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[Music] e e e for five decisions in a row wait a minute before we move continuance no it's a deadline extension right so we're hearing that
one now okay but it's it's okay that we don't yes that it's still printed in here as February okay I was wondering why I was up on the panel I didn't understand I didn't understand it either okay we have an extension but we do have
a hearing Mr amand are you here for the hearing uh thank you as you know I presentent JJC development I just have one comment which I wasn't planning to uh um to say but I will before you vote on the proposed motion uh which the town
planner has been so kind to share with me ahead one of the issues we've had is the uh requirement of the uh engineering department to put Granite curbing uh all the way to the property line um and um
the decision will require a compliance with getting a curb cut permit getting a curb cut permit will require satisfying the U uh engineering department but I want to point out that um there is no
Granite curbing in front of the DPW uh building on um gfer Street the granite curbing ends in front of HomePort at the second driveway it doesn't continue further to the north to
the property line there is no Granite curbing surrounding the Courtyard Apartments relatively recent construction at the intersection of Sandwich Road and uh brick Hill Road
um I don't know how much more expensive the granite curbing costs for the short distance relatively short distance from the curb cut and to the subject property to the northern property line um I'm appreciative that the uh planning
board is not going to require a sidewalk to continue there that leads to Nowhere this is a Town Road if the uh of an existing developed lot if the town feels that there should be Granite curbing on
both sides of Sandwich Road or the town should go put it in Granite curbing is on the other side of the road but it doesn't continue all the way to um to Brick Road um I don't know whether the requirement
to spend the money for granite curbing as opposed to a Cape Cod burm will make the difference between whether this housing project goes forward or not but uh I thought I would just point out my feeling that I don't think that um that
requirement ought to be in play here thank you may ask Bob a question sure Bob Mr h could you can we bring it back up sure he had it all up and I was going to say where's the grain of curving well right along the side of the houses
yeah and how long is it yeah should tell them Madam chair if I may how about that um just want to remind the board that the engineering referral is in your packet and that's where um the requirement the requirement is right is
is ref so the granite curb Granite curbing uh presently ends around here and the applicant has agreed to extend it the 56 ft up to where it would
end at the south side of this curb cut um we're also going to install sidewalk redo the sidewalk with a tactile pad uh for handicap um access at the curb cut
we're also going to have as you know it shows on this plan a walkway that extends to the town layout then turns and we'll also have a uh tactile um pad
here um the question is the requirement to put in a granite curbing from this location to the property line that's all Bob have you talked with the engineering department to ask why they want you to
do that I have not um I have um expressed my uh concern or um preference on behalf of my client basically to save money uh to the town planner and I believe the town planner has passed along that concern to the engineering
department and the engineering department which wants the best for the town uh wants that Granite curbing um but but it at some point uh the cost of every additional Improvement um makes it
harder and harder to uh develop housing and in many that's why I'm asking the question as to whether you have talked directly to them no I have not talked directly uh uh to the engineering department
and um it may be that um in the future that is in the months to come as we see if this project will go forward and what the and we have figures and so on maybe we'll have further discussion um uh with
the town about it I don't want to hold up uh site plan review approval um I just uh think that this is a case where the right answer would have been to no you
don't have to continue the granite curbing past um past the curb because there's no more Granite curbing anywhere uh on this property all the way to Brick K Road I that is on the west side of Sandwich Road well you raised
two good issues there's a fairness issue and there's a consistency issue and we were just receiving training tonight on consistency and the way we approach things so it's right on time so it might be good to bring it up in the meantime um can I clarify something so when we
talked with the engineering department um they let us know that because of the um Road opening permit for the aprons that that work right in that area is considered in the right of
way and not site specific so that is why they have the requirement regardless of what we say for our site plan review they are going to require that for their Road opening permit well I understand we can't change that right so that that's I'm just clarifying where that kind of
came from and and and why it's it's part of this but the piece North isn't in their Road opening though that's where the that's where the apron is that they're closing so that's two well there's an apron right there but from there on to the next lot that's not part
of their permit is it there's two aprons there that they oh we're closing out an old one that's there I forgot oh there's that old parking there used to be like a parking lot in there I forgot I remember that now because they're changing that yeah that I I'm sorry I yeah there's a reason for that going in because right
now you can drive in there and park cars M well that area is going to be landscaped it's going to be changed and it could be uh Cape Crow burm less expensive Granite Kirby that's why I understand now I didn't think they should care but they
are changing that yeah are we ready to move on I do want to know just for the record that that area is also and I hadn't thought of this before but that that area is a potential area where kids might be getting onto a bus on in the future so I think engineerings although
I won't speak for them they're thinking perhaps could be you know safety for any children that might be waiting in that area um so a car can't just jump the jump the curb or jump that well kids also also get on the bus at all sorts of
intersections along sandwich Road and every other Road in town and there's and they must get on the bus somewhere near uh the Courtyard Apartments as well and I'm sure there are many other examples like could have given including recent construction and it doesn't seem to be
consistent thanks do we have to repeat our vote to uh accept the change in the deadline I don't see why we would no no so there is a new deadline and um this is the end of the public meeting yeah right may I also
just go over a couple of changes that the engineering department has indicated in their referral yes do I have so very quickly it's in relation to um the driveway entrance and the circulation on the
site um so as you can see this is the entrance itself um the engineering division indicated that these double arrows as shown um by the cursor could Pro uh basically en encourage uh visitor
to the site to think that there are two lanes uh for folks to line up in in this area which would not um meet the zoning bylaw requirements for spacing in between parking areas so I've communicated with attorney ammen about
removing the dashed line uh that you can see here to approximately this location past the angle parking and just remove one of the arrows to indicate that this is just a single uh Lane entrance and uh additionally here so again this
is meant to indicate this is just a one way but some people could misconstrue that to be two lanes coming through that which would not satisfy so it's going to be single Arrow here single single and then the dash line L would likely not start until about this area so those
changes will be made um further on uh it's I don't believe it affects your decision unless of course you have an issue with it tonight um you can simply uh vote your draft motion uh into the record indicating that you um give me the ability to
administratively uh put that into the decision um afterward on March 12th sorry on March 12th uh yeah I don't have a specific date exactly when that would happen but
um likely around the time that the zoning board of appeals is also looking for a final decision so that you don't hold your your approval this evening you don't make them come back just to show you uh those simple changes sure I'm understanding you our approval tonight
was for extending the deadline to March 12th and I'm assuming we're not going to uh read the draft decision into the record tonight you you certainly can uh I think you're in a spot where you can provided that you're okay with those
changes that I've just highlighted and those changes will result in a revised plan so you'll have a revision date that won't match exactly I asked a question and then you're going to approve that plan administratively correct yes if I could just clarify you better be good at
measuring arrows and making sure they're for the right spot on the agenda the deadline decisions in the past so even so we have to make it current oh so that's why you already did I'm catching up with you I think I'm almost there
okay planning board discussion is any comment on the engineering report and what is the changes made in response any questions or comment any problem so we are we reading it in and voting tonight as well yes we are going
to it would seem but we are ready for that for the record yeah the site plan that's referenced in that draft motion you'll see that the site plan has a a date and a revision date that revision date will be reflective of when they uh
revise the plan that's shown on the screen to cover the changes that I just uh referenced okay good but we can go ahead and do it now so Bob okay draft February 24th 2025 motion that the planning board votes to approve the application of JJC Development LLC for
the construction of 10 two-bedroom apartments and five duplex buildings located at for sandwich Road under Section 240 12.2 site plan review of the zoning bylaw with the following findings and conditions the 2ac lot is located in in
the business 2 B2 zoning District in the coastal Pond Great Pond oay District a 2, uh 700 plus or minus squiff wood Dunkin Donuts restaurant with a drive-through window and 30 parking spaces are currently located on the lot the applicant is proposing to construct
10 two-bedroom apartments in five duplex buildings located on the undeveloped portion of the 2-acre lot each duplex building is proposed to be 2,441 sare ft and contains two two-bedroom apartment units proposed at 1,174 FT and
1,267 ft respectively the applicant is proposing several changes to the existing driveway entrance and parking lot layout to accommodate this new use specifically the driveway entrances will work will include New Vertical Granite curbing where missing along the site Frontage
approximately 56 ft of the sidewalk repaving along the site Frontage south of the existing curb cut and curb ramps with tactile warning P panels for pedest pedestrian Crossings both existing site aprons will be removed in landscape to eliminate those potential access
points meanwhile the parking lot layout modifications will includ the addition of six new angle parking spaces on the south side of the Dunkin Donuts building this addition of three new parallel parking spaces next to the existing parking Island changing the existing 15 parking spaces on the Northern portion
of the site to angle spaces Additionally the applicant is proposed to is proposing to reduce the number of seats inside the Dunkin Donuts restaurant from 26 to 18 and therefore reduce the number of parking spaces required for that use to 18 spaces the new and reconfigured
parking spaces will provide a total of 39 parking spaces to accommodate both uses on the site the applicant is proposing to install a Nitro denitrification septic system to serve the new residences and the Duncan Donuts restaurant although
there were no letters of opposition received during the board's public meeting several ab's voice concerns related to the new residential use to proposed screening for their properties and the anticipated Demand on the property to address these concerns the applicant increased the number of proposed trees to a total of 92 58
screening trees 20 flowering trees 14 shade trees reduce the size of the proposed play area to leave more buffer for the residential abuts and shifted the fencing around the play area away from the budding properties leaving room for existing and future plantings town of fouth departments have reviewed and
commented on the above mentioned application the planning board finds that the applicant has adequately addressed the comments the planning board's review and approval does not include building code and Zoning review and the board defers to that build to the Building
Commissioner conditions the plan shall be constructed as approved Street opening permit the applicant shall obtain a street opening permit from the Department of Public Works engineering division the project shall not direct any storm water runoff to public property about is are public right
away the uh erosion sediment control construction of this project shall follow the town's soil erosion and sediment control standard conditions utilities any connections or alterations of public utility shall require permission from the appropriate Town Department the applicant shall see
the engineering division for add dress assignment for the new buildings prior to applying for a building permit the project shall meet all applicable standards set forth in the building code as determined by The Building Commissioner laps pursuant to section
2401 12.2 of the zoning bylaw this site plan review decision shall elapse three years from the date from the date it is granted if substantial use there thereof has not sooner commenced except for a good cause
the determination good cause shall be made by the planning board second and I'd also like to make a comment for our viewing public that the entirety of the decision is available in the planning office for them to see very
good okay made and seconded all in favor all right I I opposed oos one opposed we got two opposed two opposed two opposed yeah interesting
[Applause] okay um can I make a comment on also on uh some time ago we changed um by the board's request from Reading entire uh findings of the entire motion
um into the record because much of it is standard language so that locating identifying the project is very important so that people here and on TV know exactly what project we're dealing with some general description of where it's going to be so that they know that
any any findings that seem to be particularly important for instance the number of new buildings the number uh the change of of use that would be important but much of it is standard language and great interest to the applicant to the applicant's uh uh
professionals working with them to the planning board to the Building Commissioner but not necessarily to the general public so we tried to cut down on the length of time it took to read the motions and I see it creeping back up particularly when I look at the standard conditions they're all the
standard conditions so I'm just asking you to keep that in mind next time around I think the waivers are important but most of the stuff the standard stuff I don't I think it's important so what's
important in your process is that you understand that standard conditions to you are knowledgeable but to the public have no idea what a standard condition is that's why we try to ESP especially with the conditions make them for the
most part readable into the record um because of that very fact so your role is to ensure that the public is aware of how you're making this decision and some of the requirements that you are placing onto the decision correct but the exact
and I think public education is a very important role for the board that's quite true yeah but for example it would be enough under standed conditions if you take a look at them to say standard storm water conditions um to name the kind of condition and the general gist
of the condition without having to do all the exact language it just isn't necessary and I I don't actually think it's Effective Education either because it's being read rather quickly fortunately um and into a record I don't think people listening can actually take
it in I agree with that I don't even take it I've already read it so many times it's we happy to work work it through with you thank you yeah thank you as you know I'm a detail guy and we're we're
grateful somebody needs to be so this I did edit some of it it's hard it's hard to select which ones are important enough to read and which ones aren't but happy to work through that with you thank you okay moving on I noticed that creep too
I was wondering what was going on just you know everything is turning blue okay moving on next we have a series of decisions the first one Steven Marsh definitive plan application to create a three lot subdivision at Z Barnstable
Road um and we have that uh ready to go Bob's got to queued up Bob you you sure you want to keep reading can trade around yeah uh draft February 24th 2025 motion that the planning will votes to approve on the application of Steve
msh art under Article 4 definitive plans chapter 305 subdivision regulations of the town of Falmouth a three lot definitive subdivision plan located at zero Bible Road assesses possible ID 26049 a0000 with the following findings
waivers and conditions the VAC the 9.6 78 the 9.76 acre pel is vacant undisturbed land located zero Bible Road at the end of Kataba Lane in East fet the property is located in the agricultural a a zoning District coaston
woy Bay overlay District Water Resource protection overlay district and the wildlife C overlay District migration Area 1 on May 1st 2024 the applicant submitted a def definitive subdivision plan application with the planning board for the creation of the three lot
subdivision located at zero Bible Road 26049 a002 of the three newly created properties p a and APLE B will remain undisturbed and be restricted for from future development through a conservation restriction while the remaining property lot one will be
developed with a single family home roadways and sideways access to lot one will be created by extending the existing 19t wide private paved kisac roadway Kataba Lane by approximately 140 ft and terminating in a t- style turnaround the applicant is proposed to
match the existing roadway characteristics of katabo Lane to 9ot line put by binous concrete travel Lanes with 6 in firms on either side and no sidewalk for the extension board finds that the proposed improvements will be
adequate for the proposed use of lot one in a standard subdivision roadway would be inconsistent with the character of the [Applause] area drainage the definitive plan includes the extension of the town's 8 in water M and Kataba lane from its
current Terminus at the end of the proposed T turnaround the installation of a fire hydron at the T turnaround area underground electric and Communication Service and a stormw infiltration system Wastewater Municipal sewer service is not available for the area therefore the applicant will need to meet the requirements of the Board of
Health for Wastewater collection and treatment the planning board did not receive a report on the board of health as required under GL SE 441s 81u within the statutory time limit therefore the Board of Health approval is by failure is a is by failure to
report uh as this roadway extension does not meet the town subdivision design standards Municipal snow plowing and trash pickup it will not be provided the applicant provided testimony of the public hearings that those service would not be required in the future waiver section 3051 C3 Traverse
tables section 305 24b with alignment and grades section 305 24c Street crosssection section 3053 sidewalks grass plots and Street trees section 30534 street lights
conditions Covenant prior to endorsement of the definitive plan a covenant or Bond ensuring completion of the roadway and utility shall be submitted to the planning board for approval utilities installations of proposed water main and Associated hydrant shall be approved by installed under the direction of the
Falmouth water department and Fire and Rescue Department electrical service the electrical service for lot one shall be placed underground shall installed per the specific utility company standards erosion Inc and control the project to comply with the town's soil erosion
inment control standard conditions Street opening permit the applicant shall obtain an approved driveway permit or Street opening permit future subdivision no further subdivision shall occur without a modification of this decision by the fet planning
board rights of others the board's approval of the subd division plan does not constitute and should not be deemed by or construed as an approval of any activity which may interfere with or violate rights of other parties preconstruction meeting specific
condition storm water management permit the applicant shall file storm water management permit and fee with the Department of Public Works engineering division prior to any land disturbances conservation restriction possible a and possible B shall be protected in perpetuity through a conservation
restriction in accordance with Mass General law see section uh4 section 3235 the conservation restriction shall be recorded at the possible registry of deeds and a copy of which shall be provided to the planning board
second I have a question second discussion I heard something that I don't think we ever discussed before at least I never heard it I don't think I've missed any meetings but we're not providing snow plowing and trash pickup and we do that on private roads throughout the whole town I've never
heard that as an exemption before and I don't remember being discussed at this meeting where did that come in is that something that was added without discussion Jim we don't provide it on private it's always been true they provide it if they can and if they come what if I may I know plenty of
private roads yes you're you're wrong when you say that okay ours is a private road it's been plowed for years but the newest ones that we've approved this language I have never heard it discussed and it's it just been been put in to a decision and I disagree with it and I
just how does that happen one reason maybe we should read these things answer so it was included in the engineering referral um dating back to the original proposal so it was as you know there's a lot of information in those engineering
referrals um but it's because the applicant isn't proposing the roadway to meet Town standards so anytime that the DPW sees that or the engineering division it Flags it and says because it doesn't meet Town standards Services
would not be provided now um because of that I reached out to the applicant made sure that he was um okay with that and he had indicated that it is he had spoken to that in previous meetings before the there's thousand
hundreds of roads in SEO Shore some of them are dirt they don't meet Town standards at all and we pick up trash and snow plowing them correct and we always have and I they're old they've been there for a long time absolutely and you're right there's plenty of examples in town where we're currently providing
those services this is a new directive um that the DPW is enforcing now because there are so many issues with those private roads um in town so from that point forward and it was part of Peter mccc's update to the select board not
long ago meet Town standards you can get these Services if you don't the DPW is enforcing this okay it's not just a recommendation they're making the decision to do this not us correct correct so I thought it was our decision I didn't realize that that was their decision well we're mistaken it's fine
so what we do is we work with the applicant in every situation and we say look if you want these Services then you just need to meet Town's standards and the applicant has the ability to do so to do that if they want yes and they can wave these Services if they if they so choose by just not having Town standards
but we make them aware of it we just sorry we just ran into it did the the previous subdivision that we were dealing with uh on Lewis Street so so so what are the standards 18 ft withd and sidewalk is that what standard is 22
ft wide and that's inclusive of two 12-in BMS on either side okay and that's what they have to do to get trash pick up correct and is importantly snow plowing snow plowing yeah right snow plowing they have to meet the town's subdivision standards and you know again
in this case they they just didn't meet that and going to enforce that on all the other streets in town that don't do that isn't that kind of a selective enforcement I don't think that they're going back I don't want to speak for DPW but I my understanding is that they're not going to go back to the ones
that are currently getting the services and say you're no longer getting it however there are some circumstances as as Peter mentioned at at that briefing with the select board that they have to enter into these private ways that folks have allowed the vegetation to grow in
they've allowed potholes to form and it damages Town equipment and they need to make sure that they are able to get a plow in there so do we plow was it Tower how the road in West Falmouth and do we do trash pickup on the on we just approved a lot there Fire Tower Road
Fire Tower Road I don't really disc could we could we stop this okay I was just taking it back I hadn't heard this discuss before I think we've now covered it sufficiently so we can understand it and how it originated and why it's being done but I think we ought to get back to
business we I just hadn't heard it discussed okay we've got a motion it's been seconded have we completed the discussion is there anything else about the motion you want to talk about no in that case all in favor I I okay six
unanimous rather than two uh to four moving on um James S Hall on behalf of P Priscilla Jay win trustee definitive plan mod ification application to make roadway and utility improvements at 045
Hall Lane and 345 old Barnstable Road um so Bob are you still willing yeah sure okay here we go I was a teacher remember I talked all day yeah um we know now that that the the
part marked in blue to read is going to be reduced so if you see an opportunity as you read and it's easy for you you could do that that also yeah and uh they're going to be in red from now on so it's least for me oh okay okay draft
uh February 23rd 2025 motion that the planning board votes to approve the application of James S Hall under Article 4 definitive plans chapter 305 subdivision regulations of the town of fouth to modify a three lot def definitive subdivision plan located Z
and 45 Hall Lane and 345 Old bondable Road assesses possible ID 28 08002 002a 28 82003 288 002
001 with the following findings waivers and conditions the 5.6 acre three lot subdivision is located in the agricultural a AA zoning District the coastal Pond o bournes Pond overlay district and in the wildlife CA overlay District mitigation Area 1 two of the
Lots originally approved by the planning board in a definitive subdivision plan decision on August 15th 1989 lot one of or 345 o old boun Road and lot three or 45 Hall Lane have been developed with single family homes while the rest the
rear lot lot 2A or zero Hall Lane is currently vacant UND dist the 1989 definitive subdivision plan included a note on lot 2A that read lot 2A not to be built upon until the road is constructed to subdivision control off
standards the uh subdivision plan modification application with the planning board to modify the 1989 decision by removing the note on the approval plan which will allow lot 2A to become a buildable lot uh that was on December 11th 2024
um the applicant does not seek to further subdivide lot 2A rather the intent is to develop said lot with a single family home Lot 1 345 OB bonso Road and lot three 45 Hall Lane shall remain unchanged the current applicate
applicant intends to keep the roadway gravel extended to lot 2A and improve its conditions add two foot grass shoulders on both sides for the entire stretch create a t- style turnaround at the Terminus and to clear back vegetation along the entire radway to
provide an unobstructed horizontal width of no less than 20 fet in an unobstructed vertical clearance of no less than 13t 6 in the board finds that the proposed improvements will be adequate for the proposed use of lot 2A in a standard
subdivision roadway would be inconsistent with the character of the area uh the definitive plan modification includes the extension of a 2in town water service through a utility easement from Putter Drive the abing subdivision to the north additionally electric
service and natural gas will be extended from their existing Terminus on Hall Lane to lot 2A to serve the future single family home although not required by the town's water department or the fire department the applicant intends to install a fi hydrant at the end of the roadway extension in the area of the tea
turnaround Municipal sewer service is not available in the area therefore the applicant will need to meet the requirements of the Board of Health for Wastewater collection and treatment the planning board did not receive a report from the Board of Health is required under GL c41 s 81u within the statutory
time limit therefore the Board of Health approval is by failure to report as this roadway extension does not meet the town subdivision design standards Municipal s snow plowing and trash pickup will not be provided waivers section
305 D1 C2 profile plan section 305 11 C3 Traverse table section 3051 C4 drainage analysis section 305 11 C7 impact state M section 3052 definitive plan
requirements section 30514 environmental impact statement sections 30524 b1b and 30524 b1e with alignment and grades section 305 24c Street crosssection
section 305 24d 2 dead end Street length section 30524 D3 pave turnaround section 30524 F drainage section 30530 sidewalks grass plots and Street trees section 30531 utilities section
30534 street light Section 30535 Street and roadway construction conditions Covenant prior to endorsement of the defini plan a covenant or Bond ensur completion of the roadway and utility shall be submitted to the planning board for
approval utilities installation uh proposed Water Service extension the fire hydrant shall be approved by installed under the direction of the F fire department and fire rescue Department gas and electrical services the future gas and electric services for law 2A shall be placed underground and shall be
installed for the specific utility company standards erosion and sediment control the project shall comply with the town soil erosion and sediment control standard conditions document for the subdivisions no further subdivision shall occur without a
modification of this decision by the fouth plan board rights of others free con construction meeting parking in a te turnaround at no time shall parking of any Vehicles be permitted within the T turnaround at the
area at the end of the road well roadway roadway clearance an unobstructed horizontal width of the less than 20 foot and an unobstructed vertical clearance of no less than 13 feet 6 in on Hall Lane shall be maintained at all times in perpu wildlife card or
maintenance any further development on lot 2A shall include consultation with the town's Marine Environmental Services therefore division before any land is deservance of issuance of a building for second any discussion yeah I have the
same discussion there's houses on Hall Lane is a non-conforming road it doesn't meet Town standards there's houses there that currently get trash surface and snow plowing you going to tell them they no get it anymore well I'm not 100% certain that they're getting those Services um
currently well we should check because I I think this is a problem that's I I think there's a lot of people that are I think this is an issue that we we missed I missed it there's tons of I mean it's a
little dirt it's they're not changing it's it's a non-conforming road and I'm pretty sure if they're not these people are going to be dragging their trash cans way out the sandwich Road okay I'm I understand I I think it weren't more
of a conversation than just allowing it to be slapped in I'll let it go for now but I like to discuss that and know how big a problem this really is maybe it's only one or two streets but I tell people all the time because private roads you're paying taxes you should get the same services and I say that to my
real estate clients all the time and now I'm going to say no more and that's I think it's a big change I missed it I should have caught it I wonder if the trash trucks have something to to do with it because of the mechanical arm and the requirements for height and all that um it's also it's the dpw's I see
the trash truck back down Pin Oak Way Every Morning okay anyways right we'll add it to a future agenda item yeah yes I think a future agender item it's an important issue it does matter to a lot of people I live on a private road I would be affected by it so I agree it's
if they don't follow your road how would you like to have to pay that all the way to the main road to carry trash all the way out they don't plow my road but they do the trash so I think it varies and what I heard is they're not going to change what they're doing now for existing situations but in new situations which this would be then they
might start enforcement but it has now become an agenda item for discussion okay so we can go forward I I apologize for not catching it earlier I know it's been in all the reports I just skipped over it I'm I'm glad question come back I have a question yeah uh is snow
plowing and rubbish removal in our purview we're taking it away well if it's our per if it is not in our purview I don't want to discuss it I don't have a meeting about it I don't I don't want to spend my time on it I don't think it's in our purview when
you're considering a definitive plan I believe it's in your purview because it is a town service that these new residents would um uh essentially EX expect if you will and you're creating a new roadway and so it's important for
the applicant to understand that there are certain Town Services according to the town that would not be uh eligible for this current proposal unless they meet the town standard so I think it is within your so during site plan review
if a non-standard roadway is part of the site plan and is going to go forward they should understand that they're not going to automatically get Town services on that road not by implication it's for subdivision right but for only for
definitive subdivision plans right not for site plan review so I I don't believe it's I I believe it's up to DPW to decide which roads do and don't but we should put in our decision what that is if it is or isn't to clarify what DPW
says through the referral right so the referral comes through from DPW essentially the engineering division who is responsible for maintaining a list of ways that they do plow and create uh so we will continue to see this language M because we determine access and
sometimes the DPW doesn't even get involved on a road that we say is accessible and that the building can put a building permit on and it get built and it doesn't even have to go to these guys I I think Charlotte's right we'll put it on our future I'm just saying
there's there's more here then that's why we're going to put it on another agenda so is there a discussion that doesn't involve that question in which case let's go ahead it's been made and seconded all in favor I okay another 6
to zero moving forward our next um decision will be about Patrick and Sal's application a site plan review application to construct a detached accessory dwelling
unit at 339 brick Kil Road okay uh February 21st 2025 motion that the planning Bo votes to approve the application of Patrick Gonzalez to permit an existing detached accessory dwelling unit located at 339 brick Hill Road under Section 2401 12.2 site plane
review of the zoning bylaw with the following findings and conditions the property the unit will be 22.8% of the principal dwelling which complies with section 249.50 of the zoning bylaw the submitted
site plan shows a paved asphalt driveway for the principal dwelling and a gravel parking area for the accessory dwelling unit which together provide the necessary parking space for both structures architectural style and building elevations floor plans the
applicant demonstrated that both a principal dwelling and the accessory dwelling unit predate the adoption of the Water Resource protection overlay District therefore according to section 29.1 c 8 of the zoning bylaw the applicant is permitted to retain the current bedroom account on that lot but
cannot increase that count in the future without connecting to the town sewer system or installing an Innovative alternative septic [Applause] system there were no letters of oppos opposition receive or comments made during the board's public meeting
planning board finds that the applicant has adequately addressed the comments board's review and approval does not include building code and Zoning review and the board defers to the Building Commissioner conditions the plan shall be permitted
as presented and approved any changes shall be reviewed by the planning board to determine if a modification of decision is necessary standard condition storm water standard condition utilities standard condition addressing the applicant shall post the address for this building per section 991 of the
town code building code the building uh the project shall meet all applicable standards set forth in the building code as determined by The Building Commissioner standard condition Adu rental Adu rental rental period shall be
not less than 6 months in weekly monthly payments so so-called summer rentals are expressly prohibited lapse pursuant to section 24 2.2 of the zoning bylaw of the site plan review decision shall lapse three years from the date it is granted if
substantial use there of has not sooner commence except for a good cause the determination of good cause shall be made by the planning board second made seconded any discussion you recall that we complemented um him on Mr gonalves on a
very nice application all in favor I done moving on um now we come to the applicant Joseph F Al site plan review application to construct an attached accessory dwelling unit at 7 Carlton Circle
B is still going yeah uh draft February 20th 2025 motion that the planning board votes to approve the application of Jose FS for converting an existing attached twocc car garage into a one-bedroom accessory dwelling unit located at 7
colon Circle under Section 240 12.2 site plan review zoning bylaw with the following findings and conditions the applicant is proposing to convert the attached twocc car garage into a one-bedroom 450 accessory dwelling unit the unit will be
28.6% of the principal dwelling which complies with Section 2491 C5 of the zoning bylaw the submitted site plan shows a paved asphalt driveway which provides the necessary parking space for both the principal dwelling and the accessory dwelling
unit there were no letters of opposition received or comments made during the board's public meeting the applicant intends to remove a bedroom on the second floor of the principal dwelling by removing the door and creating a 48 48 in case opening to
comply with Section 240 9.1 C of the zoning bylaw the planning board's review and approval does not include building code and Zoning review and the board defers to the Building Commissioner the the board finds that the information
provided by the applicant conforms to all the requirements of section 12.2 of The Zing bylaw the plan shall be construct conditions the plan shall be constructed as approved any changes shall be reviewed by the planning board to determine if a modification this decision is
necessary standard condition storm water this project must not direct any storm water runoff to public property Butters or public rights away standard condition utilities standard condition addressing the applicant uh uh the and shall post the address for
this building Pro section 99.1 of TI code standing condition building code the project shall meet all applicable standards set forth in the building code as determined by The Building Commissioner standard condition Adu rental period shall not be less than 6 months and weekly monthly rentals
so-called summer rentals are expressly prohibited condition standard condition s laps pursuant to section 240 12.2 of the zoning byw the site plan review decision shall elapse 3 years from from the date it is granted if substantial use thereof has not soon a commence
except for good cause the determination of good cause shall be made by the planning board second discussion anyone wish to comment or ask a question if not all in favor I I and
Mr 's proposal is approved come to our last um this is uh an applicant by David Clary site plan review application and construction a detached accessory dwelling unit at 14 Inlet Lane
M ready ready draft February 21st 2025 motion that the plan board votes to approve the application of David clear for the construction of a detached one-bedroom accessory dwelling unit in a portion of an existing detached garage located at 14 Inlet Lane under Section
241 12.2 site plan review zoning by law with the FI following findings and conditions the applicant is proposing to construct a two-story 768t one-bedroom accessory dwelling unit within the detached twocc car garage
this new dwelling unit will be located next to the garage space and will include living space on two floors the 768t accessory dwelling unit will be 14.9% of the pr principal dwelling which complies with section 249.50 of the zoning bylaw the submitted
site plan shows a detached twocc car garage and a paved asphalt driveway which provides necessary parking space for both the principal dwelling and the accessory dwelling unit the existing septic system is suitable for five bedrooms and an Innovative alternative septic system is not required as the lot
size exceeds as the lot size exceeds that requirement threshold architectural style building elevations the architectural effect is incidental too on the same as character as the existing primary there were no letters of opposition received nor comments made
during the board's public meeting the town of Falmouth departments have reviewed and commented on the above mentioned application the planning board finds that the applicant has adequately addressed the comments planning board's review and approval does not include building code and Zoning review and the board defers to that to the Building
Commissioner the board finds that the information provided by the applicant conforms to all the requirements of section 240 9.1 and 240 12.2 of the zoning bylaw conditions the plan shall be constructed as approved storm water the project must
not direct any storm water runoff to public property but is are public right away utilities any connection or alterations to Public Utilities would require permission from the appropriate Town Department standard condition addressing the applicant shall post the address for this building per section
99-1 of the town code standing condition building code the project shall meet all applicable standards set forth and the building code is determined by the by the Building Commissioner uh standard condition Adu rental rental period should not be less than 6 months and weekly monthly rentals so-called summer
rentals are expressly prohibited and standard condition laps are to section 240 12.2 of the zoning bylaw the site plan review decision shall last three years from the date it is granted if substantial use thereof is not soon to commence except for good
cause the determination of good cause shall be made by the planning board second any discussion no all in favor I I and that is approved and Mr Curry that um clears us of our
regular business and we're now to uh discussion um planning department report thank you madam chair so we're happy to report that the uh final version of the open space and Recreation plan was submitted to the state for
their review and consideration and fingers cross approval uh we have re received some back and forth um but uh I believe that we're in good standing so uh we're hopeful that uh that review will be done just when we're approved
what does that make us eligible for um well first and foremost uh a park Grant which I am neglecting to know the um acronym what it stands for but it's um acquisition essentially um state grants
that uh allow the community to purchase uh land with money that is allowed by or provided by the state right that's first and foremost and then of course um other state grants that we might be able to refer to the open space plan in support
of but primarily it's what enforcement value once it's approved and that's the town's approved plan what enforcement value does that have for anybody proposing to do something um I'm not sure enforcement
value is the right term think it would I'm not sure either but you know what I mean do people have to adhere to the plan it's not necessarily a um um regulatory type uh plan it is aspirational so similar to the local
comprehensive plan it's these are the um objectives and uh actions that the the town wants to take in order to increase the amount of conservation open space but also make our current recreational um spaces more accessible
and uh include uh additional numbers of right so it's it's a vision plan for the next seven years so the three boards should be well aware of it yes and so once the final plan is approved we will provide you a copy a final copy of it all right and maybe a walkth through
exactly I was just think that with the zba and the select board people who would be making decisions that would actually effectively you know get some adherence yeah okay great more uh yes so today today we just received our draft wayfinding plan from the cape C
commission so we'll be going through um that plan in you know fine detail making sure that uh they've Incorporated all of our comments to date and so we anticipate having a final plan likely mid-march so we're excited about that um
and of course we're working on a number of zoning changes for the November town meeting and so those are some of the things I wanted to bring up under the future agenda item category because there are a slew of uh potential um zoning amendments that we may want to
consider in the near future so um obviously we're working on that and then the last item is um we're looking for and I think we found a potential Grant Source uh grant funding source for uh LCP update so um I anticipate us
submitting a an expression of interest to the one stop for growth program to ask for a monetary amount that would get us started on on an update of our LCP that's excellent news very good thank you you're welcome yeah nice hard it
work okay committee reports so are we really miss Paul do I talk about the rec the rec committee here as well my member well last night the rec director uh Julie tinum presented the need for new fees for
summer camp and pickle ball use uh and it was approved uh at last night's select board meeting that's it okay um I'm not sure this is actually a committee report it's more of a continuing interest you know um this
board initiated uh planning for um bringing some sort of regulations around short-term rentals here in Falmouth and it moved on to the select board the select board received from the town manager I believe uh last night a
uh a draft of the charge to the new um task force I don't know what they're going to call it committee the new committee on uh short-term rentals it's to be a seven-person board um committee and several of the
seats are um ascribed to a select board member and to a member of the public and so forth so that some of the seats are already there there is not a seat there for a planning board member there is there is May I read um from the draft
please document uh it was in the select board packets so says the composition of the committee shall be as follows one member of the select board one member of the planning board one member of the Board of Health one licensed realtor and two at large members who are registered
voters of the town of pal wow the fire in my hair just got put out you're welcome thank you okay so that's a good report can you go over that again the the two R read it yeah just I I I got the planning board
all the ones but the open ones oh uh so it was one licensed realtor after the board of health and then two at large members who are registered voters of the town of f okay so essentially anyone as long as you're a registered voter okay yep so importantly if I may
I'll just go on the next sentence it says the select board planning board and Board of Health shall each select their appointees from among their members and the remaining members shall be selected and appointed by the select board in accordance with select board policies so is there a deadline uh there doesn't
appear to be one here um but I think it may be warranted to put it on for a future agenda item right that you would select okay um The Correspondents we're uh have seen here it's right here in your packet
about the cptc annual conference how many of you were really stymied as to what cptc is or did we already know we see this every year thought it was a Russian okay so tell us what it is it's just a training package that they
they do around site for all the different things going on planning okay this is a citizens planning and training commission I guess collaborative collaborative but it's usually made up of a bunch of the Nate Judy Barrett other people we see all the time it's basically the planning Community running
training prr yeah so that's I mean I didn't know what the letters mean but we're very I'm very familiar with look at the names there uh yeah you see every well we see our own Tom bot I also saw Judy Barrett on just about every single one number of them
yeah oh she was before my time it's on the IDS of March but any anyway Our Town planner and assistant Town planner are planning to go it's only one day and it's right up there near Worcester so it wouldn't be difficult for people to go and I think it looks interesting so of
course it's our own $95 if we want to do it we don't have a you're both going to be gone out of the office the same day geez it's a Saturday Saturday oh it's a okay they're giving the ch right there of Saturday okay we right but I think that there's a lot
given you the day off you know there's there's a lot of good um sessions here for that one day so U I'd encourage folks to attend and you know selfishly I'm going to attend so I can get my CM credits but also learnfast it can't be avoided you could
learn anyway it looks like a good day yeah I'm going to take that one home with me never can't tell um we didn't get any general correspondents Noe oh you wanted the future agenda item so Tom said you had a few sorry because we've been collecting them any other future agenda items that
we want just my housing brainstorming session still well yeah you know what we could in fact want that the housing brainstorming session yeah he's task force report did you see it no I Haven on it no let's let's do where can I get
a copy of that I saw it in the globe Pat saw it in the Cape Cod Times I haven't seen it yet but I'm sure we can find it for you we can send you send it to you via email or it'd be great if you could that'd be great yep you can email it to you if the
leg well we can discuss it then not now you know I would like to have um some insight on it too because a few years ago there was some radical changes on uh how the state approves housing issues that really impacted the real estate industry and how the two-thirds vote
went away from town meeting and a lot of you know there's some huge changes I wonder is this and we it was reported to us that it was uh I know it was gone to pass that there was huge support for it and we really really wasn't worth fighting and that was the case it won by
a a landslide but it was a pretty big change I'd like to get a some feedback on how serious this is because this is even more dramatic if what I've just heard a little bit of I mean like uh we have plenty of two or three acre zoning in this town what's it going to go down
to 20,000 Square ft well we'll get it when we see exactly what has been proposed but this is way I read it it's a huge step of the state lifting off of local local rule on most of their land use issues lifting it up to the state big
big big change taking it away is another way of saying the same thing right yeah right so it it will be very important to F us I guess I want to know if it's worth arguing about if it's a done deal I just forget about it but we'll spend
some time reading it I'd like to have an understanding because the last time there was this drastic you know our board said don't bother fighting it there's 99% of the people are going to vote for it and it was it was really a done deal I doubt that that will be true for this one I really doubt
it okay because we've got problems that cannot be solved me we've got sewage problems we got water problems oh I agree you can't do this kind of thing here and still maintain any viability for the case well that be the Practical problems but
that you don't want to do it is going to be the overwhelming screaming every suburb in Massachusetts is going to talk yeah we're impacted a lot more too because how much Waterfront we have right Conservation Area okay so that's a future agenda
item so if I may I just wanted to go over some of the future agenda items that we have on file so right we've got the um housing brainstorming session um part of that that um I guess could
involve a discussion about adus its impact on our zoning bylaw and some of the changes that we anticipate having to make because of the changes with the adus so we can get into that at a at a future time some of the other items that folks have approached me personally
about were tiny homes and um the impact of the seasonal Community designation might have with impact of what seasonal the seasonal thank you y and then uh the starter home bylaw so that is Master General law uh
chapter 40 y so that again it's it's a similar version of 40 Rish in its sort of skeleton but we can get into it at at a later date but those are some of the housing um initiatives that we could probably have during that discussion
we've also got TDR uh so you wanted to talk about that I've got lighting standards yep parking and then of course the snow plowing and trash pickup so that's our list of future agenda items that that we're aware of if we miss anything let us know
something that we might want to contemplate um is that's quite a list we've built up it is yeah and the way meetings go um by the time we get to the discussion items everybody's kind of uh ready to call it a night yeah I wonder
if we want to remember we discussed long ago that we would have an extra meeting if we felt we really needed one do you think that we should be scheduling an extra meeting this spring to get going on this list I I would like to have a meeting where we do just discuss things
that are on our future agendas without all the other business that goes on yeah I like they deal with them all at one time yeah yeah because I think the top priorities are the the housing and the uh transfer development rights because we've been talking about TD for y 15
years at least and not getting to it John you're the only person not signaling an answer I think I have a different view on housing than some of the other people on the board so that's why it's good to have you here in part of the discussion of course so when we discuss this we'll discuss okay discussion right now is should we have
an extra meeting where we have only discussion absolutely yeah okay of course good um so just up that Avenue is the fact that your next meeting there are no active applications for you oh
so March 11th right now we have nothing on the agenda okay well them so it could be an opportunity to setup too smooth was a little too smooth who wants to do some reading you speed on on the on the
state's housing Productions plan or whatever the term is yes yes pretty pretty uh intensive I mean I will do my best to summarize every everything within this list yeah and if we get that report beforehand too I mean that's a lot of
work maybe some things I don't know about all of the things we might be here till midnight yeah we wouldn't be able to do all of them but yeah okay that's good yep of course something could come in you know the only thing that could come in that you would be able to hear is an
Anar ah because that's the only thing that would fit that time frame right yeah okay then we're good did you ask there announcements I don't remember I didn't yet oh okay right are there announcements I don't have
any in that case Paul's not here a motion to adjourn no move all in favor did I miss my time the general question from the public I came in two minutes late oh I'm sorry in fact I've wondered about that yeah I just want to
ask a question he missed it but I think we should he's been sitting there for an hour or two and it was very interesting actually a few of the details come to the come right here you need to come to the mic and you need to give your name
and your topic okay great my name is uh Tom dignis I'm actually a town member from uh from uh District uh Precinct 3 out in acap pescat area and my um my question is really precipitated from what Mr Fox started talking about
tonight uh I too live on an unimproved road but it is a Town Road it is plowed and it uh and it has trash pickup but um I personally am fighting a constant battle to fill in potholes my other
neighbors don't so I take care of the potholes for them too and I I'm constantly asking um other residents um would you be willing to get this road paved and they say yeah yeah
yeah yeah just do it and but they don't want to pay for us to do it privately so here it is the Crux of the question is um how do I get it paved and what does what's the town function on this do I write you guys a check uh I mean we we
can't even answer that this because of this session you're only allowed to pick things on the agenda and we can't discuss it with you that's why afraid those people over there have that's where you go they'll go to see they have answer for you I think I've already had a couple correspondences with with Jed
and I know that that it's a town public hearing and that you know I can't even approach you guys directly I think so I'll just I'll just ask J well can can you answer that tonight or should I have to do it separately yeah I would suggest that we do it separately fine no no worries and then the the other one the
other question that I had um again you may not be able to answer this um I have noticed that three of the seven board members terms expire in 2025 one of my neighbors is a great candidate and I'm just trying to get him
to do it but he's saying you know if these people are going to run for reelection I want nothing to do with it I'm not going to go out not going to get 50 50 signatures to do it and I realized this may be a really insubordinate question but has when do we find out if people
are running for office at the end of their term maybe that's another question only Jeb gets you asked the town clerk who has taken papers yeah okay so that the town clerk will know by a select time we don't know but the town clerk will know because you have to taken your
papers out by March 21st I think you could start taking them out today right yeah I think it was today yeah yeah so nobody's willing to just tell me if they're going to run again you know of the three I am you are oh good well that's great and I won't report it to the Enterprise it's probably reported
already oh come on no I haven't taken my papers out yet yeah I am as well you are going to rerun yeah and and I think perhaps you yourself are no it's Paul and he's not here tonight well I I think my neighbor will probably not want to
run against you so see that's strike all that from the no there's encourage them there may be one serious yeah I'm I'm serious I he's he's he's a great guy he's a building inspector been doing it for years in Fair Haven and out out in
Nantucket and he really he knows what you guys do I think he just started his campaign yeah but well that's what I'm thinking of doing is I can help him get some get them help him get some signatures up sure thank you very much for being that candidate I won't hold you to it it just helps me a lot to try
and convince a guy to get involved he's been a resident in this town for 20 years and he's just done all his efforts elsewhere in other towns because that's where he gets paid where he is to make another comment please to your question
and that is encourage him to run I have always felt that to have a true choice of the town you need to have more than one candidate but we only get one candidate every time I with you 100% I mean I think I've been on the board like
bothers me run years now or whatever it is right 24 is it 24 something like that 2001 I think oh yeah now they keep electing me I don't want to keep you any longer you know you got real business to do
and your family thanks bye so move to adjourn move to adjourn all in favor I I good [Music]