents were submitted on February 10th 2025
Uh 6365 Salem Street withdrawal request Um hard following public comments were submitted Ed Ed Ziggrit um received on
21625 Lori Morris received on 212 2025 Lori Morris received on 213205 The board now asked the applicant or whoever is representing on behalf of the applicant to come forward to do so I assume that is you Mr Sparkle Yes it is
Uh and if you would name address and start the discussion Of course Good evening My name is Bucky Sparkle I reside at 87 Grove Avenue in Leeds so across the river from y'all Um I have
been the designer and uh applicants representative for um the plan and uh submitt that had been made uh the end of last year Um and after um the the short
version of this is uh after the comments received at the last meeting and um effectively the applicant has lost their appetite to attempt the eight car parking space and is uh going to return to their fivecar plan We are certain
that we can work out some of the details with the building department um in terms of Yep But we have a a much we'll have a much nicer looking plan one that is actually to scale as you know We have a an actual survey now and um we'll be
able to produce a plan based on that instead of something based on the GIS system which has accurate lot lines at grades Um but but the gist of it is we're going to add fencing We're going to repair the lawn and corral five cars
into the front And um because that doesn't require um special permit we request to withdraw the application Any other comment mr Mr Smith did you have comments on
this uh you're muted You're still muted Can't hear you Ed He says "No he's good He's good." Okay The universal I don't want to hear I don't No I read his lips Okay Oh you're
good at that huh all you people leave me alone Are there any board comments no comments for me Well if we don't have any comments we should go to public to comment Do we have any public to comment no
public that wishes to comment on this Well if that's the case then uh maybe Mr Sloveter could do his brilliant motions again Well I think brilliant is a little overrating but in this case um I move
that we accept Mr Sparkle's request to withdraw this application That's it That was brief and brilliant Okay And I would second your motion Mrs
Thank you Mr Henry Very good Well then we'll have a roll call on the motion Mr Judge I vote I Mr Sloveter I Mr White I Mr Henry I And the chair
votes I Great Very good Thank you very much Appreciate your time Mr Thank you This was quite unexpected I mean the the brevity of the meeting I was expecting much longer one Not even
10 o'clock you know two public hearings just bowed right out Enjoy your time off tonight Thank you Thank you I think we need we need to have a vote to close the public hearing Yes you do Do we have a motion to close the public hearing mr
Judge second Mr White Chair votes I Mr Mr Henry I Mr White I Mr Slovder I Mr Judge I
Okay do we have anything coming up that we need to discuss that we haven't haven't discussed yet haven't discussed yet Haven't planned on No we don't have
any business within the last 48 hours to discuss So if you just want to go over the schedule we can do that Uh I think we could do that quickly Very quickly since we have a few
minutes very very quickly And there really isn't much to um review just share my screen So we are here Um we've just gotten through everything on our agenda
Congratulations And we voted to cancel the meeting on the 24th because I will not be here So um Mr Judge just sort of an FYI for you that we did take a vote at the last meeting um since we don't
have any applications pending for that date Okay makes sense And then um the next meeting would be May 8th So the way this works now since Mr Meadows was chairing on the 10th we're
just bumping everybody up which means Mr Slovder you are up next to chair May 8th if we have any petitions coming through Um and technically I don't think that we will because no one submitted their application in time for us to deem it
complete and to get legal notices posted and the such So we're really looking at May 22nd as the next meeting date and we have 72 Curtis Place continued from March 27th So I was thinking maybe May 8th
could be another admin meeting but that's um just something to think about cuz that's what we have right now It's possible the 12th of June can fill up It's possible May 22nd will fill up now that I think a couple of people have
submitted their outstanding documents and items that we need to deem their application complete but we're still going to review them So this will change and I will send out an amended schedule once Dave and I chat about those applications But for the moment this is
what our schedule looks like We have new members coming in in June Is that correct july July July Okay Yeah So hopefully we'll see some of you again next year
next term You never know Yeah Uh Ms Williams June June 26 when I was scheduled to chair am I no longer scheduled to chair if there is business that night since you just
bumped me to May 8th when there is nothing to do if there's nothing to do on May 8th you will chair the next available meeting So if that's not May 8th then it will be
June 26th If however so I so I should still make plans to be in town June 26 right yes Okay Yes All right fair enough And there's You don't have to be in town You don't have to be That's true Craig knows Mr Meadows knows Yeah that's true
He knows He's not Ireland Ireland Exactly I'm not I'm not doing it from Ireland You could chair from the moon if you wanted to Okay Mr I'll work on that Okay Okay All right But in the event
that that should change Mr might be prepared to fill in because you would be the next person and then it'll just rotate again But there are only a few meetings left So um but that does bring me to my next question Did we want to try to schedule
an admin meeting before this fiscal year is over because I think we had one more thing outstanding which was like the updating the fee schedule which we didn't really settle on because there were outstanding questions
Do you remember what were the outstanding questions on that just there were a few and I wasn't able to answer all of them So I know our building commissioner has said that you know he could be available if we decided we wanted to revisit it
So if we're going to do an admin meeting perhaps throw that amendment question on there as well Yes definitely So it'll be two items to amend Yeah do that Yep That's right Now the
the um 22nd is Mhm We can do the 22nd A little admin in there with 72 Curtis could work Yes Okay And and Mr Judge will be here on the
22nd of May to chair that Is that correct i will be Yep Okay I Okay I think that would be good with to have all that knowledge presence when we
make a decision Well we'll have all I think everybody all the permanent members are available that day So that's good All right Yeah Yes
So that's it All right Wait Okay Second Okay Okay Who's going to make a motion to adjurnn so move Second Thank you Very good I'm exhausted from I'm exhausted from motion
making That's all right because I'm sitting in a classroom I'm worried you're going to lock me in the building Thank you for the support There's no discussion on this So Mr Henrik I Mr Judge I Mr Sloder I Mr White I and a
chair votes eye Thank you all Good evening everyone Good night favorite night of cup