planning board to order. Today is March 17th. It is 6:30 and we are meeting at Palma Town Hall. My name is John Drooie. I am the current chair of the planning board. Before we begin, I would like to remind
everyone this is a public meeting and is being conducted in accordance with Massachusetts open meeting law. Please take a moment to silence any mobile devices or electronics to avoid interruptions. Anyone wishing to speak, excuse me,
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 dialogue during public comment periods. Thank you. And we'll now proceed to the
first item on the agenda, which is public comment. If anyone wishes to speak about something that is not on the agenda, please come to the podium and state your name for the record. All right. Seeing no one for public comment. Um, first item on the agenda is
the minutes for January 27th and February 10th, 2026. >> Mr. Chairman, motion to approve the January 27th, 2026 and February 10th, 2026 minutes as presented. >> Second.
>> Any uh additions? Okay. All in favor? >> I I unanimous. Thank you. >> Uh then the next item on the agenda is approval not required. Applicant is the town of Falmouth plan of land to combine two adjoining town owned lots
located at 525 Gford Street and 0 Gford Street map number 356008002 >> and for the applicant >> no so the plan conforms to the standards of ANR. >> Okay. >> So I suggest that you endorse. >> All right.
>> Vote to endorse. Move to endorse. >> Second. >> Second. Any discussion? All in favor? >> I. >> I. Unanimous. >> Next on the agenda, uh, planning board decisions. We're the, u select energy on behalf of the town of
Falmouth. site plan review application for installation of a carport mounted solar voltage PV system within the existing paved parking area at North Falmouth Elementary School located at 62 Old Main
Road. >> You have a motion. >> Yeah, he is to read the motion. >> Yeah. You want to read the motion, Tom? The red, right? >> You want to make sure it's this one, right? Correct.
>> We had this hearing previously and we're going to uh make a decision this evening. >> Motion that motion that the planning board votes to approve the site plan review application of solar energy on behalf of the town of Falmouth for a carport
mounted solar photovoltaic PV system to be installed at 62 Old Main Road under section 240-12.2 to site plan review of the zoning bylaw with the following findings and conditions. Findings.
The applicant is proposing to install carport mounted solo photovoltaic PV system associated electrical equipment and underground electrical conduit within an existing paved parking area at the North Fel School. The system will be
supported by structural canopy peers and will utilize existing site access and circulation. No building additions, site regrading, or expansion of paved or developed areas are proposed. There will be no change to the number of existing
parking spaces, parking layout, or traffic circulation patterns. All new electrical lines from the proposed PV system to the school will be installed underground. The proposed project will not result in any changes to existing drainage or
storm water runoff conditions. Storm water runoff for the canopies will discharge onto the existing paved surface and drain as it currently does. The existing lighting in the parking lot will be removed and new lighting will be installed on the bottom side of the
carport structure to shine down onto the parking area. Next page. The town of development departments have reviewed and commented on the above mentioned application and the planning board finds that the applicant has adequately address the comments. The
board finds that the information provided by the applicant conforms to all the requirements of section 240-12.2 of the zoning bylaw conditions. Number one, the plan shall be constructed as approved. Any changes shall be reviewed by the planning board to determine if a
modification of this decision is necessary. Number two, the project shall not cause erosion to or sedimentation into abuing properties or direct any storm water runoff to public property
abuters or public right away. Number three, any connections or alterations to public utilities shall require permission from the appropriate town department. Number four, construction of this project shall follow the town's
soil erosion and sediment control standard conditions document, which can be found on the engineering division's page of the town's website. Number five, the project shall meet all the applicable standards set forth in the building code as determined by the
building commissioner. Number six, pursuant to section 240-12.2 of the zoning bylaw, this site plan review decision shall lapse three years from the date it is granted if substantial use thereof has not sooner
commenced except for good cause. The determination of good cause shall be made by the planning board. >> Second. Second. Made a second. >> Yep. >> Right. Any discussion? >> No. All in favor? >> I >> I
>> I unanimous. Thank you, Tom. Then uh next on our agenda is excuse me. Excuse me. Uh public hearing. >> Oh, no. I know it's a decision. >> We have another decision.
>> Oh, you have another decision. >> Same thing all over again. >> Should we just vote it right away? >> I think we have to read it. >> This is for uh >> change the address and vote >> site plan review application for installation of a carport mounted solar
volt take PV system within an existing paved parking area lot C at Palma High School located at 1200 Gford Street Extension. Tom >> motion that the planning board votes to approve the site plan review application
of solar energy on behalf of the town of Felmouth for a carport mounted solo photo PV system to be installed at 1200 Gford Street extension under section 240-12.2 site plan review of the zoning bylaw
with the following findings and conditions findings. The applicant is proposing to install carport mounted solar photovoltaic PV system, associated electrical equipment, and underground electrical conduit within an existing
paved parking area known as lot C at the Felmouth High School. The system will be supported by structural canopy peers and will utilize existing site access and circulation. No building additions, site regrading, or expansion of paved or
developed areas are proposed. There will be no change to the number of existing parking spaces, parking layout, or traffic circulation patterns. All new electrical lines from the proposed PV system to the school will be installed underground.
The proposed project will not result in any changes to existing drainage or storm water runoff conditions. Storm water runoff for the canopies will discharge onto the existing paved surface and drain as it currently does. New lighting will be installed on the
bottom side of the carport structure to shine down onto the parking area. Next page. The town of Felics have reviewed and commented on the abovementioned application and the planning board finds that the applicant has adequately
addressed comments. The board finds that the information provided by the applicant conforms to all the requirements of section 240-12.2 of the zoning bylaw. Conditions number one, the the plan shall be constructed
as approved. Any changes shall be reviewed by the planning board to determine if a modification of this decision is necessary. Number two, the project shall not cause erosion to or sedimentation into
abudding properties or direct any storm water runoff to public property of butters of public right of way. Number three, any connections or alterations to public utilities shall require permission from the appropriate town
department. Number four, construction of this project shall follow the town's soil erosion and sediment control standard conditions document, which can be found on the engineering division's page of the town's website. Number five,
the project shall meet all applicable standards set forth in the building code as determined by the building commissioner. Number six, pursuant to section 240-12.2 two of the zoning bylaw. This site plan review decision shall lapse three years
from the date it is granted if substantial use thereof has not sooner commenced except for good cause. The determination of good cause shall be made by the planning board. Thank you. Second >> second.
>> Thank you. Any discussion? Really good projects both of them for the town of all in favor. I >> I unanimous. >> Thank you, Tom. >> And our next public hearing is a continuation.
Applicant is George Patello PT definitive plan application for two lot subdivision with associated roadway located at 500 Cary shop road. And for the applicant, >> thank you, Mr. Chairman. For the applicant, Michael Boriselli uh from the
firm of Falmouth Engineering Incorporated. I'm joined tonight by Brian Wall, attorney representing the applicant and George Batello Jr., uh, representing the applicant as well. This is a continued public hearing. If you recall, we made an initial
presentation to you. The definitive subdivision plan application uh essentially creates two new oversized lots and it also formalizes a road layout and up shows construction um
details that conform to your subdivision regulations uh to provide better access to the property. Um you may recall that the Felmouth Engineering Department issued a uh
referral with a series of uh comments. We made the revisions that were within we made the majority of the revisions that they recommended in the initial uh referral to you. We submitted the revised plans with a cover letter
outlining the changes that we made. Uh we did that in a timely manner. Uh and then the snowstorm came and you were not able to hold your your hearing. So it was continued tonight. Um there was a subsequent referral back
from the engineering department responding to our revised plans. Um and there were a few more outstanding items. We met with your staff to go over those. We met with your staff on two or
three occasions if I remember and we we worked out I think the remaining details. We made some final revisions to the plans, submitted those. Um and I think we've addressed all of the issues and concerns raised by the
engineering department. Um and the plans were revised in response to both of his referrals. We we continue to request the same waiverss that we originally requested. >> Sorry.
>> I think that sums it up. >> Well, >> um I'm going to turn it over to Attorney Wall to talk about the waivers and then we're both here to answer any questions. >> Okay. Thank you. >> Um good evening members of the board. For the record, my name is Brian Wall. I'm an attorney. I have an office in
Sandwich and as Mr. Borcelia says, "I represent the applicant tonight." Um, in the letter that we submitted with the initial application, we are requesting four waivers. Um, the first two I would submit to you are rather technical matters. Waivers from the requirement of
traverse tables in the perimeter survey and the fire alarm system. Um, Mr. Borceli explains to me because I'm not an engineer that doing traverse tables is kind of an old-fashioned thing that is superseded by computer technology today. And the fire alarm system, we've
kind of moved on from the, you know, the call box systems. The um town engineer has recommended that both of those be waved. The other two that we're asking for are from sidewalks, grass plots, and street trees, and street lights. And we
would submit to you that um first of all the board has tremendous authority and broad discretion to wave requirements when it's in the public interest. And in this particular project I would ask that you consider the waiver in the context of what's before you. So what the
applicant is trying to do as Mr. Boriselli said is to formalize and improve an existing road. Timothy Bourne Parkway is currently >> Excuse me. Can we have it on the board so we can see what we're talking about? >> Everybody here and at home too.
>> Sorry, I should have done that. >> Yeah. >> And I think people should realize that that's not a microphone in the sense that it makes it louder. You have to speak up so everyone can hear you. >> Yeah. >> Thank you.
Now that the plan is before you, you can see that what we're trying to do is in this particular area here, Timothy Bourne Cartway is an existing ancient way. It's currently used by Mr. Bortella to provide access to this parcel here,
which is not part of the subdivision, but it's currently used as a contractor's yard. and the access is adequate for his trucks and other vehicles that are going in and out of there for the contractor's yard purposes, but we don't know whether the dirt road would be sufficient for future
development of these parcels. There's currently no plans for lot A or B. But what Mr. Bartell Bautello is trying to do is improve this road here to formalize it while he has control of all the parcels around it and to make some
possible future possibilities. And that's why we're asking for the waiver of the sidewalks and the street lights because there's currently no plans to develop lot A and B. And we did mention this the last time and Mr. Fox actually had a question. Future development will likely require
coming back. There could be some limited ANRS, but any other kind of development will have to come back before you and we would submit to you it'd be appropriate at that time to see what that development ultimately might be and then condition that appropriately. So, we'd
ask that you wave these uh requirements for the time being and we're happy to answer any questions uh Mr. Borcelli and I or Mr. Bautello. >> Okay. Uh any questions from the board members? >> Not on that.
>> This is this a private I'm sorry. >> Just I just want to make sure that the notation that they if there is further development that we would reconsider the the two waiverss. I don't think we need it for this. >> We can put it as a condition. Yeah. Did it so it's there when they look for it
in the future 10 years from now. >> Right. Certainly. >> Good. Tom Melinda, did you find out today um from the water department? >> So I have not been able to reach them, but we did look at past plans and it was laid out the same way.
>> How far past? >> What's that? >> How far back did you >> Oh, the most recent one that we approved. Well, they allowed the water man to go on the side of the road, >> right? >> Correct. >> We looked. >> Yep. Your most recent subdivision, they had water man on the side, drainage in
the middle of the road. >> Which one was that, Jed? >> Sail away. >> Sail away lane. >> Lewis Street. >> No subdivision. >> Not the 40. It's the It was off of Lewis Street off. >> Okay. >> 11 lots.
>> Okay. We can look back at others if you want us to just >> Yeah, because I mean every I'll ask the applicant um why you want to put the water down the side of the road and not and and not the middle of the road and also why why are you setting the drainage up in the middle of the road to
me that's unusual. >> All right, so I'll I'll uh start with the drainage. Um the drainage uh was originally not in the center of the road. Um, we actually had the catch basins on the road and piped it off to the side into drainage structures that
would require uh drainage easements. Your own town engineer um made a recommendation that we not do that and that we put the drainage inside the road layout. Now, it used to be that in in
recent years, um, a previous water superintendent liked the water mane in the center of the road. Um, prior to him, it used to be on the shoulder of the road. In fact, your typical crosssections
in your regulations still show it that way. That was never changed. the most current water superintendent seems to have gone back to that way. So that opened up the area under the road to be available for drainage as
recommended by the planning um as by the engineering department and it eliminated the need to encumber any land with drainage easements. So that's how we got to that place. >> Okay. Thank you. I appreciate that. And um
did we get the final engineering report? >> Nope. He has not been able to um review the revised plans yet. >> So we can't go much further with this until we got that. You can you it's up to the board to decide whether or not you want to have us draft a uh motion for the next
meeting p uh contingent on upon that the engineering referral comes back with no issues or if you want to continue it to another meeting for the referral it's it's up to you where you want to
go. >> I have a question. Mhm. >> Do you think the engineering comments could be dealt with administratively? >> Well, we met with the staff. We met I'm sorry we met with the applicant and went over the engineering comments and they have and I looked at the revised plans
and it seems that they have addressed most of the comments from engineering that um were engineering's purview more you know say not the waiverss and all those things that you guys have to have to decide on but I I I mean again it's
up to you but we can not have you read it at the next meeting if there's any huge issues, but we can certainly draft a motion for the next meeting. Um, and and you can read it if there aren't any issues.
>> That's a good idea, Bob. >> Uh, yeah. And going to wave uh the street trees and uh street lights. Could we require that uh there be a significant tree on the property and not alongside the road? And for street
lights have uh a driveway light, a lamp light for every house like we've required of others. >> So that will be upon further subdivision, not at this >> stage. Yeah. >> Even even though there are defined lots at this point,
>> yes, there's only two. And they're asking to wave all of those requirements now. So when they come back for future development, if there are where there could be many lots, then they would address the street trees and the street lights and um you could put in you could
make those comments then and say what you would like to see. >> Okay, Charlotte, >> I think that the recommendation that we get a draft u for next meeting is really very practical and we can see then what became of the engineers report, but it
looks as if it would be ready. So that would be helpful to us and to the applicant. >> All right. Thank you, Tom. Uh to the applicant, have you had a chance to look at the uh engineering update as of today?
I figured. Okay. So, I don't really have an issue either with having a draft. Um, but what I would like to discussing the uh sidewalk and the street the the uh street lights I think that uh I would like to see if we approve this to
condition it that any future development from this would require a sidewalk and street street lights. So if there's any further subdivision of the of this land, any further development other than >> I don't have a problem with that and it's a standard condition that if
there's any any change uh they have to come back for uh a hearing on the new situation >> anyway. >> Well, I I I'm just concerned that um they obviously want to get to the parcel in the back. That's what the road
is mainly for. And um that could easily become a development of 40B with many many homes or it's >> true >> or whatever. And most 40B applicants don't want to put street lights in. They don't want to put sidewalks in. They use
the same language. It's too expensive. It makes it unaffordable. But I think I'd like to have this as a condition so any future developer that maybe purchase or if they develop themselves it's already in the in is a condition for any future >> that makes sense
>> and and whoever purchases land if they do they know ahead of time that it's going to be an expense that they should consider. That's how I feel about it. >> I don't have a problem with that. >> You guys good with that? I was okay with just leaving the notes
in the plan, but I don't object to your position. >> Um, so just two things. Just make sure no one in the public has any comments and then you can close the hearing >> and then um direct staff to draft. >> Yeah. >> Yeah. I'm sorry.
>> There's no microphones in here. >> Those are for FCTV. So for online >> speak up. Sorry, I'm gonna yell at home. I just don't want to yell here. Um, so what I was saying was, um, they should take public comment if there's
anyone here for this application. Um, and if not, then they need to close the public hearing for this specific application and then, uh, direct staff to draft a petition. >> And Tom has a a comment or a question. Yeah, I just want to actually ask about
condition 31 and 32, but I originally read 31. It was talked about the analysis of um developmental impact and on here it's it's different. It's talking about IIA systems. >> So, at the last meeting where the um applicant was here, they said and and
according to the new uh watershed areas for D, um any new construction that's in a watershed area has to put in a IA system. So, I'm assuming that going forward, we're going to probably have to change that or modify that part of our regulations to specify if it's outside
of watershed area or look at it more. But for right now, that's that's going to be taken care of. >> Okay. And originally when I read it, it said bigger than five acres. There should be that analysis. What's the developmental impact? Can you tell me what that is? >> That is, I believe, for is that for the
the soil and the nitrogen? >> That's the environmental impact. >> Yeah. Okay. All right. >> So they they essentially have to analyze what the impact with uh developing these properties would be on the nitrogen loading and >> Okay. All right. Perfect. >> Yeah.
>> And then we're waiting we'll wait on 32 for rather natural resources. This will be sent out to them. >> So we talked to um Chuck with natural resources and he didn't have any comments. He just hasn't given that to us in writing. Okay. >> Um, so >> all right.
>> I think we're all set there. >> Great. Thank you. >> Thank you, Jim. >> It's my understanding that, uh, it's really a moot point on whether we we no longer decide whether we want to do DNight systems or anything. It's specified if they're in the the zone
when they need it. They have to do it. >> Yeah. We're going to have to change our reg. >> Okay. I just want I just thought it was already decided and we're still talking about it. Just we should make that clear. >> Yeah. >> People get up and want to talk. It's a done deal. >> Mhm. Yep.
We >> all set then. >> Yeah. >> We need a motion. >> You have to close the hearing. >> Close the hearing. >> Move to close. >> Second. >> All in favor? >> I >> I should have asked I didn't ask for public comment. I'm sorry. >> Oh, >> is there any public comment for this?
>> I thought you did. >> Thanks. >> The applicant want to make any final statements? >> Okay. Then we'll close the hearing and next time we'll have a >> draft motion for next time >> decision. >> Thank you very much. >> We need your seats.
So our next uh applicant is ASD Cape Cod Holdings LLC site plan review application to install large scale brown mounted solar arrays at 414248 and 59th theater drive and zero box road
maps one 0300 0163 1701 1 028 B 014 1 1701 028 039 1701 028A
015 and one 04 07035 and the applicant has requested a continuous until March 34 2026. >> Move to continue to March
>> 24th. So they also um have requested an extension deadline or a decision deadline to um March 27th. So that is also something that you will need to um >> the motion to include the new deadline
of February of the 20 >> March 27th. >> March 27th. >> All right. >> Any discussion? >> Just a question. Melinda Y >> if we're going to have the hearing on the 24th. >> Mhm. the decision by the 27th. Is that to be
voted by the 27th or written by the 27th or >> It's voted by the 27th. So, right now it's the expectation is you'll have your your um draft motion for the next meeting and you'll you'll read it and if you decide to make the motion at that
meeting. if not um they'll have to get another you'll they'll either have to request another extension um and if they don't want to do that because I believe it's at that point where I'm not sure if they can give more
um or are willing to um then we'll have to figure out what the next steps are then but >> okay so um the last the last meeting staff gave us um proposed conditions So, I I would like to have everybody
think about any other conditions they may want to add, if there are any, so that we can have it ready for the next meeting. >> Good. Thank you. >> So, we're also working on composing the draft motion. We're pretty close to
having it done. So, you should have that in the next day or two so you have enough time to um look it over before the next meeting. >> So, any any other conditions any of us are thinking of, we should get to you. um you should discuss them at the meeting first and we can add them in at
the meeting. Um because ours are just going to be the standard and what's already been discussed and talked about. So um it's best if you bring your extra conditions on top of ours to the meeting and and publicly lay them out on the table. >> And what I'm suggesting is everyone gets
them to you ahead of time so it can be on our agenda, part of our agenda next time. >> Yeah. So you can you can Yeah. You can, it will be on our our agenda to discuss, but yeah, if you have any extras that you would like to see, um, you can send them to us, but we won't put them in the
draft motion. We'll add them after you guys talk about it and vote to have it on there. >> Okay, >> John, once once the staff has a clean copy of all of the draft conditions, could they send that around? >> Yes. So, that should be in the next day or two. >> Great. >> Okay.
>> So, we have a motion and a second to continue. Yeah, >> we did. >> Oh, we did. Yeah, >> we do. We're just waiting for the vote. >> Okay. All in favor? >> I I >> unanimous. >> Thank you very much. >> I don't need to read it. Next uh on the agenda is applicant
William Loutini site plan review application for 44 space parking lot designed to accommodate 17 school buses and 27 cars located at 402 North F
and for the applicant. >> Thank you very much Mr. Chairman members of the planning board with your permission. My name is Jim Burke. I'm an attorney at law with offices at 48 North Pearl Street in Brockton, Massachusetts. And I've had the pleasure of representing Bill Lucini for a number of
years and Lucini bus lines. >> I don't mean to interrupt. I'm sorry. We have to read the public I'm sorry. We have to read the public notice into record. Sorry for interrupting. >> Not a problem. >> Okay. Public notice for this project was published on March 6, 2026 and 31
abutters were notified by regular mail. >> All right. Am I back on? >> Back on. Okay. Uh Lucini bus lines has a number of municipalities. He's in the school transportation business. uh and among
those uh include Falmouth, Falmouth Academy, the vocational technical school and uh the u one other uh but uh u we're here today
to uh uh request uh site plan approval under the bylaw of the town of Felmouth to allow the utilization of the property in North Falmouth Highway uh for housing of his buses. They would just be the Felmouth school buses. Uh we originally
were also caught up in the storm uh and were supposed to be here. Uh had submitted uh plans uh for your consideration for that hearing. Uh because of the time delay, we received a number of comments from the town. uh and
to be proactive. Uh the engineering department attempted to provide some revisions for consideration which I guess I'm told were a day uh late. Yes. >> But nonetheless, uh we'll we'll be happy to discuss whatever you'd like to
discuss this evening. So uh John OD is going to present uh the plans and run through the specifications. And again, our request uh if this board sees fit is to hopefully grant site plan review with reasonable conditions if they're
required. Thank you. >> Thank you. >> Okay. >> Uh good evening. John OD from Sullivan Engineering Consulting. I'm a professional engineer. Uh live in Falmouth. Office is in Austinville, Mass. here representing the applicant.
Uh this property is located at 402 North Falmouth Highway. Uh it's at the intersection of North Falmouth Highway and Winslow Road. It's a little over 1.6 acres. Uh there's an existing building on the property. Uh and three
sort of separate Can you see this on here? Three parking doesn't show. Three separate parking areas located to the north on Winslow Road. A circular drive. um in front of the building and a third
parking lot off to the side. The existing building most recently has been used uh for the cheese shop. I recall um there being um what's the food place that was in there? Uh Jack and the
Beantock was in there. Some ice cream was in there. Further back, I understand this was a hood plant of some sort. uh and maybe even a movie rental place, although I don't recall that either. Uh there are no changes proposed uh at all to the building itself.
There are no changes, structural, physical changes to the northerly parking lot um off of Winslow, uh except that we are proposing to do some striping in order to eliminate any parking spaces that may infringe on that
road line. Um and there are no changes to the circular drive originally proposed again except for striping in order to eliminate spaces uh which infringe on that road line. If I can get to sheet two on this.
Uh so this is the proposed plan. Again the work is really focused on the southerntherly parking lot. Uh we are looking to expand that. Uh and as was said that's to uh accommodate
uh 17 buses on that side as well as there would be 12 cars located on that side of the lot. Uh the bus spaces are sized based on visiting uh the applicant's other facilities uh
and taking physical measurements of what has worked at those properties. cars are standard standard sizes. Uh this would be a paved parking lot. Uh the runoff is by the existing grade
contained on the property. Uh it is the intention to provide infiltration through a series of catch basins and drainage structures. Um, we are working through the planning department with the engineering department to make sure that we get those drainage calculations into
the format that you're used to seeing. Uh, as well as some recommendations he had had on the size of piping and some additional dimensions on that. Um, there is lighting, security lighting proposed on this lot. uh it would be downward
directed, it would be dark sky, it would be contained entirely on the property. There is also uh last sheet, it's intended to provide additional screening along the
inside of the roadway in order to uh screen that parking lot from uh any view. This is the most clear one. Um >> could what what how tall are they? What do you talk about the screening? I can't
>> uh the screening plants uh there was roodendrums. There was white spruce in these planted at the 7 to 8 foot marker. Uh green giants at 6 to 7 feet and penis straus something another 7 to 8
foot shrub tree that would be planted along that edge. So, um I think that that's the the I would also say there we have also proposed a septic upgrade for the building. There
is no change in the design flow to the property. Um this would really just be uh an office space for on a typical day two employees in there. Um maybe a third employee, visitor, manager person
occasionally visiting. Um my understanding is that the the buses the staff drivers come in in their personal cars. They take the car parking spaces. They get in the bus and they leave. That's generally around 600 6:30
in the morning. They're probably back around 10:00 after they get all the kids to school. They're on break until around 1:00. They head back out, bring the kids home, come back, get their cars, and leave. Uh, and this is an operation that
is during the school year from what I um I think that's a a brief summary of the operations as I understand them through working with Bill and his attorney uh and the improvements to the site that that we've laid out in these site plans.
And so between myself and uh the attorney would be happy to entertain any questions that you may have. >> All right. Thank you. Um do we have the the latest referral from the engineering or were they revising their
>> So they have so we wanted them to open the meeting first and hear all the public comment and then engineering will do a second review of all of their so they've done their first review before because because of the um the blizzard and all the push back there's been extra
time. So, they already have revised their plans. Um, but engineering has not yet commented on those because those aren't being presented tonight. The original plans are being presented because we weren't sure if you guys were going to have extra revisions besides what engineering wanted.
>> Okay. >> I also just want to make a comment that the building commissioner has determined that this site is used for office and the bus parking is ancillary to that. So this is a site plan review application which is for
byite use. So you can condition it according to what the regulations in the bylaw say with regarding to drainage, screening, um lighting and uh landscaping and all of those things.
>> So it sounds like it's something that we cannot deny. We're just going to condition. Um, typ typically with a site plan review, the only reason to deny it was if there was a defect in all of the submitted information that they didn't submit everything that was required and
um, they have. >> All right. And planning staff comments. Should I read these or into the record or >> you can if you'd like. Um, it's up to you. >> All right. Do you mind reading them into the record? >> Yeah.
>> Right there, please. Okay. Yes. >> Planning staff comments. Number one, referrals have been received from assessors, building conservation, fire department, health department, tax collector, and all have no comment.
Number two, the applicant will need to provide mass DOT with a copy of the existing access permit or apply for a new access permit for the two curb cuts on North Felmouth Highway. Number three, the applicant should put
the lighting specs details on the plans, including for the proposed poles. Number four, a picture of each proposed landscape item should be included on the plan along with each of the common names. And number five, the board might
want to consider asking the applicant to stake the edge of the proposed parking lot along North Felmouth Highway in order to understand the amount of vegetation to remain with the new proposed plantings. >> Thank you. So those are the staff
comments. I'm going to go to the audience. >> I just have a quick question about the presentation on the use. >> Okay. >> Um >> Jim, go ahead. the um are you changing the use? As I understand, this building is a very large warehouse and a retail section. Is that staying about the same?
Did I hear you say that? >> The office staff will be using the front room, which I never went into it, but >> it's currently retail. >> It's retail. >> And then then the back big section is a big warehouse, >> right? >> Is that staying the same? >> Stays the same. >> Okay, that's all I want to know.
>> Okay. Thank you. So we we know this is a very important issue to everyone in this room and we have many letters of u opposition and we can't read every letter into the
record but we're going to read two letters into the record. Then I'm going to go to the audience and ask anyone that wants to make a comment or a question to come to the podium. And we would appreciate if we don't hear the same question or comment over and over
again. We want to hear everyone. This is important, but we don't want to be here uh repeating over and over again. John, >> so I'm going to read you. Yes. Before we move forward, uh the next step is it the building commissioner or is it the CVA?
>> No, it's just it's just planning. >> So it doesn't have to go to No. >> So we're the last stop. >> Yep. >> That's what I want. And um we did leave, just so the board knows, we did receive 16 letters of opposition. You you have them all. And then I'm not sorry, we we
received 16 people sending in letters. Some people sent in multiple letters. So we have more than 16 actual emails. It's just from 16 people. Um so they're all there in your packet and two of them are going to be read by Tom.
I think Bob's point was important though that this is the last last stop in town. >> If you wish to oppose this, but it's not the last possible stop. There are other recourses that you can take outside of town. >> Quiet. You got to come up.
>> It's not an open discussion. >> Yeah. I'm sorry. Can she stand up under control? We shouldn't be doing >> because this is a byite use. It's a B2 zone and it's within the zoning provision that the town has. But if for some reason you disagree with it, you
can take this to court and you'd have to get lawyers to advise you on that. We can't and I certainly can't. >> Okay. Tom, would you read the two letters, please? >> Sure. First letter >> from Lilia Franton. >> Thank you.
>> It's on the second page. >> Planning board. Okay, here we go. My name is Lilia Frampton, a precinct 5 town meeting representative. My husband and I live at 114 Old Main Road, North Felmouth Village, near Winslow Road. I'm writing on behalf of
neighbors and community residents who oppose the proposed expansion of an existing parking lot located on North Felmouth Highway and nearby Winslow Road. Completely inappropriate to the neighborhood, the proposal reads in
quotes, expanded parking lot, but actually goes far beyond that description. In fact, it is it is used to be as a bus depot for 17 school buses with 27 additional spaces for vehicles. This use brings with it far greater
impact that can be tolerated in a residential area and rather belongs in a heavy industrial zone and an entirely different categorization. this no simple parking lot expansion. What after all is a bus depot to what
will it mean to the neighborhood and community in nearby historic district along North Felmouth Village's unique old main road? A dust a bus depot is a place for overnight storage, parking, and maintenance of heavy vehicles. But
in this case, more detrimental to a residential neighborhood is its use for storing school buses with very noisy, very early morning startup times, idling, lights, noise, fumes from gas, diesel engines, and the increased early
morning traffic of drivers arriving and then buses exiting. both the disaster for this little corner of North Felmouth Village and the character input hyenization on Felmouth itself. This proposal doesn't fit town
bylaws and if allowed seems it has no precedent. While while town zoning regulations along North Felmouth Highway and the adjacent Winslow Road is indeed zoned mixeduse, residential office commercial, in reality, this site is a
gentle mix of homes and communityfriendly small shops and eeries and the quiet natural sanctuary of the Shining Sea bike path on Winslow Road. A bus depot is completely out of character, despoiling more than a a
parking lot suggests on paper. Longtime and new residents here on North Felmouth Highway and adjacent Winslow Road would find their lives transformed by an unexpected nightmare, literally. No screening with bushes can change
that. Allowing a bus depot truly an industrial use is not only completely unsuitable and detrimental to our neighborhood and community, it does not fit within the zoning regulations. For so many reasons, from preserving and
protecting the quality of life and well-being of a community to following town regulations and precedents, we believe the planning board as well as the zoning board must disallow this proposal. Thank you for listening.
Sincerely, Lilia Frampton, organizer of the North Felmouth Village Association's pedestrian and street safety team, sir. >> All right. Thank you, Tom. The next letter. >> Okay. Next letter is from Next is from Mory Harlo Hawks. Dear
planning board members, we are writing in opposition of the proposed commercial school bus and automobile parking at 402 North Felmouth Highway. This proposal appears to be a change of use from a retail cheese shop to a commercial
parking lot. The proposed landscape plan does not appear to reflect what's required in your regulations. The lot coverage is incorrect as the lots are not combined. So the calculation indicate it indicates it exceeds the lot
coverage. If the applicant wants to use those calculations, then the lots need to be combined prior to the request with the lot coverage calculations shown on the plan to reflect the correct percentage. The headlights from the vehicles will
shine into the residential condominiums when they're exiting. Is there a plan to uh remediate this? The area of snow removal storage on Winslow Road does not exist and the bus car parking snow removal storage area appears insufficient.
The lighting detail does not show downward night sky lighting and should require that it's soft white to reduce light pollution. A parking lot full of big orange buses is not very attractive and will increase traffic at a very congested
intersection. The town made a tech park and industrial sea zoning for this exact reason and not to be in B2. Respectfully submitted, Arthur and Mory Harlo Hawks. Thank you. Um Melinda, when we started,
you mentioned that the building commission made a determination. >> Yep. And that determination was >> that the use of the property is office and that the parking of the buses is ancillary to that. Okay. >> So that's why it's site plan review
>> and by right. >> So so in the town of found that the building commissioner is the zoning officer. So the the building commission has determined that that the use that the applicant is asking for is acceptable for this site. So I know I know that the letters are a
disagreement but I want to make put that right up front so you understand that. Now anyone that wants to speak please come up to the podium. >> I just want to correct I think one of the letters called it a mixed use zoning and it's not we don't have a mixed use zoning except for Mr. Cod. This is B3 correct
>> B2 B2 zoning. Okay. I just want to make it that's which is not mixed use >> right. Can you explain what that is? >> Yes mixed you. We have Mr. to develop. We didn't have mixed use in our town. We created one that allowed to have go to our big shopping centers and start
putting housing into them. So, we to create housing and we put greater density and tried to get to develop where the sewers are. And that's our mixed use zone. And it's downtown. It's not in North Fountain. >> B2. Wait, wait, wait, wait. I don't want to get out out of hand here.
>> So, I have someone at the podium. >> We'll go >> one at a time. I know you too. >> And your name for the record, please. >> Shannon Sumpserat. >> Sorry, that's a tough one. Um, I actually live close enough that I received a letter from the town, so I do
have um personal concerns. Um, they were very well stated in the letters, so I won't go through them. Um, my concern is how did they decide that the bus parking is ancillary when it's all bus parking and maybe two people sitting in that
building? How' they decide that? Um because that doesn't seem I mean it even says it's for parking 17 school buses which is a fleet of school buses. So how did they decide bus parking is ancillary? >> It's not it's not first of all it's not a they it's the building commissioner.
>> How did he decide that bus parking is ancillary? And can anybody say sir we respectfully disagree with you? I'm sure you can say that to the building commissioner, but Melind or Jed's
determinations. >> So, yeah, to be to be clear, the building commissioner is the chief zoning enforcement officer for the town. Uh, that position makes determinations about all sorts of things on a daily basis. That person's made a determination that this is an office use
with ancillary property. >> Did they give you a reason for that deter? Did they give you a justification? because it seems to me that they are leaving that dilapitated building so they can call it office space. So they don't have to call this a bus depot. That's what it's seeming like to me.
That building's not an office. It's run down. They could demolish it and put all their buses in there, but it seems to me that what is happening is we need to leave that building so we can call this office space. Is that
>> I I I cannot debate that with you. I'm not the building commissioner. The building commissioner makes that determination. >> Okay. When does he where does he >> three >> answer to his determinations? >> We can certainly follow back up with him and see if we can bring back some more information. >> I think somebody should because this is
clearly a bus depot. >> They're moving it from Thomas B. Landers, a heavy use industrial park. >> I understand. >> To here. No. What's the reason? Is Northb or the Fmouth public schools asking for that? What is the reason for that?
>> Let's look up >> again. We we can't answer that. >> Well, they can the applicant address some of these questions today. Is that appropriate? >> Yes, of course. If >> you guys know the reason why we're putting buses in North Palmouth to speak,
>> North Palmouth isn't even central to the school district. >> Let's go. Let's go one at a time though >> and then the applicants can stand up and make their statements. >> If I if I may really very quickly u because it did come up earlier. One
thing to note, the B2 zoning district is your most allowable business district in town. It allows a lot of different business uses >> and this site happens to be zoned B2. >> Does it allow for bus parking? Again,
we're I I cannot debate with you what the use of the property is. I'm just explaining the zoning and the building commissioner's determination. >> But does it allow for bus depot? >> I'm going to ask, >> does B2 allow for a bus depot? >> The B2 district does not have a bus
depot listed as a as an allowable. >> And this is a bus depot being disguised as an office building. >> Again, not up to me to determine. So, I think if a after this board makes a decision, if if you're not okay with the decision and you're in a butter, I'm
not an attorney, but I think you would have the right to appeal the decision. >> Okay. >> Building the zoning >> or to you guys, >> you go to the courts. >> I have to go to not listed. >> I don't know. You have to ask the building commissioner. I don't have that
answer. We can ask and maybe have the answer for you. I was just going to suggest that if if you'd like, you can make a an appointment with the building commissioner and you can ask him all sorts of questions. >> Okay. Thank you. >> Could I ask >> Appreciate if we don't clap every time.
Okay. We we have we have a long way to go this evening. Charlotte, you have a a question? >> I I do have a question. I'm I'm looking at our at our zoning rules and looking for something that would be similar to a parking facility that wouldn't say bus depot but would say parking. And I've
actually found one and it's in the business use a section of our zoning book parking facility. It only for standards it only mentions the B3 district, not the B2. but in allowable under the column for B2. It appears to
require a special permit from the zoning board for a parking facility. What application does that have to what we're doing tonight? >> It doesn't because this is an office use according to the building commissioner. >> Okay, so just so everyone knows here, we
are not the building commissioner. >> So don't get mad at us. We are just telling you what the building commissioner has said in the course of action that they the applicant had to take. >> I'm asking you because the point you made is debatable. >> It is definitely I'm sorry Charlotte.
>> You're saying it's not debatable here. >> It is important to know where it might have been mentioned. >> It's freaking horrible. It's skirting the issue. The building commissioner's determination is what you are are here
tonight to uh execute site plan review over. >> Well, we don't have a record of the building commissioner's determination. When does that appear in this process? >> It would appear through their referral. Um but it also is the building
commissioner's um responsibility in meeting with applicants and indicating to those applicants what process they need to pursue in order to obtain permits. That process has already been completed. The building commissioner has determined that the applicant is to come
before the planning board for site plan review for a byite use in the B2 zoning district. And that is your role this evening. understand. >> Yeah, >> I do. >> Yeah. >> Okay. Yes, sir. >> I think it's right.
>> My name is Patrick Bennett. I live directly in back of this proposed business. uh >> I'm not going to have the value of my house lowered because people are going to be running their school buses at
whatever time it is and have a parking lot right in back of or right in front of my house. Also, um I'm totally completely opposed to this project and I hope it's taken into consideration that this is not going to go through. I'll
make it short and brief. Thank you very much. Right. >> Thank you. Hello everyone. Um, my name is John Moore. I live right here. Okay. Uh, first of all, I want to I
appreciate the opportunity to speak tonight. Uh, and I'm not here just for myself, but for my neighbors. um especially the neighbors that live in the condominium right here directly across the street from the site.
>> When when you speak, sir, please. >> My neighborhood is primary residential and it's semi-ural in character. There is a bike path behind the proposed site. There is the Daily Brew whose parking lot is very much welcome in our
neighborhood as was the Chief Shop parking lot. The scale of the project, 44 parking spaces including room for 17 buses is not a small addition to our neighborhood.
Not small. It is in effective effectively a bus depot. So let's call it what it actually is. It's a bus depot. And in such a small rural semi-ural I should say neighborhood, it's a transportation hub.
Okay, that raises several practical concerns. First is traffic and safety. 17 buses entering and leaving the site likely at early and late hours will significantly re increase large vehicle
traffic on roads designed mainly for residential use. bus turning movements, visibility issues. Increased congestion will affect the safety of residents, pedestrians, cyclists, and tourists. Second is noise, lighting, and air
quality. Bus traffic and potential idling create noise and diesel emissions that will directly affect nearby homes. A parking facility of this size, a bus depot, will require lighting, large paved surfaces that will change the
character of the area. Finally, there's a broader question of compatibility with our neighborhood. A project of this scale simply does not appear consistent with the residential nature of this part of Felmouth. For these reasons, I
respectfully ask the planning board to carefully consider whether or not this is a feasible project or the proposal is appropriate. And I ask you to deny or substantially reconsider the application that's as currently proposed.
>> Thank you. >> I'm Doug Brown. I live at 199 Old Main Road. I'm not in a butter, but I live right around the corner. I drive by here every day. And when I first saw this on your agenda, I was very surprised because to me, this seems like an industrial use. I know that these buses are typically parked in the industrial
park, and that seems appropriate. I know uh one time a bus driver tried to park one in a residential neighborhood in East Fmouth, and it was so loud, and it was very disruptive, and it got quickly moved out. So, I hope that you guys think about the the level of noise and the early morning that these guys are going to be starting
up these buses because it was sometimes 4:30. You know, sometimes these buses serve other areas and they do those routes before they come back to Falmouth. So, I I hope you use your ability to consider this project and all the public comment and the turnout that's here. You're an elected board.
You can do whatever you want, whatever you think is right. So, that's my comment. Thank you. >> Thank you. Good evening. My name is Cynthia Bourge. I'm a attorney in North Falmouth and approximately 10 years ago, I applied before the planning board for uh
basically a special permit. Um we were granted a special permit because we have a mixeduse zone on Old Main Road. We're at 194 Old Main Road. And I haven't read this application. I I I don't know everything
all the regulations that pertain here, >> but one of the things I want to tell you is that my husband and I who own this property have worked diligently for 10 years to be a part of the North Thoth community. To bring our business to that
community was not easy. We had to get a special permit. We spent a lot of money, but we did it. And we changed a mixeduse building in a B3 zone to a law office. and we still have residential apartments and we went before the planning board and we didn't get any extra parking
spaces. We had to rearrange things and I understand that it's not a matter of right in a B3 the way it is in a B2, but this is a ridiculous expansion of use and it is not appropriate.
And if I can do what I have done with my husband's help over 10 years and making sure that our business fit into the beautiful, special, unique North Balmouth community, then I urge you to
make this applicant do the same thing. The cheese shop and those parking spaces that exist have been there for years. I walk my dog twice a day in that area. It would be heinous to bring that much traffic to side
streets that are already a danger zone if you're walking a dog. >> Right. Exactly. >> A danger zone. You got to watch yourself all the time. We have a bike path there that brings in tourists and people and business. And now you're going to add
another level of industrial use to what has been arguably an office. That's the accessory use that we're talking about, the ancillary use or ancillary parking. And
it's not going to be used that way. It's not. And we can say that it's oh no, it's going to be two people in the building and it's going to be this and that, but it's not. And I have lived long enough to know that we need to deal with what is
actually going to happen and not just what the building commissioner decides because this is a ridiculous expansion. And if I hadn't walked the walk in North Falmouth for 10 years and made things work and I hope that we've shown the
community how much we love our property and how much we want to make it work. And by the way, lighting is a huge issue. Huge. Even in our little section, we have to have security lights. Sometimes
those come on and irritate my neighbor next door. So, we're always adjusting. We're always working. Yes, it's B2. Yes, we have Taylor Rental and they're kind of messy, but there are messy.
There are North Felmouth Messi just like the Daily Brew is part of our community and this expansion does not show or indicate to me in any way that the Lucini or whatever that they're coming in to be part of a community because
that's how we view it. And we hope that you listen and view it that way. And just look at these people here who feel the same way. >> Thank you. >> And I'm B3. a mixed use, but it's not that it's one street over a
little bit down the road. >> Thank you. >> All right. Thank you. >> I'm wondering if it's P Lilia Fton, uh, 114 Old Main Road, North Falmouth. Um, I'm just wondering if we can have the building commissioner come in and >> have a public meeting with everyone. It
seems to me that you know how being a commissioner I guess it has some you know importance but uh I think the public input should also have come along with the building commissioner's decision with the applicant but not with
the input from the community. I'm I'm uh I'm very surprised that it's being done in such a you know a cursory way but I don't think it's going to happen to be cursory. I think you can see we're not going to have this happen without our approval and it ain't going to happen.
>> Absolutely. >> All right. Thank you. >> Speak to that. >> Yes, ma'am. >> Possible to have the come in. >> You have to be at the microphone. Yeah, you have to be at the microphone to to speak. >> You're not allowed to ask questions from there. You gota you got to be over there.
>> You're out of order when you do that. My name is Kate Jwitt. I'm town meeting member for precinct 5 and I live next to the elementary school. I realize that a lot of children are
walking to school now. They walk across 28A. They walk over the bike path and they walk down Hollis Street and then across Old Main
Road. We finally got a crosswalk from Hollis Street to the school. Thank you very much. We We need our children to be safe. There's so many kids coming down from North Hill and 28A is a state
highway. We need the town to support us in getting crosswalks there. We don't need more congestion. We don't need big buses that are lock blocking the road, blocking visibility. My friend
who lived in West Bridgewater lived across the street from Lucini's parking lot in West Bridgewater. I worked next to her for 15 years. And she would tell me that they wake up
early in the morning, they get the buses going, the air is all messed up because of it. The noise, the lights, and I'm sorry, I was a teacher. I had different programs going on. We were on buses till
10 and 11:00 at night sometimes. They don't just go home at 3:00. These buses go out and they they take teams places, they go to Boston, they go various places. And it's not Monday
through Friday. It's on the weekends, too. The buses have to go places to take the kids places all the time. So, it's a common thing that we would have to uh somehow pray to God that we
don't lose our children with and that we can keep our children safe with big huge school buses, which are really safe if you're riding in them. So, I appreciate you guys really thinking this through and maybe getting
the building commissioner up here so we can um talk with him, too. Thank you very much. >> Thank you. >> Hi, Plet Heath. I had sent a letter written explaining my opposition um and what Kate just mentioned about the
school buses. I drove school bus um for about 25 years um at one point a small bus and then also large buses. My husband drove a large bus for many years. We backed it up my street.
I know the radius of coming out of Vinsel Road onto 28A. That is a wide span. They when they're coming out, you are crossing. You are not just making a tight turn. If you're coming out of If you're going to be coming out of this um
land that you're planning on doing the parking these buses in, you are going to be cutting across the middle of 28A to make a right turn. You're going to be cutting across the traffic coming from
the left. That road is extremely busy. Try going across cutting across there. >> It is very difficult. It's >> crazy. at different times of the morning. I don't know how some of these parents can come across and because I
I'm in a butter. I'm on Holler Street. I watch these parents coming from 20 from 28A from North Hill trying to cross. They will be standing there 10 minutes until it's clear enough that they can safely cross. If you're gonna
have all these buses going, and I do know the buses start early in the morning, the bus, they have to be there early enough that the drivers have to do a check every morning before they get in those buses. They start the bus up. They have to check to make sure nothing's
dripping underneath. They have to do safety checks. All this takes time. If their run starts at the high school for 7 o'clock, they got to be out there quarter after 6 6:30 the very latest. The buses also once they're done with
the elementary run. Fine. They come in then you've got the cars going out. Then you've got kindergarten. Nobody's mentioned the kindergarten run. There's always about four or five buses just going to North Balma school. Never mind any other places where these buses might
be going. Then they're coming back in. then they're going back out either for the high school the high school usually if they've had kindergarten run they stay out but if they didn't have a kindergarten run they will be coming from the the parking lot again going out
for the Moss Pond Lawrence school the elementary school the elementary school doesn't finish till like 4:30 good part of the time if they have um any trips any field trips of the school. Many of the field
trips do not come back until like 5:30, 6:00. That's something else that I used to do or my husband used to do. All of these things need to be taken into consideration. I'm also complaining about the environment that's going to be infected.
I do know the diesel buses wreak >> and I do know my property that ab butts basically the um open pantry, the village pantry, I will be getting that smell because I could I could tell you
when the silver lounge was there every time they decided to do they had the black diamonds going because I would get that aroma >> and my house would smell of >> Excuse me. Excuse me. Wait. So I know when these buses start this would be
happening. When my husband had was using the big bus, he made sure that he did the shortest possible time of having that bus start up and then take off down the street. Many times he was coasting. If you have air brakes, your bus has to
run a certain amount of time to make sure those air brakes are working properly. You can't just jump in like you do your car and just take off. That's not happening. That can't happen. So this all needs to be taken into perspective. Also, where are the buses
going to be maintained? Are they driving them elsewhere? Buses get dirty. They get washed often. Where is this going? Where is They're talking about drainage. There's really not much drainage in that yard, in that
on that property, that area at different points of time. I've been at I've been in the Northell neighborhood since ' 66. That's a long time. That area is where when years ago
when I my kids were little, there were blueberry patches in there. There were raspberry patches in there. Where's to go and pick? I know that land. I know that property. It's gravel. It's dirt under there. That's not going to drain
very easily. And to have that amount of buses is ridiculous. Use it for something else. And if they were on in the industrial park, why are you deciding to move to a residential area?
I could see the people that own the property rent it to make it into offices, even build a building for offices. >> That's not That's not before us, though. That's not before us. >> It's not res. It's not set up for that. is zoned for what they're asking to do.
That's what the building commissioners determined. >> Okay. But this this needs to be denied big time. This is not safe. It is going to be a hazard that Daily Brew already had issues complaints because of part uh
of a lot of uh traffic. >> What is going to happen when the bus is? >> All right. Thank you very much. >> You're welcome. very brief. Eileen Caro, uh, North Hill, 26 Frederick B. Douglas. I am opposed to
it because I try to cross the street there in front of the post office. Four out of five cars don't stop while you're there on the hill. It's very dangerous. And the other issue is today, um, I spoke with a bus driver who I speak with every week at St. Barnabas who comes
there and she said, "Have you talked to the bus drivers?" we have fueling where we are now. We have diesel tanks over there. What's going to happen when they have to start fueling up over in that area? It's going to be more traffic. And she said, "It's not good for us either."
So, I'm not sure um who's being considered here, but thank you very much. >> All right. Thank you. >> Good evening. over this target. Anyway, uh Pete Nielsen, uh North Falmouth Highway. Um I'm against this project
um animatimately. I drive a school bus. I've driven a school bus for 25 years now, almost 25 years. I've lived in a neighborhood for my whole life. Actually lived at 500 feet away on Winslow Road, 59
Winslow Road when I was born, 1957. and I moved in the early 60s to 4 427 North Falmouth Highway, which is about 500 feet away. Now I live a little bit more than 500 ft away at 435 North
Falmouth Highway and I've been there for more than 40 years now. So my whole life I've been right there in that neighborhood. I remember when the hood plant was there. That was way back in the in the early 60s when I remember it. Um, I can answer all the questions about
school buses, about idling, but one thing that will bother me the most and should bother all the other uh residents is the backup alarms. The backup alarms will be going off all the time. They have they have to when they back
up. They have to when they do their their check in the mornings. Um, and that's not even talking about the fumes of the buses or letting them idle. Uh, the backup alarms are going to be horrendous. >> Okay, >> right there. Um,
the turning radiuses, it's not going to work. I mean, with all due respect to the engineer, I drive a school bus. I've driven in Nantucket with the narrow roads. I've driven a school bus to New York City, right? I
know what turning radius is. Okay. Coming in and out of that. If you've got two buses that are coming out and you got another bus or two that want to go in, they can't do it. They can't do it there. Uh they've got measurements here of the spaces being 39 ft. Okay. My bus
that I drive now is 39 ft and it's a 71 passenger and we have 77 passenger school buses that are even longer than that. So when they're parked in those spaces, I mean, unless they're touching each other, they're going to be sticking out one way or another, you're going to
have a bus moving around in there. They're going to have to back up again, making a two or three point turn to get in and out of that lot. There's too much in that lot and too much. There's not enough space, right? To make a point of
not having enough space, the dumpster is put on the other side of the building. They don't even have enough room for a dumpster where the school buses are going to park. Okay. I'd like to see how many people are actually going to use that dumpster when they have to go all the way over to the other side of the
building. >> Okay. >> Just making a point of that right there. >> Can I ask a question? >> Second, Jim. >> No, I don't understand why they can't be parked at the steamship authority lot. Well, that's not be that's not before
us, though. >> We we only have to consider what's before us. >> What's there? >> Okay, I understand that. >> This is site plan review, our site plan review. So, >> I can I can answer any question that you that you have about school buses. >> Well, for we've heard a lot about school
buses already. So, >> and well, I mean, first of all, I mean, I drive I drove one today. The young lady that was here just before you, she had quite a bit of to say about school buses, too. Well, >> with her experience >> today, the buses weren't par parked correctly when I backed in where I park
at a school >> and we had to move two buses, move them forward, and straighten them out. Backup alarms. >> Okay, >> I can't emphasize that enough. >> Can I ask him a question >> in a second? Let him finish up, please. >> Ask a question. >> Wait a wait a minute. Wait a minute.
Wait a minute. Sorry. >> He's at the podium. I'm running the meeting. Anybody wants to talk has to come to that podium. >> I think uh everything else is uh has been said and um I I feel for the neighbors that are closer than I am and
I'm 500 feet a little more than 500 feet away. >> All right. Thank you. Did you have a question to this? >> I I do. >> You've looked at the plan? >> Yes. >> You want to ask question in front of us? >> Okay. How many school buses do you think
could park there? >> Uh, >> without have making threepoint turns? >> Not very many. I would I would have loved to have had a picture of a one school bus sitting there now for people to see. If you if you imagine in your
mind one school bus in there right now, you'd say there's no way that they're going to fit 17 in there and then all the cars to move. >> It's just it's overwhelming. It's too much. Thank you. >> Thank you. Thank you very much. And you have a question.
>> Yeah, I have a question. >> I have a question for you, Jed. We've heard a lot about uh traffic. I don't think we have a traffic study on this. Is that something we could >> request? >> You could. >> I mean, that's something we're allowed to do. We've heard a lot about environmental
and and sound. Could we request studies on that, too? I mean, I want to do things we're allowed to do. And if and if after that, Charlotte's already pointed out, you take the building commission to court and you go after him. But we have
certain things that we can do here. And you're all saying those same things, and I I think they're real important. Maybe we should start talking about what we can do and not what we can't do. >> May I ask another question? >> Sure, Charl. Go ahead. I'm surprised by the process where the building
commissioner laid down an opinion before we ever looked at. I'm surprised by that. Maybe I shouldn't have been, but I am. And two, I find I don't agree with the building commissioner's determination. And what process allows the planning
board to sit with the building commissioner and discuss this? >> There isn't one. >> Yeah, that's the thing. >> May we create one or consider one? I believe the building commissioner reports to the town. the building the building commissioner >> could assist us with that exercise.
>> So, just to be clear, the building commissioner is your chief zoning enforcement officer. That position makes determinations on zoning questions on a daily basis. That is their role. That person directs applicants to regulatory
boards so that the regulatory boards can work with that applicant to come through the process that they have in place to permit a particular use. In this case, as I said before, the building commissioner has already determined that
this is an office use with ancillary parking. That process happens all the time and it is not a public process. The building commissioner is a staff employee and it is um authorized by state statute that role and that person
has made a determination here and has asked the applicant or has told the applicant that they need to obtain site plan review with the planning board. That's >> rigidity is not in our interest here. It really is not. He is an employee of the town. He reports to the town manager. A
determination could be made. the likelihood that he might want to back up from what appears to be a fraudulent labeling of a of a use here. He might want to rethink that. He should be given that opportunity. And I believe his boss, the
town manager, could arrange it. Well, >> no. >> Just a second. Just a second, please. >> I think that the building commissioner's decision can be appealed to the zoning board of appeals. When I was on the
zoning board of appeals, that was part of what happened. And I think it's three of Butters that make the appeal, but I'm I'm not an attorney. I don't remember exactly how it was set up, but >> there must be a way >> his he can be appealed to the in the past they appealed it to the zoning
board. His his determination of zoning got appealed. >> Then we can ask on the plans that it's relabeled not as as an expansion of something. I'm not saying I'm not saying this board can appeal him.
>> No, I'm not saying anything about appealing. I'm building on your point >> and maybe Jed can find out maybe Jed could find out for our next >> Yeah, we we could certainly look into it more carefully. My understanding is that you can appeal a determination of the
building commissioner if you are if you fail to obtain a building permit. That is where you appeal to the zoning board of appeals. But we will certainly look into it because I don't want to be misqued. So, we will make sure that we have that crystal clear. We'll bring it back to the next meeting. >> Okay.
>> Happy to do that. >> Okay. And we've we've already heard a lot of testimony about noise and hours of operation and traffic and safety. Um, if there's additional items, we'd be happy to hear about it, but we don't
want to hear the same thing repeatedly if that's possible. Yes, ma'am. >> Hi, my name is Alyssa H. Carris. My address is 57 Frederick Road and I also have a business Salt Architecture at 448
uh North Felmouth Highway. Um I uh took my the words out of my mouth, Mr. Fox, with a with the um emphasis on what the board can do and not what you can't do. And I appreciate your comments as well, Miss Harris. Um I had two questions that
I want wanted I think would be important to clarify that have come up tonight. One was the question of lot coverage in one of the letters and the other one was vehicle maintenance. Um I think those are two uh really important um things issues that need to get clarified. The vehicle maintenance is I think very
pertinent to the office um classification for use. Um and so I I am opposed to this project for um those reasons and others that have been stated tonight. Um, but again, I really want to re-emphasize. I appreciate the comments
from the board about focusing on what you can do, not what you can't do. And I think that's really important to emphasize. Thank you. >> All right. Thank you. >> Yes, sir. >> Hi. Good evening. My name is Raymond Glass. I'm a resident of North Felmouth.
I live on Quaker Road. I'm really nowhere near this, but you know, my wife and I are here tonight to support our neighbors. Um, you know, it's been asked a few times, but I don't think it's been answered. Uh, why does the applicant want to come to North Felmouth?
>> Well, we can ask the applicant that when he gets back up the the uh we'll ask the attorney that when he gets back to the podium. >> Okay. All right. Um, the only other things I'll add at this time, you've heard a lot. I've thought of many of the same things. But um you know the other thing I would pose to the applicant is
would you like to live next to such a place? And if you would then maybe you should proceed. If you wouldn't please reconsider. I mean you have to kind of understand or expect people's reactions to this. It's not a pleasant thing to live next to. But that's all I have. Thank you.
>> Thank you very much. >> Is there anything new? Just quickly, Joe Burnholz. >> Yeah, you have to say at the podium your name for the >> Joe Bholz of North Felman. >> Thank you. >> Um I think a lot has been said tonight. This pretty spirited crowd. I didn't realize for retirement community there's
so much energy around here. Um thank you for the board for kind of pointing out to us really what you can and can't do, right? I think that's important for us to all realize and how do we organize after this to maybe address some of our concerns. Um, I would like the applicant
representatives to perhaps address, you know, the questions around safety. Um, I'd also like to know if they currently own the property. It's my understanding that, um, perhaps they don't. And if not, is approval of this project contingent upon the property being transferred to the applicant itself. Um,
I'd also like to understand when we talk about the screening, I'm trying to think what you can and can't approve. You know, we we look at this screening and we talk about the plants that are going to be positioned there. These are going to grow over time and if you've got giant amberies, those are going to be 40t.
>> You have to stay at the podium, please. >> Those are going to become 40t tall. >> Um, and the visibility for turning is going to become very difficult. In addition to the radius themselves, it just seems like an inappropriate use of the property itself. >> U, we understand we need to move our children around, right? We're not saying
that that's not a need for the community. It's just whether or not really this is where we should be doing. Um if the committee themselves if you could help us understand what you do have control over that we might be able to you know redirect some of our concerns in a different way that might
be helpful as well. Um and then finally I'd like to understand um was it the building commissioner that approved >> and who >> the zoning he approved the zoning >> the zoning who does he report into direct? He reports to me. >> And so I assume you'd be able to have
some influence over whether or not he met with the community in a public forum. >> Whether or not he would meet with the community in a public forum? >> Yes, >> certainly. >> And would that be a public record? Is there any way for that to kind of disseminate that information to the group that's here today when we might be
able to set up that meeting? Well, again, I I the building commissioner and at the risk of restating it, the the building commissioner's responsibility is to look at an application, look at the zoning,
and understand where that application and applicant goes for a regulatory review. That process has already been completed. The building commissioner does res does hold uh appointments with individuals from the community, but his
role is to make those determinations. His role is not to come before a regulatory board to defend that position. His role is to make that determination. >> Understood. I guess my concern is, you know, we all make mistakes. We don't really know how this project was
represented to the gentleman. Perhaps some of the information that's come to light since then would maybe alter his understanding of whether or not it is appropriate. Um, if it were myself, I might rather have one meeting than 65 individual meetings. I'm sure he's a
pretty busy person. So, I think, you know, in the spirit of maybe streamlining this process, it might be something we could think about. Um, I wouldn't want to leave here with without an understanding of how to make that meeting happen. So, can you help us understand? Do you want 65 people
leaving a message or is there a different mechanism that we can use to try to communicate with him our concerns and maybe some of the details that we've heard tonight were left out from those initial conversations with the applicant? >> I think the building commissioner can watch the tape from this evening and he can fully understand the concerns. So
the the tape will be on FCTV, it'll be on YouTube and he can he can have the opportunity to watch it and understand what everyone had to say. >> And so the collected group here can understand what is the next step this evening. It sounds as though you're hamstrung in a way, right? Your hands are tied a little bit in what you can
do. Um after this meeting, what happens next? >> Well, at some point we're going to condition uh this application. We're going to either approve it, deny it. If we approve it, we'll approve it with conditions
>> or ask for additional information. >> Yes. >> I mean, particularly I I we we wrote a letter to the to the commission. Um, one of my largest concerns is traffic safety to be honest with you. We've I go by this area all times a day. We've seen buses try to turn left out of that
parking lot or out of Winslow Road onto 28A. It's it's like the video game Frogger. you know, if someone doesn't stop for them, it's pretty dangerous. Um, so there's a lot of concern there, not just to the environment or it doesn't look nice in North Felmouth. I
think it's a serious traffic concern and for pedestrians, for bicyclists, for people walking their dogs, the children that cross there every day. So, >> I'm not really sure what angle, you know, how do we make it easier for you to to help us navigate this, but it's I think you've heard the message tonight
and >> we hear it. >> Thank you again for trying to help us through this. All right. Thank you. >> Good evening. Uh, thanks for this opportunity. My name is Tom Wagner. I live at Cobblestone Lane, which is right at the end of Winslow. Um, sir, I don't
know you or there's your name. I couldn't see it from where I was sitting. And your title is what? >> Community development director. >> Okay, great. >> I just want to check in on that. Um, I'm not sure if you mentioned it or uh Melinda mentioned it, but did did you
say the traffic department reviewed this and checked off on it? >> You listed some people who had you didn't have traffic in there. >> No. >> Okay. And I know you guys said you're going to talk to traffic. And that's great because I no longer use Winslow
Road to get to 28A. I either go all the way around to the rotary or I go down the other end, take Pine Street and go up. I have personally witnessed two accidents. I must be bad luck because I have been behind people who have pulled
out on 228 and gotten hit. Two accidents since 2018. Um, and I hear screeches all the time. That is absolutely a horrible area to come in. And if you park, if you drive out, drive over there and look at it,
you cannot really see what's coming at you. The stop line for that entry onto 28A is a good 35 ft, 40 ft off the street. Because of the two driveways coming from the silver lounge and from
the cheese shop. So the stop line is behind that. It's impossible. you have to pull up past the stop line by at least a car and a half. So, whatever you're doing, if you could get track I I would think that it's in your uh purvey
to get an opinion from somebody in the traffic department to say, "Hey, this is a great idea. Let's have school buses trying to do what a car can't do. Uh get on to 28A." So, that's all I've got. I thank you for the time and good luck
with this. Just have one more thing to say. >> I live wait your name again, please. >> Kids waiting >> and and you have to speak into this microphone. >> Sorry. >> That's so people at home can hear you. >> We can all hear you in here. People at
home can't >> Oh, John more. I I live right here. Sorry, I have a hearing. >> Just speak into the microphone. >> I, as I said, I live on the corner. I see children there. I see kids there and
I see those I try to cross that street. I was I welcome the silver lounge come in when I try to cross that street is bad and I have to ask kids stay away stay away from that road I have to have them move back right I just can't imagine
you know looking at the traffic there and I one thing one more thing those of you in this room who are supporting this or you know working to make this happen I'd like you to go home tonight and look out your front door and look across
across the street. Would you want a bus depot across the street from your home? That's all I have to say. Thank you. Thank you, >> Cynthia Bourge. Again, I I just think that the the path forward there are two
questions. One is a legal question and the decision of the um building inspector as in his role as the decider of zoning. Was that an error? Should a special permit in fact should have been pursued? I still think that question is
unanswered. Uh Charlotte Har raised it. Harris raised it and I think it should be followed through. is something I'm going to be looking at and um because there is a whole different ball of wax with that process and then also the
studies that you brought up Mr. Fox, I just urge the the planning board to bring those to play. That's our path forward at this point. More information is needed. If it is a matter of right, I think focusing on denial, denial, it's really just a huge expansion. What is
the impact going to be? What is the safety? That's the focus that I'm asking for. Thank you. >> Can we discuss this for a while? Anybody else? >> You guys have any opinions? >> Okay, then we're going to go to the
board for uh questions or >> Scott. Go ahead, John. >> Well, the two points I brought up, I would I just don't I don't want to go to the town traffic study. I wouldn't require a professional traffic study like we do on other like we did uh on every other major development with with
outside consultants and and bringing up some of these issues, the turning ratios, the safety, everything. And what I heard more than anything else is the you know the both noise with the bus starting up and you know and the the hours that they'll be hearing and then
the pollution level that that I think I if I lived in that neighborhood I kind of like the smell of food sometime but I'm sure not sure I like diesel fuel. So I I think that is a really big impact and that is within our per purview to talk about and then I would just
recommend you I don't want there are there's another solution that's outside this board you all should be paying attention to okay but we can do what we can do >> but I can we get can we >> do we have to vote I'd like to I'd like to move that we require traffic study
>> I think we'll be requiring that and other things as well. >> Yeah. Wait, no. But wait a second. This is a board discussion. Sorry. >> I'm I'm trying to have a discussion with the board. And I'd like to make a motion that we require a traffic study before we take this any further.
>> And an environmental impact study. >> We can do it both at the same time. Yeah. >> Let's let's make a list of what we'd like to do and then we can vote on it. >> Okay. >> I've got traffic study. I've got environmental impact study. Um anything else? >> Where does noise come in? Is that part of
>> noise and lighting? >> It's our turn you guys. >> I think the safety issues are really should be very close to the top of our list and they've been raised in many ways. Um the business about the screening as it was described seven or
eight feet tall. It will grow or it won't grow. If it's only seven or eight feet tall it won't screen the buses. If it's any taller it will prevent the drivers from being able to see enough to get out of the lot. So there's a problem with screening when they have so little room in which to plant any kind of
screening and so little room in which to get out of the parking area and onto the street. There's a problem with the turning radius within the the uh area that they plan for parking for turning for the buses to be able to turn around
and drive out of that lot. So that I'd like to see how that works out. If if I don't know that much about school buses, but if school buses are any longer than what they're planning on here, there's not room for all the buses in which they show plans with their pen right here. I
think there's a big safety issue coming onto a narrow highway and getting onto that. So safety is is a very big kind of a thing. I agree with Jim about the noise. I agree about the proud and crowded parking lot, but I would really want to see this. I really
think this has been misnamed that we are trying to look at it as something that in fact it's not. There's no apparent intention to use where uh they used to store all the food back there, the warehouse. Nope. Nobody's going to be there that we know about and only two
people here. This is not an office with an ancillary parking lot. That's not what this project is. And I think before it goes any further, we need to condition it for being properly labeled. So those are my two main issues. Safety
issues and correctly describing what in fact is the intention here. Oh, I forgot one other safety thing. There are things missing on this plan that if you're running a bus depot, which they will be, there's apparently would be fuel tanks. Fuel tanks. there that's there safety
issue with those that's for sure and they don't show on the plan. So the plan appears to be incomplete. If they're going to be washing those buses where where are they going to get the water for that? How is that going to happen? And that's not indicated on the plans. I think the plans are mislabeled and
incomplete. >> Bob, are you making a list or uh yeah plans? >> Yep. >> Okay. Uh, >> you want to comment on it? I don't think we should allow them to wash the buses on the site. >> I don't think we should allow them to
>> I don't want to know how they're going to do it. I, you know, there would be all kinds of extra drainage. I don't think we can allow them to have fuel there. Yeah. I mean, it's a whole a whole another subject. I don't think we need to bring those up. They're just not allowed. >> But at the point they have to actually deal with it, they'll have to be more uh
honest. >> I know. I'm trying to keep what's on the site plan. Okay. And I'm It's obvious those things aren't on the site plan, so they can't happen. And I'm just trying to keep it >> under our bylaw. We have requirements. We haven't even really gone through the requirements, but we will.
>> Um, I could a buses diesel. Is it diesel fuel? Do you know >> or electric? Yeah. >> I think we've covered everything. >> Okay. No, I I think that uh our path to uh denying this is based on safety. I
mean, we've denied things before based on uh safety issues. Uh my vote was against the uh Wendy's because I felt that was a very unsafe uh site. I lost that vote, but uh I know in the past we have denied things because of safety
concerns. Uh and I think the the traffic study will help uh and make that conclusive. >> Well, we have on-site safety also and that's part of our regulations, access and circulation. And >> so this mean we do parking lots all the time, >> right? So we can we'll continue to to
review this. >> Do we have the final engineering? We don't. Do we? >> It's attached to the staff report. >> That's the final. >> This is just the the initial um report. Okay. >> They have revised plans according to
this. >> However, we did not have anybody comment on them because we figured there might be more revisions from the board. Okay. that needed to be incorporate incorporated as well into the plan. So instead of having engineering review it and then it being revised again and
engineering review it, it would just be done at once. Um you might want to bring the applicant back up and um ask him some of the questions that you um the board had as well. >> Thank you. And for the applicant
I'm I'm ready to see some >> Yes, Mr. Chairman. Mr. ODA will be here with me. >> Okay. What specifically is the question? >> Well, we're starting to make a list here. >> Uh do you propose to have a traffic study?
>> We will uh have a traffic study prepared. >> Okay. An environmental impact uh with >> I'm not exactly sure. I understand environmental impact. >> You're dealing with uh fuel uh uh vehicles. You have oil uh that leaks.
You have fuel leaks. You have uh any any anything that leaks out of a a vehicle. Uh also uh the uh the air quality uh as a result of uh that many buses being on a small piece of land. >> Noise dec.
>> Noise. I'm getting to that uh noise levels. Uh lighting uh the um let's see >> I think they did mention lighting. They did say that there down lighting and
dark sky. So they they had addressed that. >> Yeah. Uh are there plans to uh have a fuel depot there for fueling the buses? uh is it going to be a wash station and if so uh what's going to accommodate that as far as uh drainage and
collection systems and and all that uh Charlotte mentioned the plans that would come along with the plans uh let's see there was something about noise that I also wanted to mention but I >> from the backout >> uh well yeah that that would be part of
the noise uh study so yeah I think that anybody else add to that No, >> I think that's uh chosen. >> Tommy, any other thoughts? >> No, not right now. >> Well, I'm sure we'll get a specific list
>> safety relating to the minutes of the meeting. >> Yes. >> And uh we will address them as best we can uh as you do in all the comments uh with site plan review. >> Okay. Of course, a traffic study, you
know, we're probably talking what, six to eight weeks. Uh, you know, it it it takes time to >> Yes, it does. >> Yeah. >> But it's important. >> I'm sorry, sir. >> It's important. >> Of course it is. It's not a problem. I understand the concern.
>> We're happy to address it. >> All right. Thank you. So I have one more question from the audience and then we're going to uh continue this hearing >> to the podium to the podium please. >> The reason we ask you to come to the podium is we have a huge audience at
home that cannot hear you. >> I understand Shannon Sams again. Um, many people asked why why are you moving from an industrial park that is clearly zoned for this and capable of this to a tiny parking lot in a mostly residential
tourist area of North Falmouth. >> It's a simple response uh because he's been looking for a piece of property to own in Felmouth to conduct his business for considerable period of time. this piece of property came up was available looked at it looked interesting and
wanted to pursue it and that's that's the reason it was an economic decision that he made based on his business. >> All right. Thank you. >> This this is the last last thing from the audience. >> Question Joe Burnholds just related to the um
>> the ownership of the lot. Is that currently owned by the applicant or is that contingent upon approval of these plans that that sale would go through? Uh, it is not owned by the applicant and I do not believe it's contingent uh on the uh planning board, but I'll have to
check. >> All right. Thank you. >> That it. >> So, we're going to continue the hearing. Continue. >> Yeah, let's continue it. We got give I'd like to move to continue it. They've got a lot of stuff to studies to get in and plenty of time to get it done.
>> So, how long should we continue it for, do you think? So you have to continue it to a specific date and if they don't have the required information by then they can um request a continuance from that date but you you do need to to specify a date so that a butterers have a chance to come to that specific
meeting again. >> Okay. >> Um and then if for some reason there's another meet well there will be another meeting but if for some reason it gets continued you'll know because it will say also on the agenda or at that meeting we will tell you when it was continued to. you won't get any more
butter notifications from us. You'll just have to you can call our office and ask us um if it's going to be continued or if it's still going to be on if you'd like. Um but they do have to specify a certain date
>> for for the applicant. What what would you like for a time frame? >> I know you meet on second. >> Yeah. To to the podium, please. I believe you meet on the 2nd and fourth of of a particular month. Is that usually schedule?
>> Uh I I'm thinking that uh uh it's going to take uh March, April. I think we should be uh into May. >> Okay. >> Uh for a uh a detailed meeting where we can address a number of the issues that were raised. I think that's realistic. >> Our second meeting in May.
>> Yeah. >> Okay. Let me just get the date. >> We'll give you an approximate date here. >> You have a date? Yeah, >> she's looking it up right now. >> Yeah, May 26th. >> Okay. So, I move we continue. >> That is the day after Memorial Day. >> The day after Memorial Day.
>> So, I I don't know if the board's planning on having a meeting the day after Memorial Day. We can probably handle that down the road. But if if that's not the case, then you would be into June. >> Let's do it the two weeks. Is it the two weeks after that? June. >> Uh
let's see. June 9th. You good with that? >> June the 9th. >> Yeah. So, we're all good. >> I'll make a motion, Bob. >> I'll move that we continue this till June 9th. >> Second. >> All in favor? >> I >> I Thank you. >> John, could I could I address the
audience for a minute? >> I don't think so. >> I want to thank you for turning out to protect your neighborhood. I think that's great. >> We have a recess. Josh, can we have a recess? >> A recess for what? >> You want to have >> I request a re You want to have a snack?
We need to do >> You have to do it. >> Okay, >> we're in recess for 10 minutes. Thank you. We're going to be back in session now. Uh the next hearing is uh an Hershield applicant site plan
review application to expand and renovate the floor area of the existing restaurant from 12 seats to 45 seats located at 352 Main Street, Unit 3. And for the applicant, >> so you just need to read the public meeting. Sorry.
>> Yeah, I always forget about the public. Public notice for this project was published on February 27th, 2026 and 30 abutters were notified by regular mail. >> Thank you for the applicant.
>> I have to just make an announcement. Uh previously, uh I've represented the landlord on this property for many years. I terminated that arrangement about two years ago and I have no longer have any relationship with the landlord.
So I feel I'm comfortable. I do know these folks, but my financial relationship was between the landlord as as his broker and I no longer have that >> situation. So I'm comfortable that I can deal with this in a fair manner. If
anyone objects to that, I'd be glad to recuse myself. >> Object. Um, hi, my name is Anest Hersshfield and I'm speaking on behalf of myself and my husband, Hollis Hersshfield. We are the owners of Devour Artisan Eery located at 352 Main Street in downtown Felmouth.
Um, we are in the process of uh getting a building permit to renovate, devour, and turn our space into 45 seats. We currently have 12 seats. Um, and we are seeking your approval to increase our
use um, and uh, use the existing shared parking within the plaza. I'm happy to answer any questions that you have. >> Um, have any comments, make this? >> So, I have a little general um, synopsis
or summary of the parking situation at that site right now. Um so there are currently 48 spaces and of the square footage of all the other spaces which
are um retail um they they require I know it's shared parking they require 41 parking spaces after a 25% reduction which they had already received in the past. So there's 48 which leaves seven you
know specifically for I guess devour the restaurant which equals 14 seats in the restaurant. Now this is in B2 zone and B3 zone that's split halfway or somewhere in the lot. So, it's not um the the the
on street parking that's there really isn't taken into consideration because it's not B1 with all the other main street um businesses, how they get like parking relief because of being in B1.
However, um so ultimately it depends on the amount of spaces that she has. So their hours of operation are going to be extended and the evening hours don't come into play because all the other businesses will be closed. So it's
only the hours that they're open for lunch that will come into play with this parking situation. Um so right now if they kept 45 seats um for the lunch um they would be lacking a a bunch of
spaces. But if they I think at one point she had showed us a and it's in your packet a a layout that she could close off and just leave 25 seats. Um so she could take a curtain and there's an area where you can just like wall off part of
the the seating capacity. Um so if she is left with 25 seats then she's only lacking about seven parking spaces. Um, and I don't, you know, it's up to the board to decide whether or not, um, the
parking is sufficient at that site. You can't necessarily take into consideration, like I said, the on street parking that's there, but it is it is there as well. So, >> um, oh, sorry. >> This into the context, you remember we had the parking study because there's
such a concern about parking downtown and all of us who live here have had trouble finding a parking space. So, we were all in favor of getting a parking study and surprised by the results >> that it turns out we have piles of parking.
>> So, could I wonder if you could put this project into that context of the report that we got about parking? >> Um, yeah. I mean, it's because it's B2 zoning, you technically cannot. >> Correct. um because of our bylaw and the way our
bylaw specified for parking. Um however it is in the area that you are talking about. So >> may I make another quick thing too also wanted to say that within that parking in the daytime um we are not a sit down
restaurant. We don't um you know you can't sit down and a server comes over to you. So in the seven almost seven years that we've been in business, this really is very much uh kind of turn and burn situation. I don't I know that that
might not have any sort of like you know uh what's the word? Not not legal bearing but like weight on the whole situation. But I just wanted to also address that that you know most people that come over come into our business in the seven years that we've
been operating it really is a lot of times people coming in and if they are sitting in one of the seats for a minute it's a quick turnover and not only that sometimes they're just sitting to wait for their sandwich to leave. Um so um I
just wanted you all to understand that as well. >> What what are the hours of operation? Um, right now we are open through lunch till 3:00 p.m. Um, 8 to 3 has been sort of our typical
hours. It could be end up being 10 to 3. Um, so and then but but for the night time it would be after 5 where the businesses aren't. I'd also like to say that um I do I'm not sure if you have it in there. I do also have a couple letters
in there um from two of the tenants. I did try to reach out to others, but Comcast is a huge conglomerate and I don't know who the owner is. >> We're going to read those. We'll read in a little bit, but >> Okay. >> Any other questions? >> Yeah. Uh, so it's the B2 zone for this
property that's kind of uh limiting what they can do for parking. >> Yeah. >> Whereas all the other restaurants provide no parking. >> Right. >> That's the point. I'm so lucky. You know, >> right? They're just across the street. >> And they're just across the street.
>> Uh I is Is there any way we could work around that? >> We can we can >> I I mean I think so. I mean, as as Melinda just mentioned, you're so close to the required number of spaces. >> I think that the board in, you know, in
your authority can say, uh if you're so inclined that you feel like the uh amount of parking on the site is adequate. And that would require them to ask for a waiver. >> No. >> No. >> No. >> Okay. >> No. But you would take into fact into account the fact that there's plenty of
on street parking nearby. >> Okay. >> And al also other off-site >> options. Okay. They're they're also impacted just like all the other B1 zoning with all the stuff that goes on downtown. >> Exactly. >> That that like when the library is doing something, they all park in this li you
know they treat it like it's B1, but it isn't. It's really a little bit unfair. So if there's a way the curtain idea, you know, kind of >> it really is that Go ahead. I'm sorry. >> No, go ahead. >> It's really that lunchtime issue because as as Belinda described in the evening, all the other businesses are generally
closed and therefore you can share that space because no one else is using it. The existing parking lot, the lunchtime be becomes a bit of a challenge. >> So >> would we have to require a curtain? >> H we don't have to require the curtain.
That's just one thought. >> So that's to block off um some of the seats to go from 45 seats down to about 25 um for only the lunch bird. >> We wouldn't have to do that. >> You don't have to do that. >> No, we don't. It seems very fig leafy.
>> Just a suggestion. >> I was going to add one. My name is Holla Hersfield. Um co-owner of Devour >> and husband. And you guys have already just kind of touched on it, but we've been there seven years. And it is a private lot, which is clearly noted that C, you know, you may be towed on the
owner's expense, but in seven years, not one car has been towed. And a lot of that's just because that's not who we want to be as the policeman of the town. And we frequently, as much as we can, let the public use it. And it is almost, you know, it's used quite frequently by by especially at events, but on a daily
basis. And as long as we have parking, we pretty much just look the other way on that rule. Only mentioning that because like we're asking to share the public parking and the public is sharing in our parking. So in a way it's kind of a wash. >> Yeah. >> Just wanted to bring that up.
>> Right. >> Any other questions or comments? >> Good sandwiches. >> Thank you. >> Thank you. Appreciate it. So my my only thought is um you you presented to uh your neighbors. We had three letters. We're going to read them
>> that you would put a curtain up and use the extra seating at night, not during the day. And I don't know if your neighbors would be happy if there's 45 seats and people are sitting in all of them at 1:00 in the afternoon. There's no parking for anybody.
>> Yeah. you know, your business might be so improved so much that you may become a burden to everyone else. >> Absolutely. >> So, um it's just a thought. I mean, >> yeah, I I mean, I totally understand that when I mean I can only speak uh
truthfully to what I've spoke to my neighbors that you have letters on. Again, other people I I haven't talked to because of their bigger companies, but I mean, >> even with the conversations I've had with them about it, say it being 45
seats, >> they've been like, "This is great." Like one of the our neighbor to the left or to the right of us is like, "You're open and you have business. It gets me business." you know, like she has actually said the you all being open and
as busy as you are helps my business and and times when you guys are closed like we've actually been closed for a while now and she's like I mean granted it's the winter too but she's like I miss you guys like your clients aren't coming in and helping you know buy my stuff. Well,
I'm I'm just taking the worst case scenario, >> of course, >> that they think it's going to be 12 plus some seats and the rest is going to be curtained off and now if we approve 45 seats, 45 seats all the time and >> Yeah. >> and that it may
>> may not be what they would like to see. >> Absolutely. I mean, I think in the letter also that I had presented to them um and I am open. we are open to and when I say a curtain it's not like every day I get up there and I >> throw up a curtain it's you know would
be something beautiful that I just go >> right >> and um you know open also to the amendment if I mean I don't know how one regulates that uh except for I'm an honest person and I won't do it but um I
don't have a problem with saying it's going to be 25 seats and we're for lunch we're happy with that. I don't know how you can if you're if we're allotted 45 seats. I don't know how one >> well if we allow the 45 seats you don't have to have a curtain. >> Right. >> That's the point. Right.
>> Right. So >> So how often >> just to to just one point she has two letters of support. The other letter is her letter that she sent to her neighbors and she did say 45 seats. >> Yeah. >> So she didn't tell them that they were going to be cured off. I was >> her letter in support also.
>> Yeah. I wrote my own letter of support. Um, sorry I interrupted. >> Um, how often are you filled to capacity? I mean, is it uh, >> um, so it's >> it's not like you got this huge crowd that comes in all of a sudden and people are in and out and >> Yeah. So, I mean, that's an interesting
question because we're not a sitown restaurant. We're never really full filled to capacity. It's just literally like >> a constant sort of revolving door. >> Yeah, that's kind of why it's worked to this point with the limited, you know, when when the public that's why we haven't
you know, raised it as a point in our defense as far as like towing people because >> it's always just the timing. People >> sort of >> es the people figure it out. It's worked. But >> is the nature of your business changing in any way? >> Um, the nature of our business at night would be changing because we're not
normally open at night, but in the daytime, no, staying the same. >> So, >> okay, we we had two letters of support. I don't need to read them. Okay. I I don't we've been here for a while already. So, >> yeah.
>> Um, so if we want to make a motion to support the 404 spaces, >> 40 I think it's 45 seats. >> 45. >> Yeah. >> We can I can draft up a motion. >> I was reading I was reading the parking lot. >> The previous Yeah. 45 seats.
>> We can make that motion this evening. I I can draft a motion for next meeting and and we can uh just read it into record then. >> Yeah. >> And it would be not have any uh conditions other than the standard conditions. >> Correct. >> Right.
>> So um our next meeting is Tuesday. Um I I think that I can have it ready by Tuesday. Um it's >> one week. Boom. Boom. This week. >> So um >> and you don't you wouldn't need to come to the next meeting. It's just literally being read into the record. Um,
>> but yeah, I >> can ask for a motion. >> Anybody want to make a motion >> that we request a positive um a draft? >> Yes. >> Request them to make a positive draft. >> For for 45 seats. >> Yeah. >> Yeah. For 45 seats.
>> Second. >> Second. >> All in favor? >> I I unanimous. >> Thank you all. See you next time. >> I know you all have had a long night and I appreciate your time, especially when you could be out celebrating St. All right. >> Thank you all so much. >> Thanks so much.
>> Good luck. >> Yeah. >> Thank you. >> Okay. >> Had to bring some corn beef sandwiches. >> I know. >> I wish all meetings went this quick. >> Thank you all. >> Thank you. You're welcome. What's
>> next? All right. Next on the agenda is planning board discussion, seasonal communities. >> So, if I may, um, at the last meeting, although it's hard to remember when exactly that was because of the blizzard, but at the last meeting, you
asked, um, that we provide some additional information on seasonal communities. So, in your packets are two important items. Uh first and foremost are the final regulations that were released um back in February by the
Executive Office of Housing and Livable Communities. Along with that second item is um a presentation that was provided by that same agency to uh folks on the Cape. So planners um building
commissioners etc. we all attended a virtual information session where the presentation was provided to us. Um some very basic u benefits um include the fact that as a seasonal community which
Falmouth has been designated as such. Um, in order to accept that designation, the town must go to town meeting. Their town meeting must approve uh that designation. That is currently on the warrant for April town meeting. Um, but
some of the benefits include uh the ability to establish a year-round housing trust fund. Um, to establish year-round occupancy restrictions, uh create uh public employee housing preferences.
um also uh enable yearround artist housing. Um pursue residential property tax exemptions and increasing those. And then finally um obtaining some incredible funding from the grant
program that they're going to be putting together to support this designation. So those are some of the benefits. You can see them in the presentation. I won't go through them in detail because you can you can read them in there. But specifically for the planning board is a requirement. If town meeting approves
the seasonal uh communities designation within two years, you need to adopt two important components um for your zoning bylaw or amend your zoning bylaw in two ways. First, you need to allow uh by development for attainable housing units
on undersized lots. I'm going to get to what that means. >> We have to do that within two years. I thought that was an alle cart thing though. That's a That's a put. >> That's a shall. >> It's a put. A shall. That's a sh. I didn't realize that. That's >> But it's a key. >> Yes. >> Oh, I'm not against it. I just wanted to
understand it. I misunderstood. I thought it was an option. It's not an option. It's a put. It has to happen. >> Right. You also need to allow um the development of tiny homes as a byite use in all single family residential
districts. Can you expand upon that for a minute? >> I will. So, um, a tiny house is a detached principal dwelling that is capped at 400 square ft. So, anywhere you allow a single family
residence is considered in the eyes of the state in the regulations a single family residential district. So, that includes a lot of districts in >> business districts. >> Correct. by right use single families by right in a lot of districts
>> correct so >> ar >> holy right >> we you should list them off instead of me >> you want to go first >> no >> okay so it's a double A B1 B2 B3 BR public use residential
double A residential A B C general residence and your senior care retirement district So the vast majority of districts in town, if seasonal communities passes a town meeting, you must allow a tiny house to be developed
by right in those districts. And again, that's just a principal dwelling detached capped at 400 square ft. >> And that little tiny house is say 4 feet by 10 ft. That would be 400 square feet, >> correct?
>> At the most. So, that really is a big shed. Just so we can picture it. >> It's not even a big shed. >> No, it's a medium shed. >> I'm sorry. I didn't understand that part. >> No, no, it's it's all right. >> What? >> So, >> so uh does tiny houses expand into other
zones that ADUs aren't allowed? >> No. >> So, I I really don't see >> that's because business >> no ADUs. Oh, cuz an ADU is allowed to buy it. Well, so but why would anybody want to put a tiny house on the lot? >> It used to be so much cheaper.
>> Well, you >> you can do it now, >> but but still you could do it now. >> You do it now. >> No one says you have to build a 900 ft ADU. >> Um I think there's a component that it has to be attainable >> seasonal, isn't it? Seasonal on wheels. >> It's a principal dwelling. So that's the
difference. Yeah. >> An accessory dwelling unit is accessory to a principal. Mhm. >> Tiny house would have to be the principal dwelling. >> Oh, >> right. So, to answer your question directly, >> okay. >> Um, no, tiny houses would be allowed in
all of the districts that currently allow ADUs by right. >> Yeah. >> Same principle. Anywhere you allow a single family residence, you now have to allow an ADU by right and you would have to allow a tiny house. >> Back to the future with Mara Vista and all that, putting small houses on small
lots. >> Exactly. Could I add to that though? Because there's a part in when you read the final regulations which have only been out for a couple of weeks, but when you read them, you have to accept the undersized lot business and you have to accept tiny houses up to, you know, as
small as 400 square ft. You do not have to accept tiny houses that are mobile. They are >> right >> discretionary. The town could would not have to accept trailers parked on small lots. Correct. >> That that would be trailers all over
town. >> That's not required. And I'd like to make a comment about the undersized lot. Remember, not that long ago, since the since Christmas sometime, uh we had to think about uh another one of the state's ideas about uh having um a
specific zone for affordable housing. And I really was opposed to that because it struck me as finding a zone for uh people based on economics and I thought that was not a good thing for us to be doing. This is allowing undersized lots.
This would allow somebody who owns say a 1acre lot which is pretty common around the older some parts of town to say I'm going to carve off a piece of my lot and create an undersized lot. I don't think it does.
>> It makes it a requirement. >> It does. >> It's a requirement though that you permit it by right. So, you're losing control of it. >> If there's a house already on that lot, you can't make it more non-conforming the lot. So, if there's already a house
on said lot that you're talking about that they want >> lot is one acre. Yeah. Yeah. So, they would if they need 40,000 ft, which is just shy of an acre, they can't shave off 10,000 square ft because that will make their lot non-conforming if it's already built on.
>> Uhhuh. Good point. >> So, it's tiny lots come from. >> Well, if you had more than an acre, you >> Yeah. So, if it's 50,000 square feet. >> Yeah. So, it would have to be like a twoacre lot at le or over an acre. So, >> it might be valuable to just finish the
tiny house um item first and then I'll walk through the the undersized lot. So, two more things on the tiny house. The allowing them by right, you now have to allow for them or you have to require them to be year round housing units. So,
they cannot be short-term rentals. They also need to comply with the state and local building codes. So, there's been a lot of concern about a tiny house not being able to satisfy the building code. They put in language into it that says it has to. So if someone can find a way
to make that work, so be it. And then to Charlotte's point, the community has the ability to either regulate a movable tiny house or prohibit. So you can prohibit them or you can allow them and just overre well not overregulate but
regulate them in a way that's not identified in the seasonal communities um regulations. >> Right? Okay. So, that's >> You could put more than one on a lot, too. >> No. >> No. Just one on a lot. They could do an accessory apartment, but then it would
only be 200 square feet at most. So, you know, it's it's not >> if you were to break up land, even though, let's say you had plenty of land, you had your acre and you had an whole acre that wasn't buildable, you still need to have the the 100 foot frontage and and the setbacks or does
that go away too >> for the tiny house? Oh, yeah. Yeah. Yeah. Yeah. >> Okay. That's a lot safer. We're not going to see, you know, >> Yes. >> I'm just trying to understand why. What's the benefit of these tiny houses? >> Well, I mean, you know, it's a smaller house, smaller cost.
>> Yeah. >> That's ADU costs too much money. >> And in a lot of places, the land isn't as expensive as it is here, >> right? >> Yeah. >> Yeah. Well, it would seem possible if if a developer owned several acres with no houses on it. They
can just turn it all into very tiny lots with little tiny houses on it. Needs a miniature cottage settlement. >> Frontage is >> the frontage is the point that I was getting. It still needs 100 or 120 foot frontage. >> No, it would need the frontage of its
tiny lot. A tiny lot would come with a frontage. >> How could it comes with our existing zoning? >> Be careful. So there are two very So the tiny house component was was easier, right? So it's just adding an allowable use with the details that I just
described. Now we're going about we're going to get into the weeds on the undersized lots. This one's a bit more complicated, >> right? >> This is where you have to again, if the designation passes, you have to allow for an attainable housing unit on an undersized
lot. Now, an attainable housing unit means it's deed restricted year round and it is uh restricted to um households that earn up to 250% of the area median income. >> Mhm. >> Right. So, that's the starting point.
Undersized lots have to be at least 10,000 square ft or 25% of the minimum lot size of that district, whichever is greater. I'm just going to go through the rules and then we'll come back to that lot size thing because it's >> you said 10,000 square feet. We allow
building on pre-existing non-conforming lots down to 7,000 square feet. What about that? >> Let me finish. Let >> Yeah, let let me get through them all and then and then we can Yeah, I know. It's It's a lot. It's a lot. So, there are setback rules with these undersized
lots. So a setback can um cannot be more than a 1 ft for every 1,000 square ft of lot size. So essentially if it's 10,000 your setback can be no more than 10 ft. So you're very close to the road and
frontage cannot exceed 20 ft. So >> the front setback >> any setback >> no front edge >> so frontage right frontage the the area along the roadway cannot exceed 20 ft meaning that a lot more lots would be
eligible these undersized lots would be eligible for uh development again of obtainable housing unit. >> Two more things they are required to adhere to any Florida area ratio requirements that we have in place. Our bylaw doesn't have any of those, so
that's fine. But they also have to comply with any wastewater components, be it local, federal, state, etc. >> Then they have to have a yearround occupancy restriction. So they cannot be used as short-term rentals, right? So
let's jump back to the lot size one because that's that's a little confusing. Again, in single family residential districts, there are a vast majority of of those that obviously would allow for the undersized lot component. Minimum
lot sizes. Basically, there are three categories. There's 80,000 square ft. There's 45,000 ft. I'm sorry, there's four categories. 40,000 ft² and 20,000 ft². essentially 40 and 20 would um
default to the 10,000 square foot minimum lot size because if you take 25% of that number it's smaller than 10,000. So at th that those two categories would be 10,000 ft for a minimum lot size. The larger ones are bigger. So for example
in agricultural doublea minimum lot size is 80,000 square ft. 25% of that is 20,000 square feet. So an undersized lot would have to be at least 20,000 square feet in the agricultural double A and
the residential double A. So it gets a little convoluted on what would require what the minimum requirements would be for undersized lots. >> Is there any way you could have a hypothetical subdivision that we could look at and understand the impact of
this? I was I'm I'm planning on putting it all together in sort of a memo so that hopefully that's a bit more clear um because it took a while for me to get through it as well and it's >> like >> what kind of septic >> was scenario base. >> What about these areas that have all the
frontage and like the country club uh >> big where you know they're agriculturally zoned and they're big lots. >> There could be a lot of small a lot more small lots. Well, and part of the regulation that is a little troubling to
us is that they didn't, in my opinion, there isn't clarity in the regulations as to when the law has become undersized. So, there's language in the regulations that basically says at the time of endorsement. Well, the time of
endorsement could be yesterday. And so someone with an undersized lot in theory could divide up their lot in multiple ways, endorse it through an ANR process, and then come forward and create, let's
say, four um attainable housing units on those four separate lots, which are smaller and don't have the required frontage that they would normally have. >> And they don't have to be 400 square ft. Right. >> Right. That's the >> You could do 600 or 800. >> Yep. you could >> or a thousand square foot house, they're
risk creating a lot more lots, >> right? The only requirements for the housing unit would be that it has a year- round housing restriction and that it's deed restricted to uh households that can earn up to and not exceed 250%
of the area median income. So that's why I had this in your packet >> shows you what the 250% AMI income. >> Well, I understand the AMI seller, but does that show the lot size though?
>> Oh, we're just talking about the income. >> Yeah, >> the income. Well, you have to have to qualify. So for a family of four at 200%, not 250, it's $273,400 a year. That charts under housing
production. Not that I've seen that before. Yeah. >> So, the 250% AMI for a family of four is $341,750. >> So, that that bracket could get >> So, you use that number to price the sale of the house if you're the developer.
>> Who controls who is this? Who who monitors the income? >> It would likely be Well, I mean, that's a great question. >> Hack. Yeah, it would likely be a third party. >> Yeah. Same as we have for the >> They took away a four house for me because they didn't want to have anyone monitoring it.
>> Yeah. I mean, it would be it would be very difficult for staff to have to monitor all of those. >> How could they do that? How could our staff monitor all those lots? >> It's it's it would be close to impossible. >> It's it's a lot of work. So, it would
have to be some sort of third party. >> Think for a minute with the lot thing because I think that's it's the lot thing. Yeah, >> that would really change the character of any neighborhood this all occurred in. And the way the lot restrictions are are stated, they're stated really as
maximums. There's no minimum. There's nothing to say you can't have them immediately abuing. These could all be condos. Picture it. It doesn't say you have to have a setback. Just says you can't have one more than >> Yeah. It's just >> 10 ft >> undersized lot. Yeah. >> Right. Y
>> and you could you could fill if if the lot has to be 20 ft wide and 50 ft deep to make the 10,000 ft. You could fill that going straight up and have a lot of them. >> Well,
>> you could there's nothing in here that doesn't say that. >> It It does not say that you cannot have multiple attainable housing units. >> No, it doesn't say that >> on the undersized lot. You're right. >> Right. Because my sticking point with this, and I had already downloaded the
regulations and gone through them. I'm interested that they didn't come out until what, four weeks before the town is supposed to vote on them by chance because I was interested in another matter. Um, I went to the select board meeting where the select board was going
to either recommend this or or continue it or do whatever they wanted to do. And they recommended it and they recommended it without any discussion. very interesting because they had read it from the draft regulations put out was that it had to be the town meeting to
decide >> the town meeting has to decide all kinds of things but it's with a a select board's thoughtful recommendation and this didn't actually get that because I watched that happen and my problem with the this thing it I think that the
seasonal community ideas it's like a little idea book these are good things that we could do if we wanted do. There's nothing to stop a town from doing any one of them. We could adopt all these ideas if we want to. We can go through and pick out the ones we like,
but we have to take their requirement about tiny lots and tiny houses if we go ahead and accept it. What do we get by losing that control? We get to have houses for artists. We can have
houses for artists. We don't need them to help us do that. The one thing we actually seem to get is we get to have a preference for our public employees. We have a set aside because now we have a 70% set aside for residents possible in
40bs and that kind of thing. We don't have a set aside yet public employees that seems to be our only benefit or I've misunderstood it. What do you see as a benefit we get for
losing control of this lotsiz thing? >> Well, so I think it's important to not stray from the role of the planning board. So the planning board's role tonight is to know about the zoning amendments that you would be required to
bring forward to town meeting within two years of the seasonal communities designation. Now, as town meeting members, that's a different conversation which we can have offline, but the planning board is responsible for the zoning. And so that's the presentation
that I'm providing to you tonight to get you uh at least introduced to the concept of these two items because if town meeting does approve it the the designation, we have two years to draft that bylaw, have it accepted by town
meeting and then approved by the attorney general. Otherwise, the designation of seasonal communities is lost. But in any event, at the end of the two years, we are required. We have by right these zoning restrictions and
these tiny house and tiny lot restrictions. They're required. No more choices. We gave that away. >> Correct. You are required. It's a shall. >> And is it so the planning board is not being asked for a recommendation to hand along to town meeting? >> No. No, ma'am.
>> Even though it involves zoning. >> Um, so >> seems odd. The acceptance of the seasonal communities designation, yes, technically does involve the requirement to do zoning. The only time the planning board wouldn't be involved in a recommendation at town meeting is when
you propose zoning and and currently you're not proposing zoning. It's just the designation >> and the selectmen have already said go on this one. >> They the selectmen have authorized it to go onto the warrant and put it before town meeting for that vote yesterday.
How many is going to be wild? It's going to be interesting. >> I can't hear. >> So, so again, it's just to introduce you to those two concepts. I think the tiny house one is a little easier to understand. I think what we can probably do is put together um a more detailed
either memo or presentation that will outline what that undersized lot component would look like because it is a little bit more confusing as to how that would change and what sort of impact that might have on the on the town. >> We have no vote for indefinite
postponement on this issue. >> That's correct. Not not at this time. Not at this time. And if the town if town meeting accepts it foolishly, we have lost control of that part of it.
>> That's not entirely true. So the planning board has the ability to hold public hearings, proposed zoning, but if you don't necessarily agree with it, that might might be the time where you not bring forward the zoning articles. But again,
understanding that if you don't do that and you know, town meeting has already approved the designation, you're at risk at the town is at risk at losing that designation as as a CEO community. >> Well, here's an important thing to know about it. There's no drawback to not doing it this year. We could do it next
year. >> You could. >> It will still be here. The opportunity is still there. They don't foreclose that accept. There would be more town for time for the town to understand it >> to be able to see the pluses, the minuses. >> Is there there's not a certain time
frame to accept a designation >> one you mean like >> she's saying put off the delay the the acceptance of it. Right. >> Right. To delay acceptance of it. You don't have to accept it right away. >> Again, that would be a that would be a a vote of >> the town meeting.
>> Yep. But it'd be good for town meeting to understand that if you don't accept it now, you could accept it in another meeting. You don't have to do it now. It will still be there. >> I can't speak to that. I I don't know if that if that's a thing, but >> but I do know because you can read about
it and in fact it says it in it. >> Okay. Again, just talking about the zoning uh this evening. So happy to bring forward um model bylaws when the Cape Cut Commission. So part of this program is that the Cape
Cut Commission is going to be helping out drafting model bylaws. Um once those are released and after town meeting whatever happens at town meeting propos you know let's suppose that there's a positive vote we will bring forward those model bylaws and we'll work with
the board to sort of craft you know uh sight specific or town specific elements or just go through the model bylaw with you um and we work through the process together. Jed, are you planning to make for town meeting planning to make um some visual
presentation so you can see what that tiny lot thing is because I didn't understand it until you laid it out about the different sizes in the different zones. >> Yeah, I I don't know exactly what the plan is for town meeting yet for this particular um article. So, I'll be
working with the town manager to figure out exactly how they want to address that because >> that would be the important part >> to do is to picture that >> because there may be questions about the the zoning >> likely from Miss Harris, >> right? >> Precincts. >> Exactly. >> Five.
>> Five. >> Yeah. So, there may be a little of that at town meeting. >> Yeah. >> That's all I have. >> Any other comments, questions? >> All right. Thank you. And uh does the planning department have a report for
us? >> Um so things have been, as you can imagine, things have been a little um busy in the planning department. Um the blizzard set us back a little bit. So things have been um a bit in flux in terms of applications. So we'll have the
next meeting on the 24th. Um I've been working really hard to um actually we do have an announcement. So, as as you all are probably aware, I think I mentioned this to you in the past, we applied for a grant to um receive funding from the state to get all of our records uh
scanned digitally. And so, we were awarded that grant um not in full, but impartial. So, we're super excited about that. So, I've been working on trying to figure out how we, you know, what departments are going to participate in that and because we weren't fully funded. But, um that's been on my plate.
We've been continuing to work on the RFPs for a lot of the CPC projects. So, things have been extremely busy. Um, and of course, we're always looking towards zoning amendments. So, Melinda and I meet weekly to talk about all sorts of zoning amendments in the um in the
bylaw. We have a good list of healthy amendments that we're going to be bringing forward. Um, a lot of them are just cleaning up language that's conflicting with other sections um that just have been, you know, left um left there unknowingly. So, a lot of that
will be coming forward in the next >> Are we considering any changes in parking requirements in light of the parking study? >> Yes. So, there's definitely parking is on the list 100%. We're also trying to work with Bob's request for TDR changes.
Um there's actually an initiative right now with the Cape Cod Commission working on an open space a regional open space plan where they may have a model TDR bylaw very soon uh that may be usable for other communities. I think they're
working with the town of Nucket to create that right now. >> So we're sort of keeping an ear to the to the rails on that. Um, but importantly, there's also amendments we want to try to bring forward to site plan review and to your regulations. So,
we talked about it a little bit tonight. We've got outdated language in our subdivision regs and our special permit and and um, uh, site plan review regulations that we want to bring forward as soon as possible because what it's doing right now is creating confusion for applicants because one
regulation says one thing and the bylaw says something else. >> So, we really need to clean that up as soon as possible. There's stuff that's missing. There's no definition of bus depot, >> right? >> For example, >> right? >> And that would be handy to have had, >> right? >> I think they were not foreseen in any of our zoning.
>> Again, it's a healthy list of amendments. >> Very healthy. You guys will be busy for the next six to eight years approximately. >> Stick around. >> Job security. >> Yeah. Yeah. >> So, that's our report unless you
>> No. Nothing else. Okay. Any committee reports? >> Yes, the short-term advisory committee is constantly >> short-term rental advisory committee. >> Yes. Um and we met again today and we we
have we're in the communicating with the select board mode. We have written a letter that we would like to have or an article that we would like to have printed in the enterprise and we are following procedures sending the draft of that article through our chair Doug Brown to the select board because it has
to go through the select board in order to be submitted to the enterprise as a letter from the committee and it is asking town meeting to please approve this that we think that we've done a good job and the rate and what we have proposed will benefit everybody and the
gist of the whole thing is to not upset any current apple cart but to prevent um abuses that are happening in other places and to have nuisance rules that are enforcable. >> I just have a question. Did the selectman vote in desperate postponement
on that >> on what? >> On the on the the uh the >> what did they vote against? They I thought they voted against something to do with the uh short-term rental. >> No, they didn't. There there was just a conversation between members of the
select board about um the regulation. >> The chairman made a comment. It wasn't a vote. Okay. Excuse me. I just I read something. I was trying to figure out what I read. >> He didn't like that the select board uh he wanted the select board to be able to review any regulations the board of
health came up with before they became the regulations of the town of Felmouth. But that's not the way the state law is. and Mara for her last name. >> He person um pointed that out that No, you couldn't do that.
>> Mara Keith. Thank you. >> Just want to mention we get Ken Maderas, a previous uh planning board member in the audience tonight. He picked a d a doozy to come to. >> Yeah, but he pulled papers, too. >> He should have got it from the crowd
that was there. stay away from. >> They were hot. >> Holy smoke. >> Huh? Any uh >> no CPC, we didn't have a meeting this month. We're all caught up. We worked hard. We're ready for town meeting. >> Okay, good. I just have one report. Uh
Cape Cut Commission a couple of weeks ago, we had um a meeting and a decision to support um Province Town. They're going to do they're going to tear down the uh the police station and build um 40 condominiums.
10 of them are going to be market rate and uh 30 of them are going to be reserved for um or 10 are going to be affordable and 20 are going to be reserved for town employees to purchase
and um and they'll be restricted to town employees over the years. They're you're going to have um a lottery and they're going to uh support the purchase with $4 million of town funding. I don't know if
it's CP some CPC funding or not, but it was kind of a unique idea that um town employees will have always have the first opportunity to purchase one of those 20 units as they become available through first they're going to do it through a lottery system and they're
going to have a a committee housing committee and then I think over the years they're going to still do it through a lottery every time one becomes available. I don't know what they're going to do about sale prices in the future, if they're going to be restricted. I suspect they will be. Um, but it's a unique idea.
>> What What allows them to restrict that? Can they do that? If they can do it, we can do it. >> There was a few questions about that, but they felt very comfortable that they could do it. So, >> we don't need seasonal communities to do it. >> No. And it's not I don't know. It's
because of seasonal communities. It's just an idea they're going to do. But the the management of it through the years is going to be uh interesting. >> Yeah. >> So, but they the representative from Province Town that was on that committee
uh he gave a long talk about how many uh town employees they have that live quite a distance away. >> Mhm. >> And that's going to be a real boon. And of the of the 40 units are right downtown obviously, uh they're going to have two parking spaces
and they're going to have a lot of electric chargers and they're planning on bicycles and electric scooters and >> wow model development, >> etc., etc. Yes. So that's that's my report. >> So any uh future agenda items other than
we've already discussed? No, I just have an announcement that your precinct meeting schedule is in your packet. We don't have any zoning articles uh this this uh town meeting.
>> So, we can go and observe if we'd like to. >> You won't need to speak. >> Okay. Uh general correspondence February 11th uh through March 17th. None. All right. Next meeting is scheduled for
u next Tuesday, March 24th. And then we have another one after that on April 14th. And >> I'd like to get a motion to adjurnn. >> Move to adjurnn. Second. All in favor? I. I.