Heat. Heat. of the planning board. Before we begin, I would like to remind everyone that this is a public meeting and is being conducted in accordance with the Massachusetts open meeting law. Please take a moment to silence any mobile devices or electronics to avoid
interruptions. Anyone wishing to speak should come to the podium, wait to be recognized by the chair, and state their name for the record before making remarks. We encourage respectful and constructive
dialogue during public comment periods. Thank you. We will now proceed with the first item on the agenda, which is public comment. If anyone wishes to speak about something that is not on the agenda, please come to the podium, state your name.
Seeing no one, we'll beginning the first hearing this evening. And the first item on our agenda is um minutes. >> Mr. Chairman, motion to approve the October 28th, 2025 planning board
minutes as presented. >> Second. >> Second. >> Second. >> All in favor? >> I I unanimous. Uh next thing on our agenda is an approval not required application.
Uh the applicant is Amed Clower LLP on behalf of the state of Lucille House host plan and Karen Boon perimeter plan of land to restate the boundaries of the lot at zero Lakeshore Drive map
22 07040 00004K. And for the applicant, >> good evening, uh, Mr. Chairman and members of the board. I'm Bob Amant, an attorney, and I represent the applicants. This is an approval, not required plan. It's simply a perimeter
plan, uh, showing an existing lot on Lakeshore Drive. So, it's not a subdivision plan. It's entitled to endorsement. Approval not required. If you have any questions about it, I'd be happy to try to answer them. Why why do you need this?
>> Well, there are a couple reasons. One, as as stated, it's to confirm the boundaries, but also it's to take advantage of state law, um, which includes chapter 111 section 127P, which says that the filing of a approval not
required plan, uh, freezes not only zoning, but the health code for a period of three years. >> Thank you. Any other questions? Yeah, I have a question. Yes, go ahead, Paul. The the uh request is to restate
the boundaries or the old boundaries because the new boundaries cut through two buildings. >> No, there are no changes to the boundaries at all, but it confirms them by the current survey. >> Okay. >> Thank you. >> You want to make a motion?
>> Sure. I move that the board endorse the ANR plan as presented to us without regard to buildability or zoning. >> Second. >> All in favor? You have a question? >> No. >> All in favor? I >> unanimous. Thank you. >> Thank you. Open this up. Now we're going
to keep doing it. >> The next public meeting is applicant Matthew Terry has acquired site plan review application to construct a new >> I've studied it >> 7,475 ft light manufacturing warehouse
building at 117 Bernard St. Green Drive. It says the applicant has requested it continues to November 25th, 2025. >> We have that here in writing >> the letter. >> Mhm. >> Yes. It says, "Please accept this email as a formal request on behalf of the
applicant LLC to continue our site plan review hearing to November 25th. Please let me know if you need anything further from me." Matthew Terry Easer. >> All right. Thank you. I need a motion for this, please.
>> I move that we accept the request to continue the hearing of the applicant, Matthew Terry, to November 25th. Any questions or comments? >> Okay. All in favor? >> All in favor? >> I
>> I unanimous. Thank you. >> So, we're almost ready to go home, it looks like. Um, the next applicant is Fashion Foods LLC. Site plan review application for a proposed 2,819
square foot 36 feet 36 seat Wendy's fast food restaurant with drive-thru at zero west Worcester Court map number 39 15048 001B
and for the applicant please >> uh Mr. chair. Uh just the notice >> I'm sorry. >> Yes, Tom. >> Yeah. >> Public notice for this project was published on 101725 loading zone >> and 36 abutters were notified by
register mail. >> Thank you. >> Yes. >> Good evening, Mr. Chairman. I'm Bob Ament, attorney. I represent the u the applicant. Uh Fashion Foods LLC is a
Massachusetts limited liability company. And two of the uh principal uh people in the LLC are with uh me tonight. Uh, one is Terry Smiley who is uh a manager of the
LLC and next to him is Josh Lavine who if I have his title right is the um chief financial officer. Um and they will speak a bit about uh their company in a few minutes. also uh
Raul Lazardi Rivera who is in the audience a professional engineer with Capen Islands Engineering and he'll discuss some of the design issues and um some response to referrals that the
planning board has received particularly from the uh engineering department and Randy Hart is here. Randy is uh no stranger to Falmouth. He's been doing traffic studies on the Cape important
studies for uh decades and decades. I think he's uh with VHB which is a a highly respected very large um um firm that engages among other things in traffic engineering
analysis and design. and he has uh submitted a lengthy I think it's 338 pages although a lot of that's data um a traffic report that you have in your file and I'm sure you've read every page of it looked at every number um but he's
going to make it easy by summarizing um his report and his conclusions I'd like to talk a little bit um about the lot in general um the area and then uh turn it over to
um um to Raul. Um but I will point out that what we have before us tonight is a uh special permit request and a site plan review uh request. The proposal is for
construction of a Wendy's, a 2,800 square foot, so not a very big building. Um, restaurant with a drive-thru uh window. And that's a use allowed by special permit in the business 2
district in Felmouth, of which this property is in business 2. And not only is it allowed by special permit in that district, but it is the only place only in B2 is a fast food restaurant um with
a drive-thru allowed. Um and we think it's a good site for reasons that um will come out tonight. Um, I've put on the screen in uh front of you uh the town's zoning map and right in the
middle right here is the 41,000 square foot parcel um just shy uh of an acre and I show you that it is smack in the middle of business or industrial zoning.
This is all business 2 zoning here. And this area next to it is light industrial um A. And this is not on the periphery of um business district. It is not next to a residential uh district. The
closest residentially zoned property is uh more than 700 ft away. Um now um what's in the in the area? Um, well, immediately to the south is an
auto body repair shop. I have an aerial photograph I'll show you that just shows cars all over that site around the building. This large building next to the south is the uh FW, I think I have
that right, web um plumbing supply. Uh, that's a very large u modern design uh building. Um there's um um another automobile repair shop going down uh Worester Court. Across the street across
Worester Court of course is Cappies, a very large uh retail building. And then the Felmouth uh Plaza, which uh is uh one of the largest u shopping centers in Felmouth. The other large shopping
center in Felmouth nearby is the Felmouth Mall over here. And this site in the business two district is really right in the middle of those two large uh between those two shopping centers. Immediately across the street is a
fullervice um bank with a drive-thru window and uh the um O'Hara Motors um automobile sales and service next to it on this uh site before you get to the mall property is a very tall uh tower.
uh caddy corner across the street is an insurance building uh buildings with offices, a physical therapy um building next to the north. Uh you're familiar with this area. It is very uh much
business and while it's been described this corner as the gateway to residential areas, it's it's in the middle of the of the business district uh B2 and next to Alli. Now to the east uh on the light industrial a property is
a residential use. It's the Felmouth Housing Corporation's uh Little Pond Place project which is 40 apartments. Uh the closest apartment building is um I believe 70 ft from the um from the
property line. So it's set back um uh quite a ways. Um, and that's a large parcel of property and the town has acquired for conservation property a bunch of the property as well. So, this I recognize that this property is not
being used for commercial use, but it's a 40B project. Um, and there it's other than apartments, it's not single family residential uh use. So, that's what's that's what's there. Um, the property
was purchased by uh Sharon Mueller and her late husband. Sharon is here uh in 1984. They've owned the property for 41 years. Um, and when they bought it, it had been
a um a car wash on the site that was torn down and there hasn't been a building on it since. It's been used for um automobile sales um by the car dealer
that was next door. Um it's been used rented for parking. Um but it's been other than a paved lot and almost all the lot is is pavement um there hasn't had a structure on it in
all that uh time. and Sharon I think is going to speak to you a bit about the history of the property. Um I want to show you just a couple of other pictures then I'll show you a site plan. This is an aerial photograph from the
town GIS records. Of course, this in the middle is the is the site with uh pavement. And these are different uses that I've I've mentioned to you. So, I think noteworthy is the
um car repair uh facility that's next door. And um it looks like a car repair facility. A lot of cars on the site. Um, this is the site plan. And I should tell
you that I have and can show you, but I I won't unless you need it, copies of all of the plans that uh we filed. uh plans that show the um uh movement through the lot of uh a fire truck and the large delivery truck
to show that that works. That's been reviewed by the fire department and they say don't don't have any problem with that. Uh we have the sight distance graphics. Um we have a uh photometrics plan showing that the lighting is all
being retained on site. Um, so all of the stuff that you've probably looked at in the file, uh, I can show you if you have any questions, um, about it. I won't necessarily show you everything unless you have those questions. But this is the site. Raul will talk, uh,
more about it, but I want to tell you that the building itself only covers 6.9% of the, uh, of the lot, whereas uh, 20% is allowed by right. three times the lot car 20%'s allowed by right if it was a
Mr. Cod project this is in the Mr. Cod zoning district as well the overlay district on top of the B2 if it was just a B2 project the lot coverage that's allowed is 40%. The building height that's allowed in
whether it's a Mr. COD project or a uh non Mr. Cod B2 project of just commercial space is 35 ft. This proposed building is 18t 7 in tall. Um
our zoning bylaw requires a very high percentage of a high number of parking spaces for a fast food restaurant. One space for every seat. Now, most the bit of the business in the fast food restaurant is not seated customers
anyways. It's through the drive-thru or um pickup um and delivery. Um we show 36 seats in the interior of this this building. I'll show you the floor
plan. And we also show a patio. Um, we laid out 39 parking spaces on on the lot. That's what you see in front of you. Uh, we don't think we need all those, but that's what the requirement would be.
36 would be required for a 36 seat restaurant. We want to have a patio that people can go out in in the summer. perfectly comfortable with a condition and we've put that condition on the plans that says there can never be more than 39 customers, not more than 39
seats available. So, if we're using the patio, we'll close off areas of the seats in inside, but we want the flexibility for people to be able to uh sit outside. We think we have plenty of parking even if all the seats were used, but um uh we don't
we don't need to have um all the seats in the patio and in the inside available for use at any any time. So hopefully we can uh agree on language indecisions about that. Um,
I've jumped around a little bit and I apologize for that because I started to tell you the site plan review of course, but we also have a special permit application here before the planning board. Um, the use itself is allowed by the ZBA.
This is a ZBA special permit to have fast food um with a drive-thru in the business 2 district. Why are we here for a special permit? There are two reasons. Because the planning board is the special permit
granting authority for uh two aspects of this plan. One, we're showing uh this parking along the Southerntherly property line up against fencing and uh the automobile repair building. We're showing that uh only 2 feet from the
property line. The planning board can allow that. Otherwise, the setback required for parking is 5T. So, you can have parking within that 5-ft setback by special permit. We think that we're much better off having more landscaping along
the street uh than having it up against that um that business use. And and the other reason for a special permit is that this plan um with a drive-thru, which of course involves getting around a building, um has parking in the front
yard. There's a couple few spaces over in this area that are between the line of the restaurant building and the streets. So technically, they're in the front yard. These two spaces are uh which are for pickup are in the front
yard. And these spaces um along Spring Bars Road are in the front yard. So that requires a special permit from the planning board to have uh parking within the front yard. Um this is not a variance. It's allowed in the bylaw. So the the board can approve
that um if you find that it helps to make a good plan. Um, I'm going to just show you the floor plans and then ask Raul to present. Submitted the plans. This is the inside
dining area. The rest is really back of house freezers and storage uh to the rear. And we have a couple of uh exterior uh drawings of the of the building. Again,
it's 18 andt 7 in tall. And um so we have all four elevations of the building. And um I think I did This is a a rendering. It's not the
exact building. It's uh the details are a little bit different. Uh but um it's gives you an idea of of uh what a building uh a Wendy's in this design would look like. So we've got
that's the patio in a similar building. Again, not the same building, but um uh quite similar. And with that, Ro, >> you want the site plan? >> Yes. Good evening. For the record, Rauli
Sardi um from Cape Islands Engineering. Um we are representing the the applicant and we prepare the um site survey for this property as well as the the site design for this site plan. Um as Bob mentioned and as he illustrated in some
of the aerial images, for the most part, um the site is developed mainly with a parking lot. It's just pavement um for the majority of the site. 26,767 square feet of the property is occupied
by pavement. Um this project increases the amount of um structures and impervious surfaces by roughly 1,200 square feet. So we are going from 26,700 to 27,992. Um so there is an increase in impervious
but still within the limits of the um zoning bylaws of 70% lock coverage. So we comply with the lock coverage but there is slightly an increase um on the lock coverage by impervious surfaces um and structures. Um the design is done so
that we can repurpose the existing driveway entrance. There's one driveway entrance right now from Worcester Court which is on the west side of the property, southwest corner of the property. Um we intend to use that driveway which is roughly 32 feet wide from edge of pavement to edge of
pavement. Um we don't want to reduce the width because we provided a turning movement for the delivery vehicle at this facility and that um semi-truck coming down or southbound on Worcester Court will require that 32 ft pavement
just to maneuver into the site. Once that truck enters the property, we have a loading zone on the far back of the lot away from um Worcester Court and away from Springs by Road to Park and then make the delivery. What we uh also
propose is a new driveway only for an exit. And this is the one that is at the northeast corner of the property. Um that is purposely intended for only exit and it will be the exit for delivery trucks. Um the delivery truck will not be able to maneuver completely around
the facility and exit through the entrance on Worcester Court. So this exit of um Springs Road will be used by um the delivery truck. It will also be available for any customers that exit onto Springs Road. Um but the main
reason for that exit is for that delivery truck to be able to maneuver out of the site. It is a rather wide driveway um at the point of the property line just before the sidewalks on Springs Fire Road. It's more than 24 ft wide, but that is because of the turning
movement of this trailer um vehicle. We also provided a turning movement for um the fire engine, the ladder truck um and he maneuvers in and out of the site um with not much difficulty. Um the vehicle that kind of dictates this entrance and
exits is the delivery truck. Um as Bob mentioned, we have those parking spaces um around the southern side and about a third of them along the the northern side. In between we have some landscaping areas um some little islands
in between parking and driveway areas. And then we have much of the landscape either between the Wendy's building and the ordering windows which is on the far right of the drive-thru drive-thru lanes. Um, which is a big area. In all,
we have about 4,000 square feet between landscapes, between parking spaces, and between the building and the drive-through lanes. Um, we are also purposely um preserving and protecting the existing trees on the property. There are three trees lined
lining up the front yard on Worcester Court. We propose those three trees to remain. There is a couple of the trees lining up the front yard on the Springs Road. We propose to keep those. There's also several trees along the eastern
side um against the the 40B development and we propose to keep those. In order to keep um these existing mature trees in in the surrounding of this project, we have to protect the grading around them. So we have the um pavement areas
set um a distance away from these trees to protect them. We also contain the grading to keep the same grading that that exists there to avoid excavating and damaging um the root mass from these um these trees. Um, we do have a great change from the
existing site to the grace on Springs by Road specifically where we're proposing this second exiton driveway. Um, for the most part, those who went to the site, the site is fairly flat, but there is a a gentle slope from the Worcester Court
side towards the back of the property in an easterly direction. Um, there are no drainage um interception structures on the property. So the water ponds in in some areas of the pavement and then overflows um either to Springs by road or to the aboding properties. The
project does propose drainage um to contain all of the developed areas. Um the engineering department did issue a comment about um the project does not contain all um surface runoff but does
allow or suggest that the board um could determine whether all of the drainage on site should be retained. And this is specific for those green space areas that are sloping outside of the proposed pavement development. So like the the
tree areas between Springs by Road and the proposed parking lot, that land slopes towards Springs by Road. It is existing grass areas and trees that naturally any runoff that falls any precipitation that falls on them runs
off to Springs by Road. We do not anticipate collecting runoff from from the naturally vegetated areas or the lawn areas in this um front shoulder. And similarly on Worcester Court that um strip of um green space that slopes
towards Worcester Court would don't anticipate to intercept with introducing drainage system for that green space. Um on the eastern side between the edge of payment that we're proposing and the property line that land that exists with
some trees also slopes towards the neighboring property. We don't anticipate to do drainage for that um green space areas, but these are conditions that currently exist. We are improving in that we're collecting all of the proposed pavement and development
with drainage structures and discharging all of that drainage um or runoff on site. So the overall impact offsite is reduced by the proposed project intercepting the development within um the proposed um project. Another comment
um that we received from the engineering the town engineering department. Um currently there are sidewalks on the western side of Worcester Court. There's sidewalks on Springs by Road on the south side of Springs by Road. The sidewalk from Springs by Road curves
around the intersection and it stops um about 20 feet past the crosswalk. And that is the point where you see that we propose a new walkway to lead um customers to the facility. Um that is
the existing end of the sidewalk. We don't propose to extend it any further. We believe this access is sufficient for pedestrians to access um the facility on foot. We don't propose another sidewalk
or another walkway from the south the northeast driveway. The the slope changes from about elevation 21 to elevation 17. So there's like 4ft drop and to introduce a sidewalk you're
practically introducing a a ramp system or stairs. Um both of >> is that on the spring bars roadside? on the spring bar roadside. Both of those conditions are not um ideal. They're prone to falling for people to fall. Um
and we want to avoid any of that. Um kind of um problems or having the the customers have to face um steep slopes or stairs to access the site. We believe that >> Excuse me. Could you point that out on the plan for the for the board members,
please? So from this location to this location, there's about a four four foot drop in elevation in a span of about 15 16 feet. >> And you're not proposing a sidewalk on >> right. There is an existing sidewalk all
along um all along by road that wraps around and ends at this location. And so this is fairly flat and this is the best um pedestrian access that that we provide for the project.
Um the project some another um component to the project is dumpsters. We have fencing dumpsters at this location. Um, it will be simple for the dumpster truck to front face the dumpster, load up, and
then exit through this location. Uh, on the exit lane, go into the drainage um aspect of the project. So, we have five identified drainage areas. There's one drainage area in this
location, two, three, four, and five. Um the design is based on the 25-year storm. Um now the town of FMA specifies that drainage should be designed to the 25-year storm. Then the subdivision
regulations specify the 25-y year 1-hour storm and specifies an intensity for that storm and a duration of one hour. Um there's no other um instructions or regulation that dictates how to design the drainage system. This drainage
system is based on solid catch basins at at low points. There's one over here, another one over here. Um a couple more over here, one at the exit here, and another one at this location. These are
the low points. And what a solid catch p catch basin is is that structure in the ground that collects all the water that runs off from the pavement. It also collects leaf leader um sand from winterizing um and any debris that the
water may collect. This solid catch basing has a sump. That sump of four feet collects this debris and it's required for um the property owner or the manager that at certain point when that level of debris accumulates to a
certain um depth about um 2 feet 18 in they get pumped out or they get um removed with a claw and they just get um cleaned out. The whole purpose of that solid catch basin is to prevent all this sediments and debris from passing on to
the leeching components. The leeching components is the main system that dissipates or or dispaces the the water that is captured. And the way it's being done is by leeching into the ground, permeating the water into the ground.
The system is designed to leech both through the sidewalls and the bottom area. Um the town engineer has made a comment about drainage systems should not allow for bottom area to leech. Um we don't agree with that statement. Um
the drainage system is allowed to to leech through the bottom. Most of this drainage system have most of the leeching through the bottom. In fact in this particular design 50% of the leeching capacity is performed through the bottom area of the systems. But
normally a bottom system is not accounted for if the component that is being used is a leeching catch basin. A legion catch basin is mostly what was installed in the 70s and early 80s. Nowadays it's not something that is a custom but what it is is the catch basin
and the leeching system allin one. So that will be if this is a catch basin that structure itself collects all the debris at the same time leeches into the ground. So when it's collecting debris and sediments, it plugs the bottom. And
I can understand under those scenarios because you're collecting debris, sediments, leaf leader, the bottom area is compromised because debris and other sediments that reduce the ability from the soil to absorb water um is in effect
and therefore leeching through the sides is the the proper way to design a system. In this case, we have a structure preceding the leeching component. Um, and we believe the leeching through the bottom um should be allowed um for this project.
Um, another comment um I wanted to touch base on um the landscape um that was presented um and submitted for this application. It's like a minimalistic zeroscape type of landscape. There is some um
in this area of the existing trees, there's some proposed gravel areas or gravel beds um to surround some of these trees along this walkway. There are some um some plants that are lining up the edges of it as well as there are some um
lights, some ground level lights. Um some of these components are outside of the property. So meaning that they are in the road layout and the town engineer did make a comment that no development should be part of or should be included in the layout. So the landscape plan
will be um corrected to remove those components from being within the layout. Um, in specific, there's a couple of sight lights that were sh shown in here within the layout that's going to be removed. And there was some plantings that was shown that's going to be
removed. And some of the gravel um landscape beds in this area were extending beyond the property limits. So, that's going to be cut back to the property. um some of the plantings um that was shown
um was lacking around the backside. There is a comment on the staff um engineering review um to provide um screening at this location. So this is the the loading zone area. This is
where the delivery truck will park when they're making the deliveries into the building. Um so this area we were just focusing on preserving the vegetation that's there the trees that are there. Um but we can revisit that landscape design in that location to provide um
additional screening that may be necessary. Um town engineer as I mentioned earlier did refer to um the curb cuts being over 24 ft wide. Um we asked this board to
allow this um this width as designed because we do need them for delivery vehicle at this facility. Um they did notice um the town engineering did notice that this specific catch
basin when I did the design a catch basin has what you can see on the surface which is something that's 2 by two 2 feet by two feet and it's a metal grate but underneath this the pavement there's a bigger structure and it's roughly 5 foot in diameter. the
structure underneath was protruding outside of the property and onto the the property by um the road. Gonna um correct that on the design. Um we're going to revise the plan to pull this structure um further into the lot by
about um one and a half ft to get it out of the the road layout. Um another comment is springs by road is sloping upward upwards in this direction. So, when a driveway connects to an uphill drive,
the driveway has to transition to meet the same angle of that road that you're connecting to. Because we have a catch basin at the low point um on this location, the slope of this driveway is not completely directed to that catch
basin. There's a section that is missed by the catch basin and the town engineer did notice that. The only correction that I can do for something like that in this instant is to do a trench grade. So, we plan on revising this plan to do a trench grade in addition to the catch
basin. The catch basin I do want it because it is the one component that collects sediments, leaf leader, and debris. Um, but we'll have a trench train to cross this driveway to prevent runoff from paved surfaces to exit the
property and onto the the town um roadways. Believe that's um what I have for my presentation and I'll have Bob come back up. >> Thank you. The U town engineer actually
had 27 paragraphs in his in his referral. Uh Raul has addressed uh a number of them, but he will be preparing a written response to each and every one of the comments that the engineering uh
department had. Uh one of the um comments that Raul hasn't mentioned is engineering uh felt that uh the parking spaces uh that are angled on the site he thought are too short. Um although uh we
think we followed the uh diagram that's in the uh zoning bylaw. We can change that. we won't have any much problem doing it because the aisles on the plan are actually significantly wider than
are required. So in some places on this plan the the aisles are going to be reduced. The parking um spaces are going to extend farther into the pavement that was the um aisle. Um, so we'll be making
that change on the on the uh plan as well. Um, now I'd like to uh turn this over uh before Randy Hart speaks about traffic uh to uh uh Josh Lavine and to Terry
Smiley. Good evening. My name is Josh Lavine. I'm the chief financial officer of Fashion Food LLC or the the franchisee of of Wendy's. And as attorney mentioned, we are proposing to transform a vacant lot in the the B2 Business
District into a Wendy's restaurant. With the rising cost of living, we provide an affordable meal option for Famouth residents and seasonal visitors. While it's easy to think Wendy's is a a large chain restaurant, I think it's important to highlight our history on Cape Cod, I
I want to make it clear that we're not here from Wendy's corporate. We are a small family-owned Wendy's franchisee. The Smiley family immigrated from South Africa in the 1980s, and through a newspaper advertisement, Ernest Smiley learned of the opportunity to operate
the Hyannis in Orleans Wendy's restaurants. Ernest and his wife Denise operated the businesses. Ernest managing the stores and the books. Denise running the front register and calling customer orders over the intercom. Over the last 40
years, Ernest with the help of his business partners including his son Terry have been able to grow the business adding locations in Yarmouth, two restaurants in Plymouth, and most recently Mashby and a second Hyannis location. While the Smiley family has
slowly grown the number of Wendy's locations on Cape, one thing has remained consistent, which is the deep roots developed in each community where a restaurant has opened. Our long-standing history of community involvement was part of the culture
created by the late Ernest Smiley and dates back to 1980s when Ernest became a Wendy's franchisee. Ernest was extremely philanthropic and involved with the communities we served. The Wendy's franchises in the New England region were so inspired by Earnest legacy of
charitable giving. An award was created in his name where each franchisee selects one recipient from their organization that is deeply involved in their own community and makes a donation in that recipient's name to a charity of their choice. It's also important to highlight the
environment we've created for our employees. We have several employees that have been with us for 20 to 30 plus years. We provide training for our employees to grow and and we prefer to promote from within our organization. All of our employees who work on the
Cape live on the Cape and we anticipate staffing this Wendy's restaurant with yearround employees who currently live in the Falmouth area. So the takeaway that I want to convey to the planning board and Fmouth residents is that entrenching ourselves in the communities
we serve in and caring for our employees has been part of our DNA and a key factor to our success over the last 40 years. Found that is an area of the Cape that unfortunately we have not been able to fully support and I believe we would be a good addition to the town. Again,
we're we're not Wendy's corporate, just a family-owned franchisee that settled on Cape Cod 40 years ago and and developed roots in the area. I I understand there there are some comments from the departments that we're we're working um and are committed to work with the board to to make those
requisite changes to satisfy the departments. So, thank you all for for considering our proposal. >> Just to add on what to Josh said and thank you for the kind words. Um Felmouth has we've always wanted to be in Farmouth. It's a wonderful town. Uh
we love being on the Cape. My family's we're about to enter our 40th year as franchises. Um, we've very entrenched in the community. Everything from the Duffy Health Center to Cape Cut the past Cape Cut Child Development, uh, Wendy's Dave
Thomas Foundation for Adoption. We just, you know, it was always Dave Thomas's mantra to give back to your community and and that's what we' certainly do back do here in Felmouth. But thank you for considering our application and we
hope to move to Felmouth. Thank you. >> Thank you. get to your appreciate that. Good evening. I'm Randy Hart. I'm a principal with VHB. We are the transportation consultant on the project. Um, we developed a traffic impact and access study that's
consistent with local and state guidelines for traffic impact evaluation. Some of the features include establishing a study area. We establish a nine intersection study area as part of the project. We review existing roadway conditions and safety. We review existing and future conditions during
peak summer conditions, which is critical on Cape Cod. We assess potential project influence within the study area. And we review access and intersection operations both with and without the project in the future to understand what the impact of the project might be.
The foundation of the traffic work relies on two things. It looks at traffic counts in the area and it looks at safety records. Um for this particular location, we conducted manual turning movement counts during three critical periods. seven to nine commuter hours during the morning on a weekday,
four to six commuter hours on a weekday as well, and Saturday midday 11 to one o'clock. It's during these hours when the combination of sight traffic coupled with traffic on the roadway is at its most critical level. So that's what we look at. We also conducted an automatic traffic recorder count on Worcester
Court uh for 48 hour period to get a better sense of the daily traffic and activity in that area. And we gathered accident records from Mass D for the most recent five years of data which was available to us in terms of the project itself when what
it'll generate. It's one of the more important things we look at. >> And for a fast food use with drive-thru, it relies heavily heavily on pass by traffic activity. And if you're not familiar with that term, pass by means that there's vehicles already on the roadway that are going somewhere. they
decide to make an impulse trip and and buy food and on the way there. Um, fast food is well known and there's good data to support anywhere between 50 and 55% of their activity relies on pass by. So the busier the roadway that you're on, the more activity and business you would
expect. Um, and this location compared to other Wendy's on the Cape is at a street that really isn't as nearly as busy. The U one in Hyannis is on 132 at the airport rotary. super busy roadway. New one in uh Barnstable Mashb line is
on route 28. Again, really busy locations. This is not that. But for the purpose of estimating new traffic to the area, we rely on the Institute of Transportation Engineers IT trip generation manual, which is really the industry standard. And within the
manual, there's a land use code for fast food restaurant with drive-through land use code 934. And that's what we utilized. And based on that approach, we're showing that new trips during the morning peak hour would be around 49 trips with 26 entering, 23 exiting.
During the evening peak hour, it's 53 trips with 28 entering and 25 exiting. And during the Saturday midday peak hour, there would be 57 with 30 entering and 27 exiting. So that's what you should expect. Having said that, um we have done a
number of projects with Wendy's over the years and we've collected empirical data. Um so I wanted to share that with you to give you a sense on you know how conservative we think the ITA approach is. Um we collected data at the 132 location of Wendy's um which happens to
be one of the most performing stores in the country for Wendy's facility. So it's it's a very busy location. And the lefth hand column basically shows you what the IT projection is. The middle column shows you what the uh empirical data suggests based on the count we did
in highness. And the right column shows you the the change. It's you know it's it's lower in every instance. So we utilize the it to be conservative. We wanted to provide the town with a conservative analysis and that's what we've done. Um, but the empirical data suggests that, you know, it's it's
probably much less. And it makes sense because the data that goes into the IT manual looks at all brands. You know, they have Chick-fil-A and McDonald's. Well, Chick-fil-A and McDonald's are well known in the industry to be very high-end in terms of traffic generation. Wendy's is not Chick-fil-A. Wendy's is
not McDonald's. Um, so utilizing that approach, the it is absolutely conservative for this assessment. Could you share with us the the dates that the the study was done? The dates >> I don't know off the excuse me off the
top of my head the empirical dates. It's it's in the >> when the study was done for this location >> for this traffic study. >> So the counts were done in August of 2024 and it took us time before we were ready to come to the board. So we bumped
them up uh by a year. Uh we made them grow by a year in order to get them to 2025, but they were done in August. So peak peak summer >> projected 2025 from 2024. You projected that you're saying >> yeah we increase it by 1%. It's just a conservative move. Um doesn't mean that
the traffic changed. It just a way to accommodate the the year that passed. >> Right. Thank you. >> Welcome. So in terms of access rule as already said there's two driveways full access driveway on Worcester Court and a secondary egress only driveway on bars
road. We reviewed uh stopping sight distance and intersection site distance at both locations and happy to say that we exceed the minimums in both cases. So sight lines are appropriate for this location. Um the site is as we said um it has front edge both on spring bars
and on uh Wester Court and the intersection of Spring Bars at Worcester Court is immediately adjacent to us. Um the town has identified that as a safety deficient location and have taken action in recent days to try to improve on that. There's a new flashing beacon and I believe some supplementaryary signage
that have been put in place. It's only been in place for I think about six or seven months at this point. So, we don't know the true benefit of it, but the fact that it's been, you know, taken on by the town is is really a good thing and we're happy to see that. Um, the other aspect of the being next to the
intersection and having frontage on both roads is we have a really nice fairly even distribution of traffic activity. We have ability to go east, we have ability to go west, north and south, you know, right from our location. So, what that means is the the traffic spreads
out pretty quickly and you don't get full impact of any of all the traffic in any one location. Um, that's unique. You know, if you're on 28 at the Mashby location, we don't have that. We have east or west. That's your choice. And um, so you see a heavier concentration of traffic of traffic in that instance
than you do in this particular one. In terms of the drive-through lane, um there is room for up to eight queued vehicles in the formal Q area. And by formal Q area, I mean the window is here and the formal Q area basically extends
to here. If it extends anywhere further, it then has influence on the potential to get into or out of a parking space. Um so we have formal um queue area for up to eight vehicles, but we have actually room for up to 15 on site if it were ever needed. However, we don't believe that will ever be necessary. Um,
as part of work we've done with Wendy's over the years, we have done counts um at facilities to get to maximum queue, get the average queue, and we did it both in the MASH location and in the Hyannis one, which is a super busy location. The maximum we saw in Hyannis
was seven. The maximum we saw in MASH was eight. We don't think this site is going to generate anything near what those two do. Um so we think we have more than adequate Q storage on site to accommodate the need. Just in quick summary um you know again
I want to reiterate we believe that using land use code 934 fast food with drive-thru is really a conservative approach here and and overstates the the likely traffic that we see and it's for the reasons I mentioned previously. But even with the conservative approach the traffic generation the project's
expected to only have relatively minor influences at most of the study area intersections. Um there is some delay increase on Spring Bar road, Spring Bar approach, westbound approach to um uh Worester Court during the PM peak hour.
Uh but that's you know other than that we didn't really see a lot of change and that's with the conservative parameters of you know more traffic than we really anticipate built in and again there's more than enough Q storage on site to meet the expected demands. So that's a quick summary of the transportation work. Certainly if there are questions
I'd be happy to try and respond to them. Thank you. Yes, thank you. >> I I would just like to briefly um summarize the presentation and comment about the special permit uh criteria. I
think it's uh clear that the uh site is adequate in terms of size. I've mentioned the percentage of building. It's not a big building and we meet the uh the lot coverage requirements uh for overall lot coverage as well as the uh
structure itself. Uh we have uh more than the required u um parking. There's good traffic circulation. The drive-thru requirements are are met. it's a suitable um zoning um and appropriate
use of the site particularly given the um the surrounding land uses like to point out and this is becoming more and more of a concern um this property is actually uh well above uh flood elevations. There is um a flood zone
relatively nearby on the property of those apartments. Uh but there's a significant rise. Uh so the nearest flood zone is an A12 area. The topography on our property is at 22 feet. It's a full 10 ft above it. And
again, that's important these days. There's quite a bit of property along Main Street that um um in the vicinity of uh this area that's actually in a a flood zone. We're on the town sewer and the select board in 2020
approved uh sewage flow for a Wendy's restaurant um for a 50 seat restaurant. Um Wendy's and these um folks you've heard from have been working uh with um
Mrs. Mueller um since 2020 or before in the hopes of of uh creating a restaurant here. Um and so we were before the select board back then. It was the only permitting we actually went and did and they approved the connection to the
sewer for a 50 seat restaurant. So um the sewage flow will be a bit uh a bit less than that. Um the character of the neighborhood is is certainly commercial. Uh number of the buildings and large
buildings are are flat roofed buildings. Um and Randy Hart has discussed the traffic and we think that with the town's installation of the flashing beacons at the intersection that um that it's a much safer uh place. I mentioned
before we're quite a distance from our single family residences. Um we do have the apartments next door, but um uh concerns about uh fumes, about um lighting in residential areas, although our lighting plan shows that we're dark
sky compliant. Um noise, these issues are we're not next to single family residences. People of course will pass by the Wendy's just as they pass by um Kappy's and Aldi's supermarket and
the uh FW web facility um but is consistent with the commercial uh development and the present lot is not particularly um attractive and it's not useful. Uh so we think that the proposed use of the property is uh is a good one
and that the special permits that being requested from uh the planning board are are um very reasonable. So we'll be happy to um answer questions that that you may have. >> Okay. Right. Right now we're just concerned with the site plan review.
We'll do the special permit next. Well, as I mentioned before the hearing to the planning board, I don't think you want to hear all of this again nor hear presentations. Same. So, >> we will though, but but thank you. >> I don't think so. Thank you.
>> Any questions from the board? >> Yeah. Comments? >> Yeah. Hi. Um, so the exit situated to the northeast in the parking lot, can you just clarify for me again? Is that exit for commercial and and emergency
vehicles only or will all traffic be allowed to access that that >> um the exit uh and it is exit only. No entrance. The exit is not limited to um to trucks. Anybody would be able to uh
to use it to exit the site. Now, anybody who goes through the drive-thru, let's just pull up the plan. Anybody who goes through the drive-thru, and you can't get to the drive, well, this isn't an entrance anyway. To get to
the drive-thru, you have to enter the site from Worcester Court and go around the building and um come in here. This is actually the drainage plan. So, here's our site plan.
>> And after picking up your meal, you end up at this spot. >> The easiest way to get out of the property is to simply take a right a right turn >> and then here and go right or left. I some people uh intending to go
um east on Spring Bars Road uh might well turn this way and go out this way, but it isn't the logical uh course for somebody to take except in that institute instance, >> right? People who are not going through
the drive-thru, who may be parking any in these areas, if they want to go east on Spring Bars Road, it would be logical for them to exit there. Okay. And just a comment just about the traffic. So I know the dealership is to the northeast
and just from my experience sometimes you see those big trailers that roll up and uh on that spring bars road which sometimes there's the potential for a bottleneck but you did the um um that traffic study it addressed that.
Well, I don't think that uh Randy specifically looked at the big truck trailers with some >> cars coming off of them >> uh in the street. I think that um
>> certainly on Main Street um as somebody who's downtown all the time or um trucks stopping for deliveries can be a real problem in the town. It seemed to me it'd be great if we had some designated areas that
>> for for that um >> but I don't think we can be held responsible or that that should affect this and those kinds of of things particularly that truck. Yeah, you see it from time to time but it's not something that happens um
>> um very often for on the average some number of minutes a day maybe not not at all >> on many days. Yeah. >> Right. No, I agree. Um, another comment, just good comment. Great use of this parcel. It's reclaimed land and not
pristine forest. That's important to me. And, um, Mr. I meant you said, what year did the select board approve that 50 seat sewer flow? I didn't hear >> they approved the connection to the sewer. >> Yeah. >> Is that what year was that? Did you
state a year? >> 2020. >> Okay. When did the our sewer neutral bylaw um when was that in? >> It had been in effect for quite a number of years then and this was done pursuant to the flow neutral bylaw.
>> I submitted a copy of their decision uh to the with the application. >> All right. Okay. All set. Thank you. >> Thank you. >> Thank you. >> Paul, you have any questions, comments? >> I have a couple comments. Uh this came uh previously and it was deferred. Uh I
think you've done your homework since then, but I've read a lot of letters not only from MASHP community but also from neighbors in the area and while I had some similar concerns, I look at in a couple of different ways. The traffic
was a very big concern of mine. However, VHB has done a admirable report back in September that answered a lot of the questions, one of the more comprehensive reports we've seen. I still have concerns. I think there needs to be some mitigation at that intersection, perhaps
a traffic light or something because it is a very uh dangerous intersection. But the the comprehensive report I thought was very well done. Uh on another issue, the um people are addressing issues like why another hamburger or a pizza place.
Well, that's not our purview. So we it's not up to us to address that. The bottom line is that this is allowed by our code. So unless we come up with reasons to turn it down, we'll have a very difficult time to do that. So
you've followed all the rules. You've addressed many of the issues that we do have. Uh, so I'm very pleased to see the revised presentation. >> Well, I appreciate your comments very much. I wish you were able to go sit on the board of appeals as well as the
planning board. Um, I'm going to um I'm not sure that the amount of uh traffic will uh allow the installation of a permanent light, but I think that's something that Brandy could speak to. And I think that the flashing light that has been installed, uh, the hope is that
it will make it a a quite a safe um, intersection, I don't know if it does much to change the volume, but it's pretty hard to um to miss those lights when you're approaching the intersection.
>> Thank you, Paul. I I would like to address the Randy to address the traffic light. >> Yeah. A couple things on the traffic light. Um you know, it's we haven't looked at it specifically, but I've done it this for 34 years, and I'm fairly certain to say that we probably can't
meet signal warrants there. In order to put a signal on the Cape, you typically need to not only meet signal warrants during peak summer condition, which maybe maybe would be met, but you also have to meet it during average season conditions, which very unlikely would be able to be met. And you know, to be
honest, too, a signal at that location is extremely expensive. You know, somewhere between 300 and $550,000. You know, project like this wouldn't be able to support that, you know. So, I think but meeting the warrants is the trick. You know, we run into this all over the Cape. There are places we really do want to build signals and we
just can't meet the warrants to support it and without warrants can't put it in. >> Thank you. >> Any other questions? >> Okay. Mine is the same as Paul. I've been known to be rather unobservant, but
about three months ago, and I am assuming since Bob said that that arm was put there maybe seven months ago or so with the flashing signaling on it. About three months ago, I was sitting about three cars back. Bad accident right there. Somebody
running right through it. Um, so I didn't see that flashing light up there in the heavens. I wasn't looking for anything like that. So, I don't know what that means, but I would suggest that if we cannot get signaling lights there, and I understand exactly what
you're saying, that you have to have a certain volume of traffic. Um, on Dillingham, there are solar flashing lights around the stop signs. I think we should at least put those so that people coming up on Spring Bars Road from
either direction because that was the second one. The second accident I had noticed within about a month apart right there. And I don't go that way all the time. So I'm just wondering how frequently that really is. And I I
noticed on your report that that was the most serious intersection for those and they were angled and that's exactly what happens. Somebody pulls out into a vehicle that's going along um Worcester Court. So I would suggest at the very least
that that needs to be done is something that is more at eye level that people would see pay attention to. Um other than that I didn't have any comments right off hand being my first
look at it and first hearing of it. >> Thank you. >> Thank you Pat Charlotte. >> Uh thank you. That was a really thoughtful and thorough report. I learned a lot about that area and I do my shopping downtown. I'm very familiar with it. I'm very glad to hear there
won't be a permanent traffic light there because that would be really annoying for most of the time, but the blinking light might be a way around your concern. Okay. A couple of other concerns. I think um um I've been to Wendy's. It's attractive food. I think a
lot of the the kids particularly, but the grown-ups who live in that um housing development uh right next door are going to find that a really great place to drop by for lunch and supper. So, I was interested in the provision that's been made about sidewalks for kids coming over from that development
but grown-ups and it seems that because of the grade there, it would make it very difficult. And I wonder if you could rethink that so that there would be a safer way rather than if if I were going to do it, a sort of lazy person, I would walk right up the driveway. And yet I can see for the people who have
parked along the edge that abuts um the neighbor, they're going to that's going to be a popular exit. And somehow walking up an exit driveway is not a safety thing. Well, remember Charlotte that the
entrance to the restaurant is over here. Um, and if you enter the site in this area, you're really walking and with the drive-thru aisle here,
you're either walking over to this sidewalk or you're walking through the parking lot. So why wouldn't one just walk on the existing sidewalk to this set which almost gets you, you know, right to the front door? It really seems like it's
the it's it's not much longer than the quickest way and it's a much safer way. Now I suppose if there was well it would only serve these apartments. If there was steps or something and the apartment owner the
family housing corporation removed its fence and built steps this would be a nice approach to it. Um, but when you think about it, I think that having this exit near this walkway near the intersection coming right out to the
front door, um, is all we should should need to do. >> I wonder if you could have your clients rethink that because I think the shortcut coming up the driveway really appealing, but it just it it deserves uh a rethinking on that.
>> Where would the sidewalk uh go? Can't be across can't be along here. >> The people thinking about it would come up with some solutions, some possibility of doing that so that there's an easier, faster way to get from from the development. Okay. Another comment about that development that's there. You were
saying, you know, as if somehow they were secondass citizens that being bothered by the aromomas and cooking things because it's a housing development and an apartment building isn't important. And I I really don't think that's quite right. >> Well, I didn't mean to imply that at all. And I don't feel that. that you
meant to I think it was there though and I'm wondering if there's anything that could be done about ventilation because three of the abutters are concerned about it. So is there some ventilation thing that could be done to keep more of the cooking um I lived in the south end
in Boston a long time. I can tell you that cooking odors eventually become very annoying and if there was some way to to buffer that for the people who are there it would be good to look for it. Well, I think that's something that um um Josh and Terry might speak to, but it
has been suggested earlier tonight. More vegetation along this property line. Uh the drive-thru, I think I had mentioned, is about 225 ft away from the one closest apartment. >> Um I assume that this building is airond
conditioned and and and and so on. I don't know how much of a problem uh fumes was going to be, but then again, I don't know. I'm not an expert. Um, and sure, we should do everything we can to reduce impacts.
>> Okay. Other thing I'd like to um ask you about. I'm not sure that's the appropriate time to comment on the elevations. Is it? >> Sure. >> Um, orange and yellow. I mean, it's just seems garish. It doesn't really fit with
the character of that corner. One part of the corner is the back end of Cappies. It's not the most aesthetic thing in the world. But the other two sides has uh an apartment building that an effort was made to make it look sort of brick and colonial. And the I think it's a bank on the diagonal corner
across. Um but that orange and yellow industrial style building doesn't really fit. And here, you know, this is uh uh Felmouth uh depends a lot on being an attractive resort area. And I wonder if
more of an effort could be made to make it aesthetically fit better with the Falmouth community. And was the other two comments about the uh the children walking up the driveway and the wind, you know, if you could do something to mitigate that, that would
be wonderful. But if you could do something to make the character fit better with the town and I appreciate actually it was interesting. I didn't realize I had such a strong prejudice against corporate enterprises. It's good to hear that you're a franchise that you intend to be a really good uh community
member here in Felmouth. That's wonderful. >> I can address I could address the issue that you said about making it look more Cape style um for our restaurant in Wendy's in Yarmouth. when we built that um we if you look at that Wendy's
compared to other Wendy's it's more in line with the Cape style look and it's so we are able with the assistance of Wendy's international and they they're in charge of all the design but we can make it look more Cape Cod aesthetic so that address that can be addressed
>> right >> so we did that in Yarmouth and we did that in Plymouth >> that's really good to hear did you do that in Mashby also >> Mashbby was a it was a honeydew donuts So, we're able to convert that and >> you kind of inherited it. Yes. I'll go over and look at the one in Yarmouth. >> Yeah. But yeah, look at the one in
Yarmouth and one in Common Way in Plymouth. But Yarmouth is but it may not be exactly that design because that's a very large restaurant, but we could possibly incorporate >> what you do when you make an effort because it's true right now um that's not a busy corner. It's not a
particularly busy street, but it's definitely getting busier. So that that will change over time and it's part of the town >> and you will attract more people to you if >> but something to address as well if there is a way that a st the the housing the the houses that allow us to put a
stairway we'd consider putting the stairs from the housing development. So >> thank you. Also one other one other thing that's just my own ignorance. So, it's a 5-year-old uh sewage flow permit. Most permits
expire at the end of three years. So, what happened to that one? >> The flow neutral bylaw has no provision regarding regarding X uh time lapse. >> Uh thank you. I didn't know that. I'd like to uh further respond to your
statements suggesting my thoughts about the um apartments uh next door. I compared the single family residence district with a light industrial district. Our zoning bylaw specifically says that the multif family use can be
allowed in a business district if the use will not be noxious uh uh will not be affected by the business to the business says the business owned area will not be adversely affected. There is although Mrs. Mueller has not done so
for 41 years. There will be development of this property at some point. A restaurant that's not a fast food restaurant would be permitted by Wright. Some of the same exi uses exist and the fact that the 40B was put next door in a
light industrial district next to this business district should not limit the uses that are allowed on the site. And that's what I was trying to get at. >> I hear you. All sec. >> Maybe the actor can provide a couple of
photographs of the Yarmouth and the Plymouth uh restaurants >> and save me the gas going over there >> and give us an idea of what the color change might be. >> Ah, thank you. >> Yeah. U my question is the uh spaces
along uh Spring Base Road. Now, they you have the uh drive-thru queue right there. Can I assume that those spaces are mainly used for people who might have to wait for an order or uh do you foresee that as being part of the regular restaurant parking area? Uh and
the reason I ask is um I don't see any direction for people to cross that uh uh drive-thru queue. >> Mr. Leer, are you are you referencing these spaces right here? >> No. up along Spring Bars Road on the north side of the property. Those there.
Yes. >> Okay. These these spaces could be used for patrons that were planning to use the the dining room. >> Okay. Okay. So, uh to access the restaurant, they
would uh be cutting across the drive-thru area or can we direct them to this other crosswalk or something? Because the uh main entrance is is that entrance on the uh west side. Is that typically a main entrance there? Because
I see a double door on the south side. Which which one would be considered the main entrance? >> It would be the entrance near the covered patio. >> Okay. Can you sir, can you come with the
microphone and say, >> Mr. Le, the the main entrance would be the the entrance closest to the covered patio. >> Okay. >> Thank you. >> Would you ask what that is? >> Uh in the area that was on the area uh
that's surrounded by the drive-thru queue. Um, right now it's just a white space on on drawings that we have. It's next to the freezer area. Is is that going to be uh landscaped? Is that uh pavement? Uh what
is that area going to be? >> So we're talking about this green space that we show on the site. >> So that is green space. >> This is all green space. Um mostly lawn. >> Okay. Thank you. >> No plantings. none indicated.
>> All set. >> Yeah, Jim. >> Well, I think the rest of the board has hit you with just about everything I could possibly think of, but uh the only thing that hasn't been mentioned yet is just to be careful with the microphone and sound and the waiting line. I know
in some of our restaurants had people complain that they can hear the talking back and forth and make sure it's controlled to keep the sound so it doesn't travel down. Sometimes that can be I don't know if you thought about that how loud it is, but just manage that properly, but I
think just about everything I can think of has already been addressed. It's the only thing I hadn't heard yet. >> All right. Thank you. So, I'm I'm going to read a a little comment here from the planning staff. Um, it is our understanding that this
applicant has stated the curb cut on the north side of the property does not directly serve the drive-thru. Therefore, complies with section 240-14 1 L9D. Is up to the board whether or not this
is whether or not this complies. So, we'll have to consider that. Not tonight. We'll have to consider that. The second uh comment from the staff is the planning staff recommends that the board require the applicant to
provide comprehensive point-by-point written response to all comments issued by the engineering department. And this response should clearly and systematically address each review comment and detail how the revised plans
or proposed actions satisfy the concerns of the excuse me. And the reason we bring this up is we've had some hearings recently, excuse me, site plan reviews that went on and on and on because we did not get uh
written comments in compliance with the engineering department's request. And I'll just note note that one of the comments that engineering made was on the uh the uh exit on the north side
there onto um a side road said that um 8 8 degrees is the um accepted slope and this is at 11. So you might want to uh have that addressed with them. That's just one item.
Then uh at this point we're going to uh if unless you have anything else to say Mr. Ahmed >> just respond to the first um issue that the staff uh asked you to consider and that is the distance between um
the curb cuts specifically the one on Spring Bars Road and um whether it serves the drive-thru. And the reason he asked that is because the zoning bylaw provides that um a curb
cut serving a drive-thru should not be within 300 ft of another curb cut serving a drive-thru. And so the um that has come up in in multiple uh cases. And so, um, we really, um, look at what's
the primary, um, curb cut of that serves a drive-thru. Um, and the planning board and the board of appeals have regularly uh had situations where a curb cut was for a uh
that was on a site that had a uh drive-thru uh but was not the really the primary um curb cut for that drive-thru and has allowed that. Uh for instance um fairly
recently um what's now called Cape and Coast Bank but was the cooperative bank of Cape Cod next to the CVS was allowed and as you know it has a drive-thru. It's right next to CVS and it's right across the street from TD Bank both of
which have drive-thrus. Actually the bylaw probably was adopted because of concern about uh drive-throughs for fast foods being close to one another. Um, but the way it's written, you have to look at a drugstore drive-thru, a bank
drive-thru, and they're treated the same as as a drive-thru serving a um fast food restaurant. We have uh that CVS has a drive-thru. It's right across the street from uh the bank that's now TD Bank. And these same bylaws were in
effect when that was approved. We have a new Chase Bank almost uh you know being constructed on Davis Straits in front of the Fment Plaza. It's immediately across the street from Rockland Trust with its drive-thru and it's right across a
driveway from um um Starbucks. Um but the way the drives are arranged, you have to drive a bit to get out. We have a Dunkin Donuts in East Felmouth that's within 300 ft of the uh entrance
to Rockland uh trust. And the planning board decided it was somewhat that was only a an exit, not a fullervice um drive a curb cut for the drive-thru. Um and they allowed that when that Dunkin
Donuts was approved. Um the CVS at that intersection of Davisville Road and Route 28 has a drive-thru. It's immediately across from a um curb cut for uh Rockland Trust, but that to get
to the drive-thru window, you have to would have to drive through the parking lot and then circle around on the east side of that CVS building. And so it was agreed that that curb cut wasn't the curb cut that serves the uh the
drive-thru. So here we have a situation where our curb cut on Worcester Court is more than 300 ft away from either of the curb cuts that serve the the uh service
credit union um across the street. We could rec require cars passing after the pickup window and getting to this point.
Just put a sign that says right turn only and make cars turn make that right turn, go through the intersection, turn right, and then go down Spring Bars Road. And then clearly this
exit only would have no use for the drive-thru. You couldn't exit from the drive-thru to it. You can't enter to it. But it's a much it's a better plan to give that option uh for people leaving the drive-thru. So, it's an issue I've
addressed at length and I hope to your satisfaction. If you have questions about it, I'll try to respond further. Thank you. Appreciate that. >> Thanks. >> And and as all of us know, people take the shortest route. So people coming up
Spring Bars Road, they they're going to pull in that entrance, not as an exit. They're going to come in as an entrance and they're going to try to go through the drive-thru if there's no no one else there. We can't control human nature. But anyway, at this point, I'm going to
take any uh public comment um and step to the podium. your name for the record and and after public comment, we have three uh uh letters that we received. I'm going to have Tom read them into the record. Hi, Richard Stone. I live off of Marav
Vista. Use Spring Bar roads regularly. And I just want to urge the planning board to realize that counting cars, whatever value that has, and it does have a value in an engineering study, does not account for the emotional, I'll
use that term advisedly, state of the drivers using those roads. And those two roads, spring bars particularly, is a cutthrough. And so when people get onto spring bars
both directions, whether they're coming from Mara Vista or coming from Worcester Court, they speed up immediately. And that speed in the curves in the road mean that you have to pay a lot of attention if you're now adding
additional traffic. And we don't know how much additional traffic uh this business will generate, but it's all around that very, very dangerous corner. I agree. I didn't even see that light was there until months after it was
because it's so high. And as you come up spring bars toward Worcester Court, you're looking for what's going by in front of you. You also have a back entrance behind Kappies now where many many Aldi customers come out. They don't go out by the front of Kappies and have
spring bars. They go out that back. all of these exits and entrances are people moving and what's going on in their minds at the time that they pull out onto one of those two roads I think has to be considered in terms of how you're
going to manage that. So I would just ask you, urge you really to be very very careful as you tread those pieces of action for authorizing this business to be there because it's a mess right now
and can be very dangerous. So thank you. >> Thank you. Anyone else? >> Yes, sir. >> Dave Buzzowski, 32 Lucern Avenue. Um, I happen to be president of the Felmouth Heights Marav Vista Neighborhood Association, but I'm not here to speak
on their behalf tonight. I haven't discussed it with my board here as an individual. My biggest concern uh about this project is is traffic, as everyone's discussed, and I I heard part of what he had to say, but sitting behind him, I didn't hear it all. I'd like to have an opportunity to review
his his his study, but need needless to say, this is not going to reduce traffic on any of our roadways. Um I live south of uh uh the the project in the the Heights area on Lousern and there's going to be additional traffic coming
down our way and on Spring Bars Road uh that's going to be increased as well. The traffic light that was put there was was brought about by a series of very serious accidents there. And even after being put in, the light is high and I I
admit that and I brought it up to uh DPW's attention, but that's the required height to allow trucks to get underneath it. Um, but despite that light being in there, I've seen more than a number of incidents of very close calls with
people running the stop sign, running the red blinking light and cutting across on Spring Bars Road. And it's it's happened to me. I've had to slam on my brakes. Bikes, ebikes, don't stop at those stop signs. They race across and it's it's an accident waiting to happen.
Once again, additional traffic is not going to reduce the the risk. Um, so I just wanted to bring to the attention as most other people have as well, uh, the traffic is our our biggest concern there. >> Thank you very much. >> Thank you.
>> Anyone else? >> Hi. Thanks everyone for um allowing us to be here and to learn about um storm grates and all the things that I never thought I'd learn about tonight. So, uh, thanks for the presentation. Uh, my name is Ben Garvin. I live at 109 Wester Court. Uh, I would also like to reinforce how dangerous that
intersection is. Um, having seen accidents, having been involved in very close accidents with people, blinking light, non-blinking light, going through that stop sign in both directions, it's very, very dangerous. I think that there should be a stop sign there regardless of a restaurant or not a restaurant. I
personally opposed to this proposal of the restaurant being there. Uh I think that it's undeniable that it is in a commercial area. Uh there are a few things I think were were a bit overlooked during the presentation in terms of where the residences were. Not talking about the housing behind it. Uh
but I believe there's a a a duplex style two family home about four lots away in that commercial commercially zoned area. And then about two lots after that there's a very large development uh where there are a lot of kids and this is certainly going to increase traffic. summertime is insane with people going
way over the speed limit on Worester Court as it is uh between that development and this potential development. Uh I I think it's it's adding to the danger not of just that intersection but of the uh the volume of traffic uh on that street. The the last thing I'd like to mention is um the
commercial properties that are there. Um there's an auto parts store, there are body shops, there's some things that exist uh on Worcester Court. And I I think that separating things like Cappies and Aldi and the bank sort of as a as a different area that that's where these things should belong where the
traffic is. And you talked about um lack of traffic compared to your other restaurants. I I I talked to probably about 10 people since I learned this was going on, since it was published in the newspaper, and everyone was vehemently opposed to it. Uh I'm not sure why he
only got three letters. Uh but um one person who I consider a friend and a neighbor uh he said, "No, I don't care." He said, "You know, it goes in there. I don't care." He said, "But it is a weird spot for a Wendy's." And I fully agree. I think that after I started to think about it, uh and this is the point that I want to make, which I said was my last
point, and thank you. Um is that I think all those businesses close by 5:30. The traffic that will increase with the dinnertime crowd. I think your restaurants close in Hyannus and Yarmouth at midnight or 1:00 a.m. I
don't think that's a spot for it. You're I mean couple hundred feet, 700, whatever it is from residents, you're you're right on the cusp of only residences. And if I'm a kid going to get Wendy's, I'm cutting right down Worster Court, going more than whatever the speed limit is, like kids do, and
going to the beach to eat. And on the way back, I'm tossing my bag out the window. Uh we had a a McDonald's bag blow into our backyard the other day. McDonald's is in it's half mile away. I'm 210 of a mile from this and I um
would like to be clear that I um am not I'm I'm clearly opposed to this uh this restaurant proposal. So, thank you for hearing me. I hope um you can take a look at what I said and uh consider the traffic and the uh the timing of the businesses, the commercial businesses that are open in that
particular area. Thank you. >> All right. Thank you. Anyone else? Yes, sir. The podium. >> Was that that guy who just spoke?
>> Hi, my name is Scott Clement. Uh I'm a director of butter to this uh proposal here. Um wanted to let you know that I am friendly with Sharon. We've spoken before. haven't spoken recently about this uh and I understand
um for uh non-disclosure agreements and things because I went through that myself. Uh a couple of concerns that I have um first and foremost obviously is the location of the prop of the parking
alongside the uh business that I run. um property line is 44, I believe 44 1/2 in from my building to where they're proposing to put parking. They're going to be another 2 ft on the
other side of it. So, they're going to be parking vehicles, proposed to park vehicles within 5 1/2 ft of the side of the building. Uh being open late at night kind of gets me a little leery about customers walking around and
trashing things. Um the other concerns that I have is the way that this is written uh directly across from it. It just says that it is paved driveway and paved driveway. There's no
drawings on where these driveways are actually at. Kappy's entrance is directly across and then the uh service delivery area for the back of the plaza is on the back side of this L
here which is their uh raised bed that they have. The traffic studies that were done um is dated in October of 24.
Aldi's was known to be going in to that location, was in the process of being built. Aldi actually opened for business on November 14th of 24. This traffic study was done just before that or filed
just before that. Um the blink lights actually did I took actually took a video of it. Um they started December 23rd of 24. I happened to take a video of it because I I watch this intersection constantly and I would just for the heck of it I decided I was going
to take a video and see how it was going to work. And um consistently daily people cut the light, people slam on the brakes. It's it's scary. I see it from 7:30, 8:00 in the morning till 6 o'clock at night
constantly. It's It's a pretty dangerous intersection. The other concern that I have is with the exit only on Spring Bars Road, the Spring Bars Road from the West Court intersection coming down, you're going
down a hill. I have a friend that lives in the apartments. I've been in and out of the apartments before pulling out of there. You don't have a line of sight coming up. As you're pulling out, a car is coming over that hill and they're already at speed 30 mph easy coming
down. So, if you're trying to pull out, you're you're kind of in a chase. Um, same thing with the bank cuz the bank parking lot is directly across it. I've pulled out of there a handful of times and have been in a chase with a car, people slamming on their brakes,
getting upset with you because you cut them off. um all the open like I said in in November 14th, November 14th of 24. Traffic has definitely increased since then,
which was after this traffic study, just after this traffic study was was dated. Um the traffic study, the Aldi, and the traffic light. You know, like the traffic light came in uh December 23rd consistently, daily people running through the lights. If you put a slow
motion camera there and you videotape that for a day, you'd be amazed. You'd be amazed. I don't have a problem with capitalism, having a business, running a business, making money. I'm not sure if
it's the right location for this safety wise. It's going to add a lot of traffic. If it does, I cross my fingers. >> All right. Thank you.
>> Anyone else have any comments they'd like to make? Yes, sir. >> Hi, John Modelki. Uh 82 Hudson Street, which is right down south off of Elma. um very familiar with this um with this intersection. And uh first let me say I
think it's really admirable how your family has really um ingrained themselves into the uh into the communities. I'm myself a small business owner and I I take pride in that as well. So you know that that that's fantastic and I um admire you for building this business and ma'am I I
know this is your property and you can pretty much do what you want with it. So you know all that aside um I do have some concerns. Uh one I think that the first thing is I think uh and with all due respect I think we misrepresented
kind of where this is situated in that commercial area. It is not really in the midst of the commercial area. It is really on the southern end and it does use your words it is the gateway to um a
residential area large residential area. And so I would just ask that you rethink kind of where this is situated in that yes there is a Walmart. Yes, there is cappies to the other comments. It seems a little out of place there um for a
fast food restaurant and maybe another business would be more appropriate. I don't know. Uh but the other comment that I wanted to make was on the intersection and I'll I'll beat this uh horse to death. Um Miss Keroot, uh I agree with what you said earlier. I had
a um uh my son and daughter-in-law and infant uh baby were in an accident just about six weeks ago there. Uh they were coming down south on Worcester Court and there was a a gentleman coming up spring bars from going west and just kept going
through and um and created the accident. No one got hurt. It was fine. Uh but I have to say that the the reaction from the officers who were there were um just confirmed when I think about that intersection which was and this is
all anecdotal. Um so you know aside from your study, this intersection is terrible. Someone's going to get really hurt. Um we really really should do something about this. Uh those types of comments that came from the officers and from the uh the ambulance who came to check everybody
out. So, I I agree that the lights are too high and I know there are restrictions on that. Um, but that intersection really really is dangerous. And if I don't know if I can use this or not, but if if people are coming out here and turning right up to court and
people coming out here and turning left up here, this intersection here, people coming out of Cappies, this intersection is going to be a mess. >> Yeah. Correct. There are going to be people coming up, people coming out, people coming out of spring bars, people coming out of spring bars this way. I
just think that there needs to be more consideration as to how that intersection um with this increased traffic, regardless of what the traffic is, it's an increase. I just think that there should be more consideration as to as to what happens at that intersection and how it's handled. So, thank you very much.
>> Thank you. >> Anyone else? Yes, sir. Chris Bernard, 86 Hudson Street. Um, just a small piece to everything about the traffic concern is with the drive-thru component being that obviously it's commercial use. There's going to be some commercial uh use there
at some point, but the drive-thru component does add to this concern of traffic because you got people coming out of Wendy's now. You got traffic coming up Springer Road. So, I think, you know, a non drive-thru commercial restaurant
would probably be safer. Um, and that's something that I think should be considered, too. Just the drive-through component does add to that safety concern. Thank you. >> All right. Thank you. Anyone else? >> All right. Thank you very much. Uh, we
have a couple letters. Uh, usually I would just summarize the letters, but I think I I'll ask Tom to read them, please. >> I have four of them. >> Four letters. Okay. >> This one's from Daniel Duffy. >> Dated November 4th, 2025 to the town
planning board regarding the site plan review planning board application for Wendy's at Zero Worcester Court. Dear Planning Board, my name is Dan Duffy and my wife's name is Tracy Duffy. Our family lives at 108 Worcester Court. I would like to protest
the site plan review application for a proposed 2,819 square foot 36 seat Wendy's fast food restaurant to be located at zero Worcester Court map number 391548001B.
We're not in favor for this business to be approved to build at this location for several reasons. The intersection of Spring Bars Road in Worcester Court is already a busy intersection. You also have the parking lot rear entrance exit between Cappy's Fine Wine
and Spirits Liquor Store and Aldi Grocery Store, which has seen an increase in use as well with the addition of Aldi's. This exit is directly across from the proposed Wendy's location. Traffic to Wendy's will further exasperate the issues that area is
having. There is an issue with vehicle speeding on Worcester Court from Lake Leman through the Spring Bros Road intersection to Davis Straits. I believe that this will also become worse with the addition of a fast food restaurant. I'm also concerned with the odor that is
exhausted from a Wendy's impacting local residents. I do not want to smell it when the wind blows it into the adjacent apartment complex and neighborhoods. I'm concerned with the waste trash that also comes from the restaurant. We have an issue now on Worcester Court with
people disposing of bottles etc in yards as they walk by. I think this will also increase as people improperly dispose of their waste. I am concerned with the possible increase in rodents and vermin in the areas due to the waste collection at the Wendy's proper and improper
disposal by people. Lastly, Felmouth Heights is a large summer rental property area as well as residential area. A Wendy's this close will negatively impact home values and rentals due to the added issues that it
will cause with odor and traffic. Next letter. This is from Greg Mesmanian, dated Tuesday, November 4th, 2025. Dear Jed, I'm writing you as a concerned citizen about the proposed Wendy's site
on Worcester Avenue. What value does adding a Wendy's to the area bring to the citizens of town? We have a Burger King and McDonald's less than a quarter of a mile away and in a convenient location on Route 28 coupled with a
multitude private food establishments. I see no value add other than more revenue for the town in our back/e taxes which should not be the motivating factor. Second issue is safety. With Aldi's,
cappies and multif family housing makes this intersection very busy. Adding more cars and delivery trucks can only lead to safety issues. Even with newly installed lights, it's a dicey intersection. Additional point I failed to meion
mention. Less than 100 yards from the proposed Wendy's site is a multiple family housing complex. With the westerly prevailing winds throughout the year, the smell of hamburgers, fried food, etc. will be a total annoyance to
the residents. Kendall Crossing isn't far off either. Commercial air pollution consideration should be important to the planning board. Lastly, overbuilding and the commercialization of Felmouth is on every taxpayers's mind. We have seen in
the last five years an over an overabundance housing and commercial establishments. Look at the new Chase Bank on the plaza directly across from the two banks and less than a quarter of a mile from three others. Added value? I think not. It
would seem the charm of Felmouth as a Cape Cod town is slowly turning into a city-like atmosphere which will surely impact future residents and our beloved tourist industry. Thank you for listening and I hope the planning board carefully makes the right decision for
the residents of this town. Next letter. This is from Ben Garvin. Dear Chairman Julie and the members of the planning board, I am writing in very strong opposition of the application of Fashion Foods for a special permit for a fast food restaurant with a drive-thru
at the corner of Worcester Court and Spring Bars Road. I would also respectively request that any and all progress on this proposal cease until an opportunity for public hearing take place in the
summer months when all nearby residents, not only yearround residents, will have the opportunity to be educated and have the choice to have their opinions heard by the board. This fast food restaurant should be in an area that matches other Wendy's in the region for reasons stated
below. This proposal will be detrimental to our neighborhood. It will add traffic to an already dangerous intersection. It will contribute to unwanted litter as well as serve as an unwanted draw to the area during the day during the time of day in
the evening when things are starting to quiet down. In the past few weeks, I have spoken to many neighbors who plainly object to this proposal with one outlier who stated they didn't care and added that it is a weird place for
Wendy's. The proposed location is uncharacteristic at minimum. Other Wendy's are in very industrial, commercial, and shopping areas where they belong. The closest Wendy's I can find is located in Mashbby, located at 24th
Steeple Street in Mashby Commons shopping area, serving as the town's main hub for shopping and dining, according to an AI search. Others are in Hyenas and further out. They are open until midnight or 1:00 a.m. This type of activity is not wanted
in our neighborhood. Another in the proposed style architecture is located in a Home Depot parking lot at 1111 Hingham Street, Rockland, Mass. The proposed location abuing a residential
complex, commercial areas with the first residence on Worcester Court only four parcels away in completely residential area just two doors down from there. Existing commercial businesses in the area draw a small number of people to Worcester Court and are closed by 5:30
p.m. a time when this business would be attempting to draw people in. This draw is not wanted by residents. I implore the board recommend that this location be denied and a suitable location just like other Wendy's as stated be secured
for this project. Ben Garvin. Last letter. This is from the Corporate Office of Service Credit Union, dated November 4th, 2025 regarding the application number 071-25
of Fashion Food LLC for a site plan review. Chairman Drulie and members of the board. This letter is relative to the above referenced application and submitted materials of the applicant. Fashion Food LLC in parenthesis applicant. As you may
know, Service Federal Credit Union parenthesis credit union maintains a branch directly across from the proposed Wendy's restaurant on Worcester Court in Spring Bars Road in Felmouth. As in a butter, we are concerned with traffic
and pedestrian safety relative to the applicant's exiton driveway on Spring Bars Road. The applicant's proposed driveway appears to be nearly directly across from the credit union's driveway on Spring Bars Road and has the
potential to cause vehicular accidents between our members entering and exiting the branch onto Spring Bars Road and the exiting of Wendy's patronons on Spring Bars Road. As detailed in the applicant's traffic study, the
intersection of Worcester Court and Spring Bars Road has a much higher crash rate of 1.51 compared to Mass DO's average crash rate of 0.57 with most collisions being angled crashes from turning vehicles. While
Felmouth has recently installed flashing beacons to address safety issues at the intersection, the area on Spring Bars Road between the two potential driveways poses a risk of vehicular and pedestrian incidents from entering and exiting the
driveways. As proposed, the site distance between the intersection and the driveways is less than the required distance of 335 feet noted by Felmmet DPW and its combined review.
The credit union asked the board to consider requiring the applicant to eliminate the exiton driveway on Spring Bars Road or alternatively make the exit a right turn only exit in order to reduce the risk of accidents.
We encourage the board to strongly consider the safety of all in the area. If you have any questions, please feel free to contact me. Sincerely, Julian E. coat AVP legal in-house counsel service federal credit union
>> that's it thank you very much >> y >> excuse me >> I would like to speak >> certainly >> my name is Sharon K Mueller and I am the very unfavorable owner of zero court
listening to everyone and You have made very valid statements. I was planning to get up here and speak of the positive attributes of Wendy's being there,
not only for what I feel it could help with. All right. But also Wendy's as a small business and how they get involved in the community, what they give back. But right now,
it seems to me that the issue is really not Wendy's. It's that corner. I live in Mashp and I'm sure you're all familiar with Mashp Commons. They are expanding. We currently put up a stop
sign. All right. Because housing is going to go there. When Mash beep Commons builds, they don't build one or two, 30, 40. So the exit and also from the commercial
retail part of Mashp Commons will be extraordinary. Stop sign went up to begin to get people used to looking at what's going left and
right. eventually there maybe it will be a traffic light. I personally have watched people in front of me go right through it. I agree with what you're saying also that the hanging light I've been there is too
high. I also understand that your semi-trail trucks whatever need to get there and they can't be hitting the light. So, one rule kind of negates the other or whatever we need to accomplish.
What I'm thinking with all these, with Chase, with some of the other things that people are planning for what used to be the Christmas tree shop mall
is that traffic will only increase. The issue here is not whether or not Wendy should really be here. The issue is fix the corner problem.
Until we do that, there will be accidents. Traffic is going to increase with Aldi's. It's going to increase with Chase being there. More of us natives are learning.
as my husband taught me the back roads and I definitely use the back roads. Um, possibly before going forth because at this point I really want something done
with the land. It is my property. I have waited a very long time. Why? It's not because no one wants to be there. It's because my husband and I were very fussy
as to what was going to be there. Mindful of pollution. I can't tell you how many boatyards wanted to come in and store boats. Perfect lot for it. It's close to how many marinas?
Fortunately, my brother, my husband and I owned a boat. We knew exactly what went into when you store the boat, when you take the wrapper off, and then maintenance, oil changes, scraping,
painting. When we bought that property, the first thing we did was put in three monitoring wells. That meant when Flurky, our first
customer that rented, came in, we explained to them, "We're going to test the wells. When you leave, they will be tested. If there is any pollution whatsoever,
guess who will be fixing it?" There never was an issue with Flurking. My husband and I tried to be very conscientious about what was done with that lot.
I still feel that way. He has passed. That lot is our legacy. Just like I'm up here now and I feel very unliked. I don't want the legacy
of the name Mueller to be not respected and not liked. Ladies and gentlemen, you can turn down this particular proposal. That won't help the situation. If you
think saying no to Wendy's is going to present prevent car accidents, you're dead wrong. So, I think we need to reook at what we're doing here
and suggestions from you who help run the town would be greatly appreciated. Perhaps the town needs to step up and put a light there. And perhaps we as people
need to learn not to litter, not to throw our bags out the window. Why do you think those cement pieces are on that property? Because we got sick and tired of people
coming in dumping furniture, TVs, whatever. That was an expense. and I tried to do it as attractively as possible, but I needed to protect my property.
I also didn't want did not want it to look like a dump. I as well as my husband when he was alive have gone through loops to make this work. I'm going to be very honest
with everyone. I'm getting a little tired. Perhaps the light needs to be there and perhaps the town needs to put one in. >> Thank you.
>> Thank you. >> Yes, sir. >> I do want to say the obvious, and it's something that u Mrs. Mueller hasn't said directly, but there will be development on that property
and there'll be more or less traffic depending on on what that development will be, but there will be more development. There will be more traffic. Um, and as Mrs. Molly said, the goal should be to
um protect it, protect the intersections best we can. Um, I do think the idea that's been suggested, if we can't have a traffic light, um, those flashing lights that are, um, at Dillingham Avenue might be a good idea and maybe the town can can, uh, do
that. Um, so we'll do our best to uh, respond to the engineering department and other suggestions that have been made and look at design of the building. There's lots we can look at. Um, I think this has been a good initial
hearing and I appreciate all your time. >> Okay. I have a question for you, then a comment. Um, is there any signage offsite for this proposed restaurant? Uh, not that I'm aware of, but it does
remind me and Judson that I think that the impacts of a Wendy's restaurant on many locations on Route 28 would be much worse than the impacts of of the restaurant at this proposed location.
Um, and I think that Wendy's thinks that um it may not be the best location for the highest uh pass by um a clientele. It it certainly is not. Um but that
people will get to know where it is and like their product and that they'll be able to do okay. So the the comment the comment that I have is the parking along this the southern part that um close to um the
the building that already exists there. There might be a um a 10-ft limitation. You might check with the building department uh between where a vehicle can be and where a building can be. There might be a separation of 10 feet. It looks like there's six or seven now, but you might want to check with them on
that. U we think >> I don't know if I'm correct or not but I think I am. >> Okay. I do want to also u mention that we know we know that there are were three letters of support that um I gave to the planning board and that um I was
told would be um circulated to the board members. Um and I don't need >> I'm not asking that they be those letters be read but I do want to point out that there are letters of support. >> They were in our packet. job. >> Thank you. >> Where they belong,
>> John? >> Yes, Charlotte. >> Is it too late for a board member to come in? Of >> course not. >> I think it's going to change the whole feel of that corner and have a well-lighted restaurant there. Now, when people are driving there, they're responding to the emptiness of it. So,
that there's the blank lot over there where anything could happen. And picture now a very well-lighted restaurant. Maybe something could be done about the hours of that restaurant on on some consideration, but it will change the
way people address that corner very very much. So, the other thing about that neighborhood is it's the back door to Walmart's. It's also um the front door to going up to a very popular little uh strip mall that has a wonderful little
restaurant in it. So, it already has nighttime traffic going up to that restaurant. So that that kind of commercial development is growing in that area and it will grow more that corner just before you get to the Walmart entrance that'll get built on.
You know that whole area is going to change. I we need to think about the impact of the of this development how it will change people's approach to it. I also wonder about the DPW's involvement in rethinking that corner. If there've
been that many accidents and they've tried to do something, they've put up a hanging line and you know that's a problem. The DPW might be able to weigh in on other ways to control that traffic better so that it's less dangerous. >> Thank you, Jim. Well, the only reason
why I'm commenting is because these letters are written and they talked about, you know, once it's read out, everybody believes that's the fact. Uh, I'd like to go back to what Mr. Amed said. This is not on the edge of a residential neighborhood. It's in it's in an industrial neighborhood
and a B2, which is our most intensive zoning we have for business. And I encourage all our board members to go read the zoning and understand when you're putting housing in industrial use, you have to be careful to make sure the housing is not noxious to the business. We're we've reversed this
whole thing's getting turned around backwards and say this is a residential neighborhood. I just want everyone to read the zoning and then come back next week and understand it because I think there's some really big misunderstandings on these letters that were written and in what are our what
we've said about it. Just read it please because I I agree with you and I >> think you missed the facts. >> Jed to comment on whether or not there's any basis in the existing bylaws for uh not permitting this use because it was explained to us that it
meets everything in the bylaw and they were very careful about that. >> So Jed, could you comment on that? >> I'd actually like to comment if you don't mind. Um so the use isn't before you. The use is going to be before the zoning board of appeals as a special permit. What is before you is the site
plan review for the for all of the the drainage, the parking and everything that entails with the site um work. And then the other's part is the special permit for the parking in the front yard and and close to a property line. So the use is not before you. The use will be
before the zoning board of appeals. >> I understand that. I was just asking the director of community development whether or not the bylaw envisions this use and allows it. Yes, it does. That's why there's a provision in the bylaw for a special
permit for a fast food restaurant >> without special permits for details within it. >> They're not allowed in at all without special permit. No fast food restaurant is allowed without a special permit. >> And to Melinda's point, only within the B2 zoning district. That's the only
place in town that you can have a fast food restaurant. Only by special permit. >> Correct. >> All right. Thank you. Any other comments? Yes. Yes, ma'am. >> Sharon Mueller again. I have a question for the panel.
>> Funny thing. We could read the negatives, but we couldn't read the positives. Is that really >> I was I was mistaken that I did not see them, but we certainly can read them. They're they're we had three letters in
support and >> you know, it's I'm not going to badger that. I'm going to leave that up to >> you to decide on that. My other comment, it was made that why do we need another
fast food? To be honest with you, in the beginning I asked the same question. Wendy's has food, especially their beef, delivered three times a week. It's not frozen. It is refrigerated.
All of us know when we freeze things and we unfreeze them, they do not taste as good. I have been told without soliciting people's opinions, the food at Wendy's
tastes better and it is for the most part at a better price point. So, um, my presentation earlier would have been very different. It would have told you more about Wendy's, their
background, what a good business citizen they are, and that neither one of us contacted each other. I didn't go knock on their door. They didn't knock on mine. What happened? I
received a phone call from a Felmouth resident who wanted to know why I didn't consider putting Wendy's on the lot. And I said, 'Well, why? Because we love their food and many of my friends. And I
said, 'Well, there's one in Hyannas. And he indicated, probably a senior, were tired of driving that far. So, um, some of the citizenship here
wanted the Wendy's. And again, I think our problem is let's fix the traffic light. >> All right. Thank you very much. >> Will you read the three letters of support, please? >> This is from Duffy Health Center, dated
May 15, 2025. Dear representatives of the town of Felmouth. On behalf of Duffy Health Center, I am writing to offer our enthusiastic support for the proposed opening of a Wendy's restaurant in Felmouth under the leadership of local
co-owners Terry Smiley and USA Lari. Wendy's and particularly Mr. Smiley and Mr. El Sahari have been steadfast community partners to Duffy Health Center and strong advocates for our
vision to provide comprehensive health care and support services to our unhoused and unstably housed community members on Cape Cod. Their dedication has gone far beyond traditional business philanthropy, demonstrating genuine
consistent engagement with the needs of our most vulnerable neighbors. In recognition of their ongoing contributions, we are proud to present Terry Smiley and USA Harway with the Duffy Health Center
President's Award in 2024. This honor reflects the deep appreciation we have for their unwavering support, leadership, and commitment to improving the health and well-being of our shared community. Bringing Wendy's to Felmouth represents more than the opening of a new
restaurant. It is an opportunity to welcome a businessrooted in community values, one that has repeatedly shown a willingness to step up and support nonprofit organizations, create local jobs, and contribute to the economic and
social vitality of the region. Since opening their Wendy's location in Ma Mashbby, >> yes, >> they have continued to expand their community impact by hosting Duffy Health Cent's Reach mobile unit at their restaurant site. Their partnership has
enabled us to bring crucial health care and supportive services directly to local residents, providing linkage to medical care, behavioral health support and resources for those facing housing and economic challenges. Their
willingness to open their business as a site for service delivery underscores their deeprooted commitment to community well-being and innovative collaborative solutions. We strongly encourage the town of Felmouth to support this application and
are confident that the presence of Wendy's restaurant operated by these dedicated local owners will be a benefit to the town and its residents. Please do not hesitate to contact me if you like any other additional information. Sincerely, Stephanie Rotten Roten, Chief
Executive Officer, Duffy Health Center. Hyenis Mass. Next letter. This is from Melissa Howlet dated May 23rd, 2025. This is a letter of support. Dear members of the Felmouth Town Council, I
am writing to express my enthusiastic support for the opening of a Wendy's location in the town of Felmouth. Wendy's has demonstrated a sincere commitment to supporting our Mashby community since opening a few years ago, particularly our local schools. Over the
past months, they have made generous donations that have directly benefited our students, educators, and programs. Yearly, our boosters club sponsors an all-night after prom party to ensure a safe drug and alcohol-free environment
for the welfare of our students. Wendy's has been catering this for us without question, and our students look forward to it. Their willingness to invest in the well-being of Mastery's youth reflects the kind of partnership
we value and hope to see grow within your town. Beyond their community engagement, Wendy's also brings employment opportunities and convenient dining options to our residents. Their presence would contribute positively to
the local economy and provide a reliable community oriented business that is already proving its dedication to being a good neighbor. For these reasons, I fully support the proposal for a Wendy's in Felmouth and hope the town will
consider this opportunity to welcome a business that is eager to give back. Sincerely, Dr. Melissa Pallet. And last letter, this is dated May 14th, 2025.
Dear representatives of the town of Felmouth, my name is Daniel Rodriguez and I serve as the service unit cookie mentor for the Mashb Girl Scouts. I am writing to express my full support for the Wendy's the proposed Wendy's
restaurant in Felmouth to be owned and operated by Terry Smiley and Yusama El Sahari. Over the past two cookie seasons, Terry and USA have gone above and beyond in supporting supporting our
local Girl Scout troops. They have generously allowed us to set up cookie booths outside their Wendy's location in Mashbby, giving our scouts a safe, visible, and welcoming space to sell cookies and practice valuable life and
business skills. Their kindness, flexibility, and encouragement have made a real difference in our cookie program, helping our girls reach their goals and build confidence along the way. Terry and USA have proven to be
excellent community partners committed not just to running a successful business, but also to uplifting local organizations and creating opportunities for young people. A new Wendy's and Felmouth would not only provide a
popular dining option and local jobs, but also extend their positive community impact to a new part of the Cape. In addition to my role with Girl Scouts, I also serve as a member of the Mashby School Committee and have been actively
involved in our local community for many years. From that broader perspective, I have consistently seen the positive impact that Terry and USA have had across multiple areas of community life. They are the kind of business owners who
don't just operate locally, they invest locally. Based on our experience working with them, I have no doubt that they will continue to support local initiatives to be thoughtful, engaged members of the Felmouth business
community. Thank you for considering this letter of support. If you have any questions or would like more information, I'd be happy to speak further. Sincerely, Daniel Rodriguez, LIICSSW, comma, PMH-C,
service unit cookie mentor. >> All right. Thank you very much. >> We're going to continue this hearing. Uh we have to make certain that you're going to be able to have the responses necessary for the engineering. Have a a time frame for that.
>> Make a motion to continue. Yeah. until uh >> I want to then we'll have to coordinate the date with involvement. >> Okay. >> So I made a motion. >> Second. >> Well, the next one possible >> is November 25th. >> Mhm.
>> Because the 17th is town meeting and that's the very next. >> The applicant needs to be able to respond to the engineering before I know they come back. That's why I'm asking them. >> I think we need uh about a month >> a month >> beginning of December. December.
>> So then we'd have to ask for an extension of the deadline. >> Happy until when? >> I don't know. >> If you need an extension, we'll be happy. >> We can coordinate that. >> Yeah. >> Yeah. >> 11:24. >> Yeah. This is better than doing it on the fly, Bob. I think is
>> that's if I may. The the next available in a month is December 9th. Um it's within the deadline for that at that point. Um if we need further after that then we can get a extension from you. Um
do you think December 9th is doable? That's that's a month from now. >> Yes. >> Thank you. >> December 9th. >> Yes. >> So we got a motion second. >> Second. >> That's this for the special permit. The
other one is just >> No. >> Yeah. But site plan review we don't really have to. We just have to We don't have to make a motion then. >> Okay. >> Oh, okay. >> Let's try to do them together. >> Yeah. >> It really is hard to to start over again
covering all the same things. >> Well, then he's we got to make the presentation. >> I think he has. >> He started off actually he started off in the beginning saying that's what he was doing. >> What you're saying at least that's what I heard >> Jim is that you'd like a motion to continue both the
>> Well, we don't have to. You've already said we only have to do the site plan, >> correct? >> I'm good with that. >> But we'll just bring the other one up at the same time. >> Sounds good. >> Working hard today. >> So, um, officially you need to open the public hearing for the special permit and read the public hearing notice into
the record um for at least that part of it and then we can continue on from there. Okay. >> So, for procedurally, the site plan review uh public meeting has been continued to December 9th.
>> We're moving on from the site plan review where we're now opening the hearing for the parking within the front yard and 5 ft of the property line. >> Yes. And I I want to make it clear to the we have a large audience here. So, the hearing tonight is is for site plan
review. That's what we talked about the curb cuts, the drive-thrus, the parking, etc., etc. Engineering reports and and then um we have a second hearing for special permit or I I'll read it. Um,
applicant Fashion Foods LLC special permit application to allow a portion of the restaurant parking to be located in the front yard and for 18 parking spaces on the south side of the lot to be within 5 ft of the property line at 0
West Worcester Court map number 3915 048001B. So, we have two hearings. We're kind of condensing them here. One is for parking in the front yard of the restaurant and the other is for the site plan review.
We're extending the site plan review to December 12th >> 9th. 9th sorry 9th >> and we're uh we're going to have the hearing now for this well we kind of had the hearing but we've read it into the record but after after we make our decisions for these two hearings it goes
to the zoning board of appeals. the zoning board of appeals will either allow or deny this applicant. We're here for for other reasons and we take testimony. I'm glad everyone came here this evening. We had a lot of really
good testimony and uh we take it into consideration, but I want you to understand the process. So, special permit read it. >> Y Mr. Chairman, public notice for this project was published on October 17,
2025 and octo October 24th, 2025 and 36 abutters were notified by regular mail. >> All right. Thank you. >> So, we're going to continue this >> um >> in conjunction. >> You could ask if there's any more public
comment regarding the parking um in the front yard and to the right property. >> Thank you. Mr. Ahmed, >> for your record, I'm Bob Ahmed. In regarding this special permit, I'd like to ask the board to take into account
all of the testimony and documentation that's been presented um earlier this evening with regard to the site plan review uh to review the record of that, watch the uh tape of the meeting if necessary, um and keep all of that in
mind. I think it's unnecessary for me to go through um any of of it um at this time. Um I do want to just specifically uh say a little bit about the two special permit requests. The parking in
the front yard provides for a better layout of the property. we're providing for um uh landscaping and I don't think that there are any detriments um uh to allowing this and keep in mind that the
um site presently is um where it will be developed for uh the parking in the front yard is already all all paved. Um so it will be an improvement and we will be addressing drainage issues which
perhaps have not been addressed um um at present. Um with all due respect to um uh Mr. Clement with regard to the parking on the side. I don't think that the parking 2 feet from the property
line uh will have any um adverse impact on um his building um which is nonconforming only 4t away from the um property line. I don't think that uh the location of the parking there or three feet farther away from his building will
have anything any real impact on uh the um how people behave and treat his property. Really that doesn't I don't think um have an impact. Uh there will be some landscaping. It's not much, but uh there will be some ground cover uh
proposed and we could uh look at the question of whether there's um any kind of fencing or something that would um he would like and thinks that it would improve the situation. He does have a fence along a a portion of the property now which slightly encroaches onto the
Mueller property. Um but um that side of his building I don't think is particularly attractive. I don't recall if there are many windows on that side of it, but I think that uh this is a um a request that improves the use of the
of the site without any detriment. And again, we'd rather have um move the project slightly to uh towards the property line, which the planning board can allow to leave more room for landscaping elsewhere and better circulation on the lot. If you have any
questions about those special permit requests, I'd be happy to um address them. >> All right. Thank you. >> Questions, comments, >> no comment. >> I do have one if I may. >> Sure. Of course.
>> Um Attorney, can you clarify the two parking spaces that are located directly in front of the structure itself? They they're at an angle. Are they intended to be restricted in any way for delivery services or
anything like that? >> Yes. >> Okay. Is that enough clarificate? That is that is in there the first space is you notice um in the engineering department raised this question. They said what are these signs? There's signs
indicated at these spaces and those signs are for uh uh delivery people like uh guess it's Door Dash and Uber um or for pickup. >> So a total of four spaces. >> It looks like there are uh five plus um
it's five I think. >> Five. Okay. >> Thank you. >> Okay. Okay. Sorry. You need any motions to >> I think we have it. >> Okay. >> I think you need to continue.
>> I think you need to continue. >> To continue. >> Yeah. >> I thought we Somebody made that motion already. >> I move to continue the special permit hearing until uh December 9th. >> Yeah, December 9th. >> December 9th. >> Second. >> Second. >> All in favor? >> I I unanimous.
>> All right. Thank you very much. We got to get out of bed. >> Could have been worse. >> You got a good job. Let >> him talk. I didn't It's not our job. >> Absolutely. >> You don't have to
give him a star. >> I have to listen, right? >> Their job. wear this until you retire. >> No, just wear it down. >> If you could uh take it out. >> We got another hearing. >> Yeah,
>> we got to keep working. >> We're not done. Please, we want to go home. >> The architectural plan for this project is upside down. >> All right, going forward here. >> Have mind actually for this lot. >> I didn't want to bring it out publicly,
but you may want to tell They're being reported right now. >> All right. Planning board for discussion. Let's go. >> Planning department report. >> We won't be expecting that. >> All right. We got to get going. >> Thank you.
>> No private hearings. >> Okay. >> While you're there, you can give us your report. I think that's Jed, don't come back. >> Well, so the report is short. Um, it's just the same report that we had uh at the last meeting. All I all hands on
deck right now for town meeting. So, we're prepping your presentation. Um, organizing any answers to questions. Precinct meetings start um tomorrow in fact. Um, and so we'll be prepared to answer questions on any of your Sony
bylaws. So that's the primary focus that we have right now. >> Okay. >> All right. Thank you. Any questions though? >> Well, I've had an ongoing question about St. Barber. I've asked at every meeting. Can you address that now? So the town um recently received um
indication from the office executive office of housing and livable communities indicating that we are not in our we we have lost our 2-year temporary safe harbor. Um that was applied for
I don't remember the exact date. Um but uh it was effective for 2 years uh based on the Southerntherly uh project which had 300 units. Um >> Easterly is it? >> Easterly. Sorry, not Southerntherly, Easterly. Um and so we just recently
received that correspondence that we um we are no longer we no longer have that two-year safe harbor >> because they haven't applied for building permit. >> That is correct. >> Okay. >> Are there any prospects for getting it back soon? I can't comment on any of
that. I I don't know um what the town's um uh plan is um going forward. U but all I can say is that we recently received that that communication. >> Would they have to start all over again in their application?
>> No. Um I mean it's complicated and I don't really want to I >> No, I understand. I just wondered just generically whether somebody who lost that >> and they have to start all over. >> Essentially with the SHI you can come on to the list and come off the list. It's sort of a fluid thing.
>> My understanding is they did it deliberately. They didn't get knocked off the list. They made a choice. >> Again, I don't think we should >> Well, that's my understanding. I know no one else that. I believe if you look into it, there's some other and and somebody else could step up and get it approved to get us back in again, too,
because we it's not just all one big chunk. It's an annual. It's a production plan. And if we approve another one, it gets us to the right number. We're back in the game again, right? >> But that was their choice. They weren't knocked off. They made the decision. >> So that's our report.
>> That's it. Okay. >> A decision to quit. more units. >> Any other questions? >> No, staff. >> Okay. Uh committee reports. >> Oh, I'm sorry.
the the group, the advisory committee that was appointed by the select board that is working on the um uh short-term rental issue uh produced a draft that they have sent to the town council. The
town council is reviewing it and making whatever changes it might need and then returning it to the advisory committee um for whatever they might want to do with it next. that would probably include uh Doug Brown emailed me to say um the beginning of public hearings at
some point. So that is moving along. Um and in reading that draft, I don't know whether you have access to the draft. >> I'm sorry. Do I? >> Yeah, >> always. >> Always. >> And who else has access to that draft? >> Everybody. >> Is it on the town website?
>> I don't believe it's on the town website. >> I don't think it is. >> No. But at any rate, it it there's a digital copy, so it wouldn't be hard to do, but uh the the draft really I think it's really good. um hit all the things that the advisory committee was
concerned about and would be very thorough and followed a lot of the advice that was gained from listening to Province Town and Plymouth particularly as regards timing on implementation so that it's more or less slowly phased in so that people uh would have a chance to
get their feet under them for registration and licensing and that kind of thing. So it's moving along. >> I agree. Thank you. Any other committee reports or any questions? All right. Thank you.
Um, future agenda item. I got one. Uh, I I would like to revisit the senior care retirement and workforce housing district and uh thinking about uh what we said in the uh comprehensive plan about housing for all. And I look at the
uh senior citizen uh this this part of it as being incredibly discriminating. And when we were looking at that Smithfield Farm proposal where most of those were going to be uh 50 or 55 and over and yet the the uh bylaw says the purpose of this district is to allow for
alternative housing for senior citizens in a setting that provides them with personal and health related services and programs. You're not going to get that out there. And why are we building for a certain age group when we need young people in this town? We don't need to uh
constantly be recruiting retirees. I mean, the town is already what uh 65% 50 and over. I mean, the workforce housing uh part of it is great. That's what we should be focusing on. Uh it's
to me it's just totally discriminatory. I don't know how we get away with doing that. I I have a com I agree that we need to address it, but it's misconstrued. The 55 is a title five issue and it is not a town issue. It's a state issue,
>> right? >> Okay. And the title five issue is relating to the septic. It is and not healthcare. I agree with what you're trying to do, but that's not the way to do it. Yeah. >> The title f I understand that the title five, the over 55 reduces the amount of bedroom count and gets with greater
density for that age. And that's it's a state issue on Title 5, not necessarily a town, but that's I might be wrong, but that's my understanding of it. >> Yeah. I would just suggest it's if it's going to be a future agenda item, we don't stray too far away from the agenda. >> I just he made it sound like it was a it was a
issue that we were doing directly. It's a state issue. >> Yeah. Well, I I I understand that, but uh I just don't I just don't see how we can provide housing for all if we keep targeting a certain group and it's based on septic systems or sewage or whatever.
I mean, it's it's not the way to go. It's not >> Well, the 55 and over project is a 40B. >> Yeah, but we have 40Bs for workforce housing as well, >> right? >> You know, >> I'm just saying we don't have the we don't get to choose >> in that situation. again the state.
>> Yeah, it's just it just sticks in my craw. It really does. >> All right. Any other future agenda items? >> No. Okay. General correspondence from October 29th to November 4th. >> Uh if I may, uh we don't necessarily
have general correspondence, but we did miss an announcement. So, I just wanted to bring your uh attention to the precinct meeting schedule that's in your packet. Um bear in mind um the precinct meetings start um tomorrow night. First
one will be at the Gus Cany Center. Um and then on Thursday there's two precinct meetings. We covered this at the last meeting, but I just wanted to remind everybody um so they'll be um at the civil defense room. Well, first at the Cape Club, which is at 125 Fmouth
Woods Road. And again, this is for Thursday. Then at the civil defense room which is in the basement. And then the following week um on the 12th and 13th which is Wednesday and Thursday there are um prec meetings for 4 and 7 and 5
and 6. So again if you can make those meetings that would be great. Uh Melinda and I will be um doing our best to to make it to all of them to answer any questions. >> All right. Thank you. >> You're welcome. >> That's this Thursday. Right. >> All right. So, our next meeting uh
November 17th, 2025, prior to town meeting will be what? 6 o'clock. >> Yes, we'll be meeting there for 6:30. That's correct. 6:30. >> 6:30. >> 6:30 because town meeting starts at 7:00, >> right? >> And do you have a meeting room yet? >> 204.
>> Um, we're changing the meeting room. >> Oh, no. >> We're going to get a a room with tables instead of those >> little kitty chairs. >> Yeah. So, um I forget what the room number is, but we'll let you know. >> Oh, >> I'll get lost. I've been going to that same room for 113.
>> I don't remember. It's on the same floor. >> Make sure we know cuz we know where we're going to go. >> We'll lay out the cookie crumbs. Trust me. >> Once we get those chairs, >> can't hide from us. >> And then the the uh the meeting beyond that is November 25th 2 2025 right here.
>> Yep. >> 6:30. >> So, may I move adjournment? We'll second that. >> All in favor? >> I >> I can tell you something.