[Music] Heat. Heat. [Music] [Music] September 23rd, 2025.
It is 6:30 and we are meeting at Felma Town Hall. My name is John Dulie. I am the current chair of the Felmouth 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, and tell us what you'd like to tell us. So, no takers. We'll proceed to the uh first item on the agenda and that would
be minutes. Tom, Mr. Chairman, motion to approve the September 9th, 2025 planning board minutes as presented. Thank you. Second. All in favor? I I unanimous. Thank you.
So, the first uh item on our agenda other than minutes is approval not required. applicant is Collie Sites Services LLC Linda. Yep. So, the plan is in your packets and
it's right up here. It's two combined two lots into one. Conveyance. What? Conveyance. Oh, it's a conveyance. Sorry, take it back. It's conveying a portion of property from one property to to the
other to the one abuting it. It meets all the requirements of an ANR. So I recommend endorsement. Any questions? I got a motion. I move that the planning board endorse this ANA plan as presented to us without
regard to buildability or zoning compliance. Second. All in favor? I. I. Unanimous. Thank you. Uh, second item on the agenda is
plan of land to create two lots from one lot at 125 Bonnie Lane. Uh, it's Bonnie Lane now. Wait a minute. Okay. What happened to T? Oh, I'm sorry. I skipped over. Okay, let's do let's do Mr. Doyle first. Sorry
about that. Applicant is John Doyle Third. plan of land to combine two lots into one at 110 T ticket path. Um, so this plan meets all the requirements of an ANR. So I recommend endorsement.
Thank you. Got a motion. I move that the planning board endorse the ANR plan as presented to us without regard to buildability or zoning compliance. Second. Second. Yeah. Thank you. All in favor? I
I unanimous. Now we'll go to uh the third hearing. Capron Islands Engineering Plan of Land to create two lots from one lot at 125 Honey Lane. And again, this plan meets all the
requirements of an ANR. So I recommend endorsement. Thank you. Again, motion. Can I get a motion for approval? I move that the planning board endorse the ANR plan as presented to us without regard to buildability or zoning compliance.
Second. Thank you. All in favor? No. Question. Sure. Sorry. Sorry. Paul Melinda, you got a question? Which two lots are being combined here? They're not clear. They're being split.
There's four lots here shown. It's being split. One with a really dark line. Do you have the stick being split? Which one? She'll show you. Splitting splitting one lot into two.
So Paul, it's this one lot right here being split into two. So this is one lot now and this is another lot. It will be after we approve it. Correct. Thank you. Yep. Okay. Wasn't clear.
Any other questions? We had a motion. We had a second. All in favor? I I unanimous. Thank you. Uh, next on our agenda is
site plan review application to construct a 3,696qt 4 bay storage building and associated gravel parking at 494 Thomas B. Landers Road Tom
September 23rd 2025 from Jed Cornac AICP Community Development Director 59 Town Hall Square Felmouth Mass 02540 regarding 494 Thomas B. Landers Road
site plan review application. Dear Mr. Corner, please accept this letter as a formal request to continue this matter from the planning board's September 23rd, 2025 meeting to their October 14th, 2025 meeting. Please do
not hesitate to contact me with any questions. Sincerely, Seth Adams. Just need to make a motion and accept the continuence request. I move that we accept Seth Thomas' request to continue this hearing to the October 14th meeting.
Thank you. Second, please. Second. Second. All right. Thank you. Any questions? All in favor? I I unanimous. Thank you again. So, next we on our agenda is U. Philip Weslink site plan review application to
construct a 30 foot x 60 foot addition to an existing 2500 ft research and development building at 19 research road. [Applause] Read the notice please. Um yes, this was uh the publish date um
for this was September 5th, 2025 and 12 of Butters. Um this was sent by regular mail. Thank you. And for the applicant, good evening. For the record, Rauli from Cape Engineering. I'm an interviewer at
Is that me? Yes. Um like I was saying um Rowley Serge from Cape Engineering and the applicant is in the audience um um for this project. Um so this project is an addition to an existing development. Um
the last time the planning board saw development on this um property is for the existing two long buildings at the site. Um that was an extensive um planning review and approval. Um what the applicant is looking to do at this
um point is to do an addition to the back of the smaller building. Um the addition is for a warehouse and storage facility. Um the site will include some grading to provide a level area for the proposed building. Um there is drainage
proposed for for the addition and calculations for the drainage were presented. Um the entire facility already has um the parking that's required for the uses on the site. Um the entire site is also um landscaped. Um the back portion of the property um
will the bank will be restored after the grading is done and the slope is stabilized with erosion control blankets. Um and there's a little portion of um pavement that's being increased or parking that's being increased um for two spaces on the
northern side. Um if there's any questions um we'll try to answer. So you have adequate parking for the addition. I'm sorry. have adequate parking for the addition. Yes. So, the addition is is warehouse. Um it's not really producing additional
use. Um the existing businesses on the property don't even occupy all the available parking spaces. Um so there's no proposed additional parking spaces shown. Right. Thank you. Questions. Paul, could you go over the the storm water
runoff and the leeching pits, please? So, right. um most of the site on the upper um area, existing parking, existing buildings, um already controlled runoff from the application from I believe it was eight years ago. Um what we're proposing on the south
side is um drywall, a large drywall for the roof runoff, which is the majority of the of the project. And then we have a second um drainage system consisting of a solid catch basins with a leeching pit um for that lower pave driveway area
that that exists on the property that's going to be modified slightly for this project. Um so the intention for that is a catch basin with a leeching pit and the intention for the roof runoff is a drywall. Thank you.
Any other questions or comments? So, can we do a motion for approval for the future? Uh, have other questions? You certainly can. So, uh, included in our staff report was an indication that the applicant didn't supply a
landscaping plan, but you can see in our comments given the industrial nature of the site, we didn't think that was appropriate. So, um, if the board agrees, what we'll do is we'll work with the applicant to get just a simple letter requesting the waiver from that requirement. We can put it in the file.
You can have it as part of your decision. Um, one item that we did want to just touch on, and we didn't have time before the meeting was to ensure that marine and environmental services got an opportunity to to weigh in um on
the application as it as it stands. So, so we've got a little bit of work to do um in the meantime. Unfortunately, the drainage calculations weren't sent to engineering um with the referral. So, we met we there it's in his in his um staff
report, he seems to indicate that we weren't able to get into him. So, we've got a little bit of work on our end. If you're comfortable with the application as it stands, which we generally are as well, you can ask us to provide a positive draft motion for the next
meeting. And in between time, we can do all the work that we were going to try to get done for this evening, drainage, mees, um, and any outstanding other items. Waver, the landscaping waiver. Thank you.
I think that generally since we don't really have any questions, I think we can ask the staff to uh put together an approval contingent upon I mean if we wouldn't vote on it unless the staff has gotten everything that
they need to do to give us the approval at that point. Does that make sense? Yes. They're doing a nice job at that site. Yeah, I visit a site also. Looks great. Mhm. So I think those last few things before the 14th
I'm sure they're going to be done. So we just need to have an approval at that point. Do you need any kind of a formal vote to ask you to do that? I don't necessarily think we need a formal vote, but either perhaps just an indication that you're okay with a landscaping waiver if it were to come in.
Yeah. Okay. We'll work we'll work with them to to make sure we've got it on file. We'll set with that. Okay. Okay. So then this will be continued to the 14th. Okay. Thank you very much. Thank you. Um we just want to make sure we take any public comments if there are any.
Yes. Any public comments for this hearing, please? [Applause] Seeing none, I think we're all set. Okay. Yep. Okay. All right. Uh, next hearing is for Sean Riley, site plan review application to
approve an existing detach accessory dwelling unit at 71 Oyster Pond Road. And Tom, can you read the notice, please? Yes, this was uh published. The publishing date was 9525 and 20 of
Butters uh were sent this notice by regular mail. Thank you. So, anyone here for the applicant? Hi, I'm Sean Riley and we are just looking to get this ADU
approved. The the house is sold or is under contract and we're looking to get it approved as an ADU before the next buyer comes in. Okay, Jim, I I think it's fine, but I just
have a question. How did this get permitted? How did this get permitted? Well, was it a I don't know story. Okay. So, that happens from time to time. I just Yeah. So, they're they're here to formalize.
Yeah. They're going to fix it. I just Yeah. I mean, I've seen the property go, "Wow, this is great, but they don't have any paperwork." That's all they need. The paperwork meets all the requirements. It meets it. Yeah. Yep. Yeah. So, we recommended um approval of it. Uh
I had prepared a draft motion for you but seem to have it uh this evening comes down here been a day. It's a meeting of so we would ask you to do a motion for our next meeting. We could certainly have that ready for you. Yeah. Okay. Pretty thrusting. It's nice. Jim
Ann Edwards has owned the property forever and ever and ever. So I think it probably just kind of happened. So we need a vote for that and just all just Yeah. I I don't think you need a vote, but um perhaps just you know clarity for the applicant. So it it the board is um
generally in acceptance of this application. What they'll do is read your uh official acceptance and vote on the determination at the next meeting uh at October 14th. Okay. If that works for you and that will
officially put it into the record and then we give you a copy. Okay. Is there any will I if there's anything that I need to do before that? Well, I don't know. No. Okay. And and you don't need to attend meeting. Is there any chance of getting that approval to happen tonight?
Yep. Or or a vote to to happen tonight if the board would be so inclined to allow me to run to the Do you have a sale you have to do this for? Yes. Yeah. It's under contract and and we didn't realize
exactly what what the the steps were. So I don't have a problem. I know it's our policy to make wait and do it, but this has been there all the time and and it meets all the requirements and we have we have a decision ready on the printer. So if you give me two minutes,
John, are you okay with that? Well, we'll take a a two-minute recess. Okay. Pass the donuts that way. Thank you. Supposed to have it by 4:00 today.
If everyone's coming, would you give him just have a copy after we finalize it? Okay. All right. Thank you. Back in session again. Um, so we have a a motion here
for the planning board to vote to approve the application. Sean Riley. Tom, do you want to read this, please? Motion that the planning board votes to approve the application of Shawn Riley to formalize an existing detached
one-bedroom accessory dwelling unit located at 71 Oyster Pond Road under section 240-12.2 site plan review of the zoning bylaw with the following findings and conditions. Findings. The applicant is
seeking approval of an existing one-bedroom detached accelerate accessory dwelling unit located on the property. Said unit proposed at 863 square ft will be 40.8%
of the principal dwelling. Therefore, complying with section 240-9.1 of the zoning bylaw. The site plan and existing photographs show ample room for vehicle parking for the proposed ADU and existing dwelling unit. Therefore,
complying with section 240-9.1C and section 240-14.1E of the zoning bylaw, respectively. The applicant recently installed a five- bedroomedroom septic system and according to the health department referral, the total number of bedrooms
on the lot should not exceed five bedrooms. Although there were letters of opposition received and comments made during the board's public meeting, the board has determined that the applicant has adequately addressed the issues
raised. Page two, 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 decision is necessary. Number two, construction
activities shall not cause erosion to or sedimentation into the abudding properties and town right ofway. 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 and
monthly rentals, parentheses so-called summer rentals are expressly prohibited. Number seven, pursuant to section 240-12.2 two of the zoning bylaw. This site plan review decision shall lapse
three years from the date it is granted if substantial use thereof has not sooner commenced except for good cause. The determination of good cause shall be made by the planning board. Number eight, the applicant shall
contact the assessor's office for inspection of the ADU prior to certificate of occupancy. Going to page three and number nine, the applicant shall obtain the required
rental registration from the health department prior to renting the ADU. Second, if I may, uh, just a point of clarification. So, in error under the abuter and public comment section, there were no letters of opposition. I was
going to say, where did I miss that? I was going to ask that question. I suggest that language be changed to no letters of opposition were received. Um, and the board has determined the applicant. Uh, has you were predicting what was going to happen tonight.
So, just an error in that comment. Do we have a corrected motion? Okay. And we have a second. Any other questions, comments? All in favor? I. Unanimous. We've added a new special condition.
Special condition rental permit. Very good. Yeah. Yes. Okay. All right. Next we have on on the agenda uh Raphael
Citaden site plan review as a continuation. And Tom, can you read the letter, please? So, Mr. Chairman, for the record, um the applicant has requested a continuence to
the October 14th uh meeting and has also asked for an extension for the decision deadline for the site plan review application. So Tom can read the the letter into the record. All right. Thank you. September 22nd, 2025.
Jed Corno, AICP, Community Development Director, 59 Town Hall Square, Felmouth, Mass 02540, Bree 683 Main Street site plan review and special
permit application. Dear Mr. Corno, please accept this letter as a formal request to continue this matter from the planning board's September 23rd, 2025 meeting to their October 14th, 2025 meeting. Our design company finalized
the plans, however, was unable to provide them in time to meet the board's deadline. Additionally, I would like to extend the board's decision deadline for the site plan review application to October 31st, 2025. Please do not hesitate to contact me with any
questions. Sincerely, and then there's a signature. All right. Thank you. Yeah. Thank you, Tom. So, we need any discussion or else the continuation. I get a motion, please. So, I move that we accept the applicant's request to
continue this matter to u October 14th and to extend the board's decision deadline to October 31st. Second, including the special permit there. Yeah. Second. Second. Okay. All in favor? I I unanimous.
Thank you, Tom. Next on our agenda, we have the applicant is Cape Cod Aggregates Corporation site plan review application construct a contractor yard consisting of two proposed buildings and associated
parking. 3,990 foot building intended for contractor's bays and a 5,400 foot building to include a scale house, garage, and accessory office use at zero Thomas Liners Road. Tom, can you read the notes, please?
Yeah. Public notice for this project was published on September 5th, 2025, and 12 of Butters were notified by regular mail. Thank you. And uh for the applicant, please. Uh good evening, Mr. chair, members of the board. For the record, my name is
Kevin Clower. I'm an attorney with Amed Clower Law Firm here in Falmouth and I'm before you tonight representing the applicant Cape Cod Aggregates Corp. Uh they are the owner of this subject property at zero Thomas B. Landers Road. I'm joined tonight by uh Dave Peterson from Cape Cod Aggregates and also Raul
Lazardi Rivera from Cape Islands Engineering. We're before the board tonight for two reasons. uh site plan review of the proposed development and also a special permit for the proposed use as a contractor's yard. Uh I just want to start off by noting that we received the staff report on Friday the 19th and we
received the engineering referral late this afternoon. So we have not had the opportunity to fully review and respond as of yet. So, we'd like to use this evening as generally an introduction uh to review the plans and the proposals, see if the board has any questions, and intend to come back with any necessary
revisions to the plans responding to any comments or concerns of the board as well as the referrals from the engineering and staff. So, this property is located at zero Thomas V. Landers and consists of a question, Kevin, before you go any further. Um, in
preparation for tonight's meeting, I looked up zero Thomas Landers Road and uh on the uh Google uh map, it turns up at the corner of Sandwich Road and Thomas Landers Road. And I wonder if you could clarify for us the exact location
of this project. I'd be happy to. Um, actually kind of stole my thunder, uh, Miss Harris, because that was that was part of my next little bit of spiel. Uh there are anytime we have an undeveloped parcel they're typically referred to as zero blank road Main Street Thomas B Landers.
Um so what we do is we identify them by the parcel number. These two parcels both known as Thomas Banders um are just west of the blacksmith shop road intersection with Thomas Blanders. So um if I can pull up the the easiest thing
for me to do might be to pull up the GIS map. Um, if you bear with me for one second here. So, it's just up from the corner. Mhm. Cuz you climbed the hill. This will answer our question.
So, it is this parcel right here. These two parcels right here. So, located just east of the tech park and just west of the of the Blacksmith Shop Road intersection. Right. So, right on the corner Blacksmith Shop Road and Thomas Landers, there is a house. There is a house there and then there's a parcel here space.
This parcel and this parcel are both part of this application. Uhhuh. And how many feet would the buildings be would the project be from that house? 651. Thank you. Yes. Okay. So, this property consists of
two parcels totaling 7.37 total acres located just west of the blacksmith shop road intersection. Really stole my thunder, Charlie. We're boarded. He was waiting for you. We're boarded to the south by blacksmith shop farm uh which is owned by an affiliate of Cape Cod Aggregates. Uh to
the southwest by the town Landfill and Solar Array. Uh to the west by another industrial parcel also owned by the applicants. And to the north by Thomas Beanders Road and just north of that another parcel owned by Cape Cod Agregates. To the east there is a singular residential home which is more
than 650 ft from the closest point of development. Thomas B. Landers is considered one of the primary arteries in town um and is an area generally designated for contractor yards and industrial uses. So the applicants are proposing a contractor yard here
utilizing both indoor and outdoor space as well as accessory office space which is accessory to the contractor yard. So this contractor yard will include an area for the stockpiling of materials here on the western side. uh two commercial buildings. The first
being 3,990 square feet uh which is intended as parking bays for the commercial vehicles and the second being 5,400 square feet which includes garage space, the um uh the scale house and some accessory office space.
The total area of building development is 9,390 ft between the two buildings. Cape Cod Aggregates is uh been owned and operated by the Laruso family since 1957. They've always had a presence here in Felmouth and as of noted own a number
of parcels within this area. This proposal allows for a consolidation of what they already offer and is in harmony with the existing uses in the surrounding area. The buildings proposed allow for storage of equipment, their industrial style manufacturing with garage bays. Given the size of the
building and the fact that we are requesting this as a contract yard, this does require both site plan review and a special permit both from this board. So as noted this is 7.37 acres and zoned agricultural A. The proposed buildings result in lot coverage by structure of
3% where 20% is allowed by lock lot lock lot lock lot lock lot lock lot lock lot lock lot lock lot lock lot lock lot lock coverage by structures paving and parking of 15% or 40% is allowed both well under the maximums permitted. They comply with and generally far exceed all the setback and lock coverage requirements.
The calculated parking requirement is 22 spaces which has been provided and relative to traffic flow. Most of this use already exists along Thomas Blanders which as I've noted is a main artery of the town and should have little to no change to existing traffic flow. In addition to the site plan review, uh
the special permit is under 246.1B of the bylaw. Under this provision, a lot must contain at least three acres. There are 7.37 acres at this property. The front yard setback must be at least 50 ft and sideyard and rear yard setbacks of at least 30 ft. Here the
front yard setback is 51 ft. The sideyard to the west is 396 ft. The sideyard to the east is over 650 ft. And the rear yard set back to the south is over 51 ft. The contractor yard can't be within 300 feet of a single family district or
within 300 ft of an existing dwelling. As I've noted, uh, this is more than 650 ft to the nearest dwelling and not close to any, uh, single family districts. The planning board must find that the contractor's yard, uh, that the operation of the contractor's yard, including traffic between the yard and
arterial roadways, of which Thomas B. Landers is one, will not adversely impact neighborhood, which is not applicable in this case. Having reviewed the staff report, uh, we can provide all the requested information, specifically uh, they've requested a lighting plan and site distances for the driveway. My
understanding is that those exceed 500 feet in both directions. Uh as well as an analysis of development impact um and that we reach out to the marine and environmental services regarding the wildlife court. Are all of those things we can accomplish prior to the next hearing. I believe those are the only
outstanding items within that report. Regarding the engineering referral uh with our application, we did submit some of the materials that they noted as missing. Specifically, we had already submitted a storm water calculation and a landscaping plan, but they they had said that those weren't, but they were there. Uh, beyond that, none of the
items requested seemed problematic and can certainly be addressed with minor edits to the plans. This proposal is uh in line with the surrounding area, allowing for contract yard on a street of many similar uses uh and similar to many of the budding
parcels. The applicants are seeking to continue their operations, continue to invest in the community, continue operations as they've existed for almost 70 years by finding new ways to improve those operations. I believe this project meets the criteria for site plan review
uh review approval as well as uh the special permit for contractor's yard pursuant to 6.1B. I along along with Raul uh and Dave are would be glad to address any questions that you might have. Um, if there are no questions or concerns, you know, we'd
certainly uh request a continuation to the next hearing so we can respond adequately to the staff report and engineering referral. Thank Thank you. I'm sure we have some questions for you. Tom Paul,
wait a minute, just I do. Okay. All right. Okay. I have never heard the term scalehouse. What is that? So what you see here is outside of the building there is going to be um a ground mounted truck scale
and that is used to weigh materials coming in and out of the site. That's how they they charge per per tonnage. So the scale house is the operations of the scale. It's it's the counterweights that that operate the ground mounted scale. Never heard that term before. And then
you've already got a number of the offices designated for various people too. It looks like that is the thought. Okay. Um, now you've got another term here. I don't know what it means as far as usage. Gallery.
It's a garage. Thank you. You're not going to have art there? I mean, if if only we knew an art dealer who had had excess art that we could we could we could perloin. Charlotte, any questions? Uh, no. I was all ready to hop all over you if you were on the corner of
Sandwich Road. That was really alarming. But I'm wondering now what you've made one part of this green. Was there some intention in the green? Yeah. Um so so what's shown here is preserve natural vegetation for screening. So the idea being to this is
um actually I'll go back to the uh site plan. Which way am I facing here? Yeah, this is what we're looking at here down this way. And the idea being to preserve a lot of the natural vegetation there. Uh
once you have the the opening, this would all be left vegetated to provide as much screening as possible of the site from Thomas B. Landers. That's great. Thank you, Jim. An all the buildings builders along that
road almost without exception um have managed to do that. So that even though it's our industrial road, it has maintained a really nice character. Thank you, Jim. Any questions? Nope. John. Yes.
You asked for my comment. When I first saw the agenda, I thought we'd be here till 10:00 tonight. Okay. Doing very well. It's only 7 o'clock. We're almost through the entire We're not through this yet. We can slow it down. Don't worry. So, you have any comments?
That's it. Okay. So, speak slowly when I ask you this questions. Kevin, Kevin, um, can you explain the scale for the scale house? I mean, is there going to be any mining on the on the No. So, this is this is a contractor's
yard. Um, so why I'm not focusing, I'm not sure. So, there is going to be material stockpile on the western part of the site. And as that material is loaded and sold, it's weighed on the trucks coming going out to determine, you know, we know what the starting weight of the truck is and we know what
the weight then we know what the weight of the materials are and that's how it's the the charges are done. So, you know, you buy a certain amount of tons of dense grade or or rock or whatever you may be purchasing. So, the material is going to come from another site and be Mhm. be uh stored there.
Okay. This is not it's not a mining site. They're not they're not stripping this in. I just don't understand why there were scales there if it wasn't something to weigh. Mhm. So now I understand that. And the garage itself, uh it's just going to be for repair of equipment or
not even repair storage. Um so we'll have interior storage here. We'll have interior storage here. Uh and then there'll be outside parking as well in storage in storage um of vehicles. Yes. Okay. Yep. And one of the things I spoke
to uh Miss Tandere about today is providing a list of some of the vehicles that'll be stored there. Okay, that'd be much appreciated. Okay. Um staff, did you want the applicant to go over the landscaping plan? Did you have any
comments or questions on that? I think you mentioned that going to be the existing Yeah. vegetation. So, they've actually submitted a landscaping plan along with the application. And it's it's in your packet.
So, it's labeled landscaping plan. Yeah. A landscape plan. Yep. Right here. Yeah. Like this. mostly around the parking area. So, as I mentioned, a lot of the natural vegetation is going to be left along the
street. Uh, in order to keep that as an obscurance of of the site as much as possible and and in in the in the developed areas, they're going to have some green space between the two buildings as well as uh what we'll call beautifification around the parking areas. Anybody
else have any questions about that? Any comments? John, go ahead. Please. What takes place on the land immediately behind it? Not on this lot, but immediately behind it to the south. That's Blacksmith Shop Farm. All of it?
I believe. So, yeah. If we look at the um I'm glad I'm glad I pulled this up. Um so, this is Blacksmith Shop Farm here and on this parcel here. So, um, those two parcels are are the entirety of Black Michelle Farm,
which are owned by a related company. Well, and I'm familiar with that from taking stuff over there to dump it. So, didn't realize it was that close. It's that curve in blacksmith shop that's deceiving. Yeah. Something
that the drainage area that's on the plan, what is going to be the depth of that? I'll let speak to that. [Applause] Good evening. For the record, Raisy from Capeis Engineering um the engineers for
for this project. And the plan does have a detail um showing the depths of this system, but um just roughly the rim or the high ridge of of this drain basin is at elevation
80. Um, and the bottom is at elevation 75. So, it's a 5-ft depression. Um, and the whole purpose for this is promoting um, infiltration into the ground after it goes through the the vegetation that's going to be there. The vegetation
there is not trees or shrubs. It's mostly like a meadow. um it will be mowed just for maintenance purposes, but that meadow is what's going to be absorbing nutrients and and so forth um from the drainage and and on a um large storm, what do you
think the depth of the water would be in there? I think that's so right and in the details um we show um the typical 100-year design storm um the flood level stage is 4 ft of water.
Um it's on page on sheet three of the set of plans. There's a cross-section of the detail that shows um that particular storm design. Now the 100year storm design is not the typical storm design we design here in usually is the 25ear storm. Um, but
we have the room to put that storm in there. So, we did. Are you gonna uh put any fencing around it? So, it's not required, but um if the applicant um wants to put a fencing, I I mentioned this a couple times before.
We had a situation like this over by the u the the uh Fmouth Mall and um and there was a drowning there. a couple young boys. There was ice on it and they were walking across and one of them got trapped under the ice and he was like
nine or 10 years old. So, I always like to make the applicant aware of this and I hate to see uh I know you're way out in the country, way out in the woods, but you know, boys when they're out there fooling around, they can find a spot like this and
take a look at that. I appreciate that. And just for a comparison, I am familiar with the the Palm of M. That is a wet basin. Um which the difference between that one and this one. This is a dry basin. The intention is for it to dry out. Um that one and um
unless there's a really bad drought like maybe today. Um it's intended to hold water at all times. Um this one is that's not the intent here, but we understand the the the concerns. Yeah. I just I I know everyone would hate to see something like this happen.
Yep. When it could have been prevented. So, all right. So, no other questions, Jed? Yeah. So, um you know, just briefly looking at the staff report, um we do need to follow up with fire uh mees and
it appears the board of health um may be some outstanding items, but I I'm confident we can get that done in between now and uh October 14th. Okay. And then of course having the engineering division look over the drainage calculations. Yes. Yeah. So, I need a motion to
if the applicant's um okay with the continuence to October 14th, which I think I heard him say, then So, let me I'm going to just check the date, but that sounds perfectly fine. Did you mention something about the lighting plan? We will have a lighting.
Thank you. There was several items. He said he could address them. Yeah. Yeah. No issue with the 14. Okay. Um, I I would suggest that public comment public comment questions.
I always forget the public. All right. Hearing none. Want to make a motion here to continue to continue. Oh, yeah. Okay. So, you Yeah. So, just for just for clarity sake, you do have a special
permit um public hearing open. you I would suggest you just continue that to the 14th as well as the site and review application. I wasn't going to make a separate presentation just same. Oh, I understand. So, I move that we continue both the special permit application and the site
plan review application to October 14th. Second. All in favor? I I unanimous. All right. Thank you very much. We appreciate your time this evening. You're welcome. Thank you. Den, I'd like to make a comment. Certainly.
Um, noting the time and what a long agenda we've just whipped through. It's completely based on the thorough work of the staff in advance. So, thank you. Absolutely. You're welcome. Yes. Thank you. Some bumps in the road this evening, but that's okay.
Well, we're not finished yet. No, we're not. No, but what appeared to be the time consuming part has gone by. Kevin, you need tomatoes. I was nervous about the tomatoes because like I didn't know what I I grew them organically grown. They're
kept out of line. I didn't know what I was going to They're not rotten. Go get some. Okay, now we're uh at the point we're going to have planning board discussion. Tomatoes. We're we're going to discuss November annual town meeting articles recommendations.
You can't give us tomatoes, but you can give him tomatoes. As long as they throw them around, we'll be ourselves. This is not my day. Now, the fun part. For the record, Jet Corn, community development director. Um, so in your
packet are the five articles, sorry, one, two, three, five articles for town meeting. Um, all of which you, uh, recently on October 26th, I believe, uh, approved to go to the warrant. Tonight,
we are talking about the recommendations and explanations. So, you should have a copy of them. Let us know if you don't have them. So, they were additional information that was passed out um
in uh next to your um packet information. So, it should be sitting on your your desk. There should be a paper clip. Wait a minute. Very good. Okay. Got it. Yes.
So, um just as a recap, article 22, uh proposes to eliminate a section within the um zoning bylaw. It's 240 section 5.1C, which will eliminate the uh special permit allowance. Uh and we've
talked about this in the past. The recommendation for all of these articles are to um approve the article as presented or as printed in the warrant. So, no changes have been made since the close of the public hearing. So, there's that standard recommendation. Each of
the explanations essentially lays out what the article is attempting to do. Um, so some of them are a little wordy. I didn't plan on reading them uh for you, although we do have extra time tonight. Well, we don't need it, but uh essentially the explanation lays
out uh which what each article is attempting to do. You have any questions? I'm happy to answer. We've heard all these before, right? This is not new, right? So, what I'll do is I'll just call up
the articles uh for the folks who may be looking or watching at home. So if anyone's interested they go to the board and committees menu click on planning board and then on the far left there are town meeting zoning articles
and these are the five articles which are going to be in the town meeting warrant and as I mentioned the first one is making this change as shown up on the screen eliminating that special permanent allowance.
Second is the business uh district use table again allowing accessory dwelling units by right in each one of the business districts. The third is a um J let's read lead them off as the article number please.
Oh sure did article 22 article 23 now we're on 24 right. So, article 22 is the 5.1C. Article 23 is the business district use table. Article 24 is a not a wholesale rewrite,
but a lot of changes to the accessory dwelling unit bylaw. Encompasses a lot of different um changes which we've gone through in the past. Article 25 is a change as shown on the screen while it
loads. Um it's a change to the maximum building height table eliminating two overlay district languages or two overlay district um items that are included in the use table but also found somewhere else in the bylaw and that is
not loading for us. And then article 26 which may also not load uh is the change to uh the accessory structure section which is um essentially removing um accessory apartment the restriction on
accessory apartments being able to go up to 25 ft uh in a via special permit. So once that loads folks at home will be able to see it but this is the maximum height table removing this language and then the accessory structures will be
removing the accessory apartment uh section that doesn't allow for it. So like I said the explanation essentially just describes what the article is intended to do. Thank you Charlotte. I think it might be handy for town meeting on article 24 to mark the
ones that were not required by the state as most of these changes are just to make us conform to the new state ADU law. So if you were to mark the ones that are not required by the state, it'd make it easier to explain to town meeting. Good point.
[Applause] So the ones that were original is essentially what you're getting at. Yeah. If you're making any changes to the original, are all these changes only to be in conformity with the state or there's some others and I think there are a couple of others.
No, the vast majority of them are intended to just be in compliance with the state regulations, right? So, where are the ones that aren't? The only ones that that I guess were not changed uh were uh for example uh an ADU uh the footprint of the new
detached ADU cannot exceed the that of the principal dwelling. So you've had that language in there uh for quite a while. Um but there's not a lot in here that actually remains. A lot of the new language came from either the regulations or as I've described the
model bylaw that the executive office of housing and livable communities published in February approximately. So it would be true to say that it's either in the original. Correct. Or it's changed because of state action. Correct.
All of it. That makes it much easier to present. That's an easy That's an easy way to say it. Yes. Yeah. Y describe it. Of course, John will be presenting all of this at town meeting at the podium. From memory. From memory. Memory. And answering all questions.
Yes. Wait a minute. You're going to be there. Wait. You're a town meeting member. You can answer a few questions. I'm going to ask the meanwhile. Okay. No uh donuts for you tonight. So, do you want to go through this one
by one and recommend them to the warrant as printed? Uh, I would suggest that if if you're comfortable with all the explanation language, you could do it as a as a blanket. You can recommend all of them. Or if you feel more comfortable doing them individually, you can do that, too. If you've got no edits to make, we've been over this so many times.
Yeah, I think a blanket is I I would recommend all of the articles presented to us tonight as printed to the warrant. Articles 22 to 26. Yes. Thank you. In the form of a motion. Yes. Yes. I got a second.
Second. Second. Thank you. All in favor? I I just to clarify, um, you're recommending the recommendations, correct? Not not the articles themselves. Just to clarify there, right? Recommendations and explanations.
Yeah. Okay. Very good. Thank you. Next, we have U planning department report. I'm going to go back. I didn't know if you were going to do the report or I was going to try to do it off of
memory. Oh yeah. Uh didn't work. So planning department has been um busy, very very busy. Um we've been working on primarily the draft uh wayfinding plan.
So, we've got um a final comments uh have been incorporated into the final plan. So, now we're just going through it with a fine tooth comb and making sure that everything that we suggested has been incorporated. We should have a final plan by the end of the month, which is very exciting. And then um of
course we move into the next phase which is actually designing a sign uh that we could potentially use or a series of signs that we could use uh in the downtown area and along the Shining Sea Bikeway as a way to direct traffic and get folks to and from you know shops,
businesses, etc. So we're excited about that. Um we're also working on the community play space RFQ. So, uh, CPC voted, uh, $75,000 approximately for, uh, the all-inclusive playground that
will now be housed at the, uh, Goodwill Park. So, Melinda and I have been working on, um, drafting that final RFQ so that we can, uh, procure design services to develop the actual uh, park itself and then eventually go to construction and buying materials and
whatnot. Um, we've also been obviously working on zoning amendments. The next phase of our zoning amendments start now um because we're always planning for the next town meeting. So, we've got a series of items. We had hoped to wait
for November. So, November of 26 um so that we could give town meeting a little bit of a break on zoning amendments. But there's been a couple of items that have come up that uh in my opinion should be dealt with sooner than that, but they're small. So, we've been dealing with the new language and how we would approach
the board and talk about um some of that information. And of course, we're doing research on how other communities are handling ADUs uh particularly ADU number two and beyond. Um so that we can
present to you and start that conversation about how you want to handle that local process and what that might look like. How many ADUs do you want to have? What sizes do you want? what types of design um metrics do you want to include? So, a lot of that work
has been ongoing this month and uh we'll probably continue until December. Um and we're anticipating starting that conversation with you around that time, perhaps in January, if not sooner. You have something else? Uh we hired a
new um preservation planner. So she's part-time and she will be focusing on the historical commission and doing all the staff requirements and going to those meetings. So my shift my focus will be shifting more towards planning
and out of the historic portion as she started or she started yesterday. Y um and she actually was on the historical commission and she is now off the commission and doing the um the planning position for it.
Would you say her name was Annie Dean? Oh, Annie Dean. Yeah. Very excited. Yes. Yep. Yeah. Well, welcome aboard, Annie. That's right. Well, she certainly knows certainly knows the town. She does. John,
yes. Um, what happened about getting a consultant for the comprehensive remake on the long range comprehensive? There you go. Stealing more thunder. They the grant hasn't been awarded yet. I believe we hear either in October or November if we get the state um uh
grant. They say October. So I think they said November. So a public process would start next spring. Yes, that would be the idea. So when you get the award, you move immediately into contracting um and um procuring a
consultant. So it's a rapid fire type situation. So, we we would anticipate going to uh the public with a list of events and all of that sometime in the spring so that we can complete the process the following year right before
November town meeting so that town meeting would have an opportunity to if they so choose review it and approve it. Um and then we're off and running with a new LCP. That's if all the stars align. But
that's what we do. We plan for that. This is good. Y good. Any other comments or questions? Anything else from the staff to report? You want to give us a little update on the one cape summit that you attended last week?
One Cape Summit was very good. Uh Melinda and I attended the first day. I think John maybe you attended both days. Both days. Yes. Um we sat in on a session about the Cape Cod bridges. Uh so Mass DOT is moving
ahead with design and environmental permitting for both bridges even though the Bourne bridge doesn't have dedicated funding as of yet. Um but their uh perspective is that you know if they can provide it as shovel ready as possible
it would be a hard uh item to not fund uh in the future. And I think they've they're also planning for if they don't get funding how how would that look? But the goal is to replace both bridges. Um, it will take quite a while to do so. Um,
so I've started a campaign to buy either a small plane or a helicopter or some sort of hot air balloon to get me over the bridge. Um, but we're very excited to see those come to fruition. Is did they talk about the plan for the
Bourne Bridge abolishing that rotary or changing that into a clover leaf or something? They didn't get into the specifics of that. It was more about um where they've started, how they've got there, and reassuring the public about, you know, the fact that they are committed to replacing both bridges.
Okay. I believe, I can't remember the exact date, but next week, um Mass is holding a public umformational session on both bridges, and you'll be able to see the designs for not only the bridge
themselves, but also the approaches. And you know, you've probably seen it in the paper. They've already publicized the approach to the Sagamore bridge. Um, and how, you know, that whole traffic circulation will work. It's going to be an an immense construction project. So,
and that meeting next week is in Bourne. Yes, it is in Bourne. I'll tell you just as an aside, every time I see evacuation route and approach that rotary at the Bourne Bridge, I think I'm hunkering down. There is absolutely no way you would get across
that bridge if there was an emergency evacuation. Yeah. None. It's it's tricky and and current conditions are um even trickier now because of a traffic light that they put out at the um tech school. So, it's
we're working through it together. It's a it's a group effort. Um but we also attended a really interesting session on um taxing of ADUs and um the how the assessors look at ADUs and short-term rentals. Sorry, not ADUs,
Airbnbs, short-term rentals um in communities outside of Massachusetts. Um and so we heard from a gentleman from Colorado, Urban Three, Urban Three. Um, and it was just a wealth of knowledge about how he's seen
um, different communities tax these uh, short-term rentals and what the implications might be to them uh, or to the community as as they tax them either in an appropriate way in his opinion or a non-appropriate way. So, that was a really interesting session.
Uh, but we didn't attend day two. So, I I don't know, John, if you had anything about day two, but um, day one was excellent. Day day two was a lot about housing. Okay. And um they and uh traffic control uh road designs for small towns like
Falmouth, Main Street and how to improve the traffic flow and and actually also to to increase traffic flow for the um the stores and shopkeepers and it was uh it was very interesting. Both all all of
them were interesting. So and the lieutenant governor spoke the first day also. She was excellent. She was excellent. And the the the seminar that we attended regarding the bridges was put on by uh the state. So it was um direct and what I took from
it was they were talking about hoping to start in about four years on the on the Sagamore bridge start construction. They're finalizing all the details and the they feel they have the funding already and they said that once they start they expect the construction time
period to go from six to eight years for completion. So if it's eight years that would be 12 years from now and then they'll work on the Bournem Bridge. I won't be around then. Well, it' be somewhat of a miracle.
We better be here. That's all I can say. At night we want to use that bridge. Well, lovely, but I don't think I'll be driving at 95. So, yeah. One of the interesting uh items is I just recently was uh contacted by the Cape Cod Commission who's looking to
start up transportation management associations. So, essentially car pooling. Um and I know of a few folks who travel over the bridge who work in town hall. Um so I think you know obviously less cars the better coming over the bridge during the construction
period. Um, but you know, I'm serious. I might I might invest in a hot air balloon. Be a lovely trip over and back. Imagine the sunsets. They had a nice u um award for Tom Cahare.
They did. That was nice. You know, transportation secretary. Tom was from Felmouth and his father was a selectman here in Farmouth when I first moved here. Okay. So, I I knew Tom not really well, but pretty well. Yep. Yes, Paul.
I just have a quick question. The state highway does not allow horseback riding, pedestrians, or bicycles. These bridges are state highways. And if you look at the Brager Bridge in New Bedford, there is no provision for
walkway pulloff or anything like that. Just roadway. Yep. What I've seen about the design, the preliminary design anyway, there's a provision for a bicycle area. Yes. There's even an area you can pull off and look at the view. Yes. Which doesn't seem to make a lot of sense, but are they going to address
those kinds of issues with the final design? Yes. Yes. So, they have to change the state law to allow people to walk. Well, the and ride on state highways, bridges. They need to do that everywhere they plan a project now because they're they
have a complete streets policy which means every project that Mass DOT puts money into and designs they have to incorporate all road users transit riders pedestrians bicyclists you name it uh where possible. So there are there
are certain areas where you just can't accomplish that. So they do their best to incorporate those users in a different way, but every project that they do now, they have to they have to incorporate those users. Raga bridge has none of that. It's an old project. So if they were
ever to do a new Raga bridge or any improvements there, the improvements, it gets, you know, fuzzy because some improvements can just be maintenance work and sometimes maintenance work doesn't apply to complete streets, but if they're doing a full project, they have to incorporate that.
Thank you. Thank you. Any other committee reports? Um, the SDR group meets tomorrow. We haven't met again since last I reported. Okay. Paul. Okay.
John, I wondered just to sort of being on the Cape Cod Commission, does Cape Cod Commission keep track of which communities on the Cape um where they are as far as the 10% safe harbor? Not that I'm aware of because I mentioned to them before that Balmouth has reached
there and they're quite surprised. But I'm not saying they don't. I'm just the people I spoke with were surprised by that. Is there anywhere where that can be looked up? I would imagine on their web page they have of each town. I don't know about each town, but you
could call and ask. Well, they give you some people's names and numbers to call. Oh, okay. Wait, Jed seems to know. John, so I do have a comment. Although not part of the agenda, we'll just take a few minutes. Um, just to answer the question. So, the
answer is yes. Um, the housing page on the town website has the most recent uh information as it relates to the SHI. So, most recent SHI of 8225. Kim usually posts it whenever she
receives a new list. And so you can just click that link and there's the official list from the state. Down the bottom is the percentage for each of the I can't read it from here. Is that for each of the Cape communities? Nope. That's just for Falmouth.
Oh, she was asking about other other towns. Each towns. Okay. So if you're interested in that, you can contact the executive office of housing and livable communities. I don't know if they would give it to a member of the public or if it has to be obtained by the
municipality, but you can certainly ask them. Well, you're the municipality. Maybe you could ask. We typically only get Falmouth's information, but we can certainly reach out. Thank you. Yep. I got a question.
The list you had on before, how do you get on that list? Is it when you get a building permit? What's the qualification for the project to be on that list? Yeah. So, it's complicated. You first are eligible to be on the list when the comprehensive permit is filed. So, it's
typically a 40B that gets um listed on the SHI because it was a requirement. Um and so as soon as the comprehensive permit is issued, those units are eligible to go onto the SHI. They then are allowed to stay there for a year
period. If a building permit is not pulled within that period of time, they then come off the list. Once the building permit is issued, they can go back onto the list. So, it's complicated. Who polices whether they have permits or not?
So, it is a joint effort between the municipality and the state. So, the state essentially publicizes what the municipality gives them typically. So when we know that something's about to fall off the list, uh our responsibility is to let the state know uh that this
hasn't been achieved. They sometimes are aware of it as well because they're monitoring the list based on the new information that was presented to them from the municipality. So it's it's a joint effort if that makes sense. Thank you.
You're welcome. All said, Jim. Yep. Paul, you had a comment you'd like to make? Yeah. Um, it's really not a committee report, but at the joint meeting between the planning board and a select board, the water system demand projections were presented at the beginning of that
project. I raised my hand to make a comment. I wasn't called on. They went into housing and I didn't object to that, but I'd like to make a comment on that if I may. Certainly. Um, the report is very well done. And what they did take was the 2020 census
and project that out to 2045 and come up with a total of 47,000 plus people and they looked at the studies the water studies the state had done and come up with the per capita consumption multiplied the two so in 2045 they would have a demand both max
day and average day of water supply and that's traditional way of doing it. My concern and I think it's a concern for the planning board is demographics are changing. We have this the town pushing for more
affordable housing. Every day we come in for ADUs which are increasing the density. We're getting applications for large projects like Sandwich Road and Main Street. So I think the population projections are going to be a little low.
So what I would suggest we do is that once we get to the census 2030 take a good hard look at this because the results they came up with is well if we change the permit a little bit we're going to have enough water for that. I don't believe that's going to be the case. So I think water is going to
become the limiting factor on development here in the town of Felmouth. I just like to throw that out for people to think about it. It's not a criticism what's been done at all, but I think democrat demographics are really changing in this town and there's colloquial evidence that there's a lot
more people here year round in addition to that since co particularly, right? So I think it's going to be a concern for the planning board. All right. Thank you. Good point. Um all right, we we now we will have any
other committee reports. We already went to that. Okay. So, announcements. Any announcements? I don't have an announcement, but maybe the future agenda items we talk about the November meeting schedule.
So, any anybody else have announcements? Oh, I guess I do. Um, I will be gone for the month of October. So, I think I'm going to miss two meetings. You can attend by Zoom.
I'll make an effort. We'll get you in unless where you're going to go. They don't have I feel a lot of commitment there. I don't know. I don't think there's good connectivity from where I'm going. Okay. Okay.
All right. So, um and any future agenda items? So, we should probably talk about the November um schedule. So bless you. So your regularly scheduled meetings for
November would fall on the 11th and the 25th. The 11th is Veterans Day, so we can't have a meeting then. The 25th is 2 days before Thanksgiving. So first and foremost, I want to just try and figure out whether or not the board members are going to be available two days before
Thanksgiving or if that's going to be a an issue. And if it's not, that's great. we can we can fit that meeting in. Um, and then the 18th is potentially day two of town meeting. So the 18th falls
between the 11th and the 25th. So we can't schedule a meeting then. So essentially what I'm saying is we'd need to reschedule the 11th to potentially the November 4th meeting date. And I wanted to make sure that there's availability for the 4th and potentially
the 25th. We really need to meet on the fourth because you have a a project that has to Yes. get started. Yes. An application. Does the fourth work for everybody? Works for me.
Yep. Paul. Okay. I think so. Okay. And the 25th seems like it's the same thing. Everyone's generally available. Okay. Great. Good. Perfect. and we'll do the 4th and the 25th of November.
I'll bring pumpkins then. I'm kidding. I don't have any pumpkins. I just Okay. Uh any future agenda items? No general correspondence.
So, September 10th to the 23rd. You should all be aware, and again, this is something that I meant to print for you, but I neglected to. So, we'll email you a copy. Um, you should be aware that the Cape Cut Commission recently, John has a copy as as the chair of the board.
Um, they recently approved the Cape Cut Country Club Solar Project as a development of regional impact. Um, so the official appeal period started, I believe, two days ago. Um, and that will run for 30 days. So as soon as that
appeal period is over and provided that there aren't any appeals filed, that application will then become coming back before the planning board is site plan review. So that's part of the reason why we wanted to try and work out that November schedule because it's likely to
fall within that uh time range. So we will provide a copy of the decision to each one of you um in general correspondence and when they come in front of the board, it's going to be for site plan review. Correct. Okay. All right. Um
that's it for general correspondence and then the next meeting is October 14th and one after is October 28th. Other than that and a motion to adjourn. So moved. Second. Second. [Music]