[Music] Heat. Heat. [Music] [Music] meeting of the family planning board to order. Today is
October 28th 28th, 2025 and it is uh 6:32 and we are meeting at family town hall. My name is John Dulie and I am the current chair of the planning board. Before we begin, I would like to remind
everyone 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'll now proceed to the first item on the agenda which is public
comment. Is there anyone here for public comment? Right. Seeing none, if anyone wishes to speak about something is not on the agenda, please come to the podium and state your name. But we don't have anyone here to do that. So, we'll start with the uh first item on our agenda
this evening. >> Minutes. Um, after public comments, we have minutes, >> Mr. Chairman. Motion to approve the October 14th, 2025 minutes as presented. >> Second. >> Thank you. Any discussion?
>> All in favor? >> I. >> I. Unanimous. Thank you. Uh, next on the agenda, we have approval not required. Applicant Matthew Terry Esquire on behalf of New Cape Cod Country Club Inc.
Boxbury Hill LLC, David Fel, and Moren Fel. Good evening, members of the board. For the record, my name is Matthew Terry from the law firm of Amed Clower here in Falmouth. Uh here before you this evening for an approval not required
plan. Uh this is a perimeter plan as is permitted under uh section 81P of chapter 40 of the Mass General laws. The uh owner, New Cape Cod Country Club, Inc. uh along with a couple of
affiliated entities and LLC and um a few condo units owned in the individual name of David and Moren Fel uh have commissioned this perimeter plan. Uh it uh does not show any new lot lines
nor any change of ownership of just simply a restatement of the existing uh property lines for the uh lots stated in the application. That's my presentation.
>> Presentation. Any questions? >> No. Uh I just have a a clarification maybe. Uh it appears that all of these lots are already been recorded. Is there is there a reason why you're doing an approval not required then if they're already recorded?
>> The preliminary plan I understand. >> Yes. So the intent is not to uh record this plan nor uh is the plan um able to be recorded given that uh most of the lots that are uh
reflected on the plan are land court lots. Um this is simply a perimeter plan done uh to preserve the existing um zoning that's in place as of the date of filing which uh was October 16th.
>> Okay. Thank you. Okay. Do we need a motion on this, J? >> I move that I move that we endorse the approval not required. >> I second it >> plan as presented to us without regard to motion.
>> I hadn't finished it. >> Excuse me. >> Without regard to zoning or buildability. >> Thank you. I got a second. >> Second. >> All in favor? >> I >> I >> I you in favor? Yeah. Yes. I Okay. Second.
>> All right. Unanimous. >> Thank you. >> All right. Next, we have uh public hearing. Cape Cod Aggress Corporation special permit application to construct a contractor's yard consisting of two proposed buildings. a 3,990
foot building intended for contractor bays and a 5,400 foot building to include a scale house, garage, and accessory office use at zero Thomas V. Landers Road. And for the applicant, >> uh, good evening, uh, Mr. Chair, members
of the board, for the record, Kevin Clower. I am back before you tonight on this matter, uh, representing Cape Cod Aggregates. Um, there's really been no changes since our last hearing. I don't think there was anything the board was looking for us at the at the prior hearing. Um, we had updated the plans,
provided some additional information that had been requested from the engineering department. Uh, provided a lighting plan, we provided the site distance plans and a response to the engineering referral. Uh, I think as we left things at the last hearing, we had
asked Jed to um, uh, draft a positive motion on both the site plan review and the special permit. But I would of course be happy to address any questions that you may have at this time. >> All right. Thank you. Any questions? All right. Uh Tom, do you mind reading
into the uh record of the >> I've got it. >> I'm sorry. >> No, I mean it's not really a question about this, but it's a question. Should we do the site plan first or the special permit first? >> So, the next item on the agenda is the hearing for the special permit. So I
would suggest that you look to close that hearing, take public comment first, obviously close the hearing and then I would take that under this advisement and rule on the special permit first. >> Okay, that's what I I didn't know if there was any reasoning. Okay, so we have to close the hearing
first before we So I move that we close the hearing. >> Second. Any second? I >> second. All in favor? Hi. >> Hi. >> Hi. >> Now, >> just for the record and so everyone's
aware, um because this is a special permit, you have a seven member board, you will need five members um voting unanimously in order for the special permit to pass. And so I just wanted to make that uh clear for the record. >> All right. Do you want us to uh vote the
site plan review first? No, >> you can go ahead with the special permit. Just wanted to make a note of that. >> All right. Thank you. All set. >> Yeah. Go ahead, Paul. You have a question. >> Okay. >> I have two draft motions here that are different. >> Correct. >> Which one are we took?
>> The first one. >> Tom, just make sure you have the right one. The special permit >> reading. I do. It's the one that was on top, right? >> 6.5. It's the one that only has Nope. It'll
do this one. Do that one. Yep. Is that okay? Motion that the planning board vote to approve the application of Cape Cod Aggregates Corp. for a special permit under sections 240-6.1B
of the zoning bylaw to allow for the construction of a contractor's yard with accessory office space at 0 Thomas Landers Road. Map number 1601 01600 0 and 1 16 01 016B
0000 with the following findings and conditions findings. The applicant is proposing to construct a contractor's yard with accessory office space, which is allowed by special permit under
section 240-6.1B. As part of the contractor's yard, there are two proposed buildings. A 3,990 square foot structure containing three garage bays and a 5400 square ft
building including 3,920 square ft of office space and 1,480 square ft for a contractor scale house and garage. A proposed access driveway of the west side of the property will lead to a 22
space parking lot located behind the proposed office building. Additionally, a gravel area is planned on the east side of the parking lot wrapping around two sides of the garage bays. Parking requirements apply only to the 5400
square foot main building which includes office space, a garage, and a scale house. Based on the standard of one space per 250 square ft, a total of 22 parking spaces are required and have
been shown on the plans. Findings specific to section 240-6.1B of the zoning bylaw. The planning board finds that number one, the 7.37 acre property is greater than the minimum 3
acres required in an AGA zoning district. Page two. And number two, the front yard setback is 51 ft, which is greater than the minimum 50 foot distance required in an
AGA zoning district. Number three, a small portion of the property lies within the water resource protection overlay district. However, the proposed construction is located outside of this area.
Number four, the lot is not located within 300 ft of a single residence district or within 300 ft of an existing dwelling. Number five, the activities including traffic between the subject properties at Thomas B. Landers Road
will not have an adverse impact on the neighborhood and the construction width and grades of adjacent streets are sufficient for travel for sufficient for safe travel to the site by the vehicles to be stored. Number six, the type and
number of vehicles and materials proposed to be stored on the site are appropriate. Number seven, the hours of operation for the contractor's yard will be 7:00 a.m. to 5:00 p.m. Monday through
Friday, occasionally on Saturdays. Number eight, there is not any fabrication proposed on site. And number nine, the office space is accessory to the contractor's yard.
findings specific to section 240-12.1 of the zoning bylaw. The planning board finds the application to be in harmony with the general purpose and intent of this chapter. The board considers the site adequate and suitable in terms of
size for the proposed use. The impact on traffic flow and safety and neighborhood visual character will be mitigated as per the findings and conditions we're herein. the method of sewage disposal, source of water and drainage, utilities
and other public services to be adequate as per the application and plans and that the application will not have an effect on the supply of affordable housing in town conditions. The plan shall be constructed as
approved. Any changes shall be reviewed by the planning board to determine if any modification of this decision is necessary. Page three, the list. And number two on page three, the list of equipment, vehicles, and materials storage to be
allowed on site shall be as represented on the inventory list entitled CCA truck and trailer list that was submitted with the special permit application and attached here to
number four. Pursuant to section 240-12.1L of the zoning bylaw, this special permit shall lapse three years from the date it is granted if a substantial use thereof has not sooner commenced except for good
cause shown or in the case of a permit for construction if the construction has not begun by that date except for good cause shown. >> Second. There any any discussion? All in favor? >> I
>> I unanimous. Thank you. Uh next we'll have the public meeting for the um Cape Cod Aggregate Corporation site plan review application to construct contractor's yard
consisting of two proposed buildings and associated parking. A 3,990 ft building intended for contractor bays and a 5,400T building to include a scale house garage and accessory office
use at zero Thomas B. Andrew Road. >> Okay. Site plan review. Motion that the planning board votes to approve the application of Cape Cod Aggregates Corp. for a contractor's yard with accessory office space at 0 Thomas B. Landers
Road. Map number 1601, 016 0 and 1601, 016B0000 under section 240-12.2 of the zoning bylaw with the following
findings and conditions. Findings. The applicant is proposing to construct a contractor's yard with accessory office space, which is allowed by special permit under section 240-6.1B. As part of the contractor's yard, there
are two proposed buildings. A 3,990 ft structure containing three garage bays and a 5,400 square ft building including 3,920 ft of the office space and 1,480
square ft for a contractor scale house and garage. A proposed access driveway on the west side of the property will lead to a 22 space parking lot located behind the proposed building. Additionally,
a gravel area is planned on the east side of the parking lot wrapping around two sides of the garage bays. Parking requirements page two apply only to the 5400 square foot main building which includes office space, a
garage, and a scale house based on the standard of one space per 250 square ft. A total of 22 parking spaces are required and have been shown on the plans. A landscape plan and a lighting plan was submitted in accordance with
section 240-14.3B and section 240-13.1B 2 and the board finds that they generally comply the standards within those sections. The town of Felmouth departments have reviewed and commented on the
abovementioned application and the planning board finds that the applicant has adequately addressed the comments. The planning board's review does not include building code and zoning review and the board defers that to the
building commissioner. The board finds that the information provided by the applicant conforms to all the requirements of section 240-12.2 of the zoning bylaw. Conditions number
one, the plan shall be constructed as approved. Any changes shall be reviewed by the planning board to determine if a modification of this decision is necessary. Page three. Number two, the applicant
shall obtain a storm water management permit with the Felmouth Engineering Division. Number three, any connections or alterations to public utilities would require permission from the appropriate town department. Number four, construction of this
project shall follow the town's soil erosion and sediment control standard conditions document which can be found on the engineering division's page of the town's website. Number five, any fences erected on the
property will need to allow for adequate passage of small mammals and amphibians underneath. Any grading or retaining walls on the property shall not be greater than a one to three incline to
allow for the passage of amphibians and small mammals. Block retaining walls alone cannot achieve this adequate passage. Number six, the project shall meet all applicable standards set forth in the building code
as determined by the building commissioner. Number seven, the applicant shall see the engineering division for address assignment for the new building prior to applying for a building permit. Upon completion of construction, the
applicant shall post the address for this building per section 99-1 of the town code. Number eight, the applicant shall obtain an approved driveway permit and post any required
bond with the engineering division before the start of construction. The applicant shall complete the work approved by the engineering division in the driveway permit. Number nine, pursuant to section 240-12.2
two of the zoning bylaw. This site plan review decision shall lapse three years from the the date it is granted if substantial use thereof has not sooner commenced except for good cause. The
determination of good cause shall be made by the planning board. >> Second. >> Thank you. Any discussion, questions? >> I just don't hope we don't have any large confivians to try to get under this fence. Yeah, if they
>> if we do, we have bigger problems. >> Yes, we do. I'm >> in favor of >> the great croc of Hatchville. >> Thank you. Um, got a second. All in favor? >> I >> I unanimous. Thank you. >> Thank you very much for your time on this and for making this a very smooth
process. We appreciate it greatly. I I only had uh after after we finish here, but I've had a couple people ask me why they didn't possibly added an apartment uh for maybe an employee or something at the site.
>> Not that you have to answer. >> I I don't have a great answer for that, John. Um, I think it was I think the idea being that this was primarily a contractor's yard and um, you know, there's going to be a lot of coming and going here and obviously for an employee that may might make some sense and it's
not to say they might not come back and revisit this and seek to modify this at some point in the future. >> Thank you. >> No, I just thought it was in the industrial park and I realized it is. >> Okay. Uh, next we have uh applicant TGR
Realy LLC site plan review application to approve a detached accessory dwelling unit at 33 John Parker Road myself on this. >> Okay. >> Uh, so Mr. chair. Um just for the
record, um at the last hearing or at the last meeting, um there were a butters um or there was a butter who who uh came to the podium and uh presented uh a letter to you. In included in your packet is
that letter. In addition to that letter is a follow-up letter that we received from that same butter. And included with that uh in blue text, blue bold text is the response that we put together as
staff to the items that are um outlined in the letter. I'm going to pass this over to Melinda to sort of articulate what was included in the letter and then what the responses. >> All right. Thank you. So, I'm just going to summarize it um because it's pretty lengthy, but um the
first concern was the setback that's um currently um encro well not encroaching but the setback's too close to the property line um and uh >> of the existing structure or the ADU >> of the existing ADU structure. Yes. Okay. Thank you. It's too close to the
property line. It's less than 10 ft. Um and then our response to that is according to um 760 CMR um a municipality may not prohibit the development of a protected use ADU in an existing structure or principal dwelling
or a lot due to non-conformities um that could be used for or conformed into a protect converted into a protected use ADU in conformance with the building code. So if it's already there, then it gets to stay there is really what that >> and both structures are already there.
>> Yes. And they're not they're not doing anything to it. The next concern was about architectural um design. Um and the response to that is that we can't set forth any design standards that you wouldn't typically set forth for a
single family house. So um we can't have any design standards set for this. Um the the next concern was occupancy violations and uh unit limits. Um there is no because of the um the affordable
what was it called? >> The affordable >> homes act. >> The affordable homes act. Thanks. Um we no longer have uh owner occupancy uh needed or required in an ADU or in the primary dwelling. So that has been taken
out of our uh bylaw and um to conform with the state. Um the other one was uh the conversion of the ADU. Um and then the fact that the the the
primary dwelling had has two units in it. Um that's a separate issue. Um and that's not going to be addressed. All that's for us here in this one um application is just for the protected use ADU and um so the other primary
dwelling the two units in it if there are two units if it's one unit doesn't matter how many units are in the primary dwelling for the the um square footage calculation. So we use the whole structure for the calculation of the
primary dwelling. Um and then there have been past zoning um investigations on the property and I we have um told them that uh they should talk to the building department about um any enforcement or
any past u history with those u violations. >> They being the neighbors. >> Yes. Thank you. The butter. Yeah. Thank you. Um and that is that's pretty much sums it up. Did you want to add anything to that? No, I think you've summarized it really well. I the the only um item as
you know and we've talked about this at length with protected use ADUs is that um you know your your hands are somewhat tied. Uh the state law has allowed protected use ADUs um by right and it it really you are very limited in what you
can uh enforce on that first ADU. Um, and so that's really the gist of uh the response letter is that state law has pretty much told us that we can't do much here. >> But then because we've been told and
evidence suggests that there are two apartments in the main building. >> Yeah. >> Do the residents have to complain before anything might commence about that? >> Yes. I mean technically yes. >> Technically yes. But he has um indicated that in the future he's going to come
back for a second ADU in that main dwelling and then it will be up to the board's discretion whether or not to approve that. And if you if it's not approved then it's up to the building department. >> Is that the second floor? >> Either either this >> doesn't have two means of egress.
>> They would have to comply to building codes. >> Um but and if that is not approved then it would be an enforcement order. So >> yeah, I just always trying to pull something, you know, really it wrankles me when somebody
pulls something like this. But I know I understand how we can't do anything about it. >> The very first one, >> the very first one, >> the very first ADA, >> the second one will be a special permit, >> the converted shed. >> Right. Well, so again, my understanding
with this application and it was part of the letter um that there was an indication that the shed perhaps was being converted to the ADU. My understanding is it's considered to be a cottage that's converted to the ADU. We might be talking about the very same structure.
>> Yeah. >> But it's an accessory structure on the lot which is being converted. That protected use ADU is sort of beyond your control. Uh but the special permit application for the second ADU on the property, that's when you have um a lot more control over what it looks like,
>> which is not in front of us right now. Correct. >> Correct. >> So, uh we're still in a public hearing. Should I take testimony >> if there's Yeah, if there's member from the public. Yes. >> Okay. Thank you. Yes, sir. Mr.
>> Uh thanks. As you know, I represent the applicant uh TGR Realy LLC. Um at the last hearing, um information both about the applicants and about the property was provided to the board by neighbors
which mischaracterized both the applicant and um the property for this by right use. And I was very concerned about those misrepresentations. And I submitted to the board earlier
today an affidavit signed under the pains and penalties of perjury uh by Mr. uh Rackley, Tom Rackley, the manager of the LLC. And I'd like to read that affidavit uh to the to the board. Says,
I Thomas G. Rackley, now of Punta Gorda, Florida, certify under the pains and penalties of perjury as follows. My wife Jeannie Rackley and I were full-time residents of Felmouth, Massachusetts for close to 50 years.
I moved to Felmouth in 1970. Jeannie and I purchased a house on Avalon Drive um until we established our in I moved to Felmouth in 1970 and Jeanie and I purchased a house on Avalon Drive
in 1972 and we lived in Felmouth until we established our residence in Florida several years ago. We raised our children in Felmouth and were gainfully employed. I've been a building contractor working on many buildings in Felmouth and Jeanie worked for Felmouth
National Bank and then for some 40 years as a lab manager at Felmouth Hospital. We spent a portion of the summer in Felmouth still staying at my daughter's home in Felmouth. Now I give you that information because it was represented that this property was owned by an
outofstate investor interested only in in profit. In 1977, we bought 33 John Parker Road. 1977. Initially taking title in Jeanie's name alone. For liability and estate planning
purposes, title to the property is now held by TGR Realy LLC, a Massachusetts LLC which I manage. At the time of purchase in 1977 and continuously since then, the principal
dwelling at 33 John Parker Road was and has been a duplex with separate apartments on the first and second floors. And there was a separate dup dwelling unit in the cottage behind the principal dwelling. The condition of the
structures was such that all three apartments had clearly existed for many years. Town of Felmouth assessors records state that the structures were built about 1870. Over the years, one or more of the apartments was often occupied by members
of my family, including my parents and my sister, who still occupies one of the apartments. For the first two years of our ownership, that was in 1977, Jeanie and I lived in the rear cottage. One of the apartments is presently
rented as affordable housing through the Felmouth Housing Authority, which requires inspections to asssure compliance with health and building codes. I am in the process of arranging to rent another apartment through the housing authority. Improvements to the
property are ongoing. A permit has been obtained to install a new Title 5C system and Mr. Rackley executed this under seal earlier today. The whole purpose of this application is to allow improvements to the property.
Presently, Mr. Rackley intends to improve the property, have these apartments recognized as legal, uh, with the restrictions of ADUs, which is which is a good thing. No commercial rentals, uh, no short-term
rentals. Um and he's already begun those um those improvements. Um the representations that were made at the last hearing included that this particular structure, the rear cottage,
uh had been converted of some recent years from a garage. That's simply not true. The accessessor's records which I submitted to the board earlier today, the old records show that it was when those records were done in the 1960s, it
was a residence as of course was the uh principal dwelling. And those records from the assessor department show that it was renovated as such in 1952. I just wanted to make have the record be straight. None of this really much matters should
matter for a 19 uh for an ADU that's that's a by right but we aren't trying to pull anything over on we're trying to legalize things. It may well be that the aid because of the age of these units these units are protected already.
Um, but that's hard to prove. And it seemed like the easiest thing to do was to come to the town under the new ADU regulations to legalize the units. First, we thought we would only
do the one in the rear. We are going to submit a special permit under the present bylaw to legalize both as ADUs. And again, I think that's a good thing. Um, and it's consistent with the use of the property for uh decades and decades
and decades. Um, and we'll probably submit that application in the next week. It's pretty much ready. Um, and we hope the board will approve uh the all three units on the property
because as I'll explain more when we have a special permit hearing um it's a good use for the property, it's a good use for the town and the result will be improvement to the property um which been some reluctance
to do because of the issues about the legality of the um the apartments. So, um I didn't have an opportunity to usually I uh the staff is terrific in in sending uh applicants attorney a copy of
correspondence that receive I haven't looked at the affidavit or rather the letters from um Butters but if they say what Melinda has indicated uh which I'm sure they do I think it sounds like uh the staff has properly answered the uh
the responses under the new regulations. Thanks. >> Thank you. Anyone else? And your name for the record, please. >> I'm going to say when I plug in here. to do anything special to get this to display.
>> Yeah. >> Okay. It should pop up. >> I appreciate it. Thank you. >> All right. My name Good evening. My name is Don Waga Hop. I live at uh next door to 33 John Parker Road and I've lived there for just short of 34 years. And the entire time I have lived there, the
subject property has in fact been a multif family. The LLC that has owned the property since 2003 was previously owned by the parents of the LLC current owner. Again, that property has been exclusively used as a multif family,
including since 2003. The LLC owners have never lived at that property in 34 years. 33 John Parker Road is in a constant state of disrepair. >> You have to There's a tray below you.
>> Oh, yeah. There you go. >> Thank you. Thank you. Um, can you tell I don't do this for a living? >> I think we're going to put a sign up there since >> I appreciate it. Thank you. >> Everyone does it. >> Um, all right.
in 2019. This is the current condition of the property. This is what I look out from my bedroom. The washer and dryer have been on that deck for over a year. In 2019, I due to the conditions, I
contacted the health department. When nothing was done, I sent a letter to the select board. In the spring of 2019, selectman Doug Brown came to my property to view the deplorable conditions, but it indicated he could not do anything about them, and
it was up to the health department. These are all pictures that were sent to the select board showing the conditions of the property. It took over three years for all of this debris to be removed. Shortly thereafter in 2023, the property
was listed for sale. Allowing an additional rental to an absentee landlord that does not care for the property is, in my view, irresponsible. The claim that he will have more money to improve the property is just plain incorrect. Absolutely no improvements have been made to the subject property
in the entire time that's 2003 that he's owned it despite renting both units out at 33 Jump Parker Road. Thank you. >> Thank you. Any questions? >> Yeah, I have a question. >> Go ahead, Paul. >> Mr. comment. You had mentioned
you had mentioned one of the main reasons for the accessory dwelling unit was to allow improvements to the property. Wouldn't the improvements be appropriate whether you have an
accessory apartment or not? Questions about the legality of the apartments have discouraged investment. I note that the pictures that were just shown you are several years old >> except for the first grade. >> The most of the conditions that are
shown have been addressed and the intention is to uh continue fixing up the property. There have been improvements being made um in the last month at the property. Um your decision is to allow an ADU. It's
not to enforce any of the health codes um or to clean up the property. Um and this is a by use. Um but the whole intent here is to improve this property. Um and
the conditions which were just uh shown, I can't justify those. I'm not trying to. What I'm trying to do is make it possible for the property to be sold to somebody who will take good care of it or to encourage the present owner to to
to do that by uh having legal um legally recognized apartments. As I've said previously, given the age of these departments and the proof we have of their of their existence for all these years, they may well be protected. But this is the best way to do it and to
come to the town and um get the approvals that uh we're seeking. When I say approval, it's site plan review approval. It's a by right use. Thanks. >> Any other questions, comments? >> Well, I was just going to say I have not
seen these photos before. That's not an issue for the planning board. It's an issue for town of Felman. It's true that it's not an these old pictures are not an issue for the planning board. >> Is the uh is the subject property the
ADU proposed ADU is it habitable at this time or is it to need to be worked on? >> It is habited habitable and it is inhabited. >> Okay. And as I've said, uh, the one of the apartments is rented through
the housing authority, which which is required, as I'm sure you know, to do annual inspections. Uh, Mr. Rackley believes that the that the units meet all the legal requirements. Um, and a
condition of your of u of the motion that the staff has prepared for you is that there be an inspection by the health department. >> Okay. Any any other comments? >> Nothing further.
>> All right. >> Thank you. So, >> we have a proposed motion here. This is for the accessory dwelling unit only. Oh, okay. One more comment. Mr. Chairman, >> sorry. Uh, Aaron Perry on behalf of Karen Murphy. I guess the only question
that I have, I understand the state's ruling and how it has basically taken really everything that the bylaws have. Understood. Those are the laws. That's what it is. question I guess I have to the board is with
this becoming legal and I understand that a special permit will be done for the second apartment in the main structure not the detached ADU which this is what this is about is that
we're where essentially this has been used as three units multif family for many years. How does that weigh on the decision to now allow this while still allowing the other unit to be occupied,
to be rented, and still used until that special permit is either accepted or denied? >> Well, that's not what's in front of our board, so we can't make that determination. >> Okay. >> Uh that could be determined maybe by the building commissioner. he's a zoning
officer if there's a a concern, but we we only have this one structure in front of us this evening. That's all that we can rule on. >> Okay. >> And what the applicant is suggested they're going to come back in front of this board to try to do what's necessary
to legalize uh the other structure that's been there for some time. That's that's all I can tell you. But it's not in front of us, so we can't we don't have any uh impact on that right now. Okay, thank you. >> But we will.
Thank you. Any other comments? We have a a positive motion here. Tom, you read that into the record, please. Well, motion that the planning board votes to approve the application of TGR Realy LLC to
formalize an existing detached one-bedroom accessory dwelling unit located at 33 John Parker Road under section 240-12.2 site plan review of the zoning bylaws
with the following findings and conditions. findings. The applicant is seeking to formalize an existing detached accessory dwelling unit, ADU, located at 33 John Parker Road. The ADU is 699 square ft in size
and contains one bedroom. The principal dwelling of the property is 2,139 square ft and contains three bedrooms resulting in a total of four bedrooms on the property with the inclusion of the
ADU. The ADU represents approximately 32.7% of the gross floor area of the principal dwelling. The site includes a paved driveway with parking area designated for the ADU. Therefore, complying with section
240-9.1C and section 240-14.1E of the zoning bylaw, respectively. The health department has indicated that the septic system was designed to accommodate six bedrooms. The detached accessory dwelling unit
needs to have an independent water service from the water main to the dwelling. Page two. One letter of opposition was received and numerous comments were made during the board's public meeting. However, the board finds that the applicant has
adequately addressed the issues raised. The board finds that the information provided by the applicant conforms to all the requirements of sections 240-9.1 and 240-12.2 of the zoning bylaw. conditions. Number one, the plan shall
be constructed as approved. Any changes shall be reviewed by the planning board to determine if a modification of this design is necessary. Number two, construction activities shall not cause erosion to or sedimentation into the
abuing properties and the town right of way. Number three, any connections or alterations to public utilities would require permission from the appropriate town department. Number four, the applicant shall contact
the engineering division for address assignment for the new unit prior to applying for a building permit. Upon completion of construction, the applicant shall post the address for this building per section 99-1
of the town code. Number five, the project shall meet all applicable standards set forth in the building code as determined by the building commissioner. Number six, weekly/monthly rentals, so-called in parentheses,
summer rentals, are expressly prohibited. Number seven, pursuant to section 240-12.2 of the zoning bylaw, this site plan review decision shall lapse three years from the date it is granted if,
going to page three here, substantial use thereof has not sooner commenced except for good cause. The determination of good cause shall be made by the planning board. Number eight, the applicant shall contact the access assessor's office for inspection of the
ADU prior to certificate of occupancy. Lastly, number nine, the applicant shall obtain the required rental registration from the health department prior to renting the ADU. >> Second. >> Any other comments, questions?
All in favor? >> I um >> you're opposed. >> Yeah. >> And I'm in support. So three >> three to one. >> Three to one. >> Yep. >> Thank you.
>> But is this one where we need four? A majority of the board. It's not just the majority of who's here. >> No. Well, you can't. >> That's a good question. >> Yeah. Um I think well because Jim abstained and
Charlotte and Bob are absent the majority of the board would be four. So um yeah I would think that you would need you would need a a well no I don't think
you do because this is >> right it's it's it's housing related um and it's a buy right use. So, I don't think that you need a a majority vote. I think a 3 to1 can carry. Um, we're happy to consult with town
council to make sure, but I believe that 3 to one carries, >> please. >> Yeah, we'll do that just to make sure. >> All right. Thank you. >> Yep. >> All right. Thank you very much. Uh, next on our
agenda is planning department report. I think this is >> good evening. >> So, thank you, Mr. Chairman. I just want to remind everybody that um well I can't imagine that anyone's forgotten but town
meeting is coming up um in anticipation of town meeting uh the precinct meeting schedule has been posted on the town's website and so I just wanted to call it up for your attention. Um as you know you've got five articles um in the
warrant for consideration. So um this is the meeting schedule as as you can see it. Precinct 1 and two will be uh on Thursday, November 6th. Precinct 3 will be on November 5th. 4 and 7 will be on November 12th. Five and six on the 13th.
And 8 and 9 the same night as um 1 and two on the 6th of November. It's just um a little earlier that evening. So we've got about an hour in between the two. Uh, so I just wanted to remind the the board uh Melinda and I will be attending each one of the precinct meetings uh to
answer any questions about the zoning articles, but if uh each one of you have an opportunity to attend these, we would very much like your support there as well. >> Could you go through them again a little slower because I I can't read that. >> Oh, sure. How about I zoom in? Was that
Would that be better? >> Well, that's much better. >> Okay. Sorry. Let me just get you centered here. Does that work? Yeah. [Music] So, November 6th. >> November 6th.
November Well, start in order. November 5th, then you've got November 6th. >> Where Where's Okay, I know six comes after five, but what happens on the 5th? I can't I can't read that. >> Precinct 3. >> Thank you. >> Sorry.
>> Where where and when? >> Okay. Uh that's Gus Cany. Um, and that is 7:00 p.m. >> Thank you. >> Sure. >> And November 6th. >> Yes. >> We've got precinct 1 and 2.
>> That's at the civil defense room downstairs at town hall. That's at 700 p.m. >> Thank you. >> And an hour before that is precinct 8 and 9. And that's at the Cape Club in B. Same
same day. >> Yes, same day. Just an hour before. >> It' be difficult to be in both places. So that's at 6:00. >> Yes. >> The nice thing about the um the warrant is that the zoning articles are at the end of the warrant. So as we finish up
one meeting, we've got plenty of time to get to the next meeting >> because they won't get to it >> for a bit. Thank you. >> Then you've got the following week is November 12th
and that is precinct 4 and 7. That's at the East Felmouth Elementary School at 6:30. And then the following day on the 13th of November is precinct 5 and six.
That's at the West Falmouth Library and that's at 7 PM. >> Thank you. >> So, at your next meeting on November 4th, we will provide you another schedule. I just wanted to, you know, bring it to your attention today. We'll provide you a written schedule.
>> Appreciate it. >> Yep. >> John. >> Yes. >> I understand the warrant booklets will be mailed this week. Is that true? >> That's my understanding. Yes. >> Yep. And if you're looking to get a
>> I tried reading in in the enterprise and it was very difficult to read. >> So you can go to the residents page on the town website. Go to town meeting information. The warrant book is posted right here. First link.
So if you wanted to, you could print it out yourself. I mean, you're going to get a mailed copy anyway, but here is the the warrant itself. So it's already posted for everybody. Paul, do you want me to send you a link? >> Sorry. >> Do you want me to send you a link to that?
>> Uh, no. I I saw it on the line. >> Okay. >> I'd like to get the booklet. I can mark it up and refer to it when I go to the precinct meeting and >> Yeah. >> down meeting. So, I like to use the book itself. >> Yeah. So, just as a reminder, the zoning articles are at the at the bottom, the
last five articles. Uh other than that, we're just prepping for town meeting. Um so we're putting together John's presentation. Um and we'll have that ready for him uh for the evening. >> Will he be ready for it? >> Yes, that's the question.
>> Yes, he will. We've got plenty of practice time. >> Excellent. >> Between now and then. So, we're just putting together that presentation getting ready for um everything that we need to, you know, be prepared for that. As a reminder, you all probably don't know the needed the reminder, but we
will be meeting before town meeting um in our normal room. Uh so there's nothing on the agenda thus far other than just discussing the warrant articles. But that's pretty much the planning department report. >> Okay. Thank you. >> Today have a question. >> Sure. Uh
>> of any hot topics? >> Uh none that >> one. >> Go ahead. I don't know what they are. >> Oh, well, I mean, nothing that comes to the surface in terms of things that I haven't already talked about. So, that
we're still working on a lot of the projects that we've um that I've already um you know, sort of went over with you in the past. Uh one of those is the Shiver Pond um project. So, we're we finalized the sign. We're now just looking to have it printed by a sign
company and then we're going to work with DPW to get it installed at the loc at the site itself. Um I need to meet on site with um likely Mark Casperic and Jeremiah Pearson to figure out exactly where the best spot for the sign would
be. Um so we've got that going on. Um we continue to work really hard. I my a lot of my time's been spent on the town uh RFP. So that town owned land disposition that we had at town meeting. I think it was last year. Uh with those RFPs are
just about ready to go out the door. So we're just buttoning them up, putting the belt and suspenders on and out they go. So uh that's been a lot of my focus lately. And then of course we're you know going forward with a lot of other
uh CPC uh applications that that we have in the mix. So one of them is the Edward Marks building. So, we met with the architect today to try to nail down the final design of that project. So, we're moving that ahead and Melinda and I are working on an RFP for the uh community play space. So, there's a lot going on.
A >> lot going on. >> Is Edward Edward Mark's building inside or outside? >> Exterior. All of its exterior. So, it'll be new siding, new corner boards, all new trim for the windows. Um, they're going to replace a lot of the front
portico uh structure, do a little bit of repair work to the foundation, um, replace both bulkheads, put up a little fence that hides the HVAC units on the side of the building. A lot of really nice, um, envelope exterior work. So,
>> any landscaping? >> Landscaping will come in the next phase. Um, because the next phase they're going to be looking to do a little fence. Um, there's going to be a walkway to the front door, all sorts of different things. But yeah, >> more to come. >> All right. Any other questions? Yes,
Paul. >> Is the sighting of the fire station, the new police station on the agenda for the town meeting? >> Um, the sighting of it isn't, but the there is a warrant article uh asking for design funds. Um the intent is my
understanding is the intent is to have a location to insert into that discussion um so that when um you know the select board is asking for the town meeting members to vote positively on design funds they have an actual location. So,
as you may know, there's a meeting going on right now, um, this evening at the Lawrence School, uh, totally related to identifying what that specific site's going to be so that they can put it into the discussion item for that warrant article. So, as soon as we leave here,
we're going to go right over to the Lawrence School. >> All of us. >> Good. >> Great. >> Refreshments, >> maybe. Tom >> Jed on the solar farm. Will that project will the planning board have an opportunity to vote on that again? >> Yes. So in your future agenda items,
you've got um you've got a special permit inside plan review for a proposed Wendy's restaurant. That will be on your um November >> fourth >> meeting. And then your November 25th meeting, you will have the Cape Cod
Country Club solar project coming through site plan review. >> Thank you. Those are some of your big items. >> Thank you. >> You're welcome. >> Any other questions, Jim? >> Nope. >> Okay. >> You know, it's interesting on the uh police station sighting. I know the
group looked at many many sites and and came up with that site as a recommended site. And one of the issue is the wastewater treatment, which I believe can be handled. But the fire the school is on the sewers. The fire station be on sewers. Right in the middle is the why. That's
going to be on septic. >> Correct. Yep. >> Is there a reason for that? >> Uh well, the main reason is because it's outside the sewer service district. So, it's not the the high school, as I understand it, is a sewer service area.
And so, therefore, um anything Well, I should say this, we'll back up a little bit. In 2021, um, and I know this is a little bit outside the agenda, so I'll make it brief, but in 2021, the the select board at the time, um, adopted a policy that
no other properties can come into the sewer area unless they're within the sewer service district. And so essentially, everyone outside of that area cannot hook up to the sewer. Um, Jim, you mentioned the flow neutral
bylaw. That's for the existing sewer service area. So, if there's redevelopment within our downtown where we have the existing sewer, it comes before the select board for a waiver of the flow neutral um bylaw. But essentially what happened was the YMCA
is just outside the sewer service area and so therefore they weren't eligible to hook up to the sewer. Um it's been a long-standing issue, but it's related to the capacity of our discharge. uh we only have so much ability to discharge
um wastewater and so therefore the select board back in 21 adopted this policy that anyone who's outside that area doesn't get to connect. That's why the Y is outside is not connected to the store. >> All right. Thank you. >> My understanding. >> Any other questions?
>> That's not a good reason. >> Okay. and then putting the fire station I mean the police station right >> any committee reports >> I don't have any >> at the c this past CPC meeting we uh we
conducted project interviews for the April 2026 town meeting uh and all those projects will be going forward thank you um I don't have any committee report myself so any announcements
Nope. >> None that I can think of. >> We just had some. >> Well, that's true. >> Police station. >> Yeah. I believe that meeting started at 6, so it might be over by now, but >> it's supposed to be over at 7:30. >> Okay. Yeah.
>> And general correspondence. >> None received. >> None received from October 15th, October 28th. >> Correct. So our next meeting will be November 4th and then the meeting after that would be November 25th. >> Technically not correct. So you've got a
November 4th meeting but then you've also got town meeting. So it' be November 4, November 17, and November 25th. >> Okay, we stand corrected. >> Three meetings in November. >> I'm sorry. >> Three meetings in November. Yeah. The
17th of November is town meeting. So you meet beforehand >> if necessary. >> Yes. >> And I move adjournment. >> Second. All >> in favor? >> I [Music]