Good evening everyone. I'm calling tonight's meeting of the family planning board to order. Today is April 28th, 2026. It is 6:30 and we are meeting at Falma Town Hall. My name is John Dulie
and I am the current chair of the planning board. Before we begin, I would like to remind everyone this is a public meeting and is being conducted in accordance with the Massachusetts open meeting law.
Please take a moment to silence any mobile devices or electronics to avoid interruptions. Anyone wishing to speak should come to the podium, wait to be recognized by the chair, and state their name for the record before making any remarks. We encourage
respectful and constructive dialogue during public comment periods. Thank you. I we will now proceed to the first item on the agenda, which is public comment. If anyone wishes to speak about something is not on the agenda, please come to the please come
to the podium and state and state your name. We only have one person in the audience, so I think we're we're good for that. And then um second item on the agenda is minutes for March 17th and March 24th and April
14th. >> Yes, Mr. Chairman. Motion to approve the March 17th, 2026, March 24th, 2026, and April 14th, 2026 minutes as presented. >> Second. All in favor? >> I I unanimous. Thank you. Uh then the
next item on our agenda this evening is approval not required. Applicant Thomas Bunker TLS on behalf of Rich Robert F. Pritchard trustee plan of land to adjust lot lines between 98
Shore Street and 112 Shore Street. And we don't see Mr. Bunker here this evening. So >> no, I'm told that Mr. Bunker is celebrating a birthday this evening. So happy birthday, Tom. >> Um but uh in his absence, um staff
recommends endorsement of the ANR as presented. it meets all the standards uh that you would normally uh look for and uh the motion would include um endorsing with out regard to buildability or zoning compliance. >> All right. Thank you. Can I get a motion
to that? >> So moved. >> Uh any uh discussion, any questions? >> I'll second that. >> Okay. All in favor? >> I unanimous. Thank you. >> Uh next on our agenda is planning board discussion.
We have a couple of items. First is draft mix residential and commercial overlay district design guidelines from the Cape Cod commission. And then we also second item is draft potential zoning amendment list. It's in
everyone's packet and uh it's pretty extensive. So what I would would u prefer is that uh uh we review these documents and then any uh questions and or uh concerns or
comments you'd like to make, hold them for the next meeting. And um within a week or so, try to get anything in writing that you can to the U. staff so they can be prepared for it and then we can have a lively discussion on both these items.
>> I agree with you, John. If you don't mind my just budding in here. >> No, no, no. >> Because I did review these. Aside from the fact that the printing is so small. >> Yes. >> It makes it a little squinty eyed to have to look at it. >> I don't know that I necessarily agree
with all of the divisions of them. And I think myself, I'd rather almost put it in an order of what I'd like to the order in which I'd like to see it approached. >> Excellent. So, you can put that in writing for the staff.
>> I am. >> And we'll be we'll all be prepared uh at the next meeting and the staff will be prepared with some answers for us. >> There is a lot to it. So, >> no, I think it's a good it's too much to really first of all have it all in one
meeting and to have it all be new to the group. >> Mhm. Yes. >> Well, like for instance, a lot of what we've gotten into trouble with is we define something without defining it. Then we write a bylaw and then all of a
sudden the definition. So, where do we start? Do we want to do the definitions after we write the bylaw or do we want to do the definitions before? And that's just one thing that occurred to me, >> right? >> Because what that's one of the problems that we've had with definitions floating
around and nobody knows what we're really talking about. >> Yeah. So, >> so that's just a one for instance that I think. >> Well, I'm wondering when Pat when you and I were working with the consultants and with Jed >> and with people from ZBA and others, the building commissioner, we you we at
least had time to go through them very exhaustively. In fact, we were glad when we heard we didn't really have to do it again. But now that we see, oh, wait a minute, they they arrive in one immense package. You have no idea really what's in it. And it's it's it's an exercise in
trust and it shouldn't be. We should be more knowledgeable um when we go through them. So my question is will the consultants be with us? >> No. No. >> Will there be an explanation that goes along with each of them? >> Yes. Right. So this is this is just an
introduction a a a holistic list. In fact, there are two things uh that may not be on your list. Well, I added them afterwards. Yeah. the tiny houses and the undersized lots. I had mistakenly left them off the list before, but point
is this is the entire list that we took away from the second phase of the recontification. So all of the other items that we wanted to eventually get to TDR, parking, site plane review, all of those items put into a master list so
that we can start prioritizing one and then as we move along, cross them off the list and add new ones as we discover them with, you know, a lot of times applications will come through our process and we'll realize, oh geez, that
rule isn't clear enough because it's created confusion. and we just add that language to this master list and we just keep moving through the process. >> Can I ask a question of you because I think I don't know whether we should be Yeah, we can discuss it because it's on
our agenda. Okay. I think that some of our problems have always been that we don't have a big enough explanation as to what we meant. And I don't know because this is the only bylaw I'm really familiar with whether other
bylaws are more extensive and they have explanations as to what was really meant. So there's it's not as questionable. >> Do you mean from other communities like >> No, no, no, no, no. What we meant when we put it together? >> Okay. >> I mean, okay. We've got tiny house. What
is the meaning that we ascribe to tiny house? >> Oh, I see. So that it cannot be confused with another sort of tiny house because if you look up tiny houses, they go anywhere from like maybe 600 square ft to this is you're hardressed to find
something that's 400 square feet. >> So that's the type of item you might want to put into a writing. >> Exactly. >> So we can have that as a as a discussion, >> right? >> Yeah. So that's why I think this is going to take a lot more time like Charlotte said too. >> Yes. Well, the other thing on
particularly on the the things that are coming out of seasonal communities, which I really felt we weren't ready to do as a town because people don't know what's in it, >> that the Cape Cod Commission is apparently developing model bylaws. >> Yeah. >> And maybe we should just, you know, wait until uh they have done that. We could
have some conversation among ourselves on what what do we feel about the package, which will be, you know, an opportunity for me to vent. But other than that, I think it would be good to wait for the commission, see what they come up with. >> Yeah, that that's exactly what we're
looking for. >> Mhm. >> You know, sort of that prioritization. What's the most important thing? What can we accomplish this coming November in enough time to allow for potentially the seasonal community uh some bylaw changes to come either in April or
November of next year. So, that's really the conversation that I'd like to have with the board at the next meeting. I also think it would be very useful there were three communities that didn't qualify under the state's definition for seasonal communities because we didn't have the 35% seasonal housing and in
fact uh the proportion of seasonal housing varies from community to community depending on how much more mar uh full-time people they get and co changed a lot of that so that's it's a a moving number in a lot of ways but of the three uppercate mashby phmma
sandwich weren't part of it to begin with. Our representatives at the legislature were so proud of themselves that they got us shoehorned into it. I noticed that Sandwich has voted on it and they voted no. They're not doing this now. They turned it down. What did MASH do?
>> I don't know. No, but I think we ought to find out because there are pros and cons on it. And I'd be very interested in hearing what other communities right here, the most uh readily available ban for development um close to Boston, what
we're doing about it. We now have, if you look up, as I have, how are the other communities doing getting to the 10%? Are they trying to do it? Are they getting close? And you learn that they vary depending on what's being built on whether or not things
that early on didn't have a a you could go on the SHI to begin with, but then you would fall off after 30 years. Some are falling off. So, it's a number that changes. Each community has got some percentage at least half of below 5%.
>> You know, they're not close. They're not really trying the way we are. How does that position us, our town, for development relative to the rest of the upper Cape? >> Yeah, >> we really should think about that. >> The other thing, as John has pointed out,
>> I'll take your thunder away from you, John, that you can build a tiny house on any lot you have. >> I don't think it's about the tiny houses. It's about the tiny lots. >> Oh, I know it's about the tiny lots, and we don't have those. Or we do, but we can't build on them because they're too small. Well, it's going to be part of
our discussion at the next meeting. >> Well, Jed was going to try to discover, you know, what could become a tiny lot. >> Correct. Yeah. So, I'm halfway through that analysis right now. So, I've got a master spreadsheet that I'm hoping to have done for you at the 28th.
>> Well, just as a hint, you could take our GIS information, the whole mapping system, and feed it into Claude and ask it. >> Yeah. Claude AI, right? Yes. >> Who's Claude? >> Right. It would do it. >> True. Um, but I never rely on AI.
>> No, you would have to edit it. You'd have to look at it. But >> yeah, >> very labor. >> I rely on these guys right here. >> Yeah. >> Oh, but >> Jed, when you do that, are you looking at the parameters because a tiny lot has to have room for a septic system? >> Well, J, all I'm looking at at the
beginning is uh the minimum lot size requirement for each zoning district and how many lots are eligible. just the base minimum and then you would work towards >> you know other factors um included in that such as lock coverage and all of those things but just for
>> you're not going to do that right now. >> Not not that level of analysis. The only other component to that would be are there other uh challenges to development? Is it are there wetlands on the site? Are there um national heritage populations? You know, things that would
create a challenge for development. I've had a discussion with the staff um to research how many lots there are in a town of Falmouth of 4,800 square ft minimum and maybe we could take uh two
of those and have a transfer of development rights from one to the other >> and still have a 4,800 foot lot or a 5,000 foot lot, but it would become buildable because we've combined another lot with it. So, they're doing that research also. >> Uhhuh. So, but why don't we, if you
don't mind, Paul, do we have a question or comment? >> Yeah. I uh I think this is quite an ambitious and uh exhausting list of corrections and need to be made. My concern is when we go to town, these
have to be approved by town meeting. And the criticism of town meeting is that the planning board is overwhelming them with a lot of changes, >> right? >> So, I think as we look at this, maybe we can prioritize the more important ones. maybe take them in stages or do something like that
>> because we can't go to town meeting this number of items. >> So I think we need to prioritize it. I think it's a good start. >> Some of them look very simple. >> Could be done very easily. They still have to go to town meeting. >> So very very briefly the list is broken
into three categories. that first category, that big picture, those are those are larger amendments, meaning like they're going to take a lot more time to think through and go through, such as tiny houses, undersized lots,
etc. The second section is um areas that either staff or applicants have run across where um the language needs to be cleaned up. It needs to be um either improved or brought up to uh current standards. So there's some just some old
things that we need to take care of. And then the third category is the minor edits or the cleanup. Those are in my opinion either Scrimer's errors or just errors in the way the sentence is formed. So they're minor in in nature.
They could potentially all be um put into one article. And so to Paul's point, I think the good spot with town meeting is anywhere between three and five zoning articles. I I think it's probably three to four. Um and then
we're pushing it a little bit with asking town meeting to um do more than that. So that's the whole idea is to think about what three zoning articles can we bring in November. And that's the whole idea is to try to concentrate all of our zoning changes to November. gives us plenty of time to discuss it, plenty
of time to have public hearings. Uh, and when I say November, it's going to now be in the future October because again, you you know, town meeting is pushed back into late October. So, that's the general approach. So, for the next meeting, what I'll do is I'll add some
explanatory language here that gives you a little bit more, I guess, meat on the bones about why this item has come up and what the purpose of the change is. uh as we go through the uh use tables,
>> can we edit some of these others, even if it doesn't apply to uh some of the stuff that's on there? You know, maybe take some stuff out that's already in a a a zone or add something to it, we'd be able to consider that. >> Absolutely. >> Okay, good. But
>> whatever we have and we can put it in writing, >> at least get it to the staff at least a week before our next meeting. >> Yeah. So they they can >> uh study it and prepare answers. >> Yeah. >> And we can get answers before the meeting >> and so we can really start to get
prepared for this. >> Yeah. >> There you go. >> Does that sound good? >> If it's really a script era, does it have to go to town meeting? >> It does. >> Yeah. >> Even in mine item like that. >> Yeah. And we've done that in the past. I think it was one of my first years here.
We had an article that had I want to say anywhere between a dozen and 14 items all included in one that were very simple like remove this s change this reference to 240 12.1 instead of two. I mean they're very simple. >> Yeah. >> Clerical type uh changes but yes town
meeting does does need to approve that. >> All right. Excellent. We don't need a motion to go. >> No. But one item I do want to um cover before we move on is the um mixed residential and commercial overlay district guidelines. So, as you know, and as I've mentioned in the past, the
Cape Cod Commission is going to be at your meeting on May 12th. And so, to John's point earlier, please take a look at these guidelines. If you have questions or you have comments, please um email them to us so that we can
forward them to the commission. They can come prepared um with answers to any questions or comments that you might have. fairly basic, but it essentially lays out what you're going to be telling the development community about what you
want to see in the in the mixed residential and commercial overlay district. And those items include things like lighting, landscaping, um uh building facades, all sorts of items. Um and especially
because the Mr. COD district includes uh the local historic district downtown but not over on Davis Straits. There's two separate um components there. So you'll see that as you review the the document. I think it's really well put together >> broken up really well. >> Yeah. >> Really well. Yes.
>> I'm looking forward to having them in. >> Can I ask a question on this? >> Sure. >> U this is pretty comprehensive and specific to Felmouth. >> Yes. But this draft, what's the process of review and finalizing this? How long
does that take and who does that? >> Well, it's you. It's the board. So, it's it's your document. Um, and so this is your opportunity to go through it and mark it up. Tell us tell them and tell me and the staff uh what might be missing, what are good, and you know, some of the questions that you might
have. And then they can finalize that. And then you get a final document probably sometime in June. I would imagine. It's pretty comprehensive. >> It's great. I I I really like it. >> Yes. >> Okay. Thank you. >> All right. Thank you. All set, guys. >> Oh, yeah.
>> Okay. Um, next item on our agenda is the May 2026 board meeting schedule. And I think our next meeting is scheduled for the day after Memorial Day. >> Well, your next meeting is May 12th. >> May 12th. >> And then the meeting after that will be
the day after Memorial. So, do you guys want to do the day after Memorial? You want to do it a week after that? >> Either way is fine by me. >> Yeah, it doesn't >> I can't do it. My son and daughter-in-law are going to be here for the week. >> Okay. >> I'm not going to miss them.
>> Is there any time-sensitive issues that would make a difference >> there? I mean, well, I I can't. As of right now, there are not. >> Okay. >> Um, but as you know, uh, ANRS are a 21-day timeline. So, as they land, we'll
try to schedule them and try to block off that date just in case. Um, pushing it into June would be the well, I should say the following week would put it at June 2nd. >> Which could work. You just have a backtoback meeting uh week. So, you have
the second and the June >> May 12th and June 2nd would be the target date. >> Yes. June 2nd if you're going to push it. So, what we'll do is we'll try to keep an eye on it. It sounds like >> it can work for most folks. Maybe not for Pat.
>> Um, >> if we keep it a short meeting. Yeah, >> I'm just concerned about the day after the holiday because, you know, folks may be vacationing that week and so I'd like to try to avoid that week if we can. >> I would prefer June 2nd. >> Yeah. >> Yeah. Why don't we make it June 2nd?
>> June 2nd's actually better for us. >> Mhm. Right. >> Okay. >> All right. I will check internally to make sure that this room's available, but um if it's not, we'll communicate over email and >> should be good. >> Okay. Excellent. Thank you. >> Y >> and next item on the agenda is the
planning department report. >> Nothing to report other than, you know, the items that we've been working on and of course zoning amendments. Busy, busy, busy. >> Good. Uh thank you. And then um any committee reports?
Okay. >> None. Tom, >> none. >> Okay, good. And uh announcements. Uh we have any future agenda items? I have an announcement. >> Yes, sir. Announcement. After a long absence, the planning department has
decided to name Jasper as the featured dog that is posted in the hallway upstairs after a long absence. Is Is this something we want to show the folks at home?
>> Do we have to vote on this? >> Well, now's as good as time as any to announce the fact that we hang the public's dogs on our wall because we're dog lovers upstairs in the planning office. >> Oh, have to get your picture. >> So, if anyone's coming by the planning office, you want to hang a dog on the wall, we love it.
>> All right. >> It's particularly relevant because next week >> Mr. Jasper is going to be seven years old, so it's celebration of his birthday as well. So, I appreciate that. Thank you. >> That's excellent. Happy birthday, Jasper. >> That's uh we need to know that. Thank
you very much. >> Okay. Um future agenda items. I think we're all set with that. >> I have one. >> Okay. >> Um we've been reading about the 40B status in the town of Felmouth. It'd be nice to get an update of that. Obviously, there's some legal issues there, but uh
I think it'd be helpful for the board to have a quick summary of where we are with 40B. >> Okay. >> All right. Thank you. >> Anybody else? >> No. >> Uh general correspondence,
April 15th, April 28th. >> Nothing received. Nothing. >> Nothing. All right. Then um I make uh accept a motion. Uh next meeting is scheduled for May 12th and then motion to adjourn. >> So moved. Second.
>> All in favor? >> I I >> go