WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=bdTV0ycBd6Q

NOTE
MEETING SECTIONS:

Part 1 (Video ID: bdTV0ycBd6Q):
- 00:00:00: ZBA Meeting Commencement, Rules, and First Applicant Delay
- 00:01:23: Approval of Past Minutes and Discussion of Prior Comments
- 00:09:20: Seating Arrangement and Anticipating Agenda Items
- 00:14:15: Hotel Renovation: Parking Reduction Request Overview and Introduction
- 00:20:16: Answering City's Comments and Addressing Fire Safety Concerns
- 00:23:09: Stormwater Management Plan, Occupancy Rate Questions
- 00:25:38: Clarifying Code Requirements, Parking Gap and Marriott Mandates
- 00:30:04: Accessibility, Bed Shakers, and Public Comment Opportunity
- 00:32:42: Reading Planning & Fire Department Letters into Record
- 00:38:04: Applicant Questions, Schedule Favor, and Next Application
- 00:39:43: Application for Lactation Clinic for Nursing Parents
- 00:42:38: Discussing Operation Details, Hours, and Equipment
- 00:44:34: Application: Prosthetic and Orthotic Clinic Introduction
- 00:47:06: Prosthetic Fabrication, Equipment and Volume Discussion
- 00:50:27: Machine Types, Safety, and Air Quality Discussion
- 00:53:11: Air Purification System, Noise Levels Analysis and concerns
- 00:57:17: Reading Department Comments and Abutter Concerns
- 01:06:19: Prosthetic Clinic Responds, Alarm and Fire Safety
- 01:12:11: Board Questions, Next Application, and Five-Minute Break
- 01:18:00: Withdrawing Earth Removal and Fuel Storage Applications
- 01:24:31: Application Withdrawal Discussion and Clarifications
- 01:26:42: Motions on Withdrawal and Continuing Fuel Storage Application
- 01:31:48: Motion: Hotel Renovation Approval and conditions
- 01:41:38: Ellis' Memo, Review the requirements and Final thoughts
- 01:43:57: Motion: Lactation Clinic Approval and setting up conditions
- 01:50:06: Discussing setting precedent and public concerns
- 01:53:11: Prosthetics Clinic discussion: Hours of Operation discussion
- 01:57:13: Conditions of Approval: Machine Noise, ventilation System
- 02:01:52: Final Notes: Ventilation System


Part: 1

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Welcome everyone to our meeting of the zoning board of appeals, our regular monthly meeting which takes place on the second Thursday of the 12th at 6:30 p.m. We're here today at the city hall in Greenfield 14th Square. Um chair state this meeting is being

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recorded by the ZBA. If anyone else is recording at this time will they please let me know. Anybody else reporting accordance with math general laws chapter 30A subsection 20G. No person shall address a meeting of the public

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body without permission of the chair. I am the chair and all person shall the request of the chair be silent. No person shall disrupt the proceedings of a meeting of a public body. If after clear warning from the chair a person continues to disrupt the proceedings, the chair may order the person to

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withdraw from the meeting. And if the person still does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting. So that's not going to be a problem tonight. Um, our first applicant has called in. What we do is we set up

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our meetings where we determine uh times precisely so that we could let the public know here on time. So we can't start another one until we reach that time. So we're waiting for the first applicant who I'm hoping will be here soon. So, in the meantime, I'm going to conduct a little business with the

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board. So, why don't we do the why don't we approve the minutes? >> I would like to make a motion to approve the minutes for the March 19th, 2026 um GBA board of appeals. >> Okay. Second.

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Any discussion? Hearing none. All in favor say I. be opposed. Any extensions? Let it be noted the motion carried unanimously. Um seconds. >> The next one's at 6:30. I think you had

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about 6:35 or so. If anybody if you all want to talk among yourself right Yeah, these comments here from like the department. >> Yes. the city staff.

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>> Yes, >> those were. >> Yeah, I know. But I >> Yeah. So, That's just for one. >> Yeah, I know. But I just figured >> Okay. >> There's a lot of paper flying. >> Yeah. Star first agenda item. Yeah.

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>> But there, >> this is your summary. And were there comments from the other department? It was a fire department >> from building from fire department. There is the DVDW. No contact. >> Nothing from the building inspector. >> Correct.

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>> Uh the building inspector is planning to by Zoom. Come on. Practice. That's all. Super. >> Yeah, she ready to go. Wait.

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Okay. There's one seat over here. There's a couple seats over there. Thank you. >> People need to sit here. >> Holding chairs. >> Let's do that.

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>> What's this? 90 people. >> Doesn't look like we're Yeah. Did I I'm going to get to the next. >> Okay. Yeah. >> Oh, very second.

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You know, it's also Yeah. This is the first time all day I haven't done anything. saying by the bell. >> Everybody here

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need for a minute. No, no, we set up. >> All right. >> How long will it take to set up? I have finger patience an accident. This is resp Good evening. Really good. Thank you for

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your patience. >> Hold on a second. I have to There's some formalities that we have to do before we can speak. Thank you. >> I'm glad you're ready though. Um All right. So, we can we're going to move to the first matter on our agenda now, everyone. >> And uh could you read into the record uh

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the applicant's uh request? >> Uh yes. Application of Dave Canella for property located at 21 Corain Road, assessors map 44, lot 2, which is located in the general commercial GC zoning district for special permit

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pursuant to sections 200-6.5E and 200-8.3 of the zoning ordinance in order to allow for reduction of two parking spaces from the required number. >> Thank you. >> Seating on the panel. >> Oh, not not you're not. Sorry, excuse me, Chuck. You were not seeing

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>> Eric Green, Mark Maloney, >> Debbie Jeles, >> and David, sorry. >> Um, okay. And who's here for the applicant? >> I'm David Conseller. I'm the architect representing group. >> Okay. Is the applicant here? >> We have Ray Condi. He's

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>> operation. Dominic. >> Okay. >> My assistant tonight. >> Okay. Go ahead. >> Okay. So the first thing I want to do is just kind of give you an overview and then I'll go quick through the building so that you kind of get what's going on.

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So this is called Rain Road. >> Sorry I got to take it easy. >> And our main entry is here and basically the building is surrounded by pavement. And what we're proposing to do is we're going to build an addition to the rear

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this beige area here. And we'll restripe the parking lot. We're going to put in some bio retention areas. And so it's a combination of a larger addition here for the first floor to add lobby space. The building doesn't have a proper lobby

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as a hotel. Going to become um Hilton Express Hotel. It's a double now. No, >> City Express by Marriott. >> Marriott. Sorry. Thank you. And so right now um the main entrance is in the back

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of the building to the existing facility. We're proposing a turnaround drop off here, but we believe the main entrance will still be here. This is going to be a more of a token entrance, if you will. and the building. Um

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um I have the red bands are the retention areas for the bio retention areas. The goal is the dumpster location presently in the future hopefully. Um the dark gray is existing will not be

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touched existing rooms primarily and then the light gray is a remodeled area color because it's to go through the building. The building itself consists of two floors. It has a roof on it and it's made up of

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just show got all my stats with me. So, I'm going to read. So, you have an existing room count of 59. We're going to a proposed room count of 63. That's what's triggering the uh increase in parking is the number um

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rooms we'll have. So, basically what's going to happen on the back on the first floor where the gray areas on the existing building is the remodeled areas of the building. Whole rain road is at the bottom.

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just to give you some text. Then on the first block again remember the colors the dark gray is existing to remain areas is just getting remodeled. There's no increase. There'll be a increase in handicaps

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bedrooms, kings and queens. Um the beige area is a new addition. The gray area is existing that will be remodeled. And basically on this floor we're adding one room and then on the second floor you'll see we're adding six rooms to do the second

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floor we're losing a net of two rooms. We'll be adding so we're we're counting on this to be the main entry but there's also an entry here. Reception will be located back here. So you have to walk through a dining area with a uh it's like a breakfast kitchen, a small

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kitchen to serve. And then um the there'll be these will be two modified rooms in the future. Right now um only have we don't have any accommodations if I'm getting my statistic about place. You know the building better than I

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>> obviously the kitchen continent for breakfast and things like that. Obviously fire department. >> It's not a full-blown commercial kitchen per se. And then on the second floor the gray area is again remodeled. Here's where we have the bedrooms we're going

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to lose. And then we're adding five here and one on the uh downstairs. So, we got to basically be adding seven taking away two existing net change of five bedroom. So, just uh the big issue parking.

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Well, the building will be uh all the exterior will be refinished uh in Marriott colors and their color scheme, not our choice of color schemes. I didn't bring those cuz I didn't think that was important to the representative.

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So, uh we're proposing to restripe the entire lot and rework this area. We're not going to touch any of the landscaping except for around the building, but we're doing the bio retention areas. I can take questions. I can answer. The

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city had some comments. I can answer them ahead of time if you'd like. And fire was concerned about access around the building. You can see that I have a 25 ft lane here, 14t lane here, multiple entry points to the site. So, I don't

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anticipate that there's any issue with fire. Uh DPW had no issues at all with uh the project was planning and planning was concerned primarily concerned

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about the parking and the number of people using the facility. old. What I'm told is at peak there's six people and that's the 7 to 3 a.m. shift. Then on

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shift 2, which is 3 to 11, the same type of staff. >> Yeah, I was wonderhead. There can be as many as four, but usual is one to two people on that second shift and then the overnight shift is two people. So that that makes us uh

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required to have two spaces before uh two. Yeah, two spaces. So and then the number of rooms we're proposing is 63. The bylaw says one per room. So that's where we get to 63. So we're short to 65.

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And I guess when we between the time we submitted the application, there's been some tweaking of the design, particularly the parking planning was um very thorough and reviewing the parking. We uh we're going to need one additional parking space than we applied for. We

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need three, not two. So, I want to make that clear to the board tonight. And we're getting the new layout in a combination of um 90° spots, 45 and 60° spots. And we have going to meet the

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mass architectural access board for uh vans and parking for the number we have here. What we're proposing snow storage is primarily this thing that's around the perimeter on these strips of land. Um there's a shed that we're removing in

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order to pick up two compact spaces up at the top here which would be the uh I guess it's the west part of the plan if you have it available to you. We're going to we'll have to rework some drainage in this area. We'll do a full set of drawings for the civil. It's a

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storm drain system. There's an existing easements on it from the back right right through here. It's a water easement, I believe, or it says sewer ement, but I believe it's a drainage ement. I don't know if you know what what's exactly in the ement.

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I think it's a drainage. >> I believe it is all drainage though. the parking lot the way it is. I think it's information coming on that >> um all right you have a that >> yeah pretty much it >> in the storm water management plan you

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indicate indicated there's going to be a maintenance requirement for storm water system hotel chain going to hear that or >> of course of course we're going to take care of you guys about that done in the past to my knowledge because I've only

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been in my position I would say for the last two years and as you know um we were a migrant shelter for for quite a long time. Um to my knowledge I do not believe it has been taken care of but we are fully contracted with the city of civil engineer for all of this planning.

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So that that definitely is on our list discussing that with the city of course >> we have to design the rework drainage and then the passive retention areas will pick up some of the waters. We're going to remove plants around the building which are small trees that are

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in really bad shape. So to get the drainage in so it takes the pressure off of the system. It's foliage season is the peak season this area. What what do you anticipate as an occupancy rate during September

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October? >> I would say about 85% I would say that would be realistic. Obviously, you have your your spur of the moment where you would be at 100% as any hotel would be, but I would say really in those peak seasons would be about 85% occupancy.

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>> I noticed a kind of we made city buff parking plan. If you have full occupancy, what do you do with the excessive? >> What we had discussed is um a management would instruct employees to take Uber to the site and then they'd pay for the

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Uber for the employees. That would be a contingent shake land. >> I know when the hotel was operational. I don't ever remember in the last four years ever having a park. >> Not that saying it would not arrive, but in my experience it

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>> hopefully will happen. >> I I hope so too. >> Any other questions? >> Um I have a question. um in the um engineering um storm water management plan. There's a a comment here about um

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under low impact development design strategy section three uh section A. It says the site is densely developed infill with existing urbanized area. Future retail areas have been included in the development plan in addition to the initial use of a portion of the building as a drive-th through coffee

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shop. So can you speak to that? I don't see that. We don't have a coffee shop. We don't have a drive-thru. >> Is there a reason why listen to >> Yeah, I'm thinking it's a product that he didn't add. But >> there's not a drive-thru. There's no requested.

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>> There's just a continental breakfast that's going to be added. Doesn't exist today. >> She's gonna say no. All right. I want to just get uh a little clarity. Um

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we were our instructions were that you meet 64 spaces but you only have 62 spaces and you mentioned something about an extra space. >> Does that mean that you're now asking for a special permit to reduce it by three rather than by two? >> Yes.

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Um, so in order to do that, our code asks us to answer a series of questions. So I'm going to ask for or statements. So I'm going to ask those statements to you and maybe you can help so that it would be easier for us when we deliver them. >> Um,

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oh before I do that, currently what is the ratio of what is needed by our code and what you actually have there right now? Is there a gap? >> Yeah, the three is the gap. >> So the the gap is the same now.

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>> Well, I'm sorry. Um we believe if I base what's there now against the code today, there's a gap of two. >> Two. >> All right. So, um number one, the existing parking areas constitute the most reasonable method of providing parking for the building and will

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adequate will adequately provide for the proposed use. So that's your representation that even though you're three spaces down. >> Yes. >> No other land is available as a practical matter for parking purposes. Now I I wondered about parking on the

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street. Uh but I was told today that maybe that's not possible. Have you have you tried any other Have you ever So the Uber is your answer. You haven't tried contacting any of others. Anybody? We have not, but we have discussed that >> because I do know the Hampton in that's

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behind the hotel does use the parking of the 99 as well. See, I think I think the reason that we get to do this the parking stop is and why it's in our code is because of safety and we want to make sure that people are your customers aren't parking

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at the uh big Y shopping area and crossing the street, things of that nature. I think if you could park right on Shelurn Road, that'd be fine, but I again I've been told that maybe you can't do that. So I would like to see

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that sad if if there's going to be um somebody's going to suffer from this decision it would be the very least that don't get to park the spaces >> right so that that's why we offered the option

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>> u public safety will not be compromised so again that's our concern uh a reasonable alternative design is proposed so did you make you made every this is your best attempt you're representing to get as many spaces as you can. >> Oh, yeah. We spent several month uh I'd say several weeks on buying different

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places. >> And it's really important that you have the frontage that that the soft entrance there. That's a that's kind of a Marriott. Uh that's their >> specifically for for City Express Grand. It's it's very very hard because we have

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to meet both needs. We have to meet the town's needs and then we have to meet Marriott's needs because of contractual logic obligations, you know. Okay. Because trust us, if if we weren't mandated to do it by Marriott, we wouldn't be doing what's

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>> because we're coming in here. All the right now all the parking is lined up across the front. So, we're displacing these other spaces a little bit. >> Yeah. >> All right. You feel like you have it under control if it's fully filled.

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You feel like all the customers will >> Thank you. All right. Those are my questions. >> Yes. Go ahead. >> I can't see it from here, but uh could you talk about the uh handicap parking and accessibility?

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>> The vans here and the other ones here. So, this is all this is the accessible route into the building. It's actually the front. They're getting the, you know, front door come in. Anyways, >> three three handicap spaces

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um adequate for the number of rooms that you're renting out. I believe it is when we did the calculation initially. It wouldn't change the count anyway. I mean, I have my van here. So I have my

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loading side over here. So if I were to designate this a handicap, this a handicap, my count still say the same. >> We're adding an elevator. I didn't mention that too. So we're making the we're bringing the building into into compliance. Actually, we have all the

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required bedrooms we need to satisfy AAB. We have the elevator. We're adding entries. We'll have the electronic walks if that's required fire suppression and fire alarm as well. We've already contracted with an engineer on that have have it pretty

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much phase one complete. >> And we need the bed shakers for the people, you know, that are deaf or blind. to the record first or do I first >> think we usually read these in first

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>> to the record. Any other questions from the board? >> Course has been six months. >> All right. Before we go, I'm going to do the opposite. Okay. Is there anybody here for this project? >> Anybody online for this project wants to

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say anything? Okay, good. All right. So now what we do is we read into the record things that come to the board, make it part of a public record. >> Do you want me to read the entire memo from Ella?

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>> Why don't you? >> Okay. So, uh, to the zoning board of appeals, a memo from LOI, director of planning and development, dated May 12th, 2026. Um, review comments proposed reduction

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in parking spaces at 21 full range. Um, the recommendation was that if the board was inclined to approve the application, um, the department recommended that we make the following priority applicant. what the proposed parking strate what the proposed parking strategy would be

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if all the spaces were occupied which David um did ask us questions when they provided us uh their plan in addition um a summary of the special permit application is it was under consideration um to include a reconfigured entrance

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and lobby a two-story building addition in the rear to add five additional hotel rooms and shift one um shift on-site vehicular pad And based on that, it just comments about the fact that uh

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that the hotel is a a facility that's allowed by right in the GC zoning district. Um it lists what the general parking requirements are and that they need one space for each bedroom plus three spaces for um each 200 square ft

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of floor area available for meetings and functions and one space for each of the four employees which resulted in the need um for 64 parking spaces and um where did we come up with the 65 that

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were needed? 60 uh this three per room and then >> and then one space for every four employees. >> It's one and a half is what I is it one >> here it reads one space

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>> for every four six at the max. So it's >> six. Okay. Yeah. All right. Thank you. Sorry for that. Um, it then just goes through and it actually lists out what all the sections are. 200-6.5

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is that 6.5 and it just talks about waiting why the things to consider and why we would allow reduction. Some of them are based on the existing parking area um that they're bringing the parking areas into conformity with the requirements of the

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section and um making sure the public safety isn't compromised that they get asked. There was also a question about snow removal and it says that the snow removal will remain unchanged with storage of cloud, snow and landscape areas in the front and side yards as

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shown on one-1. Uh there was a review of the landscaping and the proposed project is enhancing the existing screening and landscaping by retaining all the existing trees around the perimeter and replacing on the begin uh the building with a bio

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retention area and adding new plantings and with those changes they will still meet all of the requirements for the internal landscaping and then storm water and low impact development. Um, there are no new connections to the mini municipal storm

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water system, nor an increase in paved surfaces as explained by the applicant in sheet C1-1. Roof runoff from the proposed building shall be disconnected from the existing drainage system and directed to on-site storm water management systems. The bio retention

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areas within landscaping along the building provide the low impact development storm water management features. And then um at the end there's a review of the dimensional requirement setbacks and the proposed project will include an addition in the rear of the building that will not encroach on the

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required 25 ft rear setback. Um there existing for lighting, there are existing light poles for the parking areas and no new lights are being proposed and um a comment that any proposed signage above and beyond the maximum requirements of the zoning ordinance would require special permit

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from the board of appeals, but they have stated that they were going to follow. >> Yep. There is one from Alex Foley, uh, captain of the fire department, and this is dated May 12th of 2026, and the fire department has the following comments

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regarding special permit application above for 21 Full Rain Road. Confirm that any changes to the current parking configurations will not create obstructions that do not comply with 527 CMR1-00, Chapter 18.2 Fire Department access.

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Please let me know if you have any additional operation. >> So you're you're representing us. So that's in our fire chief fire department. You're representing us. You're compliant with that. I think I Yes,

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>> I checked it actually 101. >> And then the final memo was just from the um DPW and there were no comments or proposed and there were no other departments that commented. Okay. Any other questions from the board? Comments from the applicant.

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Okay. So, what we're going to do tonight, we have a favor of the schedule. Um, but we we will decide this tonight, but we won't decide it right now because the other hearings. So, it's going to be a little

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while. So, you can stick around, you can go and come back, whatever you need to do. So we will talk and you don't have to stay if you want to hear you know watch >> there might be some questions >> but you will be the first one that we deliberate once we get to

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>> am I okay to leave this here >> please again thank you for your patience after expected to defer at 6:45 Um, so, uh, whoever I what I did was

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>> I asked that there be two or the same space. >> Yes. So that if either one of you stopped read >> you share that. >> Yes. Before I read the application, can you

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pronounce the name for me? >> Night brush. Love night brush. Lauren. >> Yes, please. All right. Just read the first one and then we'll take it. >> Read the second one. We'll take it. >> Okay. >> No, they're not they're not they're different. So they're not going to take the same.

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>> That's okay. Application of [ __ ] Services LLC for property located at 21 Mohawk Trail, unit 18, Assessor's Map 49, lot 26, which is located in the general commercial CC zoning district for special permit pursuant to sections

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200-4.7 and 200-8.3 of the zoning ordinance in order to allow for a lactation clinic for nursing parents. Sitting on the panel are >> Eric Green, >> Mark Maloney, >> Debbie Jo, >> Davidson. Okay. And the applicant is here.

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>> Yes. >> Introduce yourself again. >> My name is Lo Nigashori [ __ ] >> And where do you live? >> I live in Apple. >> Okay. And what do you plan to do? What do you plan to do with the FA? >> So I'm an international board certified lactation consultant on IBCLC. I have

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I've had a private practice for the last five years mostly doing inhome visits where I travel to people and provide inhome insurance covered lactation care for families struggling with milk supply latching pumping

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um with you know anywhere from the time a baby is born until they leave. Um and I am now hoping to open a clinic in Greenfield so that I can see more people. they can come to me um so I can

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kind of staff patients a little better. I'll still do some home visits um but I would like to have a space where I can see people as well. So that's what I'm hoping to do. Pretty simple. I think

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>> it's on the top level the very corner of the building facing um >> this year it's facing >> that's where they have yeah so these walls are actual windows coming up

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so we're sharing the space but I have a space of nar. >> So it's not an overlap. Not like for now. >> We probably will actually but we have our separate spaces so that if there was overlap it would be he has a patient. I

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have a patient. We have a shared >> and you mentioned in your application for medical. >> No I mean it might be like diapers >> different kind of >> Right. Right.

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>> Um, any questions from the board? >> So, for lactation care, I have lots of breast pumps, flanges, which connect to the breast pump. Um, I have a sanitizer to sanitize equipment in between. Um, and a scale like a big fancy scale.

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>> In terms of the liquidator, being covered in snow, >> right? >> Um days of the week, hours of the day, what would that what would that entail? >> Um so right now it'll just be one day a week that I'm seeing people there and

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then the rest of my um visits will be still inh home visits. Um >> I think the application >> Oh, two days a week. Sorry, Mondays and Fridays. Yeah. So it's possible that people will come to me too late. I'm sorry we discussed multiple iterations.

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>> Um I don't want I don't know about the guest appeals but so I mean you want us to permit only a certain amount of hours or do you have a maximum amount of hours that you would like the permit to speak to? And and >> I'd like to be able to hours and days of

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the week. So days of the week would be Do you think you would do it on the weekends? >> I potentially I could. Yeah. Yeah. >> And time of day. >> I mean, generally I work, you know, typical work hours 8 to 5. If I'm

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working outside of those hours, I'm usually going to people in my like if they need a late night visit, I'm they're not going to Any other questions. All right. Where do we get in? Oh. Um, I'm going to do I'm going to So, that's

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your presentation. Now, let's read the second uh here. >> Sure. Um application of tax mobility for property located at 21 Mohawk Trail accessores map 49 lot 26 which is located in the

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general commercial CC zoning district for special permit pursuant to sections 200-4.7 and 200-8.3 of the zoning ordinance in order to allow for a prosthetic and orthotic for people with disabilities

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>> sitting on that path. are >> Eric Green. >> Mark, >> Debbie, >> Davidson. Okay. Who's here for that? >> Uh, so my name is Oliver Max Nigash. I know by Max, hence the max mobility. Um, so I am an ABC certified

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lipotist. Um, I've been in the industry about 11 years. Uh and what we're proposing is to open uh an independent OMP clinic uh in this space. Uh right now there is no orthotic or pro prosthetic provider in Greenfield. Um

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there was in Mont View and they closed down last an underserved market. Um and people with mobility challenges, amputees, um travel is definitely customer. Right now, Greenfield residents are traveling either to

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Northampton or Springfield or Lemonster um which is a burden on there. So, we are hoping to open an independent clinic here uh to service facility. Um now, the density in this area is not enough for a full-time clinic and so our business model is partially on the road,

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partially in clinic. Um so, we will be seeing people um at their homes at nursing facilities as well. Um but the uh payers uh specifically Mass Health requires that you have a physical location open 30 hours per week. Uh so

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we'll be open a minimum of that those 30 hours once we get to that stage uh in our business planning. Um and we're planning on doing that on uh Tuesday, Wednesday off Thursday uh from 7 to 6.

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Um so uh prosthetics and orthotics is kind of a big area um kind of swap of care. Uh orthotics is uh we are won't be doing any fabrication um only modification. Uh so basically all of our orthotic devices are sent out

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um to be made. Um we are proposing that we fabricate some prosthetic devices inhouse um and that has to do with turnaround time uh cost of delivery and things like that. So um I have a little bit of a sample here. So this is um a

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basic pro prostthesis for baloney amp um foot pylon um and the socket itself. So the socket itself is the only part that we would be making. The rest are assembled um and uh it's a process where we take a

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cast of the person's residual limb. We modify it in plaster. Um then we will make a temporary socket for fitting and alignment uh where we can make changes and um adjust based on the gate pattern. Uh and then we turn that into a

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definitive which is a material. Um so uh with a clinic we are not fabricating for other people. We're not selling uh these. It's per individual patient. Um so everything is custom. Uh and it's very low volume as a result of that. So, we're anticipating, you know,

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fabricating about one socket per week once they get up to speed. Um, so it's it's low volume, low impact, um, kind of a process. Um, I don't know if you guys want to pass this around or look at it at all. Um, in case you've never held one before, uh, but that's, uh, that's

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sort of what we're talking about. Um, and I know that we did have some questions and concerns uh, from various departments. So I don't know if you'd like me to go over those now or wait until this.

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Yeah. So um here we have just a space for exceptions here. And then we have those two areas which are closed off to the rest of the clinic. There's a workshop and a patient room. Uh the patient room is larger because we have to have parallel bars for gate training.

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People That's great. This is what I wanted to I wear prosthetic as well. So I I have one too. >> Yeah.

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>> Um any questions? >> Um there you don't show on the diagram what the outside space is. Is the uh accessible for indic? >> Yeah, so we are uh planning no external

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uh changes to the property at all. There are handicap access there and accessible um entrance is all ADA compliant. So this is part of the reason why we picked this space is because very low

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requirements for notification elevator. Uh so there's we don't need an elevator because there's no internal changing between floors. It's external access to both. >> There is no elevator at the site. >> There is no elevator at the site. There's a one outdoor stairway that goes in between. Um and then there's parking

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on the higher level and the lower level. And so you know there's a you know driveway in between. So, um, so I'm trying to imagine, um, you know, you're building something in there. So, you know, I don't want my imagination to go too far, but what's

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going to be just so what kind of machines are going to be in there? >> Yeah. >> Our give off. >> Yeah. >> Those guys a little. >> Um, so in terms of machinery, um, the basic requirements that we have is we need an oven for thermofforming. Um so

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we heat up plastics and then we we form them. Um we need a vacuum system uh to apply you know negative pressure for the lamination lamination process. Um we need a grinder and then uh ancillary systems, dust collection, air

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purification, monitoring systems. Um and so you know it's a small space. We don't have you know mills. We don't have you know uh giant uh you know production systems. It's it's a pretty straightforward simple process. Most of

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our molding is done in plaster um which is uh you know nonfamable and very safe to use overall. Um and then once we have that mold form it's we're basically forming plastics and then it's holding

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top of that. Um so in terms of uh air quality and smells and everything like that um our process uses um non-hazmat um and a very low VOC product. Um so the

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laminate itself falls a little bit of compound. So that's basically you know the smell and uh the vapors that you get when you're using certain >> um so the fabrication process is actually very low impact in teries

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odors. Um modification to existing product you do use glued adhesive solvents. Um so the biggest one is barge which is a contact cement um that's available for you know household use it's not no commercial or anything like that um and solvents associated with

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that mostly what we use is acetone denatured alcohol um and like a citrus based um and so I I can outline those I have them written down the main products that we use um in the facility itself or in

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that modification room uh we have dust collection any grounding activities. Um, and then we also have a secondary air purification system which will remove any remaining. So, we're not expecting any odor even in the next room. That's part of what we try to do because we have patients that

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we run off patients based on, you know, the sound application. Um, you also asked about noise. Um, and so I did uh take some uh noise level readings throughout the office. Um, so I can pass around, you know, versions of that if

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you'd like. Um, so I highlighted things here. This is new information. Yeah. Um, based on the feedback. So I got an email with questions and concerns yesterday raised by a different department. So I put this together. So um when uh so in

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the center of the lab with all of the equipment that we have in there running um we are at uh 83 dB from the center. So for contacts based on you know VL data heavy

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traffic is louder a vacuum cleaner is slightly that's with all equipment running um which is a you know we're never going to have that scenario when we're actually fabricating because that involves you know the vacuum pump and the air compressor and um you know

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everything running simultaneously. Um, at the same time that lab itself has two windows facing the street. Um, and so it's actually fairly loud in there at baseline. So I have the lab inside the room. So the lab uh background on

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Saturday traffic. So I ran an average of just Saturday traffic. So that's not even peak uh peak time. Um, and uh we were at 67.4 dB. So again, that's in between a vacuum cleaner and one conversation, right? So the the additional volume of noise that we're

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actually producing even with all of them on um stays somewhat. I will point out the air fryer according to produces more volume of noise than the volume of noise of all of our machines on inside the

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lab. Um and there is a salon tutors. So just for context and we're not expecting a huge amount of noise. And then once we're actually looking at the patient room where we have patients involved, um the volume is below that of the level of normal conversation and actually below the level of the lab room just with the

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traffic. Um so I don't anticipate that we have any problem with um with noise. Um I know that there is a statute that says it has to be undetectable um without equipment within 200 uh feet. Um and I don't see how that's plausible that we would get internet um any noise.

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Are you putting the fans in this system space? >> No. So it's not the internal. >> It's all internal and that's part of the air purification system. So we're running everything through hepailters and activating

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the heat that you're going to generate. >> Uh we have air conditioning throughout the unit. Um but we're not expecting any additional condition that uh you know this is kind of a boutique process right it's not a full-fledged manufacturing setup so we're not running

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these machines constantly our uptime for all machines combined is expected to be about 10% of our business hours so um you know the volume is uh of production as well and that allows for dissipation of you know heat certainly

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with the traffic going by is very close. >> So um the the noisiest machine is the vacuum you say. >> So actually the noisiest machine that I measured is a vacuum that we're not planning on using there. That's for context. That's a wet dry back all by

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itself source. Um so that highlighted item above source is uh not >> machines you use they make noise. >> They do make noise. They make less noise as measured by decel >> including all combined less than.

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>> Okay. Thank you. Any other questions? All right. Let's um let me see first. Anybody here uh to talk about this application? Anybody online here to talk about this application? >> Um could you read in the record then

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Dallas comments? >> Yes. Um so >> follow I'm sure read it's actually easier to read it than try to read and then talk. So um zoning board of appeals um memo to the zoning board of appeals from LOI director of planning and development

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dated May 12th 2026 review comments the two proposed medical clinics at 21 Mohawk trail recommendations if the board is inclined to approve the application the department of planning and development recommends one inquiry if the zoning code sections 200-6.8 A

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subsection C performance bandage may not be met and if not establishing conditions of the amount of time and hours of the day when excessive noise odor is allowed. Summary of spec of of special permit applications. Two special permit applications under separate

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consideration. One is the application of [ __ ] Services LLC for property located at 21 Mohawk Trail Unit 18 map 49 lot 26 which is located in the central commercial CC zoning district for special permit pursuant to sections

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200-4.7 and 200-8.3 of the zoning ordinance in order to allow for a lactation clinic for nursing parents. the application of max mobility for property located at the same exact location. Um, pursuance to

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sections 200-4.7 and 200-8.3 of the zoning ordinance in order to allow for a prosthetic and orthotic clinic for people with disabilities. Um, the zoning district 21 Mohawk Trail is in the general is in the central commercial CC zoning district. The above

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reference parcel is located within the central commercial zoning district. Property surrounding the parcel are also within the central zoning district use. The proposed medical clinic user uses are allowed by special permit in the CC

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zoning district. The lactation clinic expects five patients visits per week resulting in an insignificant increase in vehicular traffic. No other impacts are expected. The prosthetics clinic expects 12 patient visits per week, resulting in an insignificant increase

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in vehicular traffic. The use also includes fabrication of prosthetic and orthotic devices. For the applicant's materials, no venting is required and machinery is usually running at the sound of a vacuum cleaner. Performance standards per zoning section

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200-6.8 8 subsection C. No sound, noise, vibration, odor, or flashing except for warning devices, temporary construction or maintenance work, parades, agricultural activities, or other special circumstances shall be observable without instruments in a

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commercial district more than 200 ft from the boundaries of the originating premises or in any other district more than 40 ft from the boundaries of the originating premises. However, the board of appeals may grant a special permit to allow activities not meeting these standards in cases where

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the board determines that no objectionable conditions will thereby be created for the use of other properties. Particularly loud and/or disruptive noises shall be avoided between the hours of 10 p.m. and 7 a.m. For zoning

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code section 200- 6.8 8 subsection C. All materials, supplies, and equipment shall be stored in accordance with the fire prevention standards of the National Fire Protection Association and shall be screened from view from public ways or budding properties.

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>> Um, the applicant has been provided with these performance standards, dimensions, parking and lighting. There are no proposed changes to the exterior of the building or to the site. We then have a memo um to the board from the Department of Public Works. This is dated April

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29th, 2026 and they have no comment or issues with the proposed project. Um we also have a letter from Alex Fulley, captain the fire department um in reference to the lactation clinic. Uh the fire department has the following

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comments regarding the special permit application above. If the above constitutes a change of use and/or occupancy under the building code, all applicable sections of 5.7 CMR 1-0 will apply.

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Alex also had comments in regards to u max mobility and they said they have the following comments and conditions regard questions regarding the special permit application. If the above constitutes a change of use and or occupancy under the building code, all applicable sections

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of 527 CMR1-00 will apply. Will the processes occurring on site be compatible with the current fire protection system devices? I.e. will fumes or dust activate detectors in the alarm system?

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Will the processes generate combustible dust? If so, app uh applicable sections of chapter 40 dust explosion and fire prevention may apply. What flammable materials will be used and in what quantities? Applicable

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sections of chapter 60 hazardous material. Chapter 66 flammable and combustible liquids. Chapter 67 flammable solids including permits may apply. If convection oven is an industrial oven, total input exceeding

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150,000 BTUs per hour, chapter 51 industrial ovens, including NFPA86, would apply and a permit would be required. Um there's also a memo um dated April 29th um from the DPW regarding max mobility and they had no comment or

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issues and that concludes all of the departments. >> Right. I got this from Stephanie after left field office. I'd like you to read that into the record. Stephanie, you're on. Do you want to say something or you want me to read your letter into

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the record? >> Yes, I'd like you to read the email for the record. Thank you. >> Stephanie Dlo, 166 Chapman Street. >> I met a butter to commercial district. Thank you. >> Thank you so much. >> Uh good evening, David. I am not a legal

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abuter to the proposed change of use of the office/ retail spaces to medical facility uses located at 21 Mohawk trail in the CC district. I am however a legal a butter to the central commercial district by which boundary is extended

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into the RA district by use of an illegal non-conforming parking area and paved right away publicly used. My concerns to is my concern to is the extension of medical facilities through use of construction into our commercial

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a central commercial district. Increased traffic vehic vehicular and pedestrian demands on parking accessibility and neighborhood impact. We have a designated hospital district yet we continue to allow the expansion of use into commercial space. Is the use

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another non-t taxable entity? How will it affect the tax revenues of the city as it abuts a state and city highway 2A and 91 rotary? And with new construction slated for the bike lane and parallel parking CBDG grant from Mass D, excuse

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me, Mass D, how will it impact the pending and development? If we continue to expand medical/clinical uses into our downtown central commercial district, have we abandoned any hope to bring commercial revenue gained by downtown retail/commercial businesses? Are we

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setting a precedent by continuing to allow medical uses into our central commercial district as an abuter to the district? When I purchased my home, I purchased it abuing a retail district which increased the value of my home. Now I abut a primarily medical and

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lowincome or low threshold housing and non-conforming nuisance that surround my property. All changes of use. The stacked impacts have capped my potential gains in equity and value. A single family home abudding a vibrant downtown with a half mile of public transit that

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hopes to expand to a northern tier rail. My home could have been quite valuable. Now I list surrounded by homeless shelters, medical uses, no threshold housing, pots, factory dispensaries, warming shelters with high public safety response and substantial

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increase in foot traffic surrounding my home. Please consider all factors when determining determine the expansion of medical uses into our central commercial district. Thank you. Anything >> else?

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Are you a nonprofit or forprofit? or >> Okay. Anything else you want to say? >> Uh well, I I can respond to some of those questions especially raised by the fire department. Um if that's >> that'll be helpful. >> Um so, um first of all,

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>> uh I do not. No. Uh so, first of all, um we're talking about alarming. So, um we have a hardwired alarm system for fire and smoke. um that does not respond to dust. However, we have local alarming for uh VOCC uh dust of uh you know

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various levels um uh and vapors. So we will be monitoring air quality and lining internally. We're also filtering uh and purifying air within our fabrication space. Um so will the processes generate combustible dust? So

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uh the main process that we're talking about fabricating is a laminate material which is non-combustible even when ground uh to dust. So it is basalt based rather than carbon fiber which is used generally in bossics. Basalt is much

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kinder um to people lungs and is finally [ __ ] Uh and the uh resin material that we're using is also non-combustible and nonative. Um so when you know this composite is is built up as a dust there is not a combust combustible being risk

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for that material. Um now there are some ancillary um issues sometimes you know if we're finishing a material it can abut another material uh so composits can be next to aluminum for example and so if you're grinding and you're

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finishing it's possible it can have some you know ne negligible grinding of aluminum which is considered combustible but not in the quality we will ever see. Um same thing with plastics. Plastics are cut um using roller cutters uh in our clinic. So um we're not um you know

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probably using you know vibrating cutters to cut plastics as a general general process. Um however some finishing processes do um result in uh you know very negligible amounts of jobs being generated mostly from polyethane

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um which then was collected and purified by and monitored by monitoring system. Um modifying of existing devices is a little bit tougher because you never know what you're going to get when someone comes in needing something. Um so at that point we're left to work with

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what you know the patient has and whoever got their device. Um so there is a small potential for other materials to sleep in there as well. We're expecting less than an ounce total um per day um with that which even if that's concentrated within you know a cubic

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meter is still well below the threshold for our most violent expected. We do not expect that there's any risk for combustion from anything that would be in terms of >> that way now. >> Yeah. So we are not making any changes

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to the physical layout. >> Um so we do have flam flammable stock um as we were talking about earlier. So um barge, cement, thinner, acetone, alcohols are all considered flammable liquids. Um we do maintain them and we

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need to use them in our processes. Um according to our ABC standards, they are stored in a flammable cabinet which is there now that is compliant with OSHA in the National Fire Association standards. Um the total volume of material that

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we're expecting to have at time is under full gallons. So it depends on where we are in the cycle. Um but some of the adhesives come in one gallon containers. Most of the materials that we use are household levels, right? So you know think of like a you know container of super glue or uh something like that

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which um does not fall outside of expectations in residential. And then there's a question about the oven. The oven is well below that threshold except 10 kow which it's an electric oven but it equates to about 30,000 BTUs which doesn't even approach

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the 15,000 BTU. space too. >> Does that sprinkle? >> It is not. Okay. >> How many people at a time will be in their work? >> This is all about your health.

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Any other questions? That'll close. Uh so I what we're going to do uh is uh we have one more matter and we'll go and talk about the first

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couple but we will decide what's going to happen to condition we feel we've had adequate response to this to be able to condition this and you know we've asked for an explanation given us one but is that

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sufficient to say okay we're we've heard from them you don't need a condition doing something about this >> what do you think >> I think the responses have satisfied those inquiries >> I mean the fire department saw this application given they're asking

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questions are they asking So we have >> they didn't recommend any conditions. >> So we can condition the project on compliance if there's code exceptions. >> I'm assuming they need a good occupancy permit to keep into the space.

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>> So in the process of doing that we can so that when they get the occupancy they get the fire department to check off versus us trying to sip through that. You >> understand what he's saying? Anything

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else? All right. So, the question for the board is, do we want to deal with the next matter now before we take a break or do we want to take a break? I think I'd like break. Okay. >> Yeah. >> Thank you. >> Thank you. >> For those who are here for the last um

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set of applications, we're going to take a five minute break. That's me. >> Thank you. >> Yeah. Thank you. >> Oh, look what you got yourself into. >> As much as I try to stay organized,

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somehow things always run >> becoming a sea. There's a lot. >> I think as long as I keep my favorite, >> right? >> Yeah. I think Yeah, it's not

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Yeah. looking like a long time. Yeah. consider all the down street like a long night

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usually says you know we're gonna No thanks Oh, you're like me. You willingly let yourself into this. >> Yeah, I know. >> that that hotel property. I thought I

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knew where it was, but I don't know. >> You know where it is? It's right after 99 on the same side of the street. It's not the one in back. across from the entrance. >> So, it's this guy here.

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>> Yeah. >> Yeah. Yeah. >> Well, I was just wondering if >> Oh, really? >> Well, the window might help just to get some air moving. >> Yeah. Yeah. >> A good point. You probably are complet

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Well, I thought first it would work, but >> live A lot of people dancing. Everybody here speaking please. Right. So, we have um

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we have single applicant matters before us. Uh for purposes of just getting started, I'm going to have them both read all three into the record and I'll let the applicant explain uh what is detention. So,

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>> okay. So, application for 37 Butternut LLC for property located at 37 Butternut Street, Professor Map R6, lot 28A, which is located in the planned indep zoning district for special permit pursuant to sections 200-6.1

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and 200-7.4 of the zoning ordinance in order to allow for the extension of the pre-existing non-conforming use of earth removal with blasting. Um, second application is application 37 Butternut LLC for property located at 37 Butternut

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Street, assessor's map RO6, lot 28A, who's located in the rural residential zoning district RC are special per pursuant to sections 200-47.4 and 200-8.3 of this zoning ordinance in order to allow for earth removal. The

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final application is for application of 33 butter. Is that supposed to be 37? Is that a typo? Or is it 33 Butternut? >> 33. >> That's another another. >> Okay. For 33 Butternut LLC for property located at 33 Butternut Street, Assessor's Map RO5, lot 228I,

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which is located in the planned industrial PI zoning district or special permit pursuant to sections 200-42 and 200-8.3 of the zoning ordinance in order to allow for the storage and sale of fuel.

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And second are Eric, Mark Maloney, >> Debbie Jones, >> Davidson, the applicant here. >> What do you have to tell? So in regards to G39 College Highway,

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the applicant for 37 butter for both the PI and RC zone area uh zoning area. I'd like to ask the board if they respectfully withdraw application without prejudice for both the PI and

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the RC zone that we applied for a special uh another individual I have a letter to the board or such and that's anything else and what would you like to

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do with this story >> the fuel charge. Yes. So, uh 33. I'd like to continue that to your next ZBA hearing which is uh >> June 14th June 11th. >> June 11th.

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>> So, and you'll wave any uh right with respect to time, right? If we we're we're containing it on your request any timeline you know. >> Correct. I just we need to get a little bit more data with the fuel storage um

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because of the complexity with state and local regulations that we're working through. So for everybody here uh so as you as you I assume I assume you're here for this uh

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an application was made as you know and one application was made for the um industrial zone property piece the part of the property to be allowed to continue uh what it's doing under uh as a grandfather use and a request for a

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special permit for blasting And then there's another request for the northern section of the property which is in the residential zone which does allow special permitting for uh removal for the same um same benefits and I know a

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map was plan was filed showing a large area the north end that the applicant was asking for consideration and then a continuing of what's going on in the industrial district. The third application is to store uh fuel uh by

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the shed that's there walked in. Um and that is being asked to be continued. So what's happened is that um the application was reviewed by the um conservation commission and a request was made uh at the last meeting to uh

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have the applicant under this application come before the concom uh and profile a notice of intent to give the concom uh the especially the wetland issues that might be affected or impacted by

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this application. And um as a result of that, our board stood ready to continue this anyway because I would like to kind of come to weigh in for our our for our perspective and I think for your perspective so you all understand just what's really going on out there. Uh but

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instead the applicant has asked us now I I'm guessing that u but asking us to uh allow him to withdraw the whole thing. So he's taking it away. So now we don't have jurisdiction over it. Uh at this stage of a proceeding, the applicant can't just withdraw the application. You

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have to ask for our petition. So uh I'm sensing that the applicant will probably come back with another plan. So you'll all know and be notified of of that when it happens. and you'll be welcome to come when this when we get through the

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sequences that we need to get through so that we can make a good decision and you could speak clearly and intelligently about what your concerns are. So, uh that's that's what we're going to do. So, the board is going to make three motions. Two will be to allow the

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withdrawal and the third will be for continuence. Um I I don't know how you feel if you feel frustrated. that you're here and and nothing's happening. I can appreciate that. But on the other hand, by being here, you're indicating to the applicant

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that you're deeply involved in what's happening. And while I'd like to hear what many of you have to say, I feel like since the application's going to be withdrawn, it's there's there's no real direct relevance to what you're going to say except generally your feelings about what you guys already applied for. And

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since that's not on the table, I don't know if I'm interest not interested. I don't know if it's proper for me to just have you speak because you feel like the best. So I'm going to take Go ahead. You have questions. I have a question. Go ahead. >> The continuence that's in the same

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>> the continuence is for the heating uh the storage of fuel which is actually on a separate if if you if any of you have been there, there's a there's a shed as you first drive in on the Butternut. And that shed is used there's fuel storage tanks that are there and they they're

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asking for a special permit. >> He is actually asking to draw permits for blasting. >> Yeah. Not the the application for blasting which I'm sure is the big one that's being withdrawn without prejudice which means that they he come back and

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have another application asking for the same thing. I'm sensing that it won't be the exact same thing because we're learning from this experience. So, but yes, that's the blasting case and the uh >> removal >> and yeah, the earth removal, >> right? So that means they have to go all the way back to the drawing board, file

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an application, >> they can go before the concom with a notice of intent because that doesn't require a special permit application. But coming back again for a special permit will require another uh application with a map with an intent

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with a request for what they the uses that they want and there'll be publication there'll be notice publication in the paper again and there'll be not there'll be a direct notice to people who are who who require notice under the special permit statute. I suspect you won't let everybody know

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if you're not technically involved in that but that so you will hear again. This is not like we're running out of dealing without being reic. I'm gonna take the front at my discretion. I'm not going to allow

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everybody to speak. That's good. All right. So can I um does anybody have any questions of the applicant? >> Just by the way, it's not just from the story. It's story of sale of fuel. Okay.

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Can I hear a motion uh the motion would be applicant for the application and then read the read the notice. >> So I make a motion to allow the the application of 37 Butternut LLC for

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profit with 37ut Street. Offensive map RO6 lot 28 is located in the planned industry PI zoning district for special permit pursuant to sections 200-6.1 and 200-7.4

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of the zoning ordinance in order to allow the extension of three existing non-conforming allowed to be to withdraw their application without a second. >> Any discussion? All in favor, may I

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please please say I. >> I. >> I. >> Any opposed? Any abstensions? Let the record show unanimous. Okay. Now go to the next application. >> I make a motion for application of 37 Butternut LLC for property located at 37

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Butternut Street. Stressor's map, which is located at the rural residential zoning district RC for special permit pursuit sections 200-4.2, 200-7.4. 4 and 200-8.3 of the zoning ordinance in order will allow for earth removal to allow the

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applicant to withdraw without prejudice. >> There second. Any discussion? All in favor say I. I. Any oppose? Let the record show was unanimous. >> And uh the next application will be for

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continuous. >> It'll be continuous to our next meeting. >> All right. Okay. >> Okay. So, I'd like to make a motion um for the application of 33 Butternut LLC for property located at 33 Butternut Street, assessor's map R05, lot 28I,

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which is located in the planned industrial PI zoning district for special permit pursuant to sections 200-4.12 and 200-8.3 of the zoning ordinance in order to allow for the storage of sale and fuel to be continued until our next

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meeting, which is June 11th. 2026 >> 2026 >> and there a second. >> Any discussion? All in favor say I. >> I. Any opposed? Let the record show. Any abstensions? Let the record show unanimous.

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>> Thank you. Hey, you made your presence. Yeah. >> Insight. Way to clear. Yeah. Way to clear a room. >> I was like, what? They don't want to hear us talk.

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>> What they don't know is we give out treats at the end of the meeting. >> That was as good a turnout as we had for the cell tower. else we're not we're not out of it yet. >> But you know just the

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the process is finding it's it's working its way through the system like that's >> does that mean that the won't actually consider? >> No they won't. No. Well, no. But the congregation pensioners, we don't have

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they have to decide what they're going to do. If they want to know how far they can go and what they what they want to ask for blasting, then they have to go for they have to file a notice in let's talk get an opinion. If that opinion

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guess is terrible, maybe there'll be no application. >> Yeah. Uh but if it but whatever the opinion is then the application can refer to the compound decision >> and we will have that information >> yeah there's a lot of unanswered questions on that one.

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All right, let's begin with >> just go a little further down the hallway just uh Okay, let's go to the uh step permit at 21 road. Can I hear a motion,

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please? I just want to make sure I understood. It's Debbiey's question point which is the concerns that that have been raised by the the different departments will be addressed when the before a occupancy

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permit is issued by the fire department by those uh various boards that have a say that is that I >> that's my understanding. >> Okay. So we don't have to go in and say you

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know must conform with fire rate so and so. >> No but what we what we traditionally do is we make it conditioned upon all the suggest all the requests by all the different departments that have become so part of the record. >> Right. >> I think there's a chicken and egg here.

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I mean I guess if they were they wouldn't have as plans ready to go until they get their special permit. So, the fire department doesn't know exactly what they're doing, but the fire department can say, you're not going to go any further unless, you know, you might be granted a

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zoning permit, but as long as the zoning uh as a ZBA ties in our our conditions, then you can't go any further unless you meet those conditions. Okay. So, it's really incumbent upon us to to have the uh the per the permit

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uh have those conditions built in, >> right? But we can do a a single gen generic thing rather than listing all the specific. >> In in my humble opinion, it's better to if you think something specific should be in there, you could say including

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this very specific white, but I think broader is better because then it encompasses every like a sentence that says everything that this planning office ever saw in relation to this permit will will grab everything versus something very specific. But again if you want to pay attention to something

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specific any of you please but that that's so including would be this would be where would you be right so I need a motion I need I make a motion that we approve the application of David Canella property

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located at 21 road assessments map 44 lot 2 which is located in the general commercial PC C zoning district for special permit to sections 200-6.5E and 200-8.3 of the zoning orders in

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order to allow for reduction of three parking spaces from the required number. Second uh subject from the following condition. >> All right. So >> All right. So, we want to make sure um

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they you guys presented a plan this evening that you believe addresses the the fire captain's concern about >> Yeah. >> Has this plan been submitted to Ella? >> Yes. >> You have copies of this plan that's

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>> This is no different than the site plan that was submitted. It's just the floor plan that's changed. >> What about the number of spaces? You said it went up one space. >> I I think that I don't know exactly but when we challenge today we need one additional space.

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>> All right. But let's go. So that one additional space that you counted is it on this plan is is is the miscount something that would also happen the plan that we got submitted or did you change the plan and therefore you that added the >> I think there's a miscount on the plan

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that was submitted. That's what I >> So what was presented this evening is the same plan. We need to reference the plan. you you're showing. So if you sent us this is the plan we're approving and it's different than what we submitted then we need that we need you to send that plan in. >> We will send it I'll check it forward

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condition. >> I think it's important Mr. Chair um are there any changes in the dry bile or any potential changes in the dry bile between the site plan submitted and this >> okay thank you that's actually a good

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point. The fire has before building permits released, fire has to absolutely >> approve. So they can hold it up. You could sub to a building permit. >> Thank you. Okay. So we're we're looking they're

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asking uh my understanding but again I is that it already exists as a less than 100% building. the two spa two less spaces than we would have required today if they were just rehabilitating the place the way it is.

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>> Correct. >> So they're asking so they're changing it by one space. >> Right. So do we um >> so do do you feel like do we all feel like the requirements of the of those standards that Ella gave us have been uh

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provided? You think that this measures up it it should be allow based on requirements that are in >> so I'd like to refer to memo and that she's doing this one

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um you all one more thing they indicated that they're doing full renovations so you can't go that becomes part of the implementation of whatever else is happening

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with your special permit. >> Well, I think the special permit is only us letting them design it. It's it's very narrow. Us letting them design it with less than the allowable parking spaces. >> That's the fire part of it is not anything internal. It's the fire

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department being able to get around fire like in terms of ADA. Yeah. They're modifying. >> I mean, yeah, put the inside of the fire, but in the process of the renovation, they're taking on the exterior. That's part of getting into the building. Yes. Applying.

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>> Yes. >> But that's not what's in front of us. That's not something that we >> But I mean, there's two spaces in front that have >> Yeah. We Yes. By by accepting by accepting by allowing the parking spaces, we will be in effect accepting

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that design. That's what you're saying. Yes, that is right. >> Yeah. that design has the radiation space. >> Should we add a condition that um any plan any plan um

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and any plans implemented to address over parking when at full capacity must stay on the same side of the street. So basically they could never go the permits pursuant that they don't tell their employees, oh just over big

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white it's fine. Nobody will know. >> I don't know. I don't know if that's enforceable. I would rather say that and again I don't this is enforceable but to to solve your problem that the the employee to say it in a the employees will suffer

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first not the Yes. So if if there aren't enough parking spaces because they feel like they're 100% and the employee will have to figure out parking or getting to the site rather than the parking lot. I don't know how we can enforce it. I don't know how it

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would ever come up, but you don't like that. >> I'm not sure how staff could enforce that because that it it feels like there's no material activity that you could observe. You'd have to like ask man. You'd have to ask

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>> somebody have to complain because part of the park was >> correct. So I guess my intent here is to, you know, we've asked questions, they've addressed those concerns. How do we turn those questions and answers into

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conditions? If they're not enforcable and there's really no way for us to do it, do we have any conditions? Well, I I I figured we'd get to this point of discussion. Um, you know, the reason we say that every one of these is

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is individualistic and not precedent setting is because every one of these brings its own set of peculiar facts. So, I I personally am motivated by the fact that it already is two spaces down and it's been out there that way for a

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long time. And I it's it's not like somebody from the city upon reviewing this suddenly got perked up to say, you know, now that I have you in the room, let's solve this two parking space problem. You know what I mean? So, I'm I'm sensing that this is a it's only

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three spaces. It's a business decision by them. Um, you know, it's not it wouldn't look good for them for Marriott to encourage people to park in the big Y parking lot. I wouldn't go there again. uh if there isn't enough parking space then they'll have to internally deal with it by asking employees to Uber but

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I think what Ellis said and >> so >> I think it's out I it's a it's something I want to bring up just that but I think we the conditions you know are really uh nothing >> right as I say I mean we have no >> the complies with the plan and we we

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incorporate Ellen's memo to the degree and the f all the memos that we received to the extent that they're relevant to the per Okay. But there are no condition. >> Is that fair to say? Yeah. Yeah. >> None.

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>> So it's like a generic the conditions will be your memo. Any other uh notice of you any other information like the fire department all that is cross referenced into the decision. Yep. And

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>> I can edit it for you, but that's so it's subject to five conditions. One, subject to the relevant portions of your memo. Two, subject to the relevant portion of the fire chief's memo. You know, anything that's been submitted that is

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all right. So, uh those are the two conditions. Uh and the plan has to be according to this plan. We're we're okay. Here, so here's the deal. We're relying this is the plan. that's in the record for the special permit.

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So you if you I'm hoping that so that's that's where we're lying on. So if you think it's a miscount and that's still correct, I'm okay with that. It's we said three rather than two. So we're solving the problem. But if you submit a different plan, you're going to have to come back with that and amend it. Okay.

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So if you feel comfortable. All right. So then we're going to rely on this plan and all the other plans that he brought in. All right. So um everybody feel like they understand the motion. All right. So all in favor of this motion say I. I.

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>> Any opposed? Any extensions? Let the record fill. It will be. Thank you very much. Thank you. Not >> Yeah. No. Sorry. My whole career spend. It's good to have hotel space. More hotel space. Great.

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Um, okay. The next wrap. >> Do one more time. that go one at a time. >> Yeah. Um, I would like to make a motion to approve the application of nine services LLC for property located at 21 Mohawk

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Trail, unit 18, assessment map 49, lot 26, which is located in the general in the central commercial zoning district for special permit pursuant to sections 200-4.7 and 200-8.3 of the zoning ordinance in order to

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allow for lactation clinic for nursing parents. parents >> with the following conditions. >> Um, okay. >> Um, we should probably start with um hours

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and days of operation. Yes. What do you suggest? >> Um, I had I had written down operations between 8 and 6:00 p.m. Um, I don't think given the nature of the business that it would be that there's any need

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to limit it on a Sunday or Saturday. That could be up to the person running the credit. >> I think she said from 7 to 6 p.m. >> They did that for max mobility with 7 to 6. She didn't actually stay out. She said regular. Um

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>> Lori said regular business hours. Max said to 6 p.m. >> He doesn't have >> all right. So seven days a week. Is that right? >> Yeah. Just make sure seven days a week.

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I mean, I would assume she might not want to work Saturdays and Sundays, but I wanted the flexibility because you would have to come back to ask, "Hey, can I open up on a Saturday morning?" >> I don't see any problem with it. >> So, uh, so the hours would be so be a week from normal business hours.

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>> Yeah. I I just wrote 8 to 6 p.m., but >> Okay. And a lot of the other businesses will be closed in the in that standard. So, okay. >> Do we have to limit it to six o'clock? We don't. I just came up. I made them up. >> Sounds a little arbitrary to me. I mean,

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there's like a UPS store right next to it that I would think is open a little bit. It just doesn't I would think that it's possible that there could be people who want to come in at 7 after dinner, particularly with like the lactation counseling or whatnot. And I just can't imagine that it's so high volume that we have to have like a you have to be

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closed at six or why couldn't we go with eight and just have a little bit of evening flexibility? >> 88. Yeah, I was just gonna say there might be an occasional like I'm gonna have a support group and so like you know few families that come and it's going to be after hours because they're working

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families and so if if I were confined I would be able to offer that service and that would be like a free like come have a gathering. >> So Martin you come up with I I don't think I think what you're hearing from the board is there's not really we don't have a problem. It's a it's a special

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permit. Much of our duties are to do these kinds of things where we put in days of week and hours and and and so >> you know and we're willing to give you a broad I think what Mark's saying is we're willing to give you broad ranges. So why don't you

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>> more than you're asking for? >> Yeah. >> So why don't you submit? >> I think the 8 a.m. to 8:00 p.m. is is great. >> Is is 8:00? But it's it's two businesses within the same place. I know we're trying to treat them separately, but is there also just a reality that the

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conditions make sense to be the same across the board? >> I would say 78. I would say 7 in the morning till 8 at night. >> Each one is >> then I would say 7 in the morning till 8 at night twice. >> You only say once. So which one? How do you feel about this one? >> I would say 7 in the morning till 8 at

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night. >> Okay. Thank you. Uh I don't think there's anything else at this year. >> Yes. So we'll incorporate the application the

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representations in the application and incorporate the conditions uh again related to this particular property this use and then we'll rate uh the

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other the fire department uh special because yours has concerns about that you'll comply with your yours is intense but you will comply with any of the require 75 doesn't make any sense

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as modifications that they're making to her office. No changes of ventilation. >> No modifications. >> Well, I mean modification. >> Why is that? >> Uh I mean they're not making

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modifications to the shape of it. I mean, all right. I think I don't want to trap you in that you can't make any modifications, but it sounds like the representation is the only material alterations or changes to the premise. >> I'm only saying that because the issues Yeah. whatever else.

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>> Oh, I see. Because we're we're we're allowing it based on the floor plan. Okay, fair enough. So, it's based on the floor plan that we submit. >> Yes, the floor plan and site. Wait a second. This >> Yeah, we're going to vote on this one

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first. Does anyone have any other conditions they would like to discuss? No. Um, so I'd like to just for purpose, I'd like to address what Stephanie said

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because it's it relates to both. And I think there's a distinction between uh the hospital coming to downtown as a big nonprofit taking over spaces to use for medical facilities or medical use. And I

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know that the the the re one of the reasons for having a special permit in the downtown is just so that that that wouldn't happen. And so it's a case byase situation. So I appreciate Stephanie's concerns about that. I appreciate generally the

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public's concerns about that. Um, but I don't see that here. I see this as uh two businesses that happen to be in the medical field that are coming in and asking for permission to to for use. That's consistent with the general commercial central commercial and

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because it's medical is not to me the focus of my decision. Uh, so but but you have to go through you have to apply for a special permit so we could make this determin. Yes, that's my >> and she did raise the issue of setting

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precedent and I believe we put a nail clinic in right across the street nail clinic right across the street from this. Again, there are no press. >> Someone could use what we So, if we allowed

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seven things of the same kind to happen and then we didn't allow the eighth. It wouldn't be that we set precedent, that would be the ar the argument would be that we're being arbitrary to this one because this one is similar to the seven that we did. So, there can't

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really be a reason why we didn't allow this one over this one. But if we're careful and thoughtful as we are and we mention in each of our decisions why this decision works under these circumstances, then the fact that we've allowed this one and the one across the street does

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not mean that the next one that comes in we won't look at differently and say that no or we condition it differently. So it's there's nothing >> no press. >> No press. >> That's not the word to use there. Like I say, you can use you can use it in the

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context I just used, but there's not it's not a target, >> right? We they could they could say we've got a pattern that we're following perhaps. >> Well, it's evidence of being arbitrary. That's what it's evidence of, but it's not necessarily we don't have to do it

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because we did it and we can do it without worrying whether we have to do it again. But keep asking that. So, are we all set? We have um so hearing nothing else. Nothing further. All in favor of allowing a

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permit with the conditions as as raised say I. >> Any oppose? Let the record show unanimous. Next I'm making a lot of motions today. All right. So, I would like to make a motion to

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approve the application of max mobility for property located at 21 Mohawk Trail Assesses Map 49, lot 26, which is located in the central commercial CC zoning district for special permit pursuant to sections 200-4.7

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and 200-8.3 of the zoning ordinance in order to allow for a prosthetic and orthotic clinic for people with disabilities with subject to the following conditions. >> All right, let's talk about this.

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Again, I don't have any problems with the medical piece of it. I do have a little bit I just need to flesh out that machines are being used here space rather than manufacturing space. But um anybody else have any concerns?

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>> Um actually I do not. And just as a arbitrary thing, I actually watched the like how it's made type video on these being manufactured. Not not I would like to say it's because of this. It's just some things that are not. I I can't own that. Um so I have

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some concept of what they're doing and you know as I said he's this is not a large manufacturing process. they are making one unique thing at a time and they're not going to be running consist you know running a lot and the machines even in the video were not very loud.

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>> So >> are there any conditions that you might have told us? >> Yes. Well I I got the hours of operation to be the seven to six Monday where did you we doing seven to eight? I asked for

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seven and that's what I think. I mean I don't expect to be open all the time during those hours but it may be the case that I need to use the space after you know patients have left.

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So I would appreciate any other conditions. Is that the same thing? >> What? Well, Max being in the building doing work is a little different than like accessing the building is a little different than a patient coming into the building. Like I I does do we have

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>> I wouldn't split the hairs that fine. I >> mean, you're saying like could he come in at 2 o'clock in the morning and do his work? Just what's the difference? >> Well, I guess I'm saying he could be there at 8:30 at night and what's the difference? I don't know about 2 in the morning, but I just >> Well, I think our jurisdiction is is to

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protect others. So we're not protecting him by limiting him. We're protecting others. So how so maybe there's nobody to detect because the the clients I mean the clients come and say I need this work they leave and then you do the work and then they come

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back and you fit them right. >> It depends on exactly what you're doing. If you're talking about fabrication that's the case. We're talking about modification to existing devices. Sometimes that's kind of but you don't have like a waiting room of people waiting to come in. I I don't you know unless unless there's some

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other municipal concern like the police might be worried that somebody's there at big level warning. I don't I I don't have I don't just it just kind of struck my thinking of like oh wait a minute I didn't know we were discussing whether or not these folks could be in the building I thought

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we were talking about operation >> hours of operation 7 to 8 time he goes home his business that's >> yeah so I I would ask for seven to eight again >> yeah okay >> so we've got that and I guess my other

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condition would be that um that the machines um make no more noise than is represented by this >> submittal today. Okay. >> And if we find that they do exceed this than the per permits of it. >> So uh I would comment on that but that

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is the best I can do right now that it's not in operations every day. So it is possible that there might be peaks of that. I I can't I can't test that without the open >> and I was an accurate representation of

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what I can do right now. That's not >> right. And and I appreciate your transparency on this, you know, on how you obtain this information. >> But we need some place to start and I think this is a good one. If you're making so much noise that you would be these numbers would not even be close. I think if you make that much more noise

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that somebody's going to complain and then I I I get the impression if somebody did say something to you, hey that's pretty loud, you would come up with a solution and we would not have to address it against >> and it is something that they can

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enforce if if need be. Okay. In I asked her in here there's a list of equipment that's going to be used oven compressor impact tools vacuum pumps grinder. When I ask the

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question all of this stuff is self-contained in them. There's going to be no no modifications to the the ventilation system going to the exterior. >> Correct. So you want that in as Okay. But if if if there if there will need to

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be a modification to get digital valation modified that that any point in your future be indicating what increase the business because you know that's where that's where the noise would occur if you have a fan system sticking through the

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neighbors will use that versus having your stuff in the room you know that that's going on. So why don't we make sure that we condition this permit on what's been proposed? >> So you're allowed to do this as long as you follow all the things that you

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proposed in both your application and your and your testimony tonight. >> The only reason I would need to do external venting is that that was somehow required by >> it's not required. >> Right. So with Peter saying that if somebody walked in and said you had to

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do that, that would violate the special code. >> So you'd have to come back and ask permission, you'd say you might be stuck between rock and hard place, but you'd have to come back for permission. I haven't talked with the building inspector at this point about this project at all. Uh I did go over and

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speak with building department. They did not have concerns if I checked with the third building. >> I've also submitted all the plans to the building inspector and any further what I'm saying is that based on what

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you're putting in there, the existing mechanical systems are sufficient to run this. If it isn't, then we have to come back for a special firm to put in a new exhaust fan or some ventilation because there is again looking at this probably

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right across the street. >> Yeah. Yeah. No, I think it's good. That's a good point that the reason we're saying yes is because it's >> okay. Oh, very good. Thank you. >> Anything else? >> Do we said seven days a week as of when

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you're saying the first one? So this one speaks about being open to patients three days a week. >> Yeah. But we can we can he max he can do whatever you know if we get whatever we give him he can work within the time. >> Well I guess I'm kind of wondering if we're saying that it has to be according

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to this plan could we make note of the three days a week and just say it can be open any seven days. >> Yes. >> I just I just want not be so stuck to this that he's logged into >> No, that's good. That's good. Thank you. >> Um I apologize. I was reading while

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Peter sent his piece about this. So can you just sum up so I can make a little note? >> Well based on this what he put that will be there's no need to provide any modifications with the HDC that's all the stuff will be in the room. There's

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no need to do anything with mechanical systems conditioning changes changes that's all been approved by the town. If they were to need something, they would have had to come back, especially from the four modifications that I just

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No, I'm glad you're doing >> Yeah. No, no, no. I No, I appreciate it. I just I >> I wouldn't catch enough of it to write figure out how I was going to write this. >> He just doesn't want to repeat of the of the noise situation that we had out >> on which is an excellent take. Thank you

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very much. >> You're done. Shame on us on that one. You're not going to be blasting. >> That's just >> But you're all set. You're all set. >> Yes. >> Anything else?

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>> You got all that or >> Okay. Hear nothing else. All in favor of the motion with the conditions that we discussed, please say I. >> I. Any opposed? Any extensions? The record show is unanimous. All in favor say I. >> I

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record very unanimous. That is