That's it for today. So if you want to stick around, we'll do a little Q&A until I like questions the best of my abilities. And we'll get out of here. So let's get into it. Hey, mad cow. And house of the rising funk. It doesn't matter if that cuts rates, if banks keep tightening lending, sure. If you can get a reputable bank to actually lend to you with, and of course these rates these days for, I mean, if you're looking at small business loans, not as bad, but geez, the house loans are ridiculously high. I don't know why anybody would buy a house right now unless they, under the assumption that, you know, in a couple of years they can refinance and get a lower rate, which probably, probably could actually. Keith says, I've been staking ATEM for years. I love the SDK of most of the devs that co-mingled with Juno, totally rug pulled. I hadn't known that. Millions of the grants program always just gave millions of lazy devs. This is the thing, man. You know, you look at these things and they sound awesome. And then you get into the weeds of it, not so great. That's the thing with every technology. Like, I mean, that when we just took a look at Bitcoin lightning, you know, people, you know, will say, Bitcoin's the future. It's the future. You know, as far as like, for payments, well, lightning, lightning, lightning. And then we see the issue over there. Nothing's perfect. But yeah, we'll see. I have paused on buys and titties on a Coinbase. Sounds good, Yisk. Do that, whatever works for you. I always say. Mmm. Rob is standing, I'll be feeling better. Yeah, I'll do a little better. Had therapy today, Kyro today, have acupuncture on Wednesday. Can't beat that. David says, how bullish are you on here? Bullish enough to buy it every day for dollar-cost averaging. So look, the largest token generation event ever was Sweatcoin. And I've talked about it a lot. Sweatcoin, it was a Web 2 app for like seven or eight years. It was the number, between number one and number five, Health and Fitness app globally. And it had millions that have over 200 million users. And all those users had, over time, acquired a lot of different, these Sweat tokens, which really didn't do too much. And for them to swing from Web 2 to Web 3, all those tokens and didn't skip a beat, now no problems, no slowdown, nothing. Instead of big thing, I wasn't even sure about it. I was like, I don't think it's gonna work. But they did it, and you hear about other chains, I'll let you decide what those chains are. The hiccups and the problems and the stuttering and stuff like that. But you don't hear too much about near. Not that near is perfect, I guarantee. If I did a deep dive into it, I could find problems with it, I'm sure. But seems to be doing pretty good. So I like it, but does that mean that you should buy it? Probably not. Because you gotta understand, who knows. Maybe tomorrow it goes to, you know, two cents, I don't know. Oh, my favorite. What's your ballpark edition? Is it worth more or higher for Bitcoin and ETH? That's a good question. So you know, I think it's gonna be between $5 and $100 million by 2025. That's for both Bitcoin and ETH. Yep, that's it. I don't give, I'm sorry. And as you know, I don't give price predictions. Price predictions are worthless.  But let's just say this. I think Bitcoin can hit its all-time high. And I don't see how it can't hit up to 80,000. You know, at some point, especially with the Bitcoin ETF, but who knows. Who knows if this ETF is all it says it's cracked up to be. I mean, I heard a lot of things about, I remember in 2017, you heard about Bitcoin futures and how that was gonna push everything to the stratosphere. And it wasn't just like me, it was everybody talking about how great it was. And you know what happened? Well, that futures by the CBOE for Bitcoin, it came in in December, I think it was the 15th and the 17th when it actually opened up. It's everybody's short of the living tar out of it. And it was the beginning of the decline of Bitcoin and the bear market commenced on that day. So just be careful what you wish for because you might just get it. Yeah, 120K seems safe, sure, I can see that. Yeah. Hey, do you have any video on how to store near on ledger before it was much easier and now something has changed? I just did a video yesterday. It's a really crappy thumbnail, I will tell you that. But if you search on my channel, Digital Asset News and then puts near swap or transferring near, it'll be the first one that comes out and I show you how to do it. I don't, you can use it in a ledger and you can use it on the browser-based wallet but I show you how to do that but my personal favorite is a tangent. These things are great, they're secure, they've been around since 2018, they have never been hacked. If you know how to do, watch this, watch this. If you know how to use an app on your phone and you know how to do this, you can send a crypto anywhere. It's pretty great. Instead of connecting your ledger to your computer turning on ledger live, putting your password, verifying, putting it through. Okay, that's it. All right, mom, there's your 20 bucks, you know.  I personally don't like ledger. I don't like using it but I mean, it's such a good cold storage device because I despise using it.  Yeah, Chris says, I'm 5% in the red today, it's not bad. Okay, you saw these green days we had recently. Yeah, that's the volatility, man. That's the volatility. Yeah, yeah, Jaffer says, I remember in 2017 we all thought Bitcoin was going on at KAC. Gentleman's been around since as long as I have. I remember 2017 we thought for sure was going, I mean, John McAfee said it was just math that was going to a million. God rest his soul. But that was the narrative. And to me it was like, well, it makes sense because once we start to mass adopt there's not too many people actually using it so I think we could actually go. But remember technology has to catch up with people that are using it and that's not what's happening so far.  It'll come down and then people will adopt it slowly. Markey, I love tangent. Yeah, me too. Is that an NFC ring? Now it's a cheap Walmart rubber ring. It's because my wedding ring, the gold one, clamped down on my finger.  So I just use these rubber ones and they're much easier to use. And they're like, and if I, you know, if someone wants to steal my ring it's only cost me six bucks to get a new one at Walmart. How was tangent credit arc? It was a great question, let's find out. So, but, but, but, but, but, but, but, but. Arculus. I have an arculus. I just don't use it. How much is the price? Geez, it's a hundred bucks. All right. Well, Androm, and if you want to use my code, you get 10% off, you don't have to. Oh, get to Androm. It's for three cards, it's 63 bucks. And then for two cards, it's under 50. So there you go. And it's never been hacked. And super easy to use. And like, it's like everything supported, not everything. Well, then the ledger does have over it right now, though, is staking. With ledger, you can stake, it's very simple. With tangent, you can, but what's called a tangent is that you can connect to one inch, which is a dex and you can trade everything on a dex using your app. That's pretty cool. And then you can use wallet connect and you can stake some, but they need a little bit better interface. Rob, you should dunk on Ben. You should dunk on Ben. Look, Ben had, Ben's still right. I mean, about just investing into Bitcoin. I mean, except for a couple of vaults, they've massively overran, but don't forget how many mistakes that I've made. So, and I know people will say, well, this is a funny thing about it. They say, well, Ben, you know, he told me that alts weren't gonna rally and take a cold shower and this and that. And that's why I didn't buy. And for me personally, I was like, that's why I didn't buy.  I did for a while and I was kind of ticked off that they kept going up. So it's just one of those things like I'm, if you're like me and you think like in 2024, we're gonna see a pretty big blow off top, then you were waiting for lower prices. I keep looking at my daily buys, which is a lot right now. And I'm looking and I'm like, golly, I'm playing that much for Bitcoin and near polka dot navel. I mean, that's a lot of money. Should be much less. I mean, compared to their all time highs, but still, like I'm still kind of ticked off about that. Ben's just fine. Yeah, right. I saw an X people session. Look, it's a funny thing about being in the public eye is that you'll never, you're never correct. So you just got to roll with it.  And then of course I'll get people on there going, you know, I took four lefts, right? Took two lefts and I was going right.  It doesn't really matter. Thank you for sharing your mission when you're sick.  I just like my throat just, I don't know what happened to it. Taking all these meds from my back and messing things up. If I measure this, oxy's can make your voice hoarse or other pain meds in my experience. No, it's the only medication I take. I take Tylenol and ibuprofenate or milligrams. So I don't really know what the heck it is. I don't know. Bikki's here. Now the bull runs on. Rob is not your dad. That's very true. I see a guy bought soul. Did he really? No, I don't think he would do that. I think he's waiting for another low. But trust me, guy's doing just fine with his five lambos. I'm just kidding, I don't know how much he's got. Darren's got a good question. Rob, do you have to mix in some DJing plays to get a portfolio to 10X in the height of the next bull run? Or could your DCA portfolio 10X with mainly soul names? Your portfolio could definitely 10X with just regular names. I don't know. I think it's gonna be Bitcoin, not this run. I think we can all agree there. But maybe, I don't think so. But yeah, for Bitcoin Ethereum, it's pretty stable for me. 75% of my portfolio is Bitcoin. But then you go down that rabbit hole. And some of the ones that I've gotten into, the bigger ones were the gaming plays. Like we talked about yesterday. I mean, alluvium and immutable X and Ronin and some other stuff. I mean, it just made sense to me why it would actually work out. And then there's another one called Playable, which they have nodes right now. And I would ask everybody to show up on Wednesday, actually not on Wednesday, Thursday. I'm gonna have Jesus from Classy Games on and that kid knows everything about what's going on. And he called it. It's been like 150, 270% of the ones that he's called. So I can see it. But to answer your questions, your question, I think that if you're so inclined like me, like I have a high risk tolerance, I'll get in some DGEN plays like I've been doing. Like I don't tell everybody exactly what I buy because I feel like then people will buy everything and try to be a little more safer. I have a second channel I should probably start posting there to have DGEN. But if you wanna be risky, you can make a lot of money. But the problem is that you gotta get in and get out but most people can't. Like they see a 10x and they're like, 10x? Well, they want 10x, can do 20x. And you go, oh, 20x. Well, we did a 20x and do a 50x. And then it doesn't do a 50x. Then it goes down to like a 10x. Like it'll rebound and they go down and then number turns. That's the problem there. And that's the problem you gotta figure out. Yeah, three lefts. Yeah, that's right, not two lefts. Probably only Casper. I don't, I don't only Casper. I know a lot of stuff, but not that. Kopi, nice. Currents, Kopi. Honey Gargle with Cinnamon Whiskey for a sore throat. I like the second part. Let's see. Ooh, Bitcoin just said 36.8, look at that. Rob, can you recommend a decent place to get some low-cap DGEN goodies? I think the first thing you gotta ask yourself is, you know, what do I find these? I'm not like the actual exchange. Like I'll show you a trick. I think we talked about this before. All about market cap, right? Because if you have a market cap of say, I don't know, $721 billion, it's kind of hard to double that because now you're at $1.4 trillion. Now you're at $70,000. Actually, that's not really how it works with Bitcoin because there is a price multiplier for the amount of finite supply of Bitcoin. That's a pretty poor example. But you kind of get the gist of it, right? It's kind of harder when you have a high market cap.  What I like to do is take a look at categories. Ooh, look at this. And you can see, first of all, pick a narrative. What's your narrative that you were really interested in and you've done a lot of research and you feel like, okay, I can get into this? Is it FTX holdings or is it layer ones, smart contracts, exchange base, NFTs, meme coins, dog theme coins? Let's take a look at dog theme. And let's take a look at over seven days. Like some, this is why I like to like, just filter these things out. Okay, I don't know what this is. Arbdojai, 24 hour volume is only 18 million, probably right for dumping. Market cap is 25 million. Wow, not too bad. And then this one, Bonk. Bonk, I think, is gonna do pretty well. You can't see it right now. But the trick with doing this little thing that we're doing right now is to take a look at it over time. So just every day or every couple of days, take a look, come over here, look at the categories and see which ones suit your fancy. Me personally, I think the three narratives are, AI, DEXes and gaming. So with those three, I think you can do a lot of damage. And you can also do a lot of damage to your bank account because you could lose a lot. So there is that. And then also follow the right people. Like if you're looking for gaming, follow the right web three gamers. That would be like Kagi and ASUSA Classic Games and Johnny Hussle and Crypto Stash, those type of guys. Avoid those rules, yeah, exactly. Rob, what's your thoughts on the ARVR token? I don't really have an opinion. I think virtual reality probably do pretty well. I just don't know what it is, what could actually be done. Just like Warren said in that video, to have an opinion on everything. Just take your strikes where they're in your strike zone. My DGM play is Pith, Pythe, whatever you wanna call it. What's your thoughts in a room? I bought some myself. I'm a big believer in oracles. I believe we have to, this off-chain data has to be pulled into the blockchain. Blockchain can't do it by itself, need an oracle. Usually what really happens is, Chainlink has been the king for quite some time. It still is. Never was really good a competitor with Pythe coming in there. Built on Solana, I can see that doing some major damage. So I got into Pythe a little bit and we'll see how it all works out. What's great about right now is that all the stuff that we're kinda buying right now, it's a big hit or miss. So let's say in 2024 or 2025 when your friends figure out, there's a bull run going on and they contact you. You've already got a lot of your bags filled. You'll never feel like you bought enough, but just remember that you did your best and just go from there and sell it at the right intervals that you think is best for you. So at that point, people are like, wow, you got Bitcoin under X amount, that's crazy. Wow, you got Pythe under a couple of cents. That's insane and so on and so forth. I'm not grasping or gasping. I'll say I'm not gasping. I'll play. What do you think? Do you hear Rob grasping? Oh yeah, ZSS, back another one to go. Real world tokenization, you know? So there was a partnership between JP Morgan and Avalanche, I believe it was. Let's see. We talked about it before, actually. Yeah, as a matter of fact. So this is another great thing about Avalanche. I own a bunch of that. I bought that back in 2020. I dumped a bunch of it, not enough though, on the last bull run, so I got a good amount of bags left over. But we're talking about real world assets to move those across the world. And JP Morgan, everybody's favorite bank, I'm sure. They just did a test flight and they used, of course, they have their own blockchain called Onyx, I think it's called. And it's a permissioned blockchain. So they wanted to use the people to know what the heck they're doing, which would be Avalanche. And they worked together to transfer real world assets. And it seemed to have worked. So you may not exactly know how everything works and what's actually real world assets are, but you take a look at it, go, well, JP Morgan's using Avalanche. And of course, there's a lot of games being built on Avalanche. And of course, that is one of the narratives that we see in the next bull run. Maybe it's a good idea to maybe get exposed a little Avalanche. Not telling you what to do, I'm just saying. Rob, what's your thoughts on Gala? I think it can do really well. I like the fact that they pivoted to mobile gaming more because I think that's where most people play games. I know the hardcore gamers are gonna disagree with me, but if you look at the stats, I'll show these stats right now, matter of fact. So let's see. Gaming, let me pull this up. And so this is in 2023. So it's then incomplete, but you can see that. Yeah, there's a lot of people that play console and downloaded box PC games, you know, but there's a huge amount that are playing just mobile games. And the biggest sector of mobile games being played are hyper-casual. So that's why I think like some of the hyper-casual games that could potentially come out in our web three based will probably do quite well. So as far as like Gala goes, I mean, I think it could do exceptionally well. I don't know what's going on with that lawsuit between the two founders, but I don't know if it's over yet, but that would probably be a problem. My dude DGEM plays Goldfinch, post connection to BlackRock token, sounds good. Where can you buy Pythe? So I messed this up yesterday or a couple of days ago and I thought it was simple swap, but simple swap was where I got Casper. And you can buy, well, I'll show you. So the first thing, if you want to look for like where to buy anything, right? PYTH, it's in the red today. Wow, it's number eight, it's pretty good. Damn, it's down 10%. Not a bad idea to pick some up. Or wait, I don't know what you want to do. But anyhow, you go here and if you go to markets, you can find all the place where it's actually gone. It's actually being traded. And there's one, Orca.  So that's why I always go to CoinGecko. Even if I know the website, I still go there. So I click on start trading and this is a DEX and it works extremely well. And what's great about this DEX, it's run on Solana and the prices, first of all, I just want you to try it. If you can try it. If you're in the United States, you can't use this.  And I know Puerto Rico's part of the Americans. I get that, but it's a territory and apparently there's some kind of like cutout rule. I don't know what to tell you. So like with Orca, the fees are 0.0000002 Solana. It's like nothing. Now go over to Uniswap and you can do layer twos. It'll be like 9 cents, 10 cents, 12 cents, which is not bad. If you layer one at three, it's like 22 bucks. And also on Cardano, it's also like, I mean, we just took a look at MinSwap. MinSwap was 0.12 ADA plus 2 ADA due to all the transactions. So that's like, well, ADA is probably 37 cents, 35 cents. That's 70 cents plus 0.12. I mean, it gets expensive over time, right? But with this one, it's very, very simple. So the answer to your question as I ramble on is you can buy Pith right here or Pyth with Solana and that's it. That's what I use, actually. Ooh, oh. I should have bought it. No one wants to hear this. All of this is grasping. Evermount Check, Quinn Grepo. Yeah. Yeah, but don't worry about me. It's just, if you've ever had a ruptured disc between L5 and S1, you'll know just how long it takes to heal and how much pain do you go through? Shoo.  Man, it's something. It consumes your whole life, that's for sure. So people ask me, why do you do videos when you're in so much pain? What's the option? I either lay on the couch, actually I can't lay on the couch.  Come on, what would you do? I don't know what Grimace is. I think it was a shake at McDonald's. And it was also, he was in the commercials but as far as like crypto, I have no idea. And Trader Joe and Soul and I think that's it. Yeah. And you can always use a VPN. And with that everybody, that's it for today. So look, like today's video, give me a thumbs up, consider subscribing. I thank you guys for stopping by. I do appreciate hanging out with me for almost an hour but that's it for today. So thanks so much and I will see you on the next one. Have a great rest of your day. Bye.


Hi everyone, Sean with jaspyscasebreaks.com here doing 2017 tops chrome monster four box break two random teams with each spot number one so Two random teams 15 spots everyone gets two random teams in here no veteran common ship But we're chasing likes of Ballinger judge Bregman Bolson and more So it's four cards per pack ten packs in a box plus two exclusive chrome X factor cards per box so Here is the list of customers in the break From Patrick Garcia the last spot mojo with the little asterisks next to his name to signify that up to guy can assure So since there's only 15 spots in here. We need to copy this list and double it up So now you've got Patrick Garcia last spot mojo once and twice And here are the teams from the Washington Nationals back up to the Arizona Diamondbacks dice roll to randomize both lists and pair them up two into two four times one two three and fourth and final time from guy down to Ria now four times on the teams one two three and fourth and final time from the Red Sox down to the Brewers So let's make this large enough for everybody to see Guy can assure with the Red Sox Aaron Pettit with the Blue Jays Matt Lieber with the Indians Patrick Garcia last spot mojo with the Nationals Barry Roberts with the Phillies Eric Jock with the Orioles Matt Lieber with the Dodgers chances Ballinger's there David Baker with the Astros chance at Bregman Aaron Pettit with the Pirates Robert Throne with the Mets Matt Lieber with the Marlins Barry Roberts with the Angels Matt Gomes with the Diamondbacks Angel Lozano with the Royals and the Rockies Guy can assure with the White Sox Aaron Pettit with the Padres Matt Gomes with the Twins Matt Lieber with the Rays Patrick Garcia last spot mojo with the Cubs Robert Throne with the Cardinals David Baker with the Mariners Matt Gomes with the Reds Rhea Mitchell with the Oakland A's chances at Olson Aaron Pettit with the Yankees chances at Judge Matt Gomes with the Braves Eric Jock with the Giants Darren McKenzie with the Tigers and the Rangers and Rhea Mitchell with the Brewers So let's go ahead and sort this alphabetically by team name Trade window, so that's the list So gives you a chance at trades guys While we're doing that since it is four boxes. We have a fresh case here since this is a Random team number one. We're gonna open up this case Figure out which four boxes There you go. Let's go like this. There's one Two Three man down So there you go, so we're gonna roll a dice Row one row two row three row four, so we're going These four boxes these four boxes these four boxes these four boxes are a pair So if it's a one, it's gonna be this if it's a two. It's here three. It's here four. It's here The rest will be for pick a random teams two three four So it doesn't look like Angels up got the Rockies and the Royals up for trade Corey you have to be in the break to trade Doesn't look like anybody else is taking offers. So last chance. Let me roll a dice real quick So here's our dice. Like I said one two three or four if it's five or six we'll reroll Good luck and It's a six So we're gonna reroll One's a five now into four So we're going with row four, which is the one closest to us I will mark the rest of these for random team Two three and four I'll just put random team on them after the break so that we know that they're all coming from the same one Cool. Good luck guys No trades it looks like so trade window closed. Let's go ahead and print and rip 2017 tops chrome baseball. Let's find some nice stuff in here guys Bellinger coming off the world series win Aaron judge Just all around superstar Alex Bregman No matter how you feel about Astros and him. He is a very good player Matt Olson It's pretty incredible too So we'll save the X Fractor packs for the end I also like this The design of this year's chrome Pretty sharp looking Like I like 2020 tops chrome Boring look Uh, no, Cory, we will not We don't have them. They're only in these boxes Since those boxes aren't in play anymore. I'm gonna turn the camera this way so we can see the table Cool. Good luck box one There you go Freshman flash Aaron judge right off the bat New York Yankees Aaron Pettit Nice Mike trout there for the Angels Barry Roberts Eric Hosmer Refractor Kansas City Royals Angel Lozano Matt Carpenter Hyper For the Cardinals Robert Throne Miguel Cabrera Refractor Detroit Tigers Darren McKenzie Michael Fulmer Future Stars Refractor also for the Tigers Darren McKenzie Luke Weaver Rookie Refractor 30th anniversary Going to the Cardinals And Robert Throne Trevor Story Refractor For the Rockies Angel Lozano Trey Mancini Rookie Baltimore Orioles Eric Jock And David Dahl Rookie Otto For the Colorado Rockies Tried to trade couldn't trade mojo angel There you go Jesse Winker Rookie Otto Cincinnati Reds Matthew Gomes That one's numbered 15 out of 99. It's a green Rookie Otto And Tyler Glass now Rookie Now on the raise, but at this point Pittsburgh Pirates Aaron Pettit Not a bad first box there. We still have the X-Factor packs Now the X-Factor packs Manny Margot Rookie X-Factor For the Padres Aaron Pettit And there you go Cody Bellinger Rookie X-Factor Going to Los Angeles Dodgers Matt Lieber Very nice Congratulations Very nice first box there Box two Cool. Good luck box number two guys Carson Fulmer Freshman Flash Rookie for the White Sox Mitch Hannigar Rookie for the Mariners Carson Fulmer Rookie Refractor for the White Sox German Marquez Rookie for the Rockies David Frey Price Hyper for the Red Sox Orlando Arcia Rookie for the Brewers Michael Fulmer Negative Refractor For the Tigers Darren McKenzie Tyler Austin Rookie for the Yankees Matt Strom Rookie for the Royals Aroldus Chapman Refractor for the Yankees Corey Seager Future Stars Refractor for the Dodgers Noah Cindergaard 30th Anniversary Refractor for the Mets Hunter Dozier for the Royals Rookie for the Kansas City Royals Joe Maurer Refractor for the Twins Joe Jimenez DJ LeMayhew David Dahl Matt Carpenter then and now Refractor for the Cardinals and Cody Bellinger For the Dodgers Got an X-Fractor and now a base going to Matt Lieber Congrats Matt No big rookies in that one Box three That kind of shows you how good that first box was Especially with the fact that we got two autos one of them being a green number to 99 Typically that's the exception not the rule itself so We'd like to see them all like that but Can't expect that all the time And uh random team number two of this is in the store now guys So if you missed your chance on this one We got another another one in store Alex Bregman There you go Houston Astros David Baker Matt Olson Rookie Refractor as well For the Oakland A's Rhea Mitchell Congrats Sander Bogart's Hyper Brandon Crawford Refractor Lucas Geolito Future Stars Refractor For the White Sox Yulieski Guriel 30th Anniversary Refractor for the Astros as well Hunter Renfrow Rookie For the Padres Young Carlos Stanton Refractor Going to the Marlins Chris Owings Purple the 299 Arizona Diamondbacks Matt Gomes You talking about DK McCabe Randy? Good names nothing crazy in there No big rookies again So one more shot Last box And all those X-Fractors do ship guys Obviously they're not veteran commons So cool last box guys good luck I mean Corey that's all on the website I don't think so You'd have to check I don't handle that So if the website allows it then yeah But I don't know I am not sure man There you go So I guess it's a no Corey sorry Hunter Renfrow Rookie Refractor for the Padres Aaron Pettit No more Mazzara Hyper Andrew Tolles Rookie Refractor Going to the Dodgers Gary Sanchez Future Stars Refractor And Aaron Judge Our first Judge Citing 30th Anniversary Refractor For the Yankees Aaron Pettit Kenley Jansen Refractor for the Dodgers Trevor Story Refractor for the Rockies Andrew Benintendi Freshman Flash Refractor Red Sox Guy Kanashira And our last X-Fractor Pax Good luck No more big rookies in there We did hit that bellinger in the very first one though So that was nice Overall nice four boxes We saw all four of the big rookies we were looking for One of them in an X-Fractor and one in a base as well So And there you go guys That was 2017 Tops Chrome Monster Four box break Two random teams each Number one Number two is in the store now Jaspiescasebreaks.com I'm Sean Thanks for hanging out And I'll see you next time


I busted five mitts in Pokemon, Scarlet, and Violet. The Nintendo Switch Joy-Cons in your room will change depending on what color Joy-Cons you are using IRL. Here are the red and blue Joy-Cons, and here are the Scarlet and Violet ones. Myth confirmed. Wild Slacking can run around in the Overworld. Myth busted. Slacking is a Pokemon that doesn't do anything at all, and its Overworld animation is just him sitting there. But, if a Zoroark disguises itself at one, it'll run away from you. You can pose your Pokemon with you like they showed off in the trailers. Busted, they all just fall asleep on you and do whatever they want in the picnic. You can't find three segmented form to Dunsparse in the Overworld in the game. Myth confirmed. This Pokemon cannot be found in the wild. Only the two segmented form can be found. You only have a 1 out of 100 chance of it being three segmented when it evolves from Dunsparse. You can't find the 1 out of 100 chance three family mousehold in the game unless you evolve it. Busted, the three family mousehold can actually be found right in a raid den. The bonus myth is if you hit that like and subscribe button, you'll bust the myth of not having any shiny Pokemon luck.


This paper presents a study that uses data mining techniques to standardise and harmonise long-term environmental parameter forecasts from multiple sources, revealing patterns of climate change and similarities between parameter trends in different marine areas. The results suggest that the Mediterranean Sea may have a unique response to climate change, while the poles are most representative of global forecasted change, and the trends are generally alarming for most oceans. This article was authored by Jan Paolo Coro, Pascuala Pogono and Anton Ellenbrook.


All right. Recording is started. The appointed hour of six PM has been reached. I welcome everyone to this meeting of the Emersoning Board of Appeals. My name is Craig Meadows at the request of Steve Judge, Chair of the Emersoning Board of Appeals who was unable to make tonight's meeting. I call this order to meeting as the acting chair. Pursuant to chapter 20 of the Acts of 2021 and extended again by chapter two of the Acts of 2023, this meeting will be conducted via remote means. Members of the public who wish to access the meeting may do so via Zoom or by telephone. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means. Additionally, the meeting recordings may be viewed via the town of the Emerson YouTube channel and ZBA webpage. Please indicate if you wish to make a comment by clicking the raised hand button when public comment is solicited. If you have joined the Zoom meeting using a telephone, please indicate you wish to make a comment by pressing star nine on your telephone. When called on, please identify yourself by stating your full name and address and put yourself back into mute when finished speaking. Residents can express their views for up to three minutes or at the discretion of the zoning board of appeals chair. If a speaker does not comply with these guidelines or exceeds their allotted time, their participation will be disconnected from the meeting. In accordance with the provisions of mass general law chapter 40A and article 10, special permit granting authority of the Amherst zoning board bylaw, this public meeting has been duly advertised and notice thereof has been posted and mailed to parties at interest. We'll begin with the roll call of the regular members of the ZBA, Craig Meadows, I am here, Phillip White. Present. Our associate ZBA members Sarah Marshall. Here. And David Sloveter. Here. Also in attendance, Rob Wachilla, Planner and ZBA staff liaison and other town staff as you see on the call. The zoning boards of appeals is a quasi judicial body that operates under the authority of chapter 40A of the general laws of the Commonwealth for the purpose of promoting health, safety, convenience and general welfare of the inhabitants of the town of Amherst. One of the most important elements of the zoning bylaw is section 10.38. Specific findings from this section must be made for all of our decisions. All hearings and meetings are open to the public and are recorded by town staff. The procedure is as follows. The petitioner presents the application to the board during the hearing after which the board will ask questions for clarification or additional information. After the board has completed his questions the board will seek public input. The public speaks with the permission of the chair. If a member of the public wishes to speak they should do so by using the raised hand function on their screen. This chair with the assistance of the staff will call upon people wishing to speak. When you are recognized, present your name and address to the board for the record. All questions and comments must be addressed to the board. The board will normally hold public hearings where information about the project and input from the public is gathered followed by public meetings for each. The public meeting portion is when the board deliberates and is generally not an opportunity for public comment. If the board feels it is enough information and time it will decide upon the application tonight. Each petition heard by the board is distinct and evaluated on his own merits and the board is not ruled by precedent. Statutorily for a special permit the board has 90 days from the close of the hearing to file a decision. For variants the board has a hundred days from the date of filing to file this decision. No decision is final until the written decision is signed by the sitting board members and is filed with the town clerk's office. Once the decision is filed with the town clerk there's a 20 day appeal period for an agreed party to contest the decision with a relevant judicial body in superior court. After the appeal period the permit must be recorded at the registry of deeds to take effect. Tonight's agenda, roll call and the minutes approval of minutes of January 17th, 2024. The public hearing ZBA FY 2024-07 gave crosses, gave underground requests for a special permit under sections 3.352.3, 5.041 and 5.042 of the zoning by-law to create an establishment consisting of a restaurant and nightclub with prerecorded entertainment. Two patio areas for outdoor dining and a total capacity of 300 occupants located at 23-25 North Pleasant Street, map 14A, partial 50, general business, zoning district and DRB and MPD overlay districts continued from 117, 2024. Public meeting then, a discussion, general public comment period, other business not anticipated within 48 hours in adjournment. The first order of business tonight is the minutes, approval of meeting minutes from January 17th, 2024. As everyone on the board have the chance to review the previous meeting minutes. I see a lot of heads shaking, yes. Are there any comments or edits that are needed for the minutes? Very good, no comments. I'm out of surprise. I would entertain a motion to approve the minutes from January 17th, 2024 with edits if needed. So moved. Is there a second? I'll second. Second. The vote requires a roll call vote. The chair votes aye. Mr. White? Aye. Mrs. Marshall? Aye. Mr. Sloveter? Aye. Next, ZBY FY 2024-07, Gabe Kraus for Gabe's underground. 23-25 North Pleasant Street. Members sitting on this panel are myself, Mr. White, Mrs. Marshall, Mr. Sloveter. Are there any disclosures? No disclosures? Then who is representing the applicant in this matter? Is this Hunter? Yes. Hello, good evening. Oh, you have the floor. I'll state my name, Andrea Hunter of Gabe's underground and Gabe Kraus. Gabe Kraus of 252 Elm Street, Westfield, Mass.  I don't know, do you want me to do an overview of the business again? Or? I believe we're all familiar, but I think just for the record, we probably should do that. Okay, all right. Basically, it is going to be a classic bar with, let me get to that page. I'll just read it off. Gabe's underground is going to be essentially a bar and grill establishment with a classic bar ambiance serving classic pub food and showcasing craft burgers. There are two main sections, each with their own bar and seating. The smaller section has a dance floor where patrons can listen and dance to DJ music or jukebox music on nights when there's no DJ. They can also order food and drinks and watch TV. At a future point in time, we may add live music. That's way down the road. The larger section will have a more relaxed atmosphere with where patrons can order food and drinks from the bar or order food and drinks from waitstaff who will see them indoors or on the patio, the patio, weather permitting. For entertainment, there will be pool tables, arcade games, TVs and a jukebox in the future. And last time we were going over, we were talking about scheduling, managing customers, last call and tightening up what it says in the plan about emergencies. Has everyone had a chance to read the the revised management plan? Okay. Do you have any questions? Anybody have any questions? I believe we addressed all the things that we talked about last time, revising and specifying how we would staff, how many we would staff, where the patrons would be led away from the business so that they'd be kept safe. Okay, we'll start with Sarah. Well, Miss, I'll let the chair decide. Okay. Mr. Sloveter had his hand up first, so. Okay, thank you. I have only one question. I read everything. It seems that you have addressed the ambiguity or the uncertainties from last time. There's just one line in here that I want to confirm under additional information in your plan. It says food and alcohol to those 21 and older will be served. Right. That implies that there could be people there who are under 21, which you said last time there would never be anyone under 21 on the premises. No, we don't want to allow anyone under 21 in there. Okay. So, all right, I just wanted to clarify that. It, that could be read when it says to those 21 and older, it could be read that there were people there under 21, but we won't serve them. So as long as you're clarifying that there won't be anyone under 21, that's fine. Thank you. That's the only question I had. Okay. Perhaps within that context, Rob, that could be stipulated that there will not be any occupants under 21 years old? Yeah, if you want to, if we get to the conditions and the board wanted to put that as a condition, we definitely could. And also one thing I wanted to ask Mr. Chair, if that's okay, I know Ms. Marshall had her hand up, but it was more about the ratio for the bouncers to patrons on slow nights. So I noticed you used one for every 42 as kind of like an example. Are you guys going to stick to that? Or do you think you're just gonna, do you think you'll change it to something else? I'm just curious of what your attentions are with the, I guess the ratio to cut and send bouncers home. We're gonna stick pretty close to that because we came up with that number based on full capacity of 300 and seven bouncers on a busy night and divided that out and we come up with about 42. So we're gonna stick pretty close to that. It's a pretty comfortable number. Ms. Marshall?  I think that's great. I observed some discrepancies in the statements about last call, but it may just be a typo in the staff's project application report because two places I noticed it was 12, 25 a.m. but in condition, possible condition 22 that I think Rob prepared it says last call was 12, 45. So just need to be sure that it's correct in the... I'll wind up, that's probably an error in my answer. So I'm gonna change the information once I review everything again tomorrow. But thank you for pointing that out. Okay. And is it clear also when the business closes? I know you're not serving after one, but then people, patrons can stay until two, is that right? And then they have to leave? It is clear. Let's see, I wanna find the page. I've just forgotten where I didn't recall. It looks like it's page two, page top of page four which says hours of operation. This is in your management plan? Yeah. Yes, yes, I see. Okay, thank you. That's fine, that's all I had. I will say that I also thought it was much clearer and much better to find with this addition for Rob. Yeah, I wanna add onto that too for the closing. I noticed in your managing patrons as they leave section you the last sentence says out by one a.m. So that's very clear. And that basically makes your attentions of closing at one very clear to us. Right. What, say that again. So there's a section on managing patrons as they leave. It's the bottom of page, middle of page six, that section. There's a second paragraph. It says during operating hours, bouncers will be monitoring the patrons as they leave to ensure they comply with mass laws regarding alcohol beverages, as well as making sure they leave in orderly manner and that all patrons leave by one a.m. So, you know, it's perfectly clear, makes a lot of sense. Well, did you have anything since you have more knowledge than any of us on? I reviewed all of this. And I think like the majority of the board, I wanna thank you guys for clearing up a lot of my kind of questions with it and putting that guess more of a fine point on the details. But yeah, I have nothing. But thank you, Mr. Chair. Okay. Well, if there are no further questions from the board members, then we'll go to public comment. Mr. Chair, we do not have anybody in our attendance. Have we got that boring? I don't think there anybody ever joined. I think it was just the applicants. Okay. Well, if we have no public comments, then we will, I'll ask the board member to provide any further thoughts and opinions on the petition before us. And if there. I'm taking no public comments as a complete vote of confidence for the excellent work that the ZBA does. I think that's well established. Or we just don't have enough drama. I don't know. That's true too. No, I'm not. Mr. Chair. Yes. My only question as far as the board would be, I am totally fine approving this, but do we want to under the conditions? But what we were just speaking about, excuse me, it's late. The condition that we were talking about, I forget what it was specifically, but. That Rob mentioned? Yeah. Oh, about, gosh, and now it's slipped my mind too. Well, there was one, it was nobody under 21 that Rob was going back. Yeah, just for the clarity. Yeah, that's what I was speaking about, yeah. We have to eventually move into Pug Me, then afterwards we have to go through the conditions and then that's usually when we'll address it. So. Okay. Well, I feel like we've gone into a public meeting asking for public comments. Unless I didn't say the words properly. So, but since we've been in public meeting, there are no public comments and there are no further comments from the board. Members, I think we can then go on to move to discussion of the conditions. And as we said before in practice, we'll vote on the conditions in block. If any conditions seem to generate a high level of disagreement, they'll be singled out and discussed and voted upon separately. So let us begin to go through the conditions. Possible conditions of approval. The project shall be built and maintained according to the approved plans and application package. Any changes shall be reviewed by the building commissioner to determine if the submission to the zoning boards of appeals is necessary. Said changes may be reviewed and or approved by the zoning board of appeals at a public meeting or if the changes are significant enough, said changes shall require a formal modification of the permit and or conditions. The approved plans include A, ZBA FY 2024-8 management plan, B, main floor plan, occupancy load and seating plan prepared by Ristram Walker Mitkaf III, dated 10-16-2023, updated 12-4-2023 and 12-12-2023. C, sign renderings for the awning and overhang signage. Excuse me, Mr. Chair. I just want to make one correction that I did in this typo. So it should be FY 2024-07 instead of 08. So I'm going to change that once I draft up the decision document and make changes to this document as well. Very good, thank you. Yeah, we've had it. It does say both numbers on there. Two, the conditions associated with Article 14, decision for J plus PJ solutions, think DBA, Hazel's Blue Lagoon and Cafe shall no longer apply to this property. Three, any live or prerecorded music entertainment defined under section 5.042 of the zoning bylaw shall be clearly accessory and incidental to the principal use. Four, sound produced by the proposed live or prerecorded music entertainment shall not generally exceed 70 DBA with the doors closed as measured at any boundary of the property on which the establishment is located. As determined by the regulations adopted pursuant to section 5.0422. Five, all exterior lighting shall be designed and arranged to be downcast and shall provide adequate lighting for the sidewalks, security and safety. All lighting not specifically required for safety purposes shall be extinguished by 2 a.m. or one hour after closing. Six, proposed signage shall not exceed the number, placement or description as detailed in the approved management plan. Any changes to the exterior signage or lighting shall be reviewed by the design review board and submitted to the zoning board of appeals at a public meeting for review and approval. Seven, the regular hours of operation shall fall within the time range detailed in the approved management plan. If the applicant wishes to change the hours of operation they must seek approval from the ZBA at a public meeting. Eight, the total occupancy shall not exceed 300 occupants at all times and shall be divided up as identified in the approved floor plans, main floor plan, occupancy load and seating plan prepared by Rister Walker Metcalfe III, dated 10, 16, 2023, updated 12, 4, 2023 and 12, 12, 2023. Nine, the number of seats, tables, spools, stools and pool tables shall not exceed what is detailed in the approved management plan and floor plans. Ten, all patrons in the outdoor patio area, dining area shall be seated for the purposes of dining. Standing patrons shall not be allowed to gather. 11, the operation of the nightclub shall be limited to the 41 boltwood walk portion of the establishment. 12, the restaurant portion of the establishment, 37 and 39 boltwood walk shall not be used as a nightclub. 13, at no time shall the inclusion of the outdoor dining patrons into the interior of the establishment create an overoccupancy of any interior posted maximum occupancy numbers. 14, all patrons and staff associated with the outdoor dining shall be included in the total occupancy of the principal use. 15, all rooms shall have maximum occupancy signs posted specific to the room. The occupancy signs shall incorporate a minimum number, minimum character height of four inches and shall be prominently displayed. 16, the applicant or applicant's contractor is responsible for all necessary permits for all aspects of construction and inspection of the restaurant nightclub. 17, the interior layout shall be designed in accordance with the site plan submitted to and approved by the zoning board of appeals. 18, all bartenders and waitstaff serving alcohol shall be tips certified. 19, all onsite security personnel and door bouncers shall be crowd manager certified. 20, all staff shall receive fire safety and energy circumstance training as part of their new hire onboarding. 21, the employees of GABE's underground shall be responsible for controlling loud and or obnoxious behavior in and around the building. 22, alcohol shall not be served after 1 a.m. and last calls shall be at 12, 25 a.m. I'll take note of that one. Thank you. Yep. 23, alcohol shall only be served to those seated outdoors for the purposes of dining and shall be served in accordance with the board of licensed commissioners regulations. Any substantial changes to the alcohol service shall be reviewed and approved by the zoning board of appeals at a public meeting. 24, the applicant shall operate in compliance with the ABCC guidelines for patio service. 25, a barrier and or other marking in accordance with the ABCC guidelines shall be enclosed, shall enclose the proposed outdoor dining areas and egress aisle of 44 inch minimum with shall be maintained between the outdoor dining tables and the chairs and the east wall of the covered portion of the alleyway. 26, electronic IDs verification equipment to be installed prior to the issuance of a certificate of occupancy and shall be used in addition to visual verification of patron identification. 27, the applicant's management personnel shall be responsible for ensuring that the exterior of the establishment is free of trash and litter by the close of business on days in which the establishment is open. Management personnel shall also be responsible for preventing patrons from taking beverage containers outside of the establishment. 28, trash that is collected in barrels inside of the establishment and any exterior barrels used by the applicant shall be moved to the dumpster located at 17 Kellogg Street on a nightly basis. 29, oil and grease trap shall be properly maintained and emptied in a frequent basis. 30, staff shall be present at the exit doors at the close of business and shall assist with the exiting of patrons. 30, excuse me, 31, the double doors located under the awning shall be kept closed during normal hours of occupation, operation with the exception of a large number of patrons entering and exiting this specific egress point at any one time. 32, on busy nights, Thursday through to Saturday, patrons shall only be allowed to enter through the awning entrance. 33, supply slash vendor delivery shall only be made from the Boltwood Walk parking lot area and shall not occur before 9 a.m. or after 3 p.m. 34, the belt barrier utilized for queuing on busy nights Thursday to Sunday shall be installed as detailed in the approved floor plans. The belt barrier shall be removed at close of business hours. Patrons who spill over from the queue in the belt barrier shall be maintained by security staff and instructed to form a straight line. 35, this special permit is granted to Gabe Krauss of 142 South Longyard Road, Southwick, mass 01077. If the ownership of the building that was granted this special permit to operate in the designated location were to change, then this special permit would expire immediately after such change of ownership. Conditions the board should discuss during the hearing. Location of hours of operation to be posted. Two, whether or not the board wish it to have a 12 month review period for noise levels exceeding 70 decibels from a property line. Three, whether or not patrons can exit through the alleyway next to Antonio's leading to North Pleasant Street at the end of the night. If bouncers are required to steer patients away from that alleyway. Four, to insert this language, the establishment owner and or manager shall return to the special permit granting authority no sooner than 12 months or longer than 14 months from the first day of operation to review the management plans effectiveness and complaint history related to the expanded occupancy and to determine if any adjustments to the management plan is necessary. Five, mandating location of employing parking. In the management plan staff are encouraged to obtain town parking passes. And six, if the board desires to add an additional condition on setting a minimum number of staff, I think before we ask for a vote or agreement I'd like to discuss those conditions. So Mr. Chair, I would have to ask for possible condition number three. Yes. Well, sorry, going back up to the list. So I'll just, I took one note of a condition that was mentioned. So condition 27, I'm gonna scroll up to it. This one. So it talks about management personnel also should be responsible for preventing patients from taking beverage containers outside the establishment. I wanna include language in there that excludes the outdoor dining area to make it less confusing. So with the exception of the outdoor dining area. So patrons can have their drink in outdoor dining but they can't go beyond that. That's a good point. Isn't it part of the establishment? Well, just for clarity sake because if you look at it, you could think, well, the establishment could be, you know anything that's within the building behind the doors and I guess to avoid any sort of confusion or vagueness it would make sense to dispel that out clearly unless the board members don't see any issues leaving this condition as it is. I figure I'd bring that up. I think it's a good point. Are there, I think I have a question that coincides with that. If there are a predetermined number of seats out there if as frequently happens people come and see the people that they're sitting there and wanna come and talk to them or stand there and have a drink realizing that they shouldn't be standing and drinking there do you anticipate bringing out other seats in increasing the number of chairs that are available to any given table? How would you handle it? Let me ask that question a little more openly. Well, there's a maximum number of 18 seats loud on the patio so it can't exceed that. And there's also a condition, Mr. Chair where it says there's no standing room out there. Right, right. And also, you know, they have that max number of chairs which is also in their plans and then, you know, the other condition that limits standing out there. So those would be quick interactions but they wouldn't be for too long. Ms. Marshall. Yeah, about number 27 and Rob's concern, I wonder if we just add when they depart to the end.  Preventing patrons from taking beverage containers outside of the establishment at departure or when departing. Perhaps it should just be at any time because it's when they're departing, what if they're just, they take a walk to their car and have a beer in their hand? Well, there is an open, well, but then they're leaving. I mean, if they're... Well, but I think having the bouncers prevent them from taking anything outside of the establishment is, I think, clear. I think this is adequate as it is expressed here. I believe so too. So the board feels that I shouldn't add the language on outdoor dining area. You think the condition written as is is good? All right. If the outdoor dining area is part of the establishment, which it is, then it doesn't need additional clarification. Okay, I'll scratch that one off then. Mr. Slovener, is access to the outdoor dining area only through the restaurant? Yes, there's a door when you're facing, you're standing under the overhang and you're facing the entrance that we call the overhang entrance. There's a door to the farther left most door. It's the next one over to the left. That door will be unlocked during hours that the patio is open so people can, they can dine out there, course, weather permitting. And yeah, so they would have to go into the restaurant and be seated on the patio if they wanna eat on the patio. Right, okay, so effectively the seating on the patio is part of the establishment as though it was inside. It's just part of the establishment that doesn't have a roof over it. It does have a roof. I mean, it has to have a roof, but it's outdoor. Right, it's part of the establishment that is cold tonight. So, okay, no, yeah, I think it's fine. Ms. Marshall. I had a thought about condition 24, the last sentence regarding security staff will instruct patrons waiting to form a straight line. And I don't know that we need to specify where that line is, but it just shouldn't impede pedestrians, right? Oh, sorry. You said 24, but that's not 24. 34, sorry. So how does the board feel that should be worded? Instructed to form a straight line that doesn't impede pedestrian traffic or something. Okay, good point. So I guess just to read over, so are you saying just to add that towards the end, Sarah, instructed to form a straight line doesn't impede with pedestrian traffic, or do you think we should try to shorten it? To form a straight line, that doesn't impede pedestrian traffic, because I don't know the layout, like where it would be best to line up those patrons, but obviously they can't be blocking intersections or whatever, so. Okay, that's a good one to note in traffic. Thank you. Now, as far as the consideration for discussion, the location of hours of operation to be posted, did you have an intention as to where they would be posted? On the outside doors, where? On the wall. Is that, was that question addressed to us? Yes, I'm sorry, it was addressed to you. It would be posted, they'd be posted on the doors. Over by, I'll be more specific, over under the awning, it would be posted in the windows that are on either side of the doors, and at the overhang entrance, it would be posted on the overhang door entrance, because it's a window type of door, so it would be on the inside facing out. Are they posted inside also? No, just inside facing out of the establishment. I think it might be viable to post them inside also. Okay. Just so the patrons know when they have to leave and when. Yes, it could be a double-sided sign in all cases. Okay, great. So, Mr. Chair, I guess the reason why I put this in here was to consider the board doesn't have to really be specific about it unless they want to be, but figured just have like a general condition that says hours of operation have to be posted at all times. If the board wanted to make that condition, that's totally fine. I'm open to ideas whether or not you want, you want a word or a certain way, or if you would rather not make this a condition. There's no reason not to have it as a condition, I would think. I guess I'm surprised that it isn't. I mean, I thought businesses generally had to post when they were open and what their hours are. I'm surprised that maybe that's not the case. I know I'm always annoyed when I can't find that information. I think it's reasonable, but I don't know that we have to be very specific about it. I think as long as we know that they're going to be posted, then we should be adequate. Right. Okay. So I guess just yesterday I said, do you want me to believe this possible condition out and not make it a condition? No, make it a condition. Okay. So I could just, I'll word it as hours of operation shall be posted. Shall be posted. Prominently. Prominently at all times or something like that. Okay. By the way, I mean. We don't need to micromanage the exact spot where they're posted. If there, if there should be prominently posted at all times, that's good enough. Yeah, that sounds good. On the second question, I'm wondering if a 12 month review is a little bit long. I'm wondering if a three or a six month review by, at least by the building commissioner is appropriate. It's up to you guys. I figured, you know, the board could decide that timeframe or even if you want the review period. I think it's, I think if there's difficulty in maintaining the decibel levels, then it should evident relatively quickly, as long as that, you know, by the time we get finished here and they get the construction done, it's not the beginning of summer and the kids are gone. Then we can't tell anything. So maybe a six month period. Ms. Marshall. I wonder whether we could just combine two and four. I mean, if we're going to have them come back for a review, why not just review everything? It's not a bad idea. Not to a question. Do we need to review this or is the building commissioner just capable of revealing it? It's up to you as the board. I mean, usually the building commissioner is going to base it off of whether or not he received complaints from neighbors about it. And he'll like send like an inspector to go check it out or something. But otherwise, yeah, usually for something like this, it's up to you guys. If you trust the building commissioner, then maybe he can handle it administratively or if you would feel that at this point, maybe it warrants further board review at that time. It's totally up to you guys. I would like to put if warranted. But in the opinion of what? The building inspector. Building, okay. Building commissioner. Yes, Sarah. Yeah, I would maybe Rob can refresh my memory. Did we impose the similar condition on the other nightclub that we permitted last fall? We did. I think it was, I think it was for the noise too, because noise was a big issue for a lot of neighbors in that area. David, I think, were you on that panel, David? Yes. Yes. I think it would be good to be consistent. I don't seem to be. Noise was a big issue and noise will be a big issue with this, with this call. Yes, Mr. Slovorov. I agree with the chair that 12 months is too long. If problems come up, if this club is successful and busy, and I certainly hope it is, that I would think within 60 days, it would be evident whether there are problems that are not being contained. And it should be 60 days after the beginning of the school year, I don't know exactly the date that they expect to open, but maybe if the school year starts at the beginning of September, we could put a review date of October 31st. October 31st, I had to check how many days are in October. Of October 31st, 2024. Can I ask the applicant, when do you expect to be open and operating and loaded with kids? I would say the third week of February, I think what we're aiming for now. Third week of February now. Oh, wow. Maybe. Wow. Well, congratulations. That's way sooner than I was expecting. So if you're- I don't think we can, I think that's wishful thinking. Considering the fact that there's a, you know, there's time before we have to sign the documents here. There's a waiting period. I mean, you've got, there's no way you can get started then. Well, I think it'll be based on when when the special permit will be approved, basically, because other than that, we're just about ready to open. Rob, approximately. So usually, so if the board were to grant the permit tonight, it takes about a week and a half to get everybody to sign it, the fiscal document. And then afterwards, there's a 20 day appeal period, which is required by state law, which basically allows for a grief parties and members of the public to challenge the decision of the board to grant you the special permit in a higher court, like land court or superior court. And after that, you would file the special permit with the registry of deeds. And that's when it goes into full effect. So you're looking at opening probably of at least March at this point. Miss Marshall. I would suggest then just asking the owner to return after six months, six months after opening, because that will include at least three months of operation during an academic term. I agree with that also. Okay. Mr. White. Yeah, I mean, my only thing that I would ask to be added to it would be that we put language in there that says that it's six months after the opening. Right. And does the board still want to combine number two and four? That miss, like how Miss Marshall suggested it. Number four is basically a 12 month review period where they have to look over the mansion plans, effectiveness at a public meeting. I don't know if the board wanted to keep that or if you think that's not necessary, maybe just do it with the building commissioner administratively. I don't know how you feel about that. I mean, personally, I would prefer to put if warranted by the building inspector, building commissioner, excuse me. So the building commissioner determines if it goes to the board. Yes. Okay. I see people nodding. I agree. All right. And does the board want to base that off of any sort of like condition where it's because they receive complaints or just that they have to reach out in 12 months time to the building commissioner to review and set an appointment to go over the management plans, effectiveness. Six months time. Six months time. Sorry. I guess one. Sorry. Mr. Sloveter. I don't think we need to duplicate a whole lot of enforcement here. Aren't there mechanisms already in place that if there are numerous noise or trash or other complaints, somebody calls somebody to make the complaint. They're not calling us. So they're going to call the building inspector or the police and somebody will go to the building inspector. Aren't there mechanisms in place already to deal with problems? There is code enforcement usually does that. Inspection services has a code compliance officer who will go and issue citations if they're violating any sort of zoning or management plan infringement, I should say. Right. So I don't think we need to be overly burdensome in terms of imposing reviews or things like that. If the building inspector thinks that there is a recurring a systemic problem in the way they're operating this, then the mechanism is there to do something about it. And then the building inspector as the chair had suggested could ask for them, the club managers to come back to the granting authority. But if, unless that happens, I don't think we need to impose something on them. If everything is wonderful, why would we care? I agree with you. I think that what is logical to happen is if the building commissioner has got it on his calendar to review it in six months, then he'll review and if it's not warranted for us to do any further review, then we don't have to. Well, if you, sorry, I didn't want to interrupt Ms. Marshall, she has her hand up. I know. Just that if we've had a condition that addresses this in another permit, Rob, can you just grab that? Is it quick to grab that language? And we just say, is it acceptable in this case? I mean, maybe we... I think we say that we're not, we're not bound by... True, but why do we need to reinvent the wheel every time? Well, I mean, we're not... The language is there. It's just a matter of changing it from 12 months to six months if warranted by the building commissioner. All right. It's simple enough. Okay. If it doesn't introduce any new ambiguities or something for the building commissioner, that's fine with me. Oh, I'm actually gonna look at that specific word on that condition. I have it in front of me. I just want to make sure that we did that for the spoke. Let's see. And since Rob Moore didn't come tonight, we can lay it on him anyway. I'm sure he'll be happy about that when I tell him tomorrow. I'm just laying him. I actually don't see a condition. So what we have here for Chad, we put in a condition that says the establishment owner or manager shall return to the special permit grant authority 12 months from the first day of operation to review the management plan's effectiveness and complaint history related to the expanded occupancy. And to determine if any adjustments to the management plan is necessary. I think we can leave it up to the building inspector, building commissioner to make that decision. Okay. So I guess a condition we should... So we should probably reword that condition then. Yes. I guess get rid of the sound level measurement. And then just reward it, combine two and four and just word it in a way where it says they have to meet with the building commissioner 12 months after opening and they have to review the management plan's effectiveness. And if the building commissioner feels that further reviews needed by the board, then they have to come to a public meeting. Does that sound, sorry about that. Does that sound like it makes sense? I think that's less burdensome on everyone. Okay. Okay. I'll write that down. And then the next one, a mandating location employing part, it's hard enough to find parking. I don't think we can mandate that they have to park on Main Street or in the lot or anywhere else because if it's parked up then they're not going to be able to do that anyway. Okay. So I guess we could just scratch possible condition number five then. Yeah. And condition number six, they've already given what I think but other opinions would be interested in hearing if there's something different than what they proposed in their management plan for numbering employees. Yes, Mr. White. I would actually be fine with striking number six, just with my experience in working in restaurants and bars when you get to a point where you're cut down to closers that's going to be generally depending on the size of the location and not including bouncers. You'll have one or two people in the kitchen that are closing. You'll have a closing bartender for each bar and maybe a closing server and then management, usually just one manager. But I mean, I would be fine with striking that considering that as a business and we've got the stipulation of management plan about your particular bouncers and things like that that I just don't really see it as necessary. I agree, we'd have to, it's contingent. The minimum depends on what's happening and that's what the management plan is about. So we just have to repeat ourselves. Mr. Slogano? I agree, I think six should be stricken. I'm satisfied with what they have spelled out in their management plan. I think it's adequate. I don't have experience managing bars, I only have experience patronizing them. So this will have nothing, my opinion is just that I think they've already addressed this adequately and we don't need to pile on here. So I would strike number six as well. Okay, good. Well, if we're all in agreement in the conditions, I will entertain a motion to approve the list of conditions with edits for ZBA FY2024-07. Mr. Chair? Yes. Do we want to add to the conditions what we were discussing about putting in the conditions about the closing time? Correct. Okay. Rob, you've got all of those conditions there. Do you want to read them back to us? Sure, I'm sorry, good. We did not address number three, the alley next to Antonio. Oh yeah, so they actually spelled that out in their management plan, but if the board wanted to include that as a condition, we definitely could, this one right here. You know, I think that's a good idea if there are a lot of people there, but if people have dwindled and they've only got a few people and they want to go out that way to include the staff. I don't see a problem when they're going out that way, but that's my opinion. Mr. Chair? Yes. I'm sorry. If I remember correctly, and please correct me if I'm remembering this wrong, but when we were discussing this, I believe weren't we discussing it under the pretext of an emergency situation to prevent any sort of like stampede, you know, and that. Okay. Yeah, I raised that concern, and I don't need possible condition three. I mean, they can figure out if they can fit down the alleyway or not. Right, David? I think condition three would be too unwieldy to enforce. That alleyway is narrow and I think problematic anyway, but the chair informed me that he had carried very large, heavy bags of things down there, and I take the chair at his word, and that has to be situational in my opinion. We should just leave that out completely. If there is a problem, it can be addressed, but I would remove that. Okay, noted. Did you want me to go through my corrections, Mr. Chair, just so we know what they are? Yes, please, just so that we can clear on them. Sure, so I'm gonna stop screen sharing. All right, so my corrections that I noted, possible, so condition one A, I changed it from ZBA FY 2408 to 07. For condition 22, I changed the last call from 1245 to 1225. So 34, I added the language to form a straight line that doesn't impede pedestrian traffic for the spillover patrons. Then we have the two possible conditions. The first ones for the hours of operation shall be posted prominently at all times. And then we have the 12 month review period. They have to meet with the building commissioner. They have to review the management plan. The building commissioner determines the further reviews needed from the board at a public meeting. Six months period. Okay, so six month period. And then I'm gonna look at the language that was used in the spoke live decision for that one and then kind of mimic that language. Because I know it was written in the way that we wanted addressed here tonight. And that's all I had. And everything else was taken as is. Okay, is everyone okay with that? All right, Rob, that means that three, five and six were simply deleted. Yes, that's correct. Okay. Okay. If we're all in agreement with the conditions, I'll entertain a motion to approve the list of conditions. With it. Some moves. Second. So seconded. Please. Thank you. The motion has been moved and seconded. Any discussion? This requires a roll call vote. The chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Slovitar. Aye. The motion passes. We will now move to the discussion of the findings which will go through each finding and vote on the findings in block. 10.380 and 10.381. The proposal is suitably located in the neighborhood in which it is proposed and or the town, total town and is deemed appropriate by the special permit granting authority. The proposal is compatible with the existing uses and other uses permitted by right in the same district. Board reviewed the nightclub and restaurant with over 200 occupants use is allowed by special permit in the BG zoning district. The property 23-25 North Pleasant Street is located in a built out commercial district with similar uses nearby. The attended use would not deviate from the existing uses in proximity. 10.382, 10.383 and 10.385 and 10.387. The proposal would not constitute a nuisance due to air and water pollution, flood, noise, odor, dust, vibration, lights or visually offensive structures or site features. The proposal would not be substantially inconvenient or hazardous to a butters, vehicles or pedestrians. The proposal is reasonably protects the adjoining premises against detrimental or offensive uses on the site, including air and water pollution, flood, noise, odor, dust, vibration, lights or visually offensive structures or site features. The proposal provides convenient and safe vehicular pedestrian movement within the site in relation to the adjacent streets and property. The board's review, the applicant provided a detailed plan on pedestrian movement, light intrusion would be minimal. The board should consider asking the applicant how loud music would be and we have made a determination as far as that's concerned. 10.384, adequate and appropriate facilities would be provided for the proper operation of the proposed use. Board review, the applicant appears to have appropriate facilities to properly operate the site. 10.386, the proposal ensures that it is in conformance with the parking and sign regulations. Articles seven and eight respectively of this bylaw. Board review, the applicant's proposal complies with the town of Amherst parking and sign regulations. 10.387, the proposal provides a convenient and safe vehicular and pedestrian movement within the site and in relationship to adjacent streets, property or improvements. If the special permit granting authority deems a proposal likely to have significant adverse effect on traffic patterns, it shall be permitted to require a traffic impact report. And the proposal shall comply with sections 11.2437 of this bylaw. Board review vehicular movement is not a factor here. The board should further ask the applicant where patron Opal-Fall will spill out and we have done so. 10.388, the proposal ensures adequate space for the off street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use. The board review, the proposed use is located in an alleyway which may make deliveries trickery during business hours. Condition 34 will address hours of delivery and should prevent issues during high peak traffic times. 10.389, the proposal provides adequate methods of disposal and or storage for sewage, refuge, recyclables and other waste resulting from the uses permitted or permissible on the site and methods of drainage for surface water. Board review, the applicant appears to have the appropriate methods for waste and trash removal. 10.390, the proposal ensures protection from the flood hazards as stated in section 3.228, considering such factors as elevation of buildings, drainage, adequacy of sewage, disposal, erosion and sedimentation control, equipment location, refuse disposal, storage of buoyant materials, extent of paving, effective fill, roadways and other encroachments on flood runoff and flow of storage and flow, storage of chemicals and other hazardous substances. This finding does not pertain to this particular applicant. 10.391, the proposal protects to the extent feasible, unique and important natural historic and scenic features. This finding does not pertain to this particular application. 10.392, the proposal provides adequate landscaping including screening of adjacent residential uses, provision of street trees, landscaped land, islands in the parking lot and a landscape buffer along the street frontage. When non-residential use joins a residential district and uninterrupted vegetation, vegetated buffer shell to the extent feasible be established to maintain between buildings associated with uses under this section and the nearest residential property boundaries where natural undisturbed vegetation already exists on the site prior to site preparation and clearing, the majority of that vegetation may be retained and included as part of the buffer along with additional use of new planting, selective removals and other management of site plantings as are determined to be necessary to maintain an effective year round visual screen. This applicant will not be providing additional landscaping for the intended use, hardly. 10.393, the proposal provides protection of adjacent properties by minimizing the intrusion of lighting including parking lot and exterior lighting through use of cut off luminaires, light shields, lowered height of light poles, screening or similar solutions. Except for architectural interior lit signs all exterior site lighting shall be downcast and shall be directed or shielded to eliminate light trespass onto any street or abutting property and to eliminate direct or reflected glare perceptible to persons on any street or abutting property and sufficient to reduce a viewer's ability to see. All site lighting including architectural sign and parking lot lighting shall be extinguished outside of these business hours established under an approved site management plan except for lighting determined to be necessary for site security and safety of the employees and visitors. Board review, the lighting appears to be downcast and hidden in the alleyways. These factors seem to minimize light intrusion into neighboring properties and we have dealt with the timing of the lighting being extinguished. 10.394, the proposal avoids to the extent feasible impact on steep slopes, floodplain, scenic views, grade changes and wetlands, or this finding does not apply to this particular applicant. I think I, anyway. 10.395, the proposal does not create disharmony with respect to the terrain and to the use scale and architecture of existing buildings in the vicinity which have functional or visual relationships there too. Within the BLBVC, BN, COMOP, LI and PRP districts and any residential zoning district where a project in question occurs within the boundaries of a national historic register district, a special permit granting authority shall if deemed the approach, the proposal likely to have significant impact on its surroundings be permitted to use the design principles and standards set forth in sections 3.2040 and 3.2041, past treat one through nine. To evaluate the design that the proposed architecture and landscape alterations within the BG and a budding BL districts and for any town project within the any district the provisions of section 3.20 design review shall remain in effect. The board review, the proposed signage was approved by the design review board who operate under the auspices of section 3.20 of the zoning bylaw. There will be no exterior alterations of the building. 10.396, the proposal provides screening for storage areas, loading docks, dumpsters, roof equipment, utility buildings and or similar features. The board review, it is unclear whether or not trash receptacles will be screened. The board should clarify this with the applicant. Since there are only temporary trash receptacles during the time of occupation, I don't think that this is an issue as far as we're concerned. 10.397, the proposal provides adequate or recreational facilities, open space or amenities for the proposed use. This finding does not apply to this particular application. 10.398, the proposal is in harmony with the general purpose and intent of this bylaw and the goals of the master plan. Board review, the proposal abides by the standards set forth in both the zoning bylaw and the master plan. This petition makes a vacant building operational and promotes a small business in the Amherst. If we are all in agreement with the findings, I would entertain a motion to approve the findings with edits, if needed, for ZBA FY 2024-07. So moved. And are you seconding, Sarah? Yes, I'll second. Very good, thank you. The motion has been moved and seconded. Any discussion? This requires a roll call vote. The chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Slobner. Aye. The motion passes. Are there any final comments from the board applicants before the motion is made to approve the special permit? Not at this time. I would entertain a motion to approve the special permit FY, ZBA FY 2024-07 for Gabe Krause, Gabe's underground, and to close the public hearing. Is there a? So moved. So moved by Mr. Slobner. Is there a second? Second. Thank you, Mr. White. The motion has been moved and seconded. Is there any discussion? This requires a roll call vote. No discussion? The chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Slobner. Aye. The motion passes. Congratulations, finally. Good luck. Third time is a charm. That's right. Thank you so much. And best of luck. Good luck, yes. Yes, good luck. I resumed that space. I used that space for two and a half years. So it was a wonderful space. It has a lot of character. It has a lot of history. Yeah. Rob, do you have quickly update you on next steps? Yeah, sure. So so as I mentioned, I have to draft a decision document. I'll probably start that either tomorrow or early next week. I have to then solicit signatures and review from the board members, which may take a week as well. Then afterwards I'll file that signed document with the town clerk. And then once that's done, a 20 day appeal period will start in which I mentioned members of the public can appeal the decision of the board tonight to a higher court. And if and when that period passes, you would take the official document, true copy attest and the certificate of no appeal from the town clerk to the Hampshire County Registry of Deeds to be filed. And that's when your special permit becomes effective. In the meantime, you can't operate the business until after that 20 day appeal period has ended. And of course, once this decision document has been created, I'm going to put a cover letter on there that details all the steps for you. And I'll be sure to send that your way as well. So do you have any questions for me or for the board members before you log off today? Just one question. Will you be able to supply that list of conditions to us? So that'll be included in the decision document. So usually all the decision documents have those conditions. And they'll also have the list of a butters around you that we've notified as well. OK. All right. All right. All right. OK, thank you. Congratulations. All right, thank you. Good night, good luck. Good night, thank you. OK, there's obviously no public comment since there's no public. Do we have any other business not anticipated within 48 hours, Rob? No business, but I guess just a quick update on meeting schedules. So next week, February 8, we do have a public hearing scheduled, which I know three of you, sorry, two of you so far would be able to make it. And Mr. Judge will be back at that meeting. He's back in the country. And it's for a variance application for the property near Atkins Farm. Hampshire College is trying to build a mixed use building there. And the variance request is from a first floor commercial space percentage requirement. So the applicant is asking to take that 30% of the first floor and decrease it to 10%. So that's next week. Then the week after the 15th, the Valley CDC 4B project will be having another hearing date. And then February 22, the Shoots Bay Road solar project has another hearing date scheduled. And then another variance application for 40 University Drive and a flag lot special permit for Shea Street. So February 22, it's going to be a pretty busy meeting. Other than that, nothing else scheduled in March, Mr. Chair. That's all I have. OK. Yep. Well, given that, I will entertain a motion to adjourn. I'm going to second. Second. Very good. Philip and I will arm wrestle at a distance. OK. You can have it. OK. No, no. You were already announced. Offered enough. Hour and 20 minutes. That's a nice record for a meeting. Yeah. Last time was quicker. Yeah. Yes, it was. Yeah. I think I like Hilda's idea of not reading off all of those things that part applicable. Yeah. Steve doesn't. He just says all the numbers say not applicable. Yeah. Well, he'll skim them really quick. He'll know what each section is and say, oh, that deals with landscaping. Nope. Oh, that deals with trash. Yes. You put it in the form. Just don't put it in there. I'll leave it out next time. How's that sound? Thank you. I feel like I feel like it works as far as learning the role of chair is kind of training wheels and then learning, you know, as you go forward, what does need to be mentioned, what doesn't need to be mentioned. Yeah. Yeah. It's a big section. So it's, it's kind of overwhelming. I wouldn't be surprised. OK. Entertain your motion to adjourn. Do I do that already? Yeah. Yeah. I'll do it again. I'll do that all day. Yeah. We did our vote. Well, you didn't do your vote. Yeah. We didn't vote, but I have a sense. I know where it's going. You're right. Chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Sloveder. Aye. We are adjourned.