WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=DBp1G9nMsL0

Part: 1

1
00:00:40.000 --> 00:00:55.120
I'm calling tonight's meeting of the family planning board to order. Today is April 14th, 2026. It is 6:31 p.m. and we are meeting at FMA town hall. My name is John Dully. I am the current

2
00:00:55.120 --> 00:01:10.560
chair of the planning board. Before we begin, I would like to remind everyone that this is a public hearing, public meeting, and is being conducted in accordance with Massachusetts open meeting law. Please take a moment to silence any mobile devices or

3
00:01:10.560 --> 00:01:27.119
electronics to avoid any 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 remarks. We encourage respectful and constructive

4
00:01:27.119 --> 00:01:42.400
dialogue during public comment periods. Thank you. We'll now proceed with the first item on the agenda, which is public comment. If anyone wishes to speak about something that is not on the agenda this evening, please come to the

5
00:01:42.400 --> 00:01:59.920
podium and state your name. All right. Not seeing anyone to come to the podium. We're going to start with the first item on our agenda this evening. which is uh minutes >> public. I'm sorry. No, Tom's not here this evening. He may show up in a little

6
00:01:59.920 --> 00:02:15.599
while, but >> I move that we table the minutes. >> Okay. >> Yeah, I'll second that. >> Okay. Thank you. All in favor? >> I >> I unanimous. So, we have um two approval not required to start the evening.

7
00:02:15.599 --> 00:02:30.560
And uh the first one is um applicant John Doyle III plan of land to assign new and separate lot numbers to the parcels as assigned by the Massachusetts Land Court for instructions of the court located on

8
00:02:30.560 --> 00:02:48.000
Hanks Way including map number 20 03 030 011 and for the well we don't have we don't take any testimony >> if you have any questions. Steph have any questions? >> I move endorsement.

9
00:02:48.000 --> 00:03:03.760
>> I'll second. We need to add the extra language in there. >> I would say yes. Move endorsement buildability. >> Yeah. Without regard to buildability and zoning compliance. >> Okay. >> Accepted. >> All right. Any other dialogue? No. All in favor? >> I >> I

10
00:03:03.760 --> 00:03:23.760
>> I unanimous. Thank you. Second applicant, Thomas Bunker, PLS, plan of land to adjust lot lines of several adjacent lots. No new lots will be created. Located at F 958 and 996 East Highway,

11
00:03:23.760 --> 00:03:44.239
including map number 20 03 030 011. And uh I believe this is at uh Mahoney's again. Jud, do we need to take any testimony? >> We do not. >> Okay. I didn't think so. Uh does the

12
00:03:44.239 --> 00:04:03.000
board have any questions? >> Exit out so we could see the map. >> I have a I have a colorized version of it if you need. >> Yeah, I wouldn't mind seeing if you could do that. >> Let's see. I can uh

13
00:04:06.560 --> 00:04:23.360
right here. >> So there's a this is a land that's own between >> Mahonies is the the the property on on the left. The two lots uh front to back.

14
00:04:23.360 --> 00:04:40.720
The rear lot has no frontage, not buildable. And on the other side over here is the uh is the Cape Cod recycling of mulch and stone or whatever on on this property. So basically we're just taking this and swapping two pieces of land. Uh this triangular piece is

15
00:04:40.720 --> 00:04:56.720
currently owned by the uh Cape Cod uh recycling and it will be transferred over to Mahonies. This piece of land owned by Mahonies will be transferred over to uh to here. Uh there's another there's a very small piece of land left

16
00:04:56.720 --> 00:05:13.680
over here that's being combined and we made a change up at the top so this strip as far as we could is 50 ft wide to conform to that requirement as much as possible. >> All right. >> That's basically it. >> Thank you. Any other questions or

17
00:05:13.680 --> 00:05:31.199
comments? I got a motion, please. I move that we endorse the uh plan of land to adjust slot lines of several adjacent lots. No new lots will be created located at 958 and 996 East Balmouth Highway,

18
00:05:31.199 --> 00:05:48.800
including map number two 03 030 011 without regard to buildability and >> zoning. >> Zoning compliance. >> Compliance. >> Yep. >> Thank you. >> Second. >> Thank you. Any comments, questions? >> All in favor? >> I

19
00:05:48.800 --> 00:06:06.240
>> I unanimous. Thank you. >> Thank you. >> So, our third hearing this evening is um ASV Cape Cod Holdings LLC. I'm going to pass you right over for a moment and we're going to go to the fourth hearing of the evening. Um I don't know if Mr.

20
00:06:06.240 --> 00:06:23.600
Clower was here or not, but So, um this is this is uh applicant Kevin PClower II on behalf of 28 Field Heights Road LLC. Special permit application to allow parking within a

21
00:06:23.600 --> 00:06:40.000
front yard and within 5 ft of property line at 28 Falmouth Heights Road. And uh then we have uh also um site plan review of the same lot. U we don't have all the information or we just received the

22
00:06:40.000 --> 00:06:56.560
information a lot of information from um engineering. So, we're going to um I need a motion to have this hearing extended to another evening. What date do we we say in the chat? I know I wrote it down, but >> yeah, the um I think the May 12th

23
00:06:56.560 --> 00:07:12.240
meeting would would be wise to continue them too. >> I don't see Mr. Clower here, but I know he he's okay with the extension the to change the meeting date for both hearings. So, can I get a motion for both of them or do we do them separately?

24
00:07:12.240 --> 00:07:28.960
you I think you can do them together. >> Okay. To >> extend it to May May 12th. >> I move we extend both to May 12th. >> Thank you. >> Second. >> Thank you. All in favor? >> I >> I unanimous. >> Thank you. So, excuse me. We'll revert

25
00:07:28.960 --> 00:07:44.479
back to our our third and final hearing of the evening. Applicant ASD Cape Cod Holdings LLC site plan review application to install large scale brown mounted solar arrays at 414248

26
00:07:44.479 --> 00:08:01.199
59 Theater Drive and 0 Box Hill Road maps one 03001 163 170 1 028B 014 1 17 0

27
00:08:01.199 --> 00:08:20.720
1 028 039 9 1 7 0 1 028A 015 and one 04007035 >> John I am recused on this. >> Okay. All right. Thanks.

28
00:08:20.720 --> 00:08:37.279
>> I don't have to go disappear, right? >> No. >> Okay. >> No, but you can't look mean or anything at them. Okay. >> Oh, darn. >> All right. Right. So, do you make want to make any more statements or we're ready for a board

29
00:08:37.279 --> 00:08:54.000
discussion and vote this? >> Uh, just for the record, Matt Terry from Ahmed Clower here in Falmouth representing the applicant. We have no further statements at this time. So, >> all right. Thank you. >> Okay. >> Uh, we have a a decision you Okay. Read

30
00:08:54.000 --> 00:09:08.000
that bond. >> Draft. >> Draft decision. Yes. >> Thank you. >> Draft April 10th, 2026. Motion that the planning board votes to approve the application of ASD Cape Cod Holdings LLC to install three largecale groundmounted

31
00:09:08.000 --> 00:09:25.360
solar arrays at 41,42 48 and 59 Theater Drive and zero Boxbury Hill Road under section 240 7.4 large scale ground mounted solar overlay district and section 240 12.2 site plan review the zoning bylaw

32
00:09:25.360 --> 00:09:43.760
for a plan entitled uh with the following findings and conditions proposed general. The proposed project involves the installation of three individual large-scale groundmounted solar photovoltaic arrays on

33
00:09:43.760 --> 00:10:00.080
approximately 58.8 plus or minus acres of land located off the drive and Hill Road. Collectively, the arrays identifies as the east array, west array, and south array will comprise a 23.3 megawatt DC,

34
00:10:00.080 --> 00:10:15.920
13.5 megawatt AC solar photovoltaic facility. The east array parcel comprises approximately 41.5 plus or minus acres. The west array parcel comprises approximately 47.4 plus or minus acres. and the salt array

35
00:10:15.920 --> 00:10:32.480
parcel comprises approximately 48 plus or minus acres. In addition to the solar arrays, associated site improvements for each array will include a battery energy storage system best transformers, electrical cabinets, conduit and wiring,

36
00:10:32.480 --> 00:10:48.640
storm water management infrastructure with three bio retention areas and other associated equipment. The executed interconnector services agreement with Eversource provided by the applicant specifies overhead distribution upgrades within the existing off-site utility

37
00:10:48.640 --> 00:11:05.040
car. Specifically, it includes upgrading approximately 10 existing poles to threephase and m and installing approximately eight new poles with three-phase along Boxbury Hill Road on the total 137 plus minus acres

38
00:11:05.040 --> 00:11:21.920
approximately 54 plus 54.9 plus or minus acres will be permanently conserved as open space. The applicant intends to donate the entire 137 plus of minus acres to the town of Felmouth through a quit claim deed or deeds and then enter

39
00:11:21.920 --> 00:11:38.880
into a lease agreement with the town for each project to allow for the construction and operation of the applicable solar array project. In total, the pro proposed project will result in the clearing of 10.5 plus or minus acres of existing natural vegetation. The applicant intends to

40
00:11:38.880 --> 00:11:54.959
reveate 16.5 plus or minus acres as part of their ecological restoration strategy aimed at rehabilitating the ecological value of the property, particularly around the vernal pool and within its buffer zones. The applicant proposed

41
00:11:54.959 --> 00:12:11.519
restoration activities also include the removal of several existing structures within the current golf course operations. These structures including two residential buildings, a pump house, clubhouse, maintenance building and ancillary structures and portions of the

42
00:12:11.519 --> 00:12:28.720
existing paved parking lot and cart paths. As part of the construction activities, the applicant also proposes to remove the existing golf course irrigation system located within each of the fence solar array areas. The proposed solar array projects are designed to serve a

43
00:12:28.720 --> 00:12:44.480
broad mix of customers with 50% of the projects reserved for mass market subscribers including low to moderate income LMI households 15% residential and small business subscribers 35% and the remaining 50% capacity

44
00:12:44.480 --> 00:13:01.360
available to large anchor subscribers. The site is currently operated as Cape Cod Country Club and is biseected by Bossbury Hill Road. The project site is located within the town of Felmouth large scale groundmounted solar array district. The proposed project was

45
00:13:01.360 --> 00:13:16.480
referred to the Cape Cod Commission by the planning board on April 14th, 2025 as a development of regional impact DRRI. On September 11th, 2025, the Cape Cod Commission voted to adopt the draft written DRRI decision and approve the

46
00:13:16.480 --> 00:13:49.760
proposed project with conditions. I lost my page here. >> Okay. Page page four. >> Okay. Right there. >> Okay. >> As shown on the site plan set, each of the array areas will have a utility pad

47
00:13:49.760 --> 00:14:06.240
for the battery energy storage systems, inverters, converters, and associated electrical cabinet covered by a 15 foot wide gravel driveway with 10 foot wide shoulders. Plan the maintenance plan limited trips will be made to the site for

48
00:14:06.240 --> 00:14:21.839
preventative maintenance. vegetation management and equipment inspections. Public access will be allowed on paths around the site that will connect with off-site open space trails and public access to the sledding hill will be maintained. The Falmouth Fire Rescue Department

49
00:14:21.839 --> 00:14:38.800
reviewed the proposed plan set and indicated in a referral to the board that there was sufficient fire department access and that the submitted energy storage system risk mitigation strategy included all the required elements. The applicant and Eversource plan to extend the required three-phase

50
00:14:38.800 --> 00:14:55.760
power lines from Schumat Road to the project site. Upon reaching the pro the project site, these lines will transition to underground medium voltage lines as they connect to customerowned equipment. The proposed project shows that the storm

51
00:14:55.760 --> 00:15:12.560
water drainage patents will largely resemble the existing drainage patents. The storm water management will consist of 14 constructed dry retent detention basins and six existing lowpoint areas. Additional leeching fields, leeching

52
00:15:12.560 --> 00:15:28.480
trenches will be designed for nine dry basins and one low point that cannot manage the surface volume by themselves. All dry basins will be seated and it will be allowed to have natural vegetation grow within them. The proposed project intends to retain and

53
00:15:28.480 --> 00:15:46.800
restore wooded buffers around the solar array. Plant species of grasses and wildlife wild flowers within the solar arrays and minimally provide a 6- in gap in the bottom of the fences to allow for wildlife movement on the site. After the

54
00:15:46.800 --> 00:16:01.440
solar array is installed, the applicant intends to reveate the areas beneath the solar arrays with a native pollinator friendly wildflower mix. In addition, the restoration plan includes 650 trees to be planted in the restoration areas

55
00:16:01.440 --> 00:16:17.600
with 232 of those trees to be planted within the proposed projected open space area. It also includes provisions for monitoring and management for at least the first three grow seasons. The town's marine and environmental services mees

56
00:16:17.600 --> 00:16:33.040
division provided a referral to the board indicating comfort with the proposed project. Specifically, the MEES division noted that the absence of fences or any structural ob obstacles within the proposed wildlife corridors

57
00:16:33.040 --> 00:16:49.279
that small mammals and amphibian passages have been considered. Steep sand trap edges will be removed. Bird nesting boxes will be added and pollinator plants will be placed under the solar array panels. As required under section 247.4D 4D of the zoning

58
00:16:49.279 --> 00:17:04.720
bylaw. The applicant submitted a plan for the operation and maintenance of the large scale ground mounted solar arrays. The board finds that the information submitted complies with the section 247.4D of the zoning bylaw.

59
00:17:04.720 --> 00:17:21.199
As required under section 247.4F3 For F3 of the zoning bylaw, the applicant submitted a decommissioning plan with a draft shity amount to cover the cost of the arrays remove removal in the event the town must do so and remediate the

60
00:17:21.199 --> 00:17:37.120
landscape. The board finds that the information submitted complies with section 2407.4F of the zoning bylaw. The board received numerous letters, emails, and verbal comments at their public meetings related to items such as

61
00:17:37.120 --> 00:17:58.000
vegetation clearing, noise impacts, screening, water quality, and storm water. The board finds that the applicant adequately addressed all relevant concerns with the board's regulatory jurisdictions. The board finds that the information provided by the applicant conforms to

62
00:17:58.000 --> 00:18:13.440
all the requirements of section 247.4 and 240 12.2 of the zoning bylaw conditions. The plan shall be constructed as approved. Any changes shall be reviewed by the planning board. Certificate of inspection for the new

63
00:18:13.440 --> 00:18:30.000
construction shall be issued shall be issued until the planning board is satisfied that the conditions of this approval have been met. The project must not direct any in any storm water runoff to public property abutters of public rights of way.

64
00:18:30.000 --> 00:18:46.720
Any connections or alterations to public utilities would require permission from the appropriate town departments. Construction of this project shall follow the town soil erosion and sediment control standard conditions. The applicant shall obtain an approval

65
00:18:46.720 --> 00:19:03.760
an approved street opening permit. The project shall meet all applicable standards set forth in the building code as determined by the building commissioner. The applicant shall see the engineering division for address assignment for the new sites prior to

66
00:19:03.760 --> 00:19:20.480
applying for a building permit. The applicant shall provide financial shorty to the town in the form of a decommissioning bond in the amount to be determined by the select board pursuant to section 247.4G. For a schedule decommissioning, the

67
00:19:20.480 --> 00:19:35.360
owner shall notify the planning board by certified mail of the proposed date of discontinu operations and plans for removal. The applicant shall notify the planning board by certified mail or any change in

68
00:19:35.360 --> 00:19:52.880
the ownership of the solar projects. The this site plan review decision shall lapse three years from the date it is granted if substantial use there thereof has not sooner commenced except for good cause. The applicant shall ensure that any

69
00:19:52.880 --> 00:20:09.600
memorial benches located on the property associated with the golf course are relocated to appropriate areas along the proposed walking trails. Site fencing erected on the on the property will need to allow for adequate passage of small mammals and amphibians

70
00:20:09.600 --> 00:20:25.120
underneath. The applicant will limit grading to the extent practical relative to the installation and operation of the solar array panels. The applicant shall remove the existing irrigation system within the areas of disturbance.

71
00:20:25.120 --> 00:20:41.600
All existing top soil will remain on site and be reused by the applicant for mitigation and other plantings. All lighting installed within the project areas will be dark sky compliant and will be limited to each equipment pad. The applicant shall work closely

72
00:20:41.600 --> 00:20:59.120
with the town with the uh tree warden to limit project related tree clearing as proposed by the applicant that would impact wildlife in the area. The applicant will work with the town and local trail associations with respect to the specific sighting of walking trails.

73
00:20:59.120 --> 00:21:16.000
The applicant shall not use chemical treatments to manage or destroy plants or animals with the only exceptions being initial applications of organic fertilizer to establish the new poll on friendly vegetation growth or to

74
00:21:16.000 --> 00:21:31.280
manage any future invasive species. In accordance with the submitted operation and maintenance plan, the applicant shall install physical monuments to delineate the boundaries of the open space areas. Mowing of grass or

75
00:21:31.280 --> 00:21:46.880
pollinator metals will only be permitted between 7:00 a.m. and 7:00 p.m. on weekdays. Maintenance of the arrays except in emergency situations will only be allowed between 7:00 a.m. and 700 p.m. on weekdays.

76
00:21:46.880 --> 00:22:03.520
The uh during construction, the applicant shall use Nathan Ellis Highway Route 151 and Ranch Road to Boxbury Hill Road to access the east and west array sites at the driveway locations shown on the site plan set and Sandwich Road to

77
00:22:03.520 --> 00:22:19.679
Boxbury Hill Road to access the south array at the driveway locations shown on the site plan set. The applicant shall provide a traffic management plan to the Department of Public Works for review and approval before commencing any site work or construction. The applicant shall

78
00:22:19.679 --> 00:22:34.880
provide the fire department with an emergency action plan prior to a building permit being issued. All signage will be included in accordance with the NEC electrical code and by specific requests by the fire

79
00:22:34.880 --> 00:22:51.520
department. The applicant shall provide an asbuilt plan prior to receiving a certificate of inspection. Prior to the building permit being issued, the applicant shall provide the planning board with the applicant's proposed tree species mix numbers and

80
00:22:51.520 --> 00:23:06.559
sizes, each of which will be subject to nursery availability. Prior to the building permit being issued, the applicant shall provide written evidence that the Federal Aviation Administration has reviewed the project and has re issued one or more

81
00:23:06.559 --> 00:23:22.320
determinations of no hazard to air navigation with respect to this project. >> Thank you. Thank you, Bob. I just like to make one correction on condition number one. Uh where it says

82
00:23:22.320 --> 00:23:38.720
uh in the second row of red lettering says no certificate of inspection for the new construction shall be issued until the planning board is satisfied. Should be shall be shall

83
00:23:38.720 --> 00:23:55.280
be not issued shall not be issued. There's no not in there. not >> that sounded funny when I read it. >> That's the only correction. >> Yeah, I I the full I think the full sentence is persuant to 240 2.1 C2 of

84
00:23:55.280 --> 00:24:10.480
the zoning bylaw. No certificate of inspection. >> You just didn't read it >> for the new construction shall be issued. >> Okay. >> So, that covers it. >> Same thing. >> Okay. Same thing. >> Okay. Good. Uh any uh any comments, any

85
00:24:10.480 --> 00:24:26.240
concerns? Yes, Paul, >> I have one. Uh, the town plan on page two down the bottom refers to the entering a lease agreement with the town for each project. >> Yes.

86
00:24:26.240 --> 00:24:42.720
>> Should there be some general definition of the terms, the period of time or something, not the specific details, but this is for operation, construction and operation. Isn't there a time frame intended in that lease agreement? Should

87
00:24:42.720 --> 00:24:58.320
that be included in this agreement? >> No, I don't think so. It's it it really is just a a statement about the next step. It's really beyond your perview. >> It's a site plan review. >> Yeah. Uh this is more justformational, you know,formational

88
00:24:58.320 --> 00:25:16.240
uh documentation in the >> generally you say they're going to operate for 20 years or whatever, but there's nothing like that in there. >> Yeah, I don't think that's necessary for this. Thank you. >> Thank you, Paul. >> Any other comments? Okay. I just want to

89
00:25:16.240 --> 00:25:32.159
mention one thing. Um, and we discussed this a little bit at the last meeting. Um, only one item. Uh, the trees on number 28 provide 650 trees. It's going to be, but we discussed maybe uh putting in there

90
00:25:32.159 --> 00:25:48.559
that would be like a 3-in caliper at 4t high. Uh, I don't know if you want to add that or just leave it the way it is. That's what it is for street trees. It's a 3-in trunk caliber tree at 4t high. And this doesn't have any delineation.

91
00:25:48.559 --> 00:26:06.799
It just says it'll be just u trees of species mixed numbers and size doesn't give any number. >> So, do you want to make that as a motion, John? >> I'd like to add that as part of uh the decision. That's the only item. >> So, are you making the motion? I make a motion that we it be um the trees be 3

92
00:26:06.799 --> 00:26:23.440
in trunk caliper at 4 foot high. >> Second that. >> Any any discussion on that? Any thoughts? >> All in favor? >> I'm sorry. The >> the applicant. Sure.

93
00:26:23.440 --> 00:26:40.000
>> Forgot you guys are here. >> Um thanks Brian Madden from LEC. Uh did you say 3-inch caliper? 3-inch trunk caliper at four feet high. >> Okay. Four feet high. >> Yes. >> Because three-inch caliper is generally,

94
00:26:40.000 --> 00:26:56.400
you know, that's almost like a 20 plus footer. Um but we had >> No, no, it's not. I I just did a whole street of street. >> Okay. As long as >> they're only about seven feet tall. >> Okay. >> Maybe eight. >> Yeah. All right. Thanks for the

95
00:26:56.400 --> 00:27:12.159
clarification. >> Okay. You're welcome. Sorry, I forgot that you were here. So that's a motion. I got a second. >> It's been seconded. >> Second. All in favor? >> I >> I >> I >> All not in favor.

96
00:27:12.159 --> 00:27:27.520
>> Three, >> Jim. Okay. So it was four four to one in favor. Thank you. >> 51. >> I'm sorry. >> So So just to clarify, where are you adding that specifically in the

97
00:27:27.520 --> 00:27:44.279
sentence? Well, it would be on number 28. >> So, let's see. Against proposed tree species mix >> numbers size would be

98
00:27:44.400 --> 00:28:04.640
>> okay. >> 3-in trunk caliper 4T high. >> Got it. Got it. >> Got it. What was the count? >> Four to one. >> Four to one. >> Oh, okay. Four. >> Sure. >> I have a question. C

99
00:28:04.640 --> 00:28:20.080
>> can are four feet high trees. Do they have three inch? >> Yeah. >> I just I I I don't understand the practicality of >> at the 4ft height of the tree. >> The tree could be 12 feet high, but four feet off the ground. It's 3 in around. >> Okay. >> Okay.

100
00:28:20.080 --> 00:28:36.080
>> Yeah. The the proposed new plantings, sorry, Lawrence Cooker, Pure Sky Energy, the proposed new plantings were to be four to six feet high. Um we had measuring it at the top and it's got to be three inches at the top. >> No, >> no, that's what >> No, it's four. >> I'm sorry. I thought I heard that.

101
00:28:36.080 --> 00:28:52.640
Excuse me. >> If you're if you're taking the measurement 4T off the ground, then you're looking at a tree that's at least 10 to 15t high. >> And we discussed the last time when you plant older larger trees and older trees and things like that, they are more prone to regardless of what maintenance

102
00:28:52.640 --> 00:29:09.520
or anything like that we do on them, they are prone to die very, very quickly. um because they're large trees, they've got established root systems and things like that. So you put them in it, it becomes much uh much harder to maintain and have them to grow, which is why the the trees planted we discussed last time

103
00:29:09.520 --> 00:29:25.440
were going to be four to six feet high at the start point. >> And you're saying now that a no 4ft tree because there wouldn't be a 3-in caliper at the top. >> It's just something that's in our bylaw for street trees. >> It's only for street trees. >> Street Yes.

104
00:29:25.440 --> 00:29:40.240
Um >> because again there are 600 some 50 trees slated to be planted only some of which will be near the street the vast majority of which will not. >> Well I just I got that out of our out of our code book.

105
00:29:40.240 --> 00:29:55.039
>> Yeah. Can can we make sure that street trees are defined that are are trees that are planted within a certain pe part uh distance from the roadway rather than screening trees that we'd be proposing up in the fence areas? What I don't what we what as a board I hope we don't want to have happen is you put in

106
00:29:55.039 --> 00:30:11.039
650 trees and five of them 500 of them die. Well, what what you're proposing would would certainly result in pretty much all of them dying because you're you're saying that we're planting 650 >> 15 foot high trees, which as I explained to you previously, regardless of the

107
00:30:11.039 --> 00:30:28.080
maintenance share, you you can do it with with a certain select number of them, >> but like that that's a that's a permanent water source and we've got to dig out the uh the irrigation and everything like that as part of this that so that there is not going to be a way that we can uh we can maintain

108
00:30:28.080 --> 00:30:45.760
trees of that size at 3in caliper of 4t. Yeah. I mean 4 ft off the ground is about that kind of high. You're going to go 3 in caliper. So you're going to be looking at least 15 foot high. >> If it's for the street trees, that's fine. Let's uh let's be >> I'm just saying that's that's what's in

109
00:30:45.760 --> 00:31:02.720
our bylaw >> for street trees. >> For street trees. >> Yes. And I I want I want to be sure that we can clarify that street trees would be any tree within 10 foot of the roadway. I'm only using that for a dimension, not as an example of being on the street. I'm we're trying to come to

110
00:31:02.720 --> 00:31:18.399
an agreement to what size the trees are going. You can put 650 of them. >> Yes. >> Last time you hear said they're going to be saplings. Well, what's a sapling? One inch around. >> Six feet high. >> Well, how how wide how wide is a sapling? >> Four to six feet. I mean, when you buy uh when you buy trees, when you go to the the landscape and things like that,

111
00:31:18.399 --> 00:31:34.000
you'd be looking at a a certain gallon size. >> Should we make a motion? I mean, I I I can just do a quick quick Google search, but I mean like a a a 3ft high caliber at 4 foot 4 foot off the ground, you're looking at 15t high trees. >> Well, I don't I disagree with you, but

112
00:31:34.000 --> 00:31:48.480
yes, go ahead. >> Could we just ask what size tree would grow pretty readily and still be big enough? What would be practical? >> Four to six feet as a start as the the start starting size, right? Yeah. >> What would what would those calipers be?

113
00:31:48.480 --> 00:32:04.559
Uh I mean a four foot high I mean with a four you'd you'd have very high maybe an inch if that. >> Yeah it's about an inch. >> Depends on the kind of tree. >> Yeah. >> Yeah. Yeah. Obviously it depends on the the kind of tree which is why we would be looking at four to six feet high as the as the planting ones. If if it's for

114
00:32:04.559 --> 00:32:20.000
the street trees and you want to have that that's fine but a street tree would need to be defined close uh close to the roadway. So it is a street tree not a landscaping tree. >> You're you're totally misunderstanding what I'm trying to say here. But >> so so the the the 650 trees that we're

115
00:32:20.000 --> 00:32:35.600
proposing to plant are not all going to be required to be 3-in caliper at 4t high. >> Well, that's what we just talked about. >> Yes. But it that and you're saying I don't understand you. So if that's a >> we just voted for it approved. Let's keep going. He's >> he already made it. The board approved

116
00:32:35.600 --> 00:32:49.840
it. >> Yes. >> You want to take back the vote? >> We can't. >> It should be right. Point of order. We should take back the vote if we want to go further. >> It's complet Yes. It's completely up to the board. Um it is your jurisdiction. And so if you decide that you would rather not have that condition in there

117
00:32:49.840 --> 00:33:05.440
or the specific text, then someone needs to make a motion, take back that vote and recons that amendment. So I will make the motion to strike that amendment. >> Second. >> I don't think so. >> Any discussion? >> All in favor? >> I

118
00:33:05.440 --> 00:33:22.399
>> I Okay. So we'll we'll rediscover. So >> stay right there. We'll we'll we'll try it one more time. >> Yes. So when we when we discussed earlier we we obviously want to plant them we'll maintain them and we want to have them at best chance of success that is done with a four to six foot high uh sort of

119
00:33:22.399 --> 00:33:38.799
starting uh size. >> Yeah. >> So that that's what we would be proposing is a is a kind of four to six foot high uh or or a certain gallon size. I can take a quick research on a uh on what a gallon size would be, but it would be a four to six, which is

120
00:33:38.799 --> 00:33:55.200
typical for uh for any kind initial landscape. >> What kind of spacing are you going to have on them? >> Uh are they grouped at all or are they uh they're screening? I mean the the indicative areas were were shown on the uh on the plan set. Um >> can you bring just one section up on the

121
00:33:55.200 --> 00:34:14.320
screen? >> Do you have the restoration plan Mural? Um he has it on the data stick. There is also, as was read in the findings, part of the restoration plan and the operation and maintenance plan

122
00:34:14.320 --> 00:34:31.520
that uh comprises a portion of the application is a three-year obligation um on the part of the applicant to maintain and ensure that all of these restoration plantings, whether it's trees, shrubs, grass,

123
00:34:31.520 --> 00:34:53.119
pollinator meadow survive. >> Okay, >> this is the area >> while they're doing that. One part of number 28 is that the applicant will provide to the planning board the proposed tree species mixed number sizes each of which will be subject to nursery

124
00:34:53.119 --> 00:35:07.599
availability. >> Yes. at the point that they provide that is is could there be some way there's some discussion at that point rather than now? >> Well, let's see what they do right here. But that's not a bad suggestion.

125
00:35:07.599 --> 00:35:23.920
>> Yeah. So, I mean typ typically I mean we the difficulty is what we don't want to do is because we want to maintain a natural uh a natural view and if you plant trees that are uniform kind of six foot off on center kind of thing, you will just have a line of trees. It doesn't look particularly natural. So

126
00:35:23.920 --> 00:35:39.280
you would vary you would variegate it up. You put a couple of roots and then you put you'd spread them all out um just to make it more natural >> because otherwise you'll just have a single line of trees at kind of six on six foot on center which is a typical plant.

127
00:35:39.280 --> 00:35:55.760
>> So there there are going to be some areas where we're going to uh where screening where views in and things like that. There may be multiple trees sort of granted out. Other places they may be more spread out. They may be feature trees and things like that. So, it's I'm not sure we need to have a um

128
00:35:55.760 --> 00:36:10.800
necessarily that they're going to be planted six feet off center six feet on center. I think it needs to have that variable thing. And um I mean I I I I wouldn't be adverse to the potential condition saying that I would come and present the landscape plan once we've uh

129
00:36:10.800 --> 00:36:27.440
for for final sign off where we can kind of talk to that for for the planning board and and let's have a chat about well these are the areas that we've we we've uh we view based on screening areas and come and have and thrash it out on a specific point before we do it. And and just to read from the

130
00:36:27.440 --> 00:36:43.280
restoration planing notes, the proposed trees within the open space protection area, 2-in caliber size space 10 to 15 ft off center. Additional detail provided within the LEC Environmental Consultants, Inc. Restoration Plan Narrative.

131
00:36:43.280 --> 00:36:59.720
>> They're on the wrong number. >> Sorry. >> Aren't you working for item 28, specific condition 28? >> Yes, but he's >> not the restoration one. But it's covered in the restoration.

132
00:37:12.000 --> 00:37:28.079
>> I move that we accept the applicant's suggestion. They'll come back with a landscaping plan with specific sizes in front of the board and we can approve it at that time. >> Sizes and locations. >> Sizes and locations. as he stated. >> I think we're getting into micromanaging.

133
00:37:28.079 --> 00:37:44.400
>> I think it's too much. I just would hope that specific condition 28 would be amended in such a way that rather than saying that you're going to provide us with the plan that you would come back and talk to us about the plan that we would have some exchange then when at that point you the point has already

134
00:37:44.400 --> 00:38:00.480
been promised. So just expand it to a conversation. >> Come back come back with a plan and we'll approve it at that time. >> I don't know about approval. I think that that actually gets very tacky, but more that they would be amenable to a conversation >> and change if we feel strongly.

135
00:38:00.480 --> 00:38:17.040
>> Trees vary. I mean, they they just do. >> Yeah. And and you're going to have people who are experts at doing this, >> right? And they don't want to >> We're not experts, >> you know, waste their money on things that die. >> I just want to see all these trees planted and half of them not grow not grow. That's trying to protect the town.

136
00:38:17.040 --> 00:38:32.240
That's >> me, too. >> They guarantee them for three years. >> Yeah. Yeah. There there's a three-year guarantee on it. And as I said with when you when you're talking about a larger tree, the amount of water that that they they would take up, they will take >> a lot of maintenance. You can do it with a few select ones and things like that,

137
00:38:32.240 --> 00:38:47.599
but when you're talking 650 trees at that size, >> it's it is absolutely prohibitive. It it just wouldn't wouldn't be able to be done. Um but yeah we the in terms of the condition specific condition proposed planting mix and numbers uh prior to the

138
00:38:47.599 --> 00:39:04.400
building permit being provide the planning board the applicants proposed tree species mix numbers and sizes each of which >> Charlotte doesn't want to do it so I'm done you guys you two figure it out >> yeah I mean 28 kind of >> object did get seconded so >> she just discussed it you discuss she discussed >> I didn't get a second

139
00:39:04.400 --> 00:39:18.880
>> okay >> uh I mean if you wanted to add a qualified that would be um no less less than uh because we've presented some things within the landscape in the restoration plan and things like that that are plans would have been subject to the Cape Cod Commission approval and

140
00:39:18.880 --> 00:39:35.359
things like and did did any of those get submitted as part of this? >> This is all part of and >> yeah so we enumerated in this >> which would be at the minimum based on the uh the restoration plans and landscape plans that have been submitted. >> Yeah, good with that. >> Then that provides that minimum

141
00:39:35.359 --> 00:39:49.359
standard. >> Good with me. Jim, do you like that? >> I'm fine. >> Yeah. So we need that as a motion or we it's in the Cape Cod Commission's decision. Is that what you said? >> Well, and it's also if you go through the plan list at the front of your approval. >> Yeah.

142
00:39:49.359 --> 00:40:06.640
>> Um Mr. Corno had added I think the land restoration plan um in a recent iteration of your decision. So that now part of the plan set that it's a condition that we construct pursuant to includes the landscape plan set, the land restoration

143
00:40:06.640 --> 00:40:21.520
plan, >> the restoration plan narrative, and the operations and management plan. All of which go into um pretty specific detail around restoration. >> Okay, we don't need another motion. It's

144
00:40:21.520 --> 00:40:37.200
included in in this motion that I just read. >> So we have a motion to approve on the main motion. >> Main motion. >> Motion to approve on the main motion. >> We get a second. U we had a second already. >> I'll second if we don't remember who.

145
00:40:37.200 --> 00:40:53.119
>> Thank you. Any discussion? >> No. >> No. Paul. Okay. All in favor? >> I >> I unanimous. >> Is there any public discussion? >> Not for a decision. >> We usually don't our hearings are usually ours. >> Mr. Chair, just as a additional housekeeping item. Probably should have

146
00:40:53.119 --> 00:41:09.040
done this before the decision, but we could still do it. Uh the applicant uh at the last meeting indicated that they were open to extending your decision deadline to this Friday. So um they've in your packets is an email to that

147
00:41:09.040 --> 00:41:25.040
effect. Simply just need to make a motion accept that as a vote so that we can file it by the 17th of April >> to April 17th. >> Correct. So it allows you to actually make the decision tonight. >> So we need to make that vote before we make the vote we just made. Let's just

148
00:41:25.040 --> 00:41:41.280
do a housekeeping item. Someone make a motion. Take a vote. >> I got it. You can do it. >> No. Go ahead. I got a motion to thank. >> Uh I move that we accept this email as a request on behalf of the applicant to extend the board's decision deadline to April 17th.

149
00:41:41.280 --> 00:41:56.880
>> Second. >> Second. >> All in favor? >> I >> I >> I unanimous. >> Thank you. Thank you for all your time and your patience. And uh I thank the board members too for all the hard work and and getting it decision across the

150
00:41:56.880 --> 00:42:19.599
finish line. >> Thank you very much. >> All right. Can I get a motion to adjourn? Not yet. >> Almost. >> Okay. >> You can get what if you want. Uh, next on our um agenda is planning

151
00:42:19.599 --> 00:42:35.200
board discussion 2026 fall town meeting schedule. >> So, if I'm on that road, >> if I may, in your packet um is a one-page schedule that shows the new

152
00:42:35.200 --> 00:42:50.400
schedule for the fall town meeting. Um, as you are likely aware, uh, we traditionally had in the past fall town meeting in November. They've pushed that back approximately two to three weeks. So, it sort of condenses our schedule a

153
00:42:50.400 --> 00:43:07.599
little bit. Um, but we're Melinda and I tried to put together a schedule that made sense for you folks to understand how we're going to work through the process with you. So, essentially in the month of June, uh, we'll start talking about our zoning amendments, the potential list of zoning amendments.

154
00:43:07.599 --> 00:43:22.560
we're g I'm uh intend to give you everything um and sort of allow you to say hey what are some things that are most important to you to bring forward to November uh because we do have a long list I won't go through the details of each one of them but the idea would be

155
00:43:22.560 --> 00:43:39.119
to give you the entire list of um amendments talk about sorry >> I just have a quick question how many um articles are required by the uh vote for seasonal community >> that would be two two articles >> just two.

156
00:43:39.119 --> 00:43:53.359
>> Yeah. >> I thought all those suggestions were >> no >> zone. Oh, excuse me. You go ahead. >> So, it's um for seasonal communities, it would be allowing the byite uh development of tiny homes. That'd be one article and then by development of

157
00:43:53.359 --> 00:44:09.040
undersized lots. So, that's your second article for zoning. That's it. >> For zoning. Okay. Thank you. That's not a big deal. I thought it was a lot more than that. And Jed, isn't it true that we can't consider the others unless we approve those? Something along those lines.

158
00:44:09.040 --> 00:44:24.240
>> What do you mean consider the others? >> Well, there are actually six other programs that are part of seasonal communities, but I believe that we can't uh begin to consider them uh or pass. We could talk about them, but we can't do anything allowing them until we either

159
00:44:24.240 --> 00:44:39.680
until we make some decision about the two that are required, the tiny lots, tiny houses. I so yeah for clarity there are a number of benefits as I mentioned a town meeting uh that go along with the seasonal communities designation that's what Charlotte's referring to things

160
00:44:39.680 --> 00:44:56.720
like establishing a a housing trust um setting aside some um uh development for or housing development for municipal employees etc those types of things we haven't received um clarity from the executive office of housing and livable

161
00:44:56.720 --> 00:45:12.640
communities as of yet about whether or not community can pursue those before passing the zoning. Um, but we are working on that clarification. The most conservative approach in my opinion is to pass the zoning first, make, you

162
00:45:12.640 --> 00:45:28.079
know, clear that hurdle and then to your point, Charlotte, come back and take advantage of those programs that are benefits, if you will. >> Well, it's a carrot and stick approach. >> Correct. >> Really? And the two sticks in somebody's opinion are the small lots and small

163
00:45:28.079 --> 00:45:45.839
houses. And you can't get to the carrots until you do that. If you do the carrots ahead of time, how can you give them back? >> Right. Right. It's it it wouldn't in my opinion, it doesn't make sense to do it that way. So, uh the I would suggest that tackle the zoning first, then

164
00:45:45.839 --> 00:46:01.440
handle the the benefits. >> And I and I think this discussion should be uh a future agenda item for us uh to talk about the community uh >> uh act. So, uh, but getting back to your list, are a lot of the, uh, things that

165
00:46:01.440 --> 00:46:18.319
we are putting forth, are they just housekeeping? A lot of them housekeeping types of things, clearing up some of the, uh, errors, little errors in the, uh, current book or >> yes and no. >> So, one article, we're hoping to be able to collect a lot of that housekeeping

166
00:46:18.319 --> 00:46:34.800
um, items into one article. >> We've done it in the past. I hope hoping that we can do it again. So, we'll do some of that, but then there's other um larger bylaws like the TDR bylaw. Okay. >> The flood plane overlay district, >> uh parking site plan review, all those types of things.

167
00:46:34.800 --> 00:46:49.839
>> Okay. So, >> those are more substantial, >> right? Yeah. >> So, it's a mix. >> Yeah. >> So, point is we'll start the discussion in June. We've got three opportunities to well, actually two opportunities to really go through the list and make a

168
00:46:49.839 --> 00:47:07.359
plan for November or for October. Here I go. November. Um and then in August, July and August is really when we start the public hearings. If we have petitioners articles, we've um allowed for a fourth public hearing in there and then off to voting your recommendations

169
00:47:07.359 --> 00:47:24.000
in early September so that we can make the October 26 uh timeline as you can see on your on your packet. >> Question. You mentioned uh transfer development rights. Is that an Are we proposing revisiting that for this town

170
00:47:24.000 --> 00:47:38.800
meeting >> potentially? So like like I said, I'm just going to give you the entire list. >> Okay, but that's that's not part of the seasonal community. Okay, I understand. Got it. Sorry. >> About the entire list about when would we have that before uh we begin in June

171
00:47:38.800 --> 00:47:55.200
actually having discussions? >> I'm just about finished with it. So excuse me. I can give you a a draft just a draft list of the amendments and then probably by the next meeting. Um, and then you can take a look at it and you

172
00:47:55.200 --> 00:48:11.920
can at least see the universe >> of changes that we've got cuz it's >> what I was thinking actually was yeah we would know but I think more than just having us know maybe an article in the enterprise something that the town would put in or that somebody here would put in so that the town can see that these

173
00:48:11.920 --> 00:48:27.440
are all going to be under consideration instead of it being oh no look there's another one of them so that the it appears and it is organized and it has the appearance of organization. Yeah, I I mean if if the board wants to publicize that list, that's fine. It's

174
00:48:27.440 --> 00:48:42.480
just essentially what it is is it's an internal working list of all of the amendments that we have. I mean it's it's large. As soon as you see it, you'll understand my hesitation there is because there's a lot there and um it's not to necessarily hide anything from

175
00:48:42.480 --> 00:48:58.480
anyone. It's just there's a lot to it. Um which may or may not be understood. kind of thing when there's a lot to it. Forewarning is really a good thing. >> Okay. >> I think >> well take a look at it first and >> I think we need to understand it first

176
00:48:58.480 --> 00:49:13.119
and we can go from there. >> Right. >> Any other discussions on it all? >> Okay. >> I have a question. >> Sure. And a lot of it is lack of knowledge. But what I've seen on some of

177
00:49:13.119 --> 00:49:28.079
seasonal communities is high >> that the state doesn't even have their own law finished. >> No, the regs are out now. >> I know. But even so, the cover letter on that said, but we're not quite finished yet.

178
00:49:28.079 --> 00:49:45.520
>> Right. So, um, the Cape Cod Commission is working on model bylaws for both the tiny houses and the undersized lots development. And so, you know, my intent was to wait for them to publish those.

179
00:49:45.520 --> 00:50:02.559
We can go through them together and then you can decide because again, you've got two you got 24 months on the seasonal community item. And part of the discussion without jumping ahead too far is to say, you know, to talk with the board and say, well, you know, we realize that seasonal

180
00:50:02.559 --> 00:50:19.760
communities came in late, but there are a list of zoning amendments that we've been working on and we would hope to be able to bring forward to town meeting, and we want to balance how much you provide to town meeting because it's it's a lot. It's a lot to understand and a lot to consider. So, we'll talk about

181
00:50:19.760 --> 00:50:36.640
it um probably sometime in May and then we'll have really thoughtful conversations in June. >> Good. >> All right. Good. >> All right. >> Uh next item on our agenda is uh planning department report. >> So, um very excited to announce that we

182
00:50:36.640 --> 00:50:52.160
have received the draft design guidelines for the mixed residential and commercial overlay district. I've looked at the document. I think it's terrific. Um, what I would like to do is ask the Cape Cod Commission staff to come and

183
00:50:52.160 --> 00:51:07.440
present that document to you and answer any questions that you might have. I'm working on getting them to come to the May 12th meeting if that works for you. Um, but that would be the first opportunity to really see the document and understand what it says and, you

184
00:51:07.440 --> 00:51:24.160
know, dig into some of the details. If that works for the for the group, then I will try to pen them in for that date. >> You want Do you want to let us uh review it ahead of time? >> Yeah, that I think that would be best. That way you understand what you what you're reading beforehand.

185
00:51:24.160 --> 00:51:38.880
>> Okay, good. >> Yeah. >> All right. Thank you. Anything else? >> Really, it's just zoning amendments as you can imagine. You know, now with town meeting being pushed back, we are full speed ahead on making sure that we've got everything prepared for you.

186
00:51:38.880 --> 00:51:54.720
You keep saying push back. You mean pushed ahead, right? >> Pushed ahead. Yeah. >> I was getting confused. >> I mean, in my mind, it's backwards, right? >> Yeah. But it's earlier. >> Less time for us. >> But it's earlier. I was confused. So, I was thinking you say December, but you said October. >> Yeah. >> Okay.

187
00:51:54.720 --> 00:52:10.640
>> Yeah. >> All right. Thank you. Committee reports. >> The short-term rental bylaw doesn't mean anymore. >> It got passed. >> All right. There it is. Awesome. before they filled up Liberty Green.

188
00:52:10.640 --> 00:52:27.920
>> Excellent. >> Good. >> Any other um reports? >> All right. Thank you. Announcements, any future agenda items other than what we already discussed? >> Yeah. Seasonal committees. Seasonal communities discussion. So, just a

189
00:52:27.920 --> 00:52:45.520
discussion, not a public meeting or public forum, just a board discussion. >> Just to take it apart a bit. >> Yeah. just just for us to review it. >> Okay, we'll have to get that on the agenda. >> Any other future agenda items?

190
00:52:45.520 --> 00:53:01.760
>> No. All right. Uh general correspondence. >> There are two letters in your packets in the in the last um packet here. Um, >> one is uh a support letter, the other is

191
00:53:01.760 --> 00:53:16.240
um >> constructive criticism I think would be the correct term, but two letters in your packets. >> Yeah. So, everybody can read those at their leisure if they haven't already. >> And then uh the next meeting will be

192
00:53:16.240 --> 00:53:32.000
April 28th and May 12th. >> Okay, John, before we leave, there was just one thing that I I wanted to say and I missed my opportunity, so I'm going to take it now. the um the committee that was put was an official committee. We had to go by uh all the regular meeting rules and so forth and

193
00:53:32.000 --> 00:53:49.119
take minutes and stuff that was put together by the select board and chaired by Doug Brown. Um I want to say that it worked. It was very good joint committee. It had the select board, the planning board, the health board because Scott Mcan didn't sit on it but he came to all the meetings, the police and the

194
00:53:49.119 --> 00:54:05.119
real estate group that meets informally sent a representative who was at I think all but one meeting. So, it it really um was a very cooperative thing >> very much so. It worked well. >> That's your your short-term rental. >> Short-term rental. >> Yeah.

195
00:54:05.119 --> 00:54:21.440
>> All right. Terrific. Thank you. No other items. Uh meeting is adjourned. I get a get a motion to adjurnn. >> I move it. >> Second. >> All in favor? I >> I Jim, you in favor or no? >> I was trying to read the letter. I

196
00:54:21.440 --> 00:54:26.760
hadn't read it. Okay. I was trying to get caught up.