WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=csC9VWiFHfc

NOTE
MEETING SECTIONS:

Part 1 (Video ID: csC9VWiFHfc):
- 00:00:12: Megaet Communications, K&K Talent Partners and MV Bank
- 00:01:37: FCTV Select Board Report Advertisement and Information
- 00:03:33: Repeat: Megaet, K&K, MV Bank and FCTV Advertisements
- 00:09:12: Falmouth Select Board Meeting Called to Order
- 00:13:15: Town Manager's Report: Trash, Touch-a-Truck, New Staff
- 00:17:27: Public Comment: Addressing Community Diversity Concerns
- 00:20:34: Administrative Business: Approval of Consent Agenda Items
- 00:23:33: Consent Agenda: Restricting Family Size in Studio Apartments
- 00:27:56: Public Hearing: Rebel Room Liquor License Application
- 00:33:58: Public Hearing: Rebel Room Entertainment License Application
- 00:39:50: Public Hearing: Rebel Room's Intention for Musical Performances
- 00:44:56: Public Hearing: Support for the Rebel Room's New Venture
- 00:47:22: Yacht Club Entertainment Sunday Licenses Application Discussion
- 00:53:55: Sun Cape RV Propane Tank Above Ground License Discussion
- 00:57:29: Employee of the Quarter Barbara Rimsa Recognition
- 01:02:35: Steamship Authority General Manager Alex Krisa Presentation
- 01:17:24: The Discussion for Freight Route Openings to New Bedford
- 01:19:24: Appointment of Elizabeth McGawin as Temporary Town Clerk
- 01:23:49: ICE Enforcement Revised Position Statement Discussions
- 01:35:29: Balancing Community Concerns with Legitimate Law Enforcement
- 01:42:54: Endorsing Feeasant Lane Local Initiative Program Application
- 02:17:46: Main Street Senior Housing Proposal: Asbestos Concerns, Grant Application
- 02:21:07: Public Comment: Asbestos Testing, Project Concerns, and Support
- 02:31:14: Falmouth Housing Authority Capital Planning Process Presentation
- 02:41:56: Public Comment: Website Improvement, HUD Budget Concerns
- 02:42:28: Housing Authority Waiting Lists, Capital Improvement Priorities
- 02:56:28: Harborview Development, Sewer Access Issues, Community Gardens
- 03:01:03: Approval of Housing Authority Consolidated Annual Contribution Contract
- 03:02:53: Naming Shining Sea Bikeway Extension After Patty Johnson
- 03:05:39: Announcement: Bike Week Breakfast, Common Victualler License T-Room
- 03:15:25: Public Comment: T-Room Abutter Concerns, Neighborhood Support
- 03:33:59: Public Comment: T-Room Zoning Violations, Ownership Concerns
- 03:38:09: Public Comment: Testimonials Supporting the T-Room License
- 03:57:22: The T-Room License Vote Debate and Final Resolution
- 04:12:54: Letter Supporting Climate Change Adaptation, Resilience Act
- 04:15:12: 809 Sandwich Road LIP Revisions Discussion, Potential Lawsuit
- 04:34:16: Select Board Votes to Not Support Lip Amendments


Part: 1

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Hosting services for fct.org are provided by Megaet Communications. Megaet offers a wide array of internet services including mega backup cloud service, server collocation, T1 fiber, metro Ethernet, as well as telephone

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services such as hosted PBX and digital voice. Their number one goal is to keep your communications network up and running and allow you to focus on growing your business. 877-6342638 or meget.net. Proudly serving the New England area, K

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andK Talent Partners provide a personalized approach to full cycle recruiting services. >> Their level of integrity and empathy is rare, and it speaks volumes about who they are as people and as recruitment partners. >> Our goal is to build trusted

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relationships and to create genuine connections that help companies grow. K and K Telepartners ktlepartners.com >> At Martha's Vineyard Bank we know Felmouth with locations in Woods Hole on Palmer Avenue and the Village Green. We

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deliver personal banking tailored to your needs, business solutions to help you grow, flexible lending to move you forward, and investment strategies that work for you. Whatever brings you in, we're your local partner.

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Martha's Vineyard Bank. Your goals, our guidance. Felmouth Select Board Chair Bob Mscali and town manager Mike Renshaw are recapping Select Board Meetings on FCTV's newest series, Select Board

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Report. Watch new episodes of Select Board Report Thursdays live at 5 at fctv.org org or on YouTube. Have a question about what happened at the last select board meeting? Ask our hosts by

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visiting fctv.org/watchb. Felmouth Select Board Chair Bob Mscali and town manager Mike Renshaw are recapping Select Board meetings on FCTV's newest series, Select Board Report. Watch new episodes of Select

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Board Report Thursdays live at 5 at fctv.org or on YouTube. Have a question about what happened at the last Select Board meeting? Ask our hosts by visiting fctv.org/watchbr. org/watchpr

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hosting services for FCTV. org are provided by Megaet Communications. Megaet offers a wide array of internet services including mega backup cloud service, server collocation, T1, fiber, metroethernet, as well as telephone

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services such as hosted PVX and digital voice. Their number one goal is to keep your communications network up and running and allow you to focus on growing your business. 877-6342638 or meganet.net. Proudly serving the New England area, K

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andK Talent Partners provide a personalized approach to full cycle recruiting services. >> Their level of integrity and empathy is rare, and it speaks volumes about who they are as people and as recruitment partners. >> Our goal is to build trusted

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relationships and to create genuine connections that help companies grow. >> K&K Telepartners. ktlepartners.com. >> At Martha's Vineyard Bank, we know Felmouth. With locations in Woods Hall, on Palmer Avenue, and the Village Green,

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we deliver personal banking tailored to your needs, business solutions to help you grow, flexible lending to move you forward, and investment strategies that work for you. Whatever brings you in, we're your local partner.

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Martha's Vineyard Bank. Your goals, our guidance. >> Felmouth Select Board Chair Bob Mscali and town manager Mike Renshaw are recapping Select Board Meetings on FCTV's newest series, Select Board

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Report. Watch new episodes of Select Board Report Thursdays live at 5 at fctv.org org or on YouTube. Have a question about what happened at the last select board meeting? Ask our host by

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visiting fctv.org/watch slbbr. Felmouth Select Board Chair Bob Mscali and town manager Mike Renshaw are recapping Select Board meetings on FCTV's newest series, Select Board Report. Watch new episodes of Select

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Board Report Thursdays live at 5 at fctv.org or on YouTube. Have a question about what happened at the last Select Board meeting? Ask our hosts by visiting fctv.org/watchb. Felmouth Select Board Chair Bob Mscali

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and town manager Mike Renshaw are recapping Select Board Meetings on FCTV's newest series, Select Board Report. Watch new episodes of Select Board Report Thursdays live at 5 at fctv.org

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or on YouTube. Have a question about what happened at the last Select Board meeting? Ask our host by visiting fctv.org/watch/ org/watchpr. Are Hey. Hosting services for fctv.org are

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00:07:50.080 --> 00:08:05.199
provided by Megaet Communications. Megaet offers a wide array of internet services including Mega Backup Cloud Service, server colllocation, T1 fiber, Metro Ethernet, as well as telephone services such as hosted PVX and digital

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voice. Their number one goal is to keep your communications network up and running and allow you to focus on growing your business. 877-634-2638 or megaet.net. >> Proudly serving the New England area, K&K Talent Partners provide a

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personalized approach to full cycle recruiting services. >> Their level of integrity and empathy is rare and it speaks volumes about who they are as people and as recruitment partners. Our goal is to build trusted relationships and to create genuine

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connections that help companies grow. >> K&K Telepartners. kktelpartners.com. >> At Martha's Vineyard Bank, we know Felmouth. With locations in Woods Hole, on Palmer Avenue, and the Village Green,

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we deliver personal banking tailored to your needs. Business solutions to help you grow. Flexible lending to move you forward and investment strategies that work for you. Whatever brings you in, we're your local partner.

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Martha's Vineyard Bank. Your goals, our guidance. Okay, good evening. I'm going to call to order the town of Fouthmond Select Board regular meeting for Monday, May 4th, 2026. Please join me in the pledge of

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allegiance. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

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>> Thank you. Um, I just want to make an announcement uh from FCTV that all select board meetings are now being broadcast live in full high definition on Xfinity Cable 1072. You can also find them online at

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fctv.org, YouTube, Roku, and Apple TV. And as always, many thanks to FCTV for being a wonderful partner in getting the uh information out to the members uh to the

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to the residents. Um as you can see, we are uh minus one member. Uh uh Colin Reed uh his wife had a baby girl on May 1st. Genevieve Dunlia Reed 10 pounds

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plus and uh and and Colin and the family are all very u uh resting. So he won't be here this evening, which will mean that any votes that we take are going to have to still have three members to to to vote in order to uh uh to to pass a

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vote. Um, I just want on recognition uh recognize that u you know our friends at the Cape Cod Marathon uh just received a uh an award from Massachusetts uh uh magazines as being the best half

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marathon uh in in in the Commonwealth. So congratulations to Jack Afarian and uh and his crew at the Cape Cod Marathon. Um that's all I have for recognition. Anyone else? Mr. Richardson, >> I have two. Um, first to the East

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Falmouth Village Association. We had their second annual uh cleanup day uh on Saturday and we picked up 28 bags of trash along Route 28. Um, so shouts out Terry Rogers and the East Fountain with Village Association. Then yesterday was the um band together for inclusion event

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um which was a fundraiser for the um DEI initiatives at College Light Opera. So thank you to them and thank you to uh Representative Vieira is the MC of that event. Um, and you know, it was nice to to come together with him to both support that event. So, thank you to those those two groups. >> I'd like to recognize the League of

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Women Voters uh for another very successful uh candidates night. There were a little bit of uh some audio issues, but but fought through that and I think a lot of uh really valuable information and loved the addition this year of uh questions from a Felmouth High School student uh representing the

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student body uh for school committee members. So, thank you to them for that that event every year. Mr. Rout so I at this point I'm just going to remind everyone to please silence your cell phone and please notify the chair if you are making a

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video or audio recording of this open session meeting. The placement and operation of the recording equipment should not interfere with the conduct of the meeting. Uh and uh now I will turn to Mr. Wshaw for his uh town manager

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report. >> Thank you Mr. Chairman and good evening select board members of the community. I do have a couple of uh program updates and then a uh an update regarding staffing personnel recruitments. I want to begin with a quick discussion of our trash cart program rollouts. Um first

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off and foremost I want to thank uh Mr. Alan Robinson and the entire solid waste advisory committee uh for their hard work uh working closely with um Mary Ryther, our solid waste coordinator. Mary's done a tremendous job assisting putting this uh program together. Um,

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Felmouth's new automated trash cart program will be rolled out to residents starting in miday and the initial distribution is expected to be completed by Memorial Day. A new 65gallon litted and wheeled trash cart will be delivered to each residents currently receiving Felmouth with curbside trash and

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recycling service. Requests for 35gallon carts are currently being accepted by NSET disposal and requests for 95gallon carts will be taken starting on August 3rd. Large carts will be provided to households with large families or those with special needs. Curbside trash and

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recycling service is provided exclusively for residential trash and business waste is not accepted. The request link may be found on the town website during the summer's transition period. And this is importance and again I want to thank the SWAC for coming up with this uh this concept. During this this

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summer's transition period, residents with excess trash volume may put out one additional automated compliant trash cart per week. After Labor Day 2026, drivers will pick up only one official cart per household. Trash bags and other materials placed outside the cart will

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not be picked up at any time. Residents may choose to reuse their old trash recepticles for other uses or opt to have them collected to be recycled by NOS at disposal. Discarded trash barrels, cans, carts must not be put in your curbside trash or recycle cart. And

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uh Mr. Chair and select board, a Felmouth uh alerts using the RAVE message system was issued earlier today and the message will also be posted on the town homepage under Felmouth News. Uh for any questions about the trash cart program, please email Mary Ryther,

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recycling and solid waste coordinator, town of Felmouth at Mary.ther rytalmouth ma.gov. And also I wanted to mention as part of that rave alert, it's my understanding that there's a QR code attached to that that allows people to scan that code and it will take them

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directly to Nasid's page that allows them to uh to self- select the size card. Um so again, I want to thank the SWAC for putting that together and working with the town and coming up with that great idea about the the grace period because I think it's going to be hugely important. Second uh program operational update I wanted to provide

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is uh yesterday Sunday um we had our um annual touch a truck event. I touched base with Julie Williams Tinkham, our recreation director. She said it was a great event. Uh, police, fire, highway, animal control, and the county sheriff's office attended as well as several local businesses. JSK Tree, Lawrence Lynch,

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Clancy Construction, Walmart, and KVOSA. Huge thank you to all the departments and divisions that participated, all the local businesses and community members who shared the afternoon with the rec department because it was a great event. >> And lastly, Mr. Chair, I wanted to give the uh update on recruiting. Um, as you

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all know, and this was an exciting day. Um, Chief Jeff Lewis, our new fire rescue chief, started today. It was his first day. Um, he, uh, I had a chance to meet with Jeff twice throughout the day. Um, and I, I have to say he's hitting the ground running. Um, already starting to meet with senior staff, management

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team. Um, and, uh, we have a senior management team meeting later this week, and we'll plug Jeff into that as well. Um, last update on the personnel, uh, HR front. Um, as you also know, um, our current finance director, Laura Citroen, is retiring at the end of this month.

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Uh, we initiated the recruitment for that position. It closed last Monday, and I'm happy to announce that we had 20 uh, well-qualified applications, and we're already in the process working with HR director Susan Lumping to uh, schedule first round interviews for later this week. And that's all I have,

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Mr. Chair. >> Okay. Well, thank you, Mr. Reno. Uh we'll now move to public comment if there's anyone that wants to uh make public comment. Uh if there's not then I won't read the restrictions on public

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comment. Okay. Well then then I will now. Public comment may be made on routine matters not on the agenda this evening. >> Comments are limited to two minutes. Please introduce yourself. Since the matter has not been included on the agenda, the select board may not

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participate in the discussion of the topic. >> Good evening. >> Okay. Please introduce yourself. >> I'm Joanne Tman, one Triumph Street. Doug's the only one that's been doing this with me for years. I'm the former chair of the affirmative action committee, which is now the DEIB

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committee. And I wanted to address some of the things I've been reading in the paper about what the progress is in getting a community um officer to be working here. I looked a little into the history. Um Mrs. Burroughs in 1959 was

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the first black teacher on Cape Cod and then she brought a discrimination suit in the 70s when she was not hired as a principal. And so after that we began to see some action in the community, people coming together and creating the

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affirmative action committee. I served on the committee with Scopa Roads 19 2017 through like 20 not 19 sorry 2017 to 2021.

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Um and then it became the um DEIB. At the time we were trying to get the town to recognize you had had um oh what's his name now? I'm forgetting. Um

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anyhow we we had someone who was serving for the whole town but it was George Spivey and it was mostly for the schools and se Superintendent Dur was smart enough to hire a wonderful man Henry St.

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Julian who's there now. You have a wonderful human resource person who works with the community with the town, but we don't have someone specific for the community. How do people in the community get information? How do we find out what's needed in our community

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to make people feel safe and feel like they're being treated fairly here? When like 30 years ago, we used to have bumper stickers. Felmouth is nice. Well, nice is good, but we want Felmouth to be fair and welcoming. So I just want to

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suggest that rather than hire a consultant, you have former people who've served on the committee, you have a police chief, you have interfaith groups, you have uh community members and a a commission on disability who could be your consultants, a

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subcommittee could meet with them and find out what it is we need and how to go forward because it's been sitting too long. Thank you for listening. >> Thank Thank you. We will now uh turn to the consent agenda. And as you can hear, I'm a

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little my voice is a little straggly. So I'm going to ask my colleague, Mr. Brown, to read the consent agenda. >> Certainly. So, under administrative orders, consider a vote to approve the petition by Instar Electric Company doing

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business as Eversource Energy for permission to install one handhole 19 179/H2 and and approximately 37 ft of 1 to 3 in conduit in the right of way of Maple Street. This work is necessary to

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provide service to 41 Maple Street. Item two, consider a vote to approve petition of NStar Electric Company doing business as Eversource Energy for permission to install a handhole number 148/3H and approximately 35 ft of 1 to 3 in

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conduit in the right of way of Standish Avenue. This work is necessary to provide service to 188 Cipois Road. Item three, consider a vote to approve a request from Paul Laruso for a variance to sign code 184-32

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off-remise sign on town property for the placement of one off- premise sign at the park at 25 Central Park Avenue advertising pickup basketball Thursdays and Sundays from 5:00 p.m. to sundown to be installed upon upon approval in May

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through October 31st, 2026. Item four, select board acting as trustees of the Falmouth affordable housing fund consider a vote to ex execute a discharge of mort mortgage as holders of a mortgage from Northstar Place LLC 123 Brick Road to form

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Falmouth affordable housing fund dated November 21st, 2019 and recorded with the Barnesville Registry of Deeds in book 32491 page 165. Item five, consider a vote to approve a request for a variance to sign

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code 184-20 variance and 184-32 off- premise signs for the placement of Felmouth Commodore's game day signs and baseball clinic signs until August 14th, 2026. Item six, consider the approval of

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a revised license agreement between the town and US Coast Guard uh Coastg Guard auxiliary for the installation of a radio repeater at the fire rescue headquarters facility and radio tower. Item seven, consider a vote to approve

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and sign a regulatory agreement for the units deed restricted at 120% of the area median income at the affordable housing project located at 464 Main Street. >> Hold, please. Okay. Item number eight, consider a vote to appoint Deborah Aguiar as a member of

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the Falmouth Board of Registars of Voters. >> Okay. Motion to approve. >> All right. Do we have a motion to approve except for item number seven? >> So moved. >> Second. >> Okay. All in favor? >> I I >> Okay. With respect to number seven, doc

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Dr. Boltz. >> Um yes. On page two of the regulatory agreement, I have a concern about um the restrictions we're placing on who can um access the studio and one-bedroom units. As I'm reading it, it says um the 120%

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AMI units uh to be occupied by families must contain two or more bedrooms. And two paragraphs further on, it defines a family quote um for purposes of AML calculations shall mean two or more persons. Um which by my reading means

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that if you have two or more persons living together, they have to be in a two-bedroom or larger unit. I have a somewhat related question that also on page two it says that there will be five apartments of 120% AMI shall be

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one-bedroom units and six shall be two-bedroom units and then the next line says the 120% AMI units to be occupied by families must contain two or more bedrooms. And I was just a little I'm sure there's

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an answer here, but I'm was struggling to find it except if it's if it's exempting families and you don't need a family in the one bedroom. Is that the explanation? I don't know. But it seems to be contradictory. That's all. >> Okay.

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our uh wonderful housing coordinator, Miss Kim Fish. >> Hi. For the record, I'm Fish, the housing coordinator for the town of um Associate Town Council and I have um went back and forth with this, but we

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went back to the original um EOHLC's uh regulatory agreements for 80% and below. This is what they the standard for the state is. So we mirror that. They consider families as being

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multi-person. So they can be in two bedrooms. They don't want to put a family in a onebedroom. >> But we're defining a family as two people, which would mean that a couple could not live in a one-bedroom apartment if they so choose >> or a studio.

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>> I I'm not sure. I'd have to ask Eric what that definition. >> Well, there there are no studios, right? So five is we have five onebedrooms and and six >> uh twobedrooms. So uh I guess the the to my question it would be they would the

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onebedrooms would only allow for one person because it wouldn't be a family. I mean is am I reading that correctly? >> That's how it reads. >> Okay. It's a little confusing. Is that really >> not only confusing but concerning? Yeah.

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>> I don't see how that's enforcable. I I mean, when you purchase a home, they don't ask you how many people are in your family before you can buy the home. >> I've never encountered that in a rental situation where the number of people that you would have in that home would be >> and and the idea that a couple can't choose to live in a one-bedroom

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apartment, especially when what we're trying to do is create affordability for young people seems really >> I think the idea behind family was family with as in with children. So, I think that's >> right. But as it's written, a family is defined as two or more persons, which

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means that a couple can't live in a one-bedroom apartment. >> We can that language that could be adjusted. >> Yes. >> Can we scratch out something there and Yeah. >> still approve it? >> No. >> I think we would have to >> maybe put it back on another agenda,

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council. >> Right. Because this is partially signed. So, we'd have to um re revise and update the language taking in into consideration the concerns that have been raised and then have it be resigned by the other party. >> Okay. >> Is that cool? >> Yes. >> Yeah. Yeah. I mean, it's a great

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project. Uh it really is. We're all excited about that. 464 Main Street and the commercial and the apartments. It's a great project. So, let's not uh let's not delay. >> They're ready. Um they're almost finishing. So, as soon as this goes on record, um they probably will be

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requesting at that point their certificates of occupancy. So, if we can um revise it and hopefully be approved at the next uh select board's meeting. >> Okay, >> be great. Okay. >> Okay. Thank you. >> Thank you. >> All right.

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Moving on to public hearings. Uh a discuss and consider a vote to approve the application by Devour Artisan Eery LLC DBA, the Rebel Room. 291 Main Street, Unit A for an all alcoholic beverage restaurant license,

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Sunday through Wednesday, 5:00 p.m. to 11:00 p.m. and Thursday through Saturday, 5:00 p.m. to 1:00 a.m. A common victual license application has also been submitted. Uh Dr. Goldstone for the public notice. Notice is hereby

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given under chapter 138 of the general laws as amended that Devour Artisan Eery LLC DBA the rebel room has applied for an all alcoholic beverages restaurant license to be exercised at 291 Main Street unit A Felmouth Massachusetts common Vuler entertainment and Sunday

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entertainment license applications have also been submitted. A hearing on the above application will be held at the Falmouth Senior Center, 780 Main Street on Monday, May 4th, 2026 at 6:30 p.m. Comments may be sent to select board atfalmouthmma.gov.

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>> Okay, thank you. Please identify yourself. >> Hi, my name is Anest Hersfield and um if it's okay with you all, I just have a a little something I wanted to read and then I'm happy to answer any questions that you all have. Um, so good evening.

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My name again is Anes Hersfield and I'm here alongside my husband Hollis Hersfield uh to apply for the common victual all alcohol and both regular and Sunday entertainment licenses for our new venture, the Rebel Room. Um, many of you all know us from our seven years at

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Devour, where we've built a reputation for quality and community trust. As you know, we originally planned to um at that location, but when this new space came available at 291 Main Street, which is the old um Bangkok cuisine, uh we

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chose to seize the opportunity. Um allowing us to keep Devour exactly as it is while giving the Rebel Room a dedicated home to thrive. The Rebel Room is a 49 seat restaurant and lounge specializing in elevated small plates

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and craft cocktails. Our vision for the Rebel Room is built on inclusion. Just as we've done at Devour with our vegan and gluten-free offerings, we are bringing that same intentionality to our drink our drink program. We've developed a premium mocktail program alongside our

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craft cocktails because we believe every guest deserves a high quality experience regardless of what they are drinking. In our house, you're never an afterthought. Um, most importantly, safety is our number one priority. We believe in

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consistency and control, which is why we will utilize measured pores for every drink and require every member of our front of house team to be tips certified. Regarding entertainment, we are looking forward to creating a space for a curated culture, a longtime dream that

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is deeply personal for both of us as we are both invested in the arts throughout our own careers. myself as a performing performance artist and musician and my husband as a musician. Um we want the Rebel Room to be a place where our musical friends and artistic community

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can showcase their work. Whether it's my dad who plays flamco guitar, um house uh DJs curating lounge sets, cabaret lounge singers, everything will be selected to complement the experience. Uh ultimately

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we look forward to contributing to the growing artistic and food culture in Felmouth. We want to continue building the vibrancy on Main Street and are excited to bring our seven years of responsible management to this new location. So that's what I have to say.

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>> So I understood you to say that you're not going to change the devour as you were here what three or four months ago requesting that. Okay. >> Absolutely. Yeah. So interesting timing. >> Yeah. Things happen. Yeah, >> Mr. Richardson. >> So, what are you thinking menu-wise?

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>> Uh, menu wise, we're going to be doing uh small plates, tapas. >> Motion to approve. >> I think we I think we need to hear from at least offer. >> Let's see if there's anyone in the audience that would like to speak to this application.

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>> If there is none, yes, ma'am, please come up. Introduce yourself. You can speak here at the microphone if you like. My name is I don't want to get too close. My name is Nancy Dow and I live on um 13 Shore Street right here in

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>> Falma. >> A little closer so people can hear you. >> Hello. >> Is that okay? Um I I would like to speak to the entertainment portion of >> We're not there yet. >> Oh, you're not? Although uh the

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applicant kind of put both together. Right now, we're just dealing with the first application. Oh, I see. Which is the alcoholic beverage. >> I thought because they were put together that you could speak to either. >> We'll give you a chance to speak. Uh, thank you. Yeah. Anyone else?

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>> Um, >> motion to close public. >> Not a motion to close the public hearing. >> I think that was motion. >> Second. >> Yep. Second. All in favor? >> I. >> Okay. Any discussion amongst the board? I think it's a good application. Uh uh

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it's going to add a lot to downtown Felmouth. I agree with Mr. Richardson. Small plates are the way to go. Uh and some very cute names actually in your uh in your menu. So >> thank you. >> We know it's going to be an interesting place. So u motion to approve. >> So so moved.

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>> Second. >> Okay. A motion in a second. All in favor? I I Okay. >> Just very, you know, we're going to go on to the second. I'm going to ask Dr. Goldstone to read the public notice. All right. >> All right. Notice is hereby given under

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chapter 140 section 183A of the general laws as amended by chapter 299 of the acts of 1926 and amendments there too that Devour Artisan Eery LLC DBA the Rebel Room located at 291 Main Street Unit A Fmouth Massachusetts has applied

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for an entertainment license and a Sunday entertainment license. A hearing on the above applications will be held at the Falmouth Senior Center, 780 Main Street on Monday, May 4th, 2026 at 6:30 p.m. Comments may be sent to select board at falmouth.gov.

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>> Okay. Thank you. If you could just explain what the entertainment's going to be, how that's going to work, what kind of music, how amplifi amplification, so forth. >> Um, so again, we're a 49 seat uh restaurant. We're not very big. Um, we're not trying to curate like a club.

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There's not going to be like, you know, when we come to Amplified Music, say a DJ, uh, I'm not talking about like a club DJ. I'm talking about like a very curated lounge setting where it's, you know, specific nights playing

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specific things. Um, I'm also talking about having uh people in the community like myself or my husband performing there. Also my father who's a longtime musician um who's grew up here playing flamco music, cajinjun zidoko music,

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folk music. I really want to create something that is just um a beautiful experience. It's not um it's not loud, it's not rowdy. And of course there will be uh ways to sort of

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monitor that. Um and that's by uh making sure the doors are closed. um not having outspilling in the streets and obviously well not maybe obviously but for me obviously any sort of concerns or things that came up with the town or neighbors

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that felt like it wasn't working I'm always here to comply and work with if if for some reason it was like oh you can hear it but what I'm talking about is not a very like on a large scale we're not a we're very small 49 seats so

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hope that answers row. >> And I just note that on your application I your plan shows that you're going to remove four of the tables. So that's eight patrons less. So yes, >> it'll be 40. So 40 or 41 people during entertainment. >> Absolutely. Um that would be the sort of

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max if we had, you know, like a three-piece person. If it's say my dad in the corner taking up one seat, moving one seat, but always staying in compliance with what we are issued. >> Okay. Okay. >> Any other questions now? Ma'am, you're

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you can come up and speak. >> Well, I'm still Nancy Dow and I still live on Shore Street and I'm very pleased to hear what I've just heard from you. Thank you. >> Absolutely. Um, I've made myself familiar with the rules and regulations

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regarding um, entertainment and I just had a couple of questions and then one concern. Um, my question is about the length of time for entertainment. I know in the application it says from 5 to 1:00 a.m.

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and I'm wondering if uh the select board has any uh restriction that they might want to put on that in terms of the length of time. That's an eight hour um opportunity for entertainment non-stop. So I I was concerned that that was a a

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very long period. So I'm just voicing that as a concern and hope that uh it would respond to that considered. >> Yes. Um so the reason that I put that is because I mean our intention is not to have seven days of music from 5:00 p.m.

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to 1 a.m. That would be a lot for anybody. Uh even me who would be there all the time. It would hurt my head. Um, but it's more so that instead of having to work backwards and say, "Okay, we're only allotted till 10 a.m. 10 p.m., you

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know, if there's a special occasion where we're like, oh, on a Sunday actually we want to go to 11 or 12, then we don't have to come back and get an extra license to do that." It's sort of I put it as a broad

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place because that's how it I mean I I think I'm not exactly sure how it works. I'm sure you guys can make amendments to that. But the way that I had understood it is that it was better for me to just write the hours that it could be happening. Uh not that means that that's when it will happen all the

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time so that I didn't have to sort of backtrack or ask for extra. However, if your license is approved as written, >> then that's possible all of the time. And that >> absolutely, it is possible all the time. And I guess I would just say to that

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that um I've grown up in this town. I am an active member of the community and I uh I I would I just hope that one would trust me and that I promise that I won't. >> Go ahead. Do you have an idea of how many nights you think you'll be doing

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it? Uh right now, at least for the first for the summer, I mean, I'm feeling like probably like two or three nights a week and most likely it probably won't be a Sunday. But I do want to I my main goal also too is to have stuff that is

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consistent at least through the summer that it's like, you know, someone can count that every other Sunday or once a once a month on a Sunday my father's coming in and you can know that the first Sunday of every month there's flamingco. um stuff like that. So, right

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now my plan is I'm hoping for like a Thursday night and special occasions on a Friday or Saturday with the occasional depending on what I can get in. You know, I really want to get someone from Boston to come

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in and do flamco dancing on a Sunday. that depending on who I'm talking to, depending on the city, if I can get someone really great in, I come from a a background of dance that I want to be able to say, "Oh, yes, I have the Sunday available. Come."

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>> And if I could, it's pretty common that the businesses will ask for the the full range of hours to give them the flexibility so that because sometimes they might not have any shows, but other nights they might have a person might come to town and they have an opportunity. And if the night's going really well and people are interested in

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staying longer, it's great to be able to take advantage of that revenue when you have the chance. >> And I was viewing it almost like Liam Magguire's, which is exact it's exactly what they do. You know, sometimes they have people who play and they're not you're not having one band play for eight hours straight either. You know, it's usually an hour or so lull and downtime. I know you get that.

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>> I didn't expect uh eight hours of continue continuous play, but I was also concerned about discharging people at 1:00 a.m. in the morning after staying there for from five o'clock even. Um it just seems like a very long period of a

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time even though I do trust your commitment. Um but what's in writing is what's official, not what somebody tells you their intention is. I I I think on and off over the past couple of years, ever since we've adopted the

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entertainment regulations, we've thought about maybe making some adjustments here or there, and that may be something we want to take a look at uh in a future uh in in a future um meeting, but as for now, it's part of the regulations. I just want to add I think our businesses

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in our community has a really good reputation right now with even the ones that do close at 1, which I mean Massachusetts is kind of known for we go to bed a bit early compared to some of the other um licenses in other states and other places I've lived for sure. Uh and I think we really do have a good reputation with those businesses that do end their entertainment at 1:00 a.m. And

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I think they do keep it pretty respectful even in the even in the summertime especially our main street businesses. And then I had one other concern and that is about the increase in traffic on Main Street which is not particularly

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limited to uh this establishment coming in. But with the um rise in the buildings that have been going on, the increase in uh families that are going to be living leg right on Main Street. I

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am concerned about the traffic. Um and just adding to that at a at a minimum, uh, parking is very limited in the town proper. Um, and this is just going to be another addition to

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it. So, I don't know what considerations or or limitations you're putting on parking. Um, and I would just like to voice that as a concern. >> I think I think in this case we're talking about this is has already been a

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business location. We're not we're we're substituting. We're not necessarily adding and I think we need to keep um our considerations for this license to the impact of of this particular project. Not I I hear your concern on the overall increase in traffic. But >> now I I don't know I'm just asking of

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this question. I don't know if the prior concern had an entertainment license, but entertainment will be a big draw to Main Street. >> And I I never a whole lot of people in the Thai restaurant to be honest with you. So, >> well, I think we're going to, you know, with with respect to people here,

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>> I was going to say with I I I respect your concerns and at the same time, I think actually having uh a culture and entertainment uh establishment of this sort on Main Street that is a draw is specifically the point and that's a positive thing. >> I agree with that. It's just the traffic

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issue. I agree with that. It will be a draw for Main Street. >> Yeah. >> Thank you for listening. >> I'm hoping that more people will walk now that there's more housing close by. you know that I mean there is other parking there. There's the Lawrence the Mullen Hall school parking lot after

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hours. I mean I think there's I mean I think the result of our parking analysis was there's actually a lot of excess parking. It's just that people don't know where it is. So uh you know that's that's a part of on us to let people know where where that is with proper signage. Just a little bit of a walk

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though at 1:00 >> and and but on that >> good for you on on that point >> you get rid of all those calories. >> Yeah, on that point and I won't be here for this discussion. I'm realizing but we did talk about potentially looking at if we could run a shuttle uh maybe in the busier months if that's something

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that the future board could bring up. I'm not I mean I'm not going to be able to do anything if you don't do it but it'd be nice a golf course. >> Any anyone else uh have anything to say about this application? Ma'am, please.

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>> Joanne Tman, I live just a couple blocks away. I'm thrilled to have something like this that I can walk to in the evening at our end of Main Street. Our end of Main Street kind of drops off at Barbos, you know. So, it's a very

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exciting idea and and I really trust them. I've known them for a long time. I've been a customer and I trust that they'll do it. >> So, I agree. It shouldn't be noisy, but uh I think it's a great idea. >> Thank you. >> Okay, motion second

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>> public hearing. >> Okay. Motion in and a second. All in favor? >> I I Okay, >> any further any further discussion? >> I'll just say I'm very excited about this um this project. Um I think the menu looks incredible. I think the

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combination of cocktails and mocktails, especially when we know that um I mean, good on the younger generation for drinking less alcohol, but younger people are drinking less alcohol. So, creating a really wonderful, inviting, interesting spot for all ages to go. I'm

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super excited to see it. So, I would like to move approval of the application. Oh, I moved on to the next hearing notification. Jack, back me up here. Uh, I was going to let you have this one. >> Okay. >> Didn't pull it up. >> Here we go. I think I've got it.

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>> Motion to approve as written. >> Motion to approve a entertainment Sunday entertainment license to be executed. I'm sorry. Uh, and Sun license Monday through Sunday 5:00 p.m. to 1 a.m. Application. >> So moved. >> Okay. >> Second.

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>> Okay. >> Thank you. >> Thank you. All in favor? I >> I >> I. >> Very good. We were all so excited about it, we kind of forgot what we were supposed to do here. >> Good luck. >> Thank you. Do I have another part or Cuz I know >> No, I think you're done. >> Okay. So, it's the common theor

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and the entertainment, correct? >> Yeah. >> Yes. >> Is that not three votes in >> uh I don't believe we actually have seen the common vic license. Just we had the alcohol and the entertainment just now. >> We're dealing with Oh, really? So

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>> h >> so the >> sorry the first vote references both the liquor license and the common victular license. >> So that was what we voted on. >> Okay. Great. >> Okay. >> Thank you all. I really appreciate your time.

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>> Thank you. >> Thank you. >> Thank you. Our next item is to discuss and consider a vote to approve applications by the Falmouth Yach Club, 290 Clinton Avenue for two entertainment Sunday

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entertainment licenses to be executed on June 21st, 2026 from 3:30 p.m. to 6:00 p.m. and September 6th, 2026 from 3:00 p.m. to 6:00 p.m. for the

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public notice. Notice hereby given under chapter 140 section 183A of the general laws as amended by chapter 299 of the acts of 1926 and amendments there too that Falmouth Yacht Club Inc. located at 290 Clinton Avenue Falmouth has applied

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for two one-day entertainment Sunday entertainment licenses to be executed on June 21st 2026 and September 6, 2026. A hearing on the above application will be held at the Falmouth Senior Center, 780 Main Street, on Monday, May 4th, 2026 at

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6:30 p.m. Comments may be sent to select boardfelmouth.gov. >> Okay. Is the applicant here? >> Yes. >> Okay. Please approach, identify yourself, and explain the application, please.

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Thank you everybody. My name is Michael and I am the GM at Falmouth Yach Club. >> Just real I think that mic is off. >> Oh, okay. >> Yeah. >> Um, >> is there a green? >> Okay. One, two.

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>> There you go. Thank you. >> My name is Michael. I'm the GM at Felmouth Yach Club. And as stated, we're seeking obviously uh entertainment's license for those two days. uh June 21st from 3:30 p.m. to 6 pm. Uh and also

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Labor Day celebration September 6 from 3:30 to 6:00 p.m. >> Okay. Does anyone have any questions? Well, >> Mr. Brown, >> in the past, we've had uh concerns from the neighbor that the driveway is often

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blocked when these events happen. And I know it's only two days out of the summer here, but you might come back for more. >> Is the U neighbor okay with this this time? Have you guys worked things out? Because >> Yes. Yes. I I did talk to his mother a

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couple of days ago. So, we're very mindful uh to be uh respectful of obviously his driveway and not um you know upset him again. Right. >> So, I I'm new and I am u we're trying to

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build relations with them and they're invited to the party. >> And my question is, is there not a place on this side of the driveway that would work for you? >> Because it just seems like we're inviting that same problem again. >> Yeah. Uh unfortunately, there is no other area outside. Um that is actually

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the best area possible. >> So, uh it's been done in the past. Yeah. Um, so >> well just be careful of make sure that the guy doesn't have a problem getting in and out or might be >> problematic for us going forward. >> I I do believe we had heard from one of

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the neighbors. Is that correct? >> That is correct, Mr. Chairman. The select board received an email from one of the the well that neighbor who shares that oper uses that driveway, Mr. Okonnell, I believe, >> and his concerns. Mr. venture. Do you

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remember exactly? I mean, just noise, the inconvenience. >> I think noise and potential blocking of the of that driveway access interrupting his use of that driveway. >> Mhm. >> Was it a letter of opposition? I I must have missed that, honestly. >> It was it was an email that was submitted uh with with those concerns.

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>> Yeah. >> But you're saying you've been able to speak with at least the family and try to >> make things better. As a matter of fact, I talked to his mom who came to my office to talk about it and I did reassure her that we'll be very mindful about it and I will be patrolling that

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area and managing all through both days. So, >> okay, >> I hope you give us a chance. >> Okay, >> I have a related question just to make sure I'm understanding kind of the flow of the event. Right. So, um your alcohol license is only for

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inside the yach club building, correct? >> That's right. Um and then the music will be outside. >> The music will be outside and the uh we will be serving in the basin area which is inside the lower level of the club. >> And are people able to leave that that

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the the alcohol then has to stay within that licensed area. Is that correct? >> Correct. Yes. Yeah. >> Okay. >> I think it's mostly the entertainment part that we're seeking. Alcohol alcoholic beverages will be uh well controlled. Just trying to understand if there's going to be a lot of people kind

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of going back and forth, slloshing back and forth between those two areas across that driveway. >> So, >> there will be, but I think that that's always been understood that they can just as long as they don't block the area when they're driving through. >> So, >> thank you.

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>> Okay. >> No dancing with cocktails. >> Okay. >> Okay. Is there anyone in the audience who would like to speak to the application? >> Motion to close. Not a motion to close. >> Then a second. All in favor?

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>> I >> I >> Okay. Any further discussion amongst the board? >> I think there's clearly been an effort to to make things right and it's two days, you know, of the year. So, I would I would move approval. Um I I'll read it right this time.

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>> I agree. It's a it's a fairly short period on two afternoons. Um, and we have a commitment for for monitoring that that situation and building those relationships. So, I would second that approval. >> Motion to approve applications by F with Yach Club 290 Clinton Avenue for two entertainment Sunday entertainment

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licenses to be executed on June 21st, 2026 from 3:30 p.m. to 6 p.m. and September 6, 2026 from 3:30 p.m. to 6 p.m. >> Okay, we have a motion and a second. Any further discussion? Hearing none, all in favor? >> I thank you very much.

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>> Thank you. Our next item is to consider a vote to approve an application from Suncape Cape Sun Cape Cod RV LLC for a license for above ground storage tanks as ESTs for the storage of propane at

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Sun Retreats Cape Cod 130 Thomas B. Landers Road East, Massachusetts. And Dr. Goldzone for the notice. Notice is hereby given under chapter 148, section 13 of the general laws that a public hearing will be held on Monday, May 4th,

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2026 at 6:45 p.m. in the Old Silver Surf Drive program room, Falmouth Senior Center, 780 Main Street, Felmouth, Massachusetts, on the application of Sun Cape Cod RV LLC for a license for above ground storage tanks as follows: 24

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100galon, two 500galon, and six 5gallon propane tanks totaling 3,450 gallons located at 130 Thomas B. Landers Road, parcel ID number 21513000000, East Felmouth, Massachusetts 02536 per

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order of the select board. >> Okay, please approach and and identify yourself and tell us a little bit about the application. >> Sure. Thank you. Good evening. My name is Brian Goa. I am the district manager for the Sun Retreats properties on Cape

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Cod. This started um a couple of years ago. We have routine inspections by Felmouth Fire. Mr. Rivera had uh reached out and said that looking at the cumulative quantity of propane tanks that we have on the property, he felt

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that we should apply for a permit for them to cover that total uh volume of gallons. The reason that we have propane tanks on the property is we have swimming pools and the the larger to the 500galon are there to heat the pools. Then we have

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the 100galon tanks which are at our comfort stations which essentially are restrooms and shower facilities for the campers when they come and stay. And then also on the map that was included there is a storage area for smaller tanks that can be swapped out in case we

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run out you know because people were taking long showers. Uh but that that has always been really the operational model. It was just a matter of recognizing what that quantity was, where the threshold was, and the need for the permit. So, we've worked handinhand with

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uh Mr. Rivera and and Fel with Fire and putting this together, and now this is what this is. Have >> Have there ever been any issues there with respect to the propane tanks and leakage or anything like that? >> No. And again, we're regularly inspected, you know, when we open

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throughout the season. >> Everything is handled. We mostly work with Tasha now, Tasha propane. So when they install a tank, it's permitted, you know, and they come in and they refill it. We we're not doing anything independently. It's all through professional contractors.

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>> Okay. All right. Uh, anyone in the audience like to speak to this application? If not, a motion to close the public hearing. >> So moved. >> Mr. Richardson moved. Second. >> Second. >> Okay. All in favor? >> I. >> Okay. Any further discussion with

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respect to the application? >> No. Seems simple. >> There being none, motion to approve. >> I move approval. >> Second. >> Okay. A motion in a second. All in favor? >> I. >> Okay. Thank you very much. That takes care of our public hearings. Moving on

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to our business agenda and almost right on time for once. >> Yeah, I know. And look what happened, right? We were here until midnight, I think. Uh, okay. This is presentation of employee of the quarter first quarter 2026. Mr. Renaw, tell us about this

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exciting >> I will tell you, Mr. Chairman. Thank you very much. Really excited about this. It's a new program as you all know uh that we just launched. Um purpose of the newly created employee of the quarter program is to provide a process that provides recognition to employees who demonstrate work qualities in line with

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the town's ethics and values and go above and beyond. uh the town employees nominate other employees to be considered for the employee of the quarter. So this is a peer group colleague uh nomination process. The employee of the quarter uh committee and right now there's 13

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members uh meet to evaluate nominations and select the recipient of each quarter award. The selected recipients will receive predetermined recognition and awards as outlined in the attached program guidelines. The employee of the year will then be selected from previous recipients of employee of the quarter

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for that year. Uh for this inaugural employee of the quarter nomination period January through March of 2026. Um there were eight nominees submitted for consideration. It's a new program. Um we'd like to see more, but I think for kind of the inaugural launch of this, it was a great uh a great showing. Uh the

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re review committee comprised of staff staff representatives from multiple multiple departments met back on April 10th to review and uh the nomination materials. Uh Mr. Chairman, select board, it's my distinct pleasure to announce and introduce Miss Barbara Rimsa, town hall front desk receptionist

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and member of the town clerk staff is the town's first employee of the quarter for the first quarter of 2026. Mr. Chair, if I could, I'd like to to read into the record um the letter of recognition that was delivered. We had a nice ceremony last week, Thursday. Completely surprised Barbara and that

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was great. Um, it is my distinct honor to present to you this letter of recognition following your nomination by a fellow town employee to serve as the town's very first employee of the quarter. This new program was designed to recognize employees who exhibit on a daily basis their commitment to excellence and who go above and beyond

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to fulfill a specific aspect of our core values of honesty, integrity, transparency, communication, professionalism, and teamwork. A review committee comprised of fellow employees recently met to review eight nominations, including yours. The committee found that you are an

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exemplary ambassador for the town and consistently exemplify the town's core values, both in your interactions with the public and in your outstanding supportive colleagues across town departments. Specifically, the committee found that you always present a cand do attitude with a very friendly smile and

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that you are always willing to jump in and assist whenever and wherever you are needed. And personally, I've seen that to be true in the three years that I've had the fortune of of working with Barbara. Barbara, you truly are an asset to the town of Felmouth, and your professionalism and friendly demeanor leaves such a positive impression on all

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those that visit town hall. For these reasons, I'm very proud to present to you this letter of recognition as the inaugural employee of the quarter for first quarter 2026. A gift card will be presented to you at a later date. We're still working on that, Barbara, but it's coming. and I will be formally

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recognizing you as I am tonight um in front of the select board. So uh ladies and gentlemen, please a round of applause for Lindsay. >> Barbara, thank you for being here tonight. We appreciate it and congratulations and thank you so much for what you do for the town. Thank you. >> And and Mr. Reno, am I correct that

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there will ultimately be an employee of the year? >> You are correct. Part of this program. >> Yeah. So the the four winners, awardees of the uh quarter, employee of the quarter will be uh would be uh reviewed at the end of the year. Um and ultimately an employee of the year will be awarded. >> Yeah.

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>> A great program, something you've been advocating ever since you got here. Yes, it is a good way to recognize employees again who represent the core values of of the >> you know Mike if I could I just want to say I don't think a lot of people know that Barbara doesn't just answer the phone and say hello when you come in.

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She's uh organizing all the meeting rooms. So if you need to have a committee meeting, you need to find out from Barbara if the room's available. And she's so good at figuring it out and calling you back. She said, "Well, this one might be ready. Let me see when they're going to close." And she just really takes care to help with that. And

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you know, last year I had some extra Dalia and Cana bulbs. And if you remember, I asked you if it was be okay to leave them in the lobby and people could just take them if they wanted them. And I told Barbara and she asked me a couple questions about them. And she says, "Oh, uh, can those stay in the ground in the winter?" And I said, "No, they have to be out." So she put labels

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on them all, what they are. And I didn't know she was going to do that, but I came back later and I saw and each one said, "Take these out in the fall, plant them in the spring." Like I was very impressed. Thank you, Barbara. Great. Again, thank you.

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Okay, we are now going to move on to an update on the steamship authority from general manager Alex Krisa. And again, Mr. Renaw for an introduction. >> Thank you, Mr. Chairman. Is Mr. Krisa is working his way up to the podium. I think he has a a PowerPoint presentation. Um, I want to read uh into

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the record an introduction from Mr. Peter Jeffrey, Felmouth board member and current chair of the Woods Hole, Martha's Vineyard, and Nantucket Steamship Authority. Alex, you're just going to have to listen to this. It's good all. It's all good. Uh it is my and this again is from Mr. Jeffrey. It is my pleasure to introduce Alex Krisa who

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joined the steamship steamship authority a little over 100 days ago as our new general manager. Alex has set a decisive tone, transparent, accountable, and forwardlooking. He has confronted tough truths from the Massachusetts Inspector General's report with directness and

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integrity. led constructive public discussions with port community residents and elected officials and begun the necessary work of reforming governance and oversight systems. Collectively, Alex and I have established formal board level oversight committees. Just 30 days into his

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position of general manager, February 17, 2026 to be exact, Alex clearly demonstrated I'm going to lose my place on this. Alex clearly demonstrated to me that he is a responsive, accountable, and community centric leader. This morning, the Steamship Authority began

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the Steamship Authority board met in Hyannis. Prior to the start of the meeting, I discussed with Alex that I had received several complaints from village residents about the direction, brightness, and glare of the gas powered lights temporarily being used at the Woods Hole Terminal. That very evening

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around 7 pm, Alex called me from the Woodsole terminal to tell me that he was there to investigate the complaints and and that the lights could and would be shielded to cut down on the glare and redirect them from shining towards Woodsole Road. Alex brings not just

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energy but structure and direction anchored in respect for the people who make the authority work every day, many residents of Felmouth. I have every confidence that under his leadership, the steam steamship authority will be more transparent, more responsive, and better equipped to serve the public

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good. Uh, Mr. Chairman, select board, members of the community, please welcome general manager Alex Krisa. >> Very good. I just um I'll just mention that uh we appreciate Mr. Jeffy's uh service. Uh he would have been here this evening, but he was uh up

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at St. Michael's College helping his uh his son move back uh move out of college dorms. So he would have been here. So thank you. >> Thank you. Thank you. Select board. I'm pleased to be here and what Mr. Jeffrey said is all true. Clearly my technical

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skills aren't quite as good. I somehow downloaded the wrong the wrong um uh slide deck. So, that was an article that I saw today and I I downloaded it to read it and somehow I put it on my um thumb drive instead of the the uh PowerPoint. So, I'm going to go with it. You just trust me that this is what I

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can share it with you later. Anyways, so thank you for having me. I'm Alex Kriska. I'm the general manager for the Steamship Authority. I just recently passed 100 days and I'm very excited to be here. Uh I have a great team that I work with and I've told many people that this is my dream job. I'm having the

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most fun I've ever had. And every day I come back to work and say, "This is a blast. I'm having a great time. For all the challenges, all the all the hiccups we might have, I'm still having a great time and thoroughly enjoying myself." Today, you might have noticed that one of our boats went down out of uh

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Nantucket or out of Hyannucket. Our fast boat went down. I had a crack on the back end of the boat. We had to take it to Fair Haven. We're getting that uh some metal cropped out, getting it replaced. Hopefully, it'll be back in service by Friday. hopefully sooner or knock on wood. Um, Steamship Authority,

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as you all know, we carry about three million passengers a year. Uh, something just shy of 700,000 vehicles. Um, we employ about 750,000 750,000 750 people, about a third of which live here in Falmouth. I myself am a Falmouth

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resident. I live down on Woods Hole Road. I just recently uh got an agreement with my landlords that I can stay on Woods Hole Road through the summer and and on in. So, I'm right there in the mix with you. So I'm very pleased to be there. Um the steamship authority it's we're all about boats bs

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births and buses. We run everything from the boats on the that go between Nantucket and Hyannis and Woods Hole and the vineyard. We also own the births that we operate out of and we operate the buses that we we purchase in partnership with Cape Cod Regional

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Transit. Uh the Steamship Authority, we are 100% fairbox uh reliant. It means that all our our ticket sales is what we use to build boats to pay our salaries. We don't get state subsidies or local subsidies like a lot of other ferry operators do which is a challenge and an

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opportunity. We aren't as tied to subsidies so we can do things that you know hopefully that we are a little bit freer to do things but we have to be cognizant of how we spend money. And one of our big things is operating uh efficiently. And that's one of the reasons why they hired me to come in and try to take a new look at how we

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operate, how we spend money, how we build boats, how we manage plans and whatnot. Um, our big recent capital investments include, as you all know, uh, we recently bought we've had nine electric or hybrid buses, which is a great addition. We're trying to get more

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electric buses. Uh, electric buses can be a challenge. As we all know, we're out of power for 5 days earlier this year. So, hybrid is probably the safer bet for us. Uh we just took a delivery of our last freight vessel we had converted over from a uh offshore supply boats and we now have three new freight

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boats, new to us freight boats, and we are in the process still still of uh building our terminal down in Woods Hole, which we're getting close to finishing. uh the OSV project, the offshore supply boat project. Uh we're getting ready to start a hot wash on

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that. Um there's been a lot of questions internally, externally from the OIG and whatnot about how that project went and how successful it was. So we are reviewing the entire project, going back to all our board minutes, all our plans and taking a look where where do we make

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good decisions, where do we make bad decisions, where can we improve for the future because we do need to start planning for the next round of votes. So, we want to make sure we knew we know how this last round of boats went. So, then we build new boats because our boat in Antucket's 53 years old and she's

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going to need to be replaced fairly soon. U we want to build new boats, hybrid boats, boats that are much cleaner than the boats that we have now. And to do that, we need to have a really tight ship, pardon the pun, and our finances and make sure we know how we're spending our money and we're doing it thoughtfully and with a good eye towards

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the future. The big project I know you all mostly interested in is the Woods Hole terminal project. Uh we've taken uh ownership of the utility building. We're looking forward to taking ownership of the actual terminal building come June, middle of June. Uh we're racing. There was in the paper the other day. They

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were racing towards the finish line. Uh it's kind of amazing to look at the pictures. We get pictures every day of how things have changed and how things are being improved. One of the big things we're waiting on now is the glass canopies that are go going up around the uh around the outside of the of the building. Those are in New York City. I

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understand they've been delivered in New York City. They were manufactured in Turkey and we had to get them shipped over. So, we should be seeing those in the next couple weeks. We're getting furniture delivered this week. So, it's all kind of happening there. I'm going to look forward to welcoming you guys all to an open house we'll have sometime

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soon before we do the official opening. Uh this is the second of three phases. The first phase was fixing the uh the births. The second phase was the building. The third phase will be the grounds around the around the building. And that won't start until sometime in the fall, maybe a little bit later.

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We're working with DPW here in town to make sure we have the layout of the grounds done right so that we can manage and mitigate the traffic issues and further into the traffic. We understand, you know, we're getting ready to announce our new schedule for 2027. Uh there going to be questions there on our

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530 boat. We're doing our best to make sure any early arrivals um are addressed and we will be punishing those. I hate to use that phrase, but people who come in early, they will be subject to losing uh future reservations. Uh again, I'm

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working closely with DPW, met with them last week. Uh we met with Forth PD. I started attending the traffic advisory committee. I will be attending those on a regular basis to make sure that we keep our side of the fence clean and we work in conjunction with the fire and rescue and and the police department

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down there to make sure everything works goes smoothly. We're looking at hiring more people down in Woods Hole so we can mitigate traffic as much as we can. Uh and finally, I've also met with the bicycle and pedestrian committee. I think I'm on their agenda for next month. Hopefully, I am. I was supposed to be on it this month, but I have to

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leave town tomorrow. Uh again, as I said, I'm trying to be as transparent and as open and as available as I can be. And I welcome if anybody has any questions or wants to meet for coffee or take a walk around the site, I'm available. Again, I'm leaving town tomorrow. I'll be back on Sunday. My

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son's graduating high school, so I got to leave for that. But I otherwise, I'll be around. My email address is on the website, akrisa steamshipipority.com. So I'm welcome to meet with anybody at any time. Thank you very much for having me and I look forward to a great summer season.

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>> Thank you. One one question, Mr. Griska, if I could put you on the spot. >> Sure. >> Um, you know, when Mr. Davis was here maybe six months ago uh as a good sign and you being here uh and what you've done in the past 100 days has really uh made a big difference in how people

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perceive the the steamship authority. Um and I think in conversations you have uh indicated a willingness to have some type of a community forum where people can ask questions in a group and you can respond bring your staff to respond. So

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will you commit to being able to do that? >> Absolutely. Yeah. I was actually just saw this weekend I saw on LinkedIn that the director of the Washington State Fair they do it twice a year they have community forums and I immediately sent that link to Peter and say we have to do this. We have to do this sooner rather than later. So, yeah, I will commit to

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having one um before the official summer starts. So, in the next several weeks, I will work with Sean Driscoll, our our media, our communications manager, to get one on on the books and then again have one at the end of the summer, kind of do a recap of the summer. And absolutely, I'm 100% willing to lean into that.

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>> Okay, Dr. >> Um I would first of all like to reiterate um and add to Mr. Renshaw and Mr. Mscali's appreciations thanks to uh Mr. Jeffy's efforts. I think uh most if not all of us have had a chance to to meet you and spend some time getting to

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know you. Um which was really appreciated. You showed up at town meeting. Um also very appreciated. >> My apologies for sitting in the wrong spot. >> You're a newbie. We'll we'll forgive it. Um uh you mentioned moving into phase three

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in the area around the building and I believe there's a traffic study or review. Can you just say a little bit more about what that process is that's ongoing right now? So, we did a traffic flow within the terminal and that was trying to make sure that we had space to for trucks and cars and buses to move

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around within the terminal. Now, we're working with DPW about there's a curb cut on Railroad Avenue. So, we're working with them how best to to mitigate traffic going in from both sides or coming out from both sides. How how what's the best way to do that? So, we we met with them last week with our

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architects, our builders. Um they came they had questions for us. We're going back to do do some more drawings. will bring those back to them. So, we're in the process of doing that, trying to trying to minimize the backups wherever they lie. >> Okay, Mr. Richardson. >> Yeah. Again, not not to, you know, keep

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echoing, but to to echo um you know, thank you again for your commitment to transparency, especially that last sentence. You know, uh we didn't really get that commitment at the last uh meeting. You know, here's my cell, here's my email, here you go. Uh and that's really a nice change of pace. And you know, we get the emails from folks

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with concerns and you respond to to as many as you can and I really appreciate that because we we didn't necessarily see that in the past. Um, was this is a a question and also thank you to you and Peter. I know you've reached out to all of us for meetings individually as well which I really appreciate that that tailored approach too. Uh, this is a

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question that is uh from a constituent which I I I kind of understand. Is is there anyone who kind of serves as a point person or if you could consider like a port liaison um directly to each community? I don't know if that's a part-time role or something, but if there's some kind of infrastructure in place for that cuz you know this is

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there's a lot as you know community relations involved with this. So I was wondering if there's you know what you think on on that idea. >> Yeah, I had that question this weekend. I had the same question this weekend and it's something we can look into. We don't have a a community liaison per se. We have the port council members for

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each location. Uh most of them have full-time jobs already. We have our board members who also have full-time jobs. I know I've been out and about at many both the islands quite a bit and I'm going to try to be out there as much as I can. Um, and you know, one of the things I was talking today about HR is we're going to have little pop-up

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barbecues at our various locations predominantly for our staff, but like in Woods Hole, I'm going to invite I see you out there, Katherine. I'll be inviting Katherine. I'll be inviting Nat to come down on those things just because we will have I will be there. May our director of HR will be there. May our director of communication things

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to talk to people about. we're those are kind of things we're going to do. But yeah, I'd have to look into a community um organizer kind of role and I'm not sure how we can do that. But >> thank you. >> Again, that has to be within the budget. >> Okay. >> I'll just echo the other comments and say, you know, you've stepped into kind

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of a challenging role and you've taken it head on and you've answered emails directly and I really appreciate it. So, >> thanks. I think we're off to a great start. >> Appreciate it. Thank you. I I I realize and acknowledge that there are people here in the audience uh from from Woods Hole who have been you know monitoring

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what's going on on the Steamship Authority. Uh I envision this as being a meet and greet and not necessarily uh you know an opportunity to have any uh you know questions and answers. Of course if you want to take some questions that's that's fine. Uh but in

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light of your commitment to have a uh you know community forum, I think that's a you know a more efficient and uh and more productive way of of airing these concerns and having the community be able to speak. So >> thank you. Thank you for that. >> Okay.

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>> No, I'm happy to answer questions, but yeah, I think the community I know you guys have a packed agenda. We do have a packed agenda and we're trying to keep to it uh this evening, but if someone has a very target targeted and specific question, um you know, we certainly Mr. Chris could be happy to answer one or

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two of them. Okay. >> Yep. Okay. Mr. Trumbo, >> could you describe briefly what steps you're taking to advance the decades old dilemma of how to

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open a new Bedford freight route? Uh we are we actually have already t spoken with we've spoken with sea streak who currently has the license to run passenger service out of New Bedford and then they have a travel uh travel lift there where they actually could if they

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had a freight vessel they could run freight. Uh we've also spoken with um Foss who own the the the wind farm dock there that currently isn't being used for wind farm uh stuff. So, we're working with both of them trying to figure out the best way to do it. And that's something we're active. Yeah, we

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we're taking a second, third, fourth. I'm not sure what how many times has been looked at before. It's the first time for me, but we're taking a hard look at that. And that's it makes sense to do something out of New Bedford. So, we are we're working down that. Okay. >> That's just one I would just recommend.

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You know, I used to work uh for Senator Fernandez. That's one I would lean help with on the legislature one because I know Representative Moley has had conversations with uh some of the new Bedford reps. So, kind of get you more up to speed on on that one and what's happening there. >> Yeah, we're working. So, our port

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council member uh Gordon Carr works for the for the port into New Bedford. So, in conjunction with him, we met with the FOS people a couple weeks ago after the last board port council meeting we had up board meeting we had up there. Uh and we're in contact with Sea Streak as well. So, we are we're working through

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that. I think it'd be great. I think it'd be a great addition. >> Okay. All right. All right. Thank you, Mr. Chrisa, >> thank you. >> Look forward to seeing you again. >> Thank you. >> Thank you. >> All right. Uh moving on to uh consider a

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vote to appoint Elizabeth McGawin. McGawin as temporary town clerk. >> Mr. Mr. Renro. >> Did you say Mr. Krenshaw? >> I I almost said Mr. Cro. Yes. Thank you, Mr. How many times. I've almost said that.

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>> Thank you, Mr. Chair. As you all know, uh Mr. Michael Palmer is retiring from the town clerk position effective May 29th. Uh so not too far from now. Uh state law provides that when an elected town clerk position becomes vacant, the select board may

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appoint a temporary town clerk to serve until the position is filled at a town election. The town's in the process of seeking approvals to change, as you also know, uh the town clerk position from elected to appointed. Until the town charter change authorizing the town clerk to become an appointed position is

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approved, the position is governed by the procedures applicable to an elected town clerk position. Uh, Mr. Chairman, in select board, pursuant to Massachusetts general law, chapter 41, section 14, select board may appoint an individual to serve as a temporary town clerk when the town clerk positions

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vacant. Once the charter change is approved, uh my office will solicit applications for the appointed town clerk position. Following typical hiring procedures and processes, the town manager's office will make an appointment subject to select board affirmation. Should the select board accept my

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recommendation to appoint uh Elizabeth Lisa McGarin, am I pronouncing that correctly? Uh who goes by Lisa. There's a note here for me. Uh to the temporary town clerk position. the assist the assistant town clerk position will not be backfilled until the town clerk

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position is filled on a non-mporary basis. This actually would allow for Lissa to return to the assistant town clerk position if another individual is appointed to the town clerk position following the town manager selection process. Um so all of that being said, Mr.

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Chairman and Select Board, it's uh my recommendation that the select board appoints McGawan to serve as temporary town clerk effective May 30th, 2026 until the position can be filled on a non-temporary basis. And I'd be happy to answer any questions you might have. I

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may also mention I was remiss that Lisa has been with us and doing an outstanding job in her current role since February of this year. >> Okay. Uh did we get an email today from Mr. Vieira? Was that on this this bill that was moving its way through? I think

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I I think we >> I did I did see the email, but it was a busy afternoon. Didn't >> I do think it's certainly moving forward? I think it it's you know up to the Senate or something like that out of the House. Okay. Uh do we have a Where

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did Mr. Richardson go? He's gone again. >> Crowd control. >> All right. Well, I think we have three votes here. So, uh, you know, does someone want to make a motion? >> Uh, motion to appoint Elizabeth Lisa McGarin to serve as temporary town clerk

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effective May 30th, 2026 until the position can be filled on a non-mporary basis. Um, I'll just note that I have, uh, personally seen Lisa out with Mr. Palmer multiple times, uh, learning the ropes, both of them working very actively to make sure that, uh, she's up

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to speed and ready to go on May 30th. And I'm very confident that we're in great hands. Yeah, and I just want to echo second um and I just want to echo, you know, as a candidate running for office, um I got my signatures back, uh under 24 hours, so very impressive.

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Thank you so much for the work you do. >> Okay, she's got Michael's seal of approval, so I think we're good. >> Yeah. Yep. Michael's very very favorable. So, we have a motion and a second. >> Yep. >> Uh any further discussion hearing? None. All in favor? >> I. >> Okay.

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>> Welcome more permanently now. Thank you very much. All right. Okay. Very good. >> And thank you for all the support you have given me since I started. I really appreciate it. >> Okay. >> But we have a great team. We have

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Barbara. >> You think you have 22 years in you for this position like Mr. Palmer had? >> I don't know. >> Okay. >> That's a that's a big commitment. >> Okay. All right, >> congratulations and thank you. >> Welcome.

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>> All right, our next item is to discuss and consider a vote to approve a revised ICE position statement and a letter to federal representatives concerning ICE operations. Um, Mr. Reno, and then I'm going to ask Dr. Goldstone to uh explain

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how uh how we've gotten here. Um you know but I was thinking uh you know this morning actually for a generation that many of you don't know uh today May 4th uh 1970 uh represented 56th anniversary of the murder of four college students

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at Kent State University and and and the injury uh to many more. So uh you know this problem we've been dealing with this problem in this country for too long. Uh but uh I think it's certainly um iron ironic is not the right word but

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dealing with it tonight. So I just wanted to make note of that. >> Mr. Renro. >> Thank you, Mr. Chair. Uh just background summary. Uh back in June of last year, the select board adopted an official position statement concerning ICE and immigration enforcement. Um a copy of

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that uh prior uh uh position statement is attached to the packet. As you all know, much has changed, as the chairman just mentioned, both locally and nationally since last June. And there's a need, we believe, to adopt a revised position statement concerning ICE operations and enforcement within the

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town of Felmouth, as well as a policy statement regarding um oh, I'm sorry, um as well as a uh letter to our federal delegation. Um, and I understand that um, Vice Chair Goldstone um, had been working, I think with Select Board member Richardson on some revisions uh,

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to last June's uh, position statement. >> Thank you. Um, yes. So, we've uh, this is now the second round of revisions, uh, we certainly noted that with all the everything that had happened uh, since last June, it was due to be updated. We did a round of revisions uh, came back to the board and there were a few more

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suggestions. So, the red line version that's currently in uh the packet uh is uh what we're bringing back to the board after Mr. Richardson and I got together, took into account um the input of of all board members. Um the wording is not

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necessarily exactly what any one member uh handed us, but trying to to um encapsulate as much as possible of the different uh requests. And um notably uh this version does uh reference the uh

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vote that was taken in the policy that was established um at our previous discussion uh that uh town property uh can't may not be used uh for uh staging or execution of enforcement actions. So that that policy is

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reflected um in this statement. And Mr. Mr. Chair, I don't know if you want to take the policy statement and the letter to legislators separately. Um they're uh obviously related um and the language is quite similar. Uh but um I do think separate issues given that this policy

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statement is essentially intended to communicate um to our community uh where we stand and how we are approaching this issue and the letter to our legislators is um a very direct request for action. Uh Mr. Richardson, you have anything to

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add? >> No. After this discussion, I do have uh two policy uh suggestions and questions. Uh one related to the enforcement of the policy we just passed and another as a different policy. Um but happy to handle that after this discussion. >> Mr. Brown, I know that you have

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expressed some >> well I I feel like >> the current statement >> I'd like to include the same language I asked for last time really which is um in paragraph 4 where you start off we do not dispute the rights and responsibilities of federal officials to

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enforce the laws of our nation. I'd like to insert as I previously suggested and requested we welcome the collegial sharing of information and cooperation between federal and local agencies. That's been the practice for many years. If federal immigration authorities possess possess judicial warrants for a

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person or persons that may be located in Felmouth loca uh local authorities may collaborate in the apprehension of such persons. In addition, we request notification from federal agencies of their intent to operate in Felmouth. That's that's all I would like to add.

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The reason I would like to add it is because, you know, Falmouth, as I said last summer when we talked about this, we used to have a dedicated liaison to federal authorities and I believe the sheriff's office did too. I think those

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uh communications may not be as robust as they have been in the past. And at the last uh Cape Islands municipal leaders meeting up in um I think it was Yarmouth, we had three police chiefs in attendance to tell us share with us

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their experiences in dealing with ICE and uh federal immigration authorities. And the one thing that they wish they had more of is cooperation and communication. They would love to know when federal authorities are going to be operating in their town.

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And sometimes it happens, sometimes it doesn't. But if they have a perception of a town that is combative and non-ooperative, they're not likely to be sharing information. And I don't feel like we're

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weakening in our weakening our position. I'm not opposed to any of the other language in the letter. I just feel like it's important that language like this, it doesn't have to be exactly this, but something like this needs to be in there to make it clear that we're not adverse

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to law enforcement, whether it's local or federal. So, I I feel it's important. >> Thank you for that. And I I do um I think that there are a couple of places in this current draft where we attempted

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to reflect in particular your concern um that we make it clear that we're not opposed to law enforcement. Um you know we do say outright we do not dispute the rights and responsibilities of federal officials to enforce the laws of our nation. Um, also the final point um, in

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the the kind of list of four, Falmouth Police Department does not enforce federal civil immigration law, but rather focuses on protecting the safety and well-being of all members of the Falmouth community regardless of immigration status. Falmouth Police Department collaborates with federal law enforcement agencies as appropriate for

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criminal enforcement matters. And that language was added um, as a result of of your request. And uh just to reiterate again, the the language describing um the police department's uh practices uh

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was reviewed by um Chief Lori and and is um and he he felt it was was accurate. Um if you would like, we did have in the original draft from last June um a sentence saying that we strongly encourage the collegial sharing um of information and notification of law

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enforcement, local law enforcement um about activities. And so if um the board would like to see that added back um that is you know something that we we could add back um to this >> I would like to I think it's something that's missing.

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The only thing I would say on that then is I'd like a sentence on um if I is infringing the rights of our uh citizens or uh whoever that um the town of foundmouth uh police uh will be uh do

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their their duty to to stop uh because there's one thing about sharing information in that but if they're you know doing some of the horrible violent things they have about them I think the found police has a right to to interfere. Well, I think that's a matter for the police to determine. And honestly,

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they don't really have a right to intercede. They can deescalate. They can do their best professionally, but I don't think that's something that we can dictate what they're going to do. >> I I know that there is um and rightfully

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a lot of concern about uh the phrase sharing of information in particular if that information is going in two directions perhaps. um language. So in the fifth paragraph, one, two, three, four, five, um we could add a statement

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um making it quite clear that we are requesting that federal officials um alert Fmouth Police Department um to their activities um or to plan activities to make it clear that what we're looking for is a heads up for our

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police um to be aware if um if there are going to be immigration enforcement um actions and and Mr. Brown, like you, I have heard from uh local law enforcement that knowing that they feel would help

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them better protect public safety to be able to um know in advance if there is going to be uh disruptive and potentially problematic activity in town. >> Exactly. But they they also have to feel like they can trust the local authority.

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And maybe it should be more clear that they're only notifying the police department. We're not asking them to notify us. Maybe that should be clearly defined because that's the only one who's going to be notified is the the chief or the liaison or whoever at the police department. They're the only ones

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who really need to know because it is privileged information and we don't expect to get that information personally at this board. U I'll just u mention some of the um some of the u suggestions that some of

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the suggestions that I had u in in particular uh with respect to paragraph three starting with the term have at times demonstrated uh I would modify that a little bit uh to say in

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the course of their employment have violated certain individuals constitutional rights and have put many in fear for their safety. These actions have resulted in an atmosphere that runs counter to Falmouth's stated mission uh

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and and values. uh you know without minimizing uh the terrible things and the the deaths of the two individuals in uh you know in Minneapolis I think um I think a statement disregard for human

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life uh may be u you know a little uh a little more than it more than it is. I mean, it's terrible that it happened. Uh, but, you know, that was, you know, my suggestion that I thought that that language would would cover what we wanted to cover and be maybe a little

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actually a little more accurate as to what's happened. >> I I am okay with the first part of your amendments, but I just want to read um in the first four months of 2026, there's been at least 18 deaths in ICE facilities and another 31 in 2025.

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that's not including the two protesters that you did mention. Um, so I think that that is not only accurate but important at this moment in our history. You know, kind of to your points, Doug, we're dealing with an irregular part of our history where, you know, the sharing of information and stuff is this is not

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how it used to be. And you know, sheriff the sheriff Buckley will be the first one to tell you that too. Um, and that's why I think the language, the way that we wrote it while recognizing the the two suggestions you guys make, I think that's one where it's there's a clear line in the sand. You know, trust is a two-way street. Um, and when we're not

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when we're seeing what we're seeing, uh, I don't feel comfortable removing that part of langu the the language. Um, because there has been a clear disregard for human life. >> I would amendable to the other suggestions. Yes, >> I would I would agree um with that and

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um with respect, Mr. Chair, I think when when Mr. Richardson and I um discussed this, we felt that it was uh the consensus of the board um that this stronger language was appropriate. Um obviously, we are um missing one member and Mr. Brown, feel free to to weigh in.

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But yes, given um the number of deaths um at the hands of uh immigration agents and in immigration facil immigration enforcement facilities. Um I do think um that this this language is is appropriate.

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>> I'm not opposed to the strong language. I just want to make it clear that like you said, it's a two-way street and we're not opposed to removing criminals from our town. >> So, yeah, people with a Yeah. And I'll just echo people with a judicial criminal warrant for whatever it may be.

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Absolutely. I 100% agree with you. >> Okay. I I I will say that I I I viewed what happens in detention facilities to be somewhat um you know not specifically ICE necessarily but uh but other people

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who are responsible for those facilities and the safety of the people in those facilities and that's where I was coming from. But you know I think we want to just get this get this done uh as as best we can. Do we need to bring it back or can we agree to make some

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modification? >> Can I ask um do we have consensus on adding a sentence to paragraph 5 that says um we strongly encourage um the collegial sharing of information and

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request that federal officials um uh give notice to local law enforcement in advance of uh operations in Falmouth. I would like to do that and I would also like to add further language to indicate that if they have judicial warrants that

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we will respect that and it doesn't have to be exactly the language that I shared with Mr. Mitscali and Mr. Renshaw, but I feel like it should be just a little bit more than what you're saying. What if you started that sentence? >> I was just going to say what if you started with that sentence >> collaborates with federal law

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enforcement agencies as appropriate for criminal enforcement matters. >> That's that's what I was about to say. >> Yeah. Okay. Okay. Well, that's still good. >> I just didn't want it to be like at the end an afterthought. Okay. >> I wanted to be clear that we're not completely opposed to their work, but we

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want it to be done right. >> So, if that sentence were moved up to paragraph 1 2 3 4. We do not dispute the rights and responsibilities of federal officials to enforce the laws of our nation. FPD collaborates with federal law enforcement agencies as appropriate

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for criminal enforcement matters. However, it essential that um this be done in ways that uphold and go from there. >> Okay. >> Yes, I'm cool with that. I'm cool with that. >> Okay. >> But I still think we should reddraft it and bring it back. Let Colin have a look at it, too. It's pretty important.

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>> I think that's the best way to handle this. >> So, you can get it done. >> Okay. >> Yeah. But we'll get it done before Mr. Richardson's last uh last appearance on May 18. I will I will have a uh a revised clean draft um for the board to review within a couple of days.

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>> Thank you. >> Okay. Thank you. >> Moving on to the letter. >> Anybody have any serious objections to the letter? >> Don't have any objections to the letter. >> Motion to send the letter to Cong Congressman William Keading and Senators

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Marky and Warren. Is that the way to do that? Is that >> Yes. Yeah. Second. >> Okay, we have a motion and a second. All in favor with respect to sending a letter. I >> Okay, very good. Thank you. >> Um and then so

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>> Oh, yeah. You had two other comments. >> Thank you. Two other comments. One, I'm not sure we have the authority to. So, kind of town council, this might be a question for you. I've seen other cities um institute uh prohibiting ICE from areas of schools, religious properties,

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places of worship, hospitals, doctor's offices, urgent care centers, and community clinics. Do we have the authority as a board to do that? One. Um, and two, is any of that already instituted under existing laws? And then secondly, on the policy that we did adopt, um, I've also seen cities that

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have adopted policies that mirrors ours that also just provides signage. And I was wondering if we could provide signage, uh, you know, basically it just says immigration is trespassing and does not have the right without a judicial warrant to access town property. I'd like signage in place for that so our community can can feel safe. I'll I'll

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wait for council's opinion. I I think with respect to the first point though there is legislation moving its way through the state legislature that I do think has that that authority with respect to u you know schools and

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medical providers and so forth. I >> question whether we have that authority. Uh so as to the first question um the school committee would have authority over the schools in the town of Helmouth. Uh the public schools

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certainly um and I uh do not think that we would have the authority to issue a bylaw concerning houses of worship, etc. Anything private. Um, but I agree that we should keep an eye on the state

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legislature that's making its way through because that might be informative and it might um shape the conversation about uh whether the policy that the town has can or should be amended. And then you had a bunch of other questions. And

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>> so one question >> Oh, signage. >> Yeah. But before that then I'd like another thing Jack is adding before he's off the board on our next select board agenda when we talk about ICE I would like to send a letter of support to Senate President Karen Spila uh on the protect Act which does the

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>> too close to the mic >> which does what we um just described. Um and then yeah the question was on question was on signage related to the policy that we did adopt. >> So we can certainly put signage up. Um I

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w I recommend however um that we be judicial about where the signage is. We have a lot of property and a lot of available space. Um and I don't think that every every quarter of an acre that random lot

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that we have needs a sign, but maybe some bigger spots that might be something that's a good topic of discussion where signs might be appropriate if at all. >> Thank you. Then I agree. I don't think the select board approved too many of them. >> So that's a a future agenda item.

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>> Yeah. >> To discuss where signage would be placed. >> Yeah. As well as the letter support to Senator on the protect Act. >> Right. >> The bill already passed the uh House of uh representatives. >> Okay. Moving on to the next item to

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discuss and consider a vote to endorse the local initiative program application from Falmouth Housing Trust, Inc. for the affordable housing project located at 21 Feeasant Lane. You want me?

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>> Hi, I'm Kim. I'm sorry. I'm Kim Fish, the housing coordinator for the town of Falmouth. Laura, you can stay up here. I'm just giving a brief introduction. Don't scurry away. >> Two more minutes. Uh, I just wanted to give a brief uh

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introduction to um this local initiative program application and the acronym is LIP. So, you'll hear that thrown around. This property was part of the RFP process uh that the town issued for disposition of town owned land for

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affordable housing and um it came before the housing development working group for the lip application. It gave a positive recommendation to the town manager. The town manager gave a positive recommendation for the select board um for Famouth Housing Trust's LIP

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application. And uh I'm going to introduce Laura Moahan, the executive director and in-house counsel for Falmouth Housing Trust, and she'll give the presentation and uh the details of her plan.

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>> Thank you. >> Thank you, Kim. Thank you, Kim, very much. Um good evening, everybody. As Kim said, I'm Laura Moahan and I am the executive director of the Falmouth Housing Trust

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and we are here um as in with the start of our permitting process for this one home at 21 Feeasant Lane. Um we're seeking endorsement of the LIP application to HLC because that is a requirement

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um from of the of the HLC um for the town to endorse the application. Um we are looking for uh one home and it is uh to be sold to a household at or below 80% of the area median income. It is in

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an existing developed neighborhood of Feeasant Lane in the Davisville area of town. And this is a map showing that uh location right pretty much in the center of the map. You see a yellow highlighted square which is where the property is

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located. And here is a a better version of um classic infill development. So, one lot there that hasn't been built on and uh houses all around it. And um the lot size here is comparable

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to the neighborhood lots. Um there are 36 existing houses on Feeasant Lane and the property is within walking distance of employment, recreation, schools, and services. So, the lot is around 11,000 square

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feet. Uh, it is relatively flat topography. There are existing utilities. Feeasant Lane is an improved public way. We're not in a water resource district. We are not in a flood zone. Um, and we are not aware of any

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wetland resource areas or buffers on the site. And this is uh are some Google photographs of the street on the left and on the right uh roughly the street location of the property itself.

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The home that we have proposed to build under the RFP, um, which the housing trust was awarded by the town, is a three-bedroom home, two stories, two full baths, 1551 square ft of finished living area, over two stories, and an unfinished

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basement, um, backyard deck, yard area, and wooded buffers. And the photograph here is a photograph of what the house will look like. We have very low lot coverage. Um the 20 20 20% is the maximum. Under zoning

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we're proposing about 9.5. Overall lot coverage again 40% is the maximum and we are proposing um around 14%. And we have a photograph here of the kitchen. And we do this just to show you

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of the quality of the construction through our contractor Clansancy Construction and also Crane Appliance who supplies all our appliances. Um so everything is high energy efficiency appliances uh high performance heat pump

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and AC uh windows, LED lighting, water conservation measures as well. We um are employing a visitable interior layout for the home, which means that the exterior door on the first floor

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will be widened for wheelchair access. And the first floor bathroom will have wheelchair access and wheelchair accessibility. And what that means is that it is visitable by somebody in a wheelchair, but it also means it could be modified

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if um a person who was living there permanently in a wheelchair. that those appropriate modifications could be made. Advanced treatment septic system, solar ready, EV capable. And this is the site plan for the

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proposed home. Um, locatedating it roughly in the center of the property, two parking spaces off pheasant lane, the septic system on the right side, um, drywalls controlling roof runoff. We have shown vegetated buffers on both

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sides of the property, which is something that the neighbors um have um been concerned about and um came up at our neighborhood outreach session last week as well. So, we are going to employ um vegetated buffers on both sides to

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preserve some of the vegetation on the property. And these are the elevation plans. They are in your packet. The building height is about 25 ft. Um these are again elevation plans of

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the sides and uh rear of the dwelling floor plans for the first floor and the second floor. And I'm just going to go to this page because it gives you a better idea. The plan on the left, the first floor, you'll see the circle in

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the bathroom. That's the visitability um dimension um that allows for that and the widen bathroom doorway. and second floor, two bedrooms, full bath, first floor, um a master bedroom and a full bath.

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And so we have standing under 40B for this permit as a nonprofit taxexempt housing developer. We do have site control u by way of the land disposition agreement with the town. Um and um we are applying to HLC for our project

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eligibility approval which is required to apply to the zoning board of appeals. So there will be a public hearing at the zoning board on this project. Um all neighbors or abutters within 300 ft will get formal notice of that u proceeding.

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These are some development costs. This is all in the application for um in the LIP application, the site work and the utilities, the construction costs and the soft costs. And the whole the proposed sale price is 285,000.

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Again, it's an 80% area median income buyer. So I've given some numbers here on what that means for a family of five which might be appropriate for this home with three bedrooms around 115,000

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maximum. Family of four is 106,000 and family of three is 96,000. So, because we have a median income in Falmouth or in this county of $121,400, that's the median supposedly the median

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income for the county. Um 80% of that is relatively high income and it's really uh work working families workforce income. The housing production plan recommends 80 units per year for the SHI and this

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unit would be eligible for the SHI. the zoning bylaw waivers. There are only two waivers uh needed. One is the 100 foot average width for the lot and this lot provides 95 and one is the uh minimum

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lot area. Again, 40,000 square ft is the current required lot area size, but I've given you examples here that many of the lots uh on Feeasant Lane are actually well under um that because they're older

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lots. It's an older subdivision, so the lot size is very comparable to what's in the neighborhood. Um, development standards, um, allowing for infilled development in residential areas. Um, encouraging multiple housing opportunities, accepting responsibility

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for providing housing for people of all stages of life and levels of income. So, those are our LCP standards. and your funding priorities, which I know you know very well. Um, creating housing that's uh compatible with the

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neighborhood, meeting the target population for low to moderate income households, uh, providing housing for three-bedroom um, larger families, firsttime home buyer housing, and providing workforce housing at 80% AMI.

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So, the project does support the implementation of local and regional housing plans. and the affordable housing committee has also reviewed the application at a public meeting and has given their support for the project. So those are my comments. I'd be happy to

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answer any questions. >> Um I I know you mentioned that you're going to be going to the zoning board of appeals and notifying of Butters. Have you received any preliminary concerns, comments from from the neighbors that you think are going to be, you know,

404
01:53:16.239 --> 01:53:31.840
difficult going forward for for this application? >> No. Um we did have a community outreach session as I mentioned last week. Um we'd had uh one a butter um on the right side of the application that actually

405
01:53:31.840 --> 01:53:48.480
felt good that there would be a home there and was supportive um of the application. Um the the only real issue that I've heard about is the fact that it is a wood wooded lot in the neighborhood. Um and the comments

406
01:53:48.480 --> 01:54:05.440
focused on maintaining vegeta vegetation. So we we knew that going into the concept plan when we responded to the RFP. Um and that's why we proposed the buffers on both sides um of the lot while trying to give the

407
01:54:05.440 --> 01:54:23.679
homeowner some yard in the back. Um and I've told the neighbors that participated in the info session that we would be um recording a plan with a deed restriction as we've done other project showing this buffer strip um on the plan

408
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that it would have to remain naturally vegetated. So that um uh was the the discussion point for the most part in that info session. Um, and that will carry through to the zoning board, I expect, as well.

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>> Okay. Thank you. Anyone else questions? Just Brown. >> I'm just curious, and I didn't read in detail, or maybe I wouldn't have to ask this, but I don't understand how you can get a house that's probably a market value of $700,000 down to 285. And we're giving you 150, right?

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>> Uh, we've requested 175,000. >> 175. It's still pretty incredible how you're pulling that off. >> Yeah. Well, we have a lot of support in the community. Um, we rely on inind donations from our contractors. Um, we

411
01:55:11.199 --> 01:55:27.520
have a great general contractor who treats us very well financially. Um, and we have a very good donor base. So we feel very confident that um that gap between the costs and uh hopefully

412
01:55:27.520 --> 01:55:44.560
what the board this board will approve for funding that will bridge that gap with private donations. Um there are a lot of uh local foundations um and businesses that also support um this kind of effort um with with

413
01:55:44.560 --> 01:55:59.520
donations. So, >> well, I certainly appreciate all the contractors that are contributing to this. It must be actually probably a cost to them to do it. >> It is. Yeah. But they, you know, this is a problem they live with every day is

414
01:55:59.520 --> 01:56:15.840
um, you know, having to try and find employees that they can rely on that are living in the community. So, they they get it, you know, and >> and we are very fortunate and grateful for all the support from the community. >> Thank you to them. your timeline your

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01:56:15.840 --> 01:56:32.560
your timeline going forward. >> Well, um if this board agrees to endorse the application, hopefully we can get it filed with HLC. Hopefully, they can turn it around within two to three months, which is typical. So, we would be

416
01:56:32.560 --> 01:56:49.520
applying to the zoning board, I'm expecting, you know, in maybe July, August, and be there um and hoping to have that permit by the fall so that we could start construction in the fall. >> I move the select board vote to endorse

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01:56:49.520 --> 01:57:04.639
the LIP application from H Felmouth Housing Trust, Inc. for the proposed project at 21 Feeasant Lane by signing the LIP application in the endorsement letter to EOHLC. >> Second. We don't need any public comment. >> I guess not. >> No, I don't believe we do. Okay, we have

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01:57:04.639 --> 01:57:19.520
a motion and a second. All in favor? >> I Okay, thank you very much. Good luck. >> Thank you very much for your support. >> Okay, our next matter is the select board acting as trustees of the Fmouth Affordable Housing Fund discuss and

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consider a vote to resend the financial award from the fund to Bushwood 545 LLC. Uh Mr. Ren Shaw. >> Thank you, Mr. Chairman. Uh, first before I go into some summary background, I want to uh talk about uh

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and and I believe everyone in this room um would agree um the enormous popularity of of the project at 545 Maine as it was proposed. Um and rightfully so. Um the project um as was proposed um addressed a lot of

421
01:57:49.760 --> 01:58:07.360
significant needs in the community. Um on October 29th uh of last year, the select board as trustees of the Felmouth affordable housing fund voted to award Bushwood 545 LLC uh based upon presentations in the proposed plan a financial award of $3.4

422
01:58:07.360 --> 01:58:22.159
million from the Felmouth affordable housing fund uh for a housing project, creative housing project located at 545 Main Street. Um again, Mr. chair selement and investment uh in what was considered

423
01:58:22.159 --> 01:58:40.480
a significant project at the time. Um the facts however have changed. Um the purchase and sale agreement between Bushwood 545 LLC and the owner um my office was uh advised that uh PNS purchase and sale agreement expired.

424
01:58:40.480 --> 01:58:56.320
The property at 545 Main Street therefore is no longer under the care and custody and control of Michael Galasso as the manager of Bushwood 545 LLC. Importantly, Fmouth Housing Corporation, a local developer uh who has an

425
01:58:56.320 --> 01:59:11.520
extensive track record um in the community, has submitted an application for funds for the Falmouth affordable housing fund for this property. I wanted to also mention um and this is in another agenda item but the timeliness of this item uh pertains to a

426
01:59:11.520 --> 01:59:26.960
uh EPA Brownsfield assessment grant that is due I believe next week the application for that so it is timely uh that this be considered um so for the reasons uh identified above Mr. share select board. Um um in in in effect uh

427
01:59:26.960 --> 01:59:44.000
the uh the uh expiration of that purchase and sale agreement between Bushwood 545 LLC and the owner having expired. And uh as the board is aware, my office received a communication from the property owner at 545 Main Street uh earlier this afternoon uh indicating

428
01:59:44.000 --> 02:00:01.119
that uh the seller and owner of the property was no longer interested in pursuing any type of a negotiation or agreement with uh Mr. uh Galasso is general man as manager of Bushwood 545 LLC. For these for these reasons, Mr. uh chair and select board um staff is

429
02:00:01.119 --> 02:00:16.560
recommending that the funding to 545 Bushwood LLC be rescended so the funds may be awarded to other potential projects. And I'd be happy to answer any questions. I wanted to point out that the um the existing uh uh um purchase

430
02:00:16.560 --> 02:00:33.119
and sale agreement with housing Felmouth Housing Corporation, which was executed between the property owner and Felmouth Housing Corporation on on April 14th of this year, is included as a as a supporting document in this packet. And with that, I'd be happy to answer any questions you might have. >> Just no questions right now, but a

431
02:00:33.119 --> 02:00:50.560
comment. Um you know, Mr. Gosso has put his heart and soul in this project for the past 4 and a half years. Uh he has worked with the town with uh with the town officials, with the housing uh and and the community developer. Um and um I

432
02:00:50.560 --> 02:01:05.440
I just I have a heavy heart here tonight. This probably the toughest decision I've had to face since the three years that I've been on the select board. Um you know, I understand um both sides of the uh of the issue. uh Mr.

433
02:01:05.440 --> 02:01:21.199
Gosso came up with a very innovative uh program for workforce housing uh which we all know is a definite need in in this town. Um, I wish that there was a

434
02:01:21.199 --> 02:01:39.360
uh a realistic pathway that could go forward uh and and keep this project um alive uh and provide that workforce housing that we so much need. Um but um it's looking like, excuse me, it's

435
02:01:39.360 --> 02:01:56.000
looking like we don't have uh that that pathway. I am certainly anxious to hear what other members from the select board want to say. Mr. Brown, >> thank you, Mr. Chair. Uh, you know, it was only what, 7 months ago that we made

436
02:01:56.000 --> 02:02:11.920
this commitment with this funding. We put a two-year timeline on the permitting and three years to start the project. I wish we had realized that there was problems, but you know that there was more delays and that the seller was

437
02:02:11.920 --> 02:02:27.760
getting antsy. Maybe we could have done something to intervene. Uh I'm really not comfortable with rescending this vote because like I said, it's only been 7 months. I feel like and another thing is when you look at the PNS in our

438
02:02:27.760 --> 02:02:43.599
packet, the next request is going to be for 2.6 million for acquisition. This one is 2.1. We don't even know what the construction request will be, but I bet it's going to be higher. This is the project that we all supported, which is going to support

439
02:02:43.599 --> 02:03:00.480
young working people on Main Street. The dormatory style concept, kids on bicycles being able to go and work in restaurants up Main Street. A senior housing project is not going to give us the same kind of bang for our buck of what we're looking for to bring young people to town.

440
02:03:00.480 --> 02:03:17.280
I know it's unfortunate that this project has gone four years, but the seller knew that it was a long process. What I would like to see us do is vote a little more money today to this project. I don't know what it would be, $100,000 or some sort of incentive to mitigate

441
02:03:17.280 --> 02:03:32.880
the cost that the seller has incurred to get a little more time to get this project. It's I believe everything is in place now and it's at the last minute that we're pulling the rug out from under Mr. Glasso's project. So, I'm not comfortable with rescending this funding

442
02:03:32.880 --> 02:03:49.360
right now. Okay. >> I would um I would agree that in in reading our commitment letter um I don't feel uh that we are on solid ground um

443
02:03:49.360 --> 02:04:03.599
with rescending this offer. And this was a or is a a project that this board felt very strongly about strongly enough to go out on a limb in a way that we had

444
02:04:03.599 --> 02:04:22.320
not in the past. Um and um similar to Mr. Brown um I we haven't seen a lot of details about this uh new project proposal. Um but for multiple

445
02:04:22.320 --> 02:04:37.520
reasons um tearing down the building age restricted housing I'm much less enthusiastic about this project and um would like to I'm not sure that I'm feeling like I want to put more money

446
02:04:37.520 --> 02:04:54.639
into this project but would like to get to a point of and yes we did receive a a very a copy of a very strongly worded um email today. I would simply like to be able to take a breath, be sure that this project is in fact not moving forward

447
02:04:54.639 --> 02:05:10.960
before we move on to um something else and then that we actually take the time to consider what that that something else is. >> I'd like to echo both the comments of Selectman Brown and Selecman Goldstone. I think uh I'm separating my opinions on

448
02:05:10.960 --> 02:05:27.520
two projects. I want to consider this as one agenda item, the other as another agenda item. I think it would be a bad precedent um for us to withhold funding uh when we just we just gave it out and it's clearly within the the time frame of uh the time frame uh of our of the

449
02:05:27.520 --> 02:05:44.159
funds we've given out are still there. So I I echo your comments there. Um and I do support the project and you know we received this letter at 3:30 you know not not long before this meeting. If this is final and this is the case of what it is, then I don't see the the problem in delaying uh you know two

450
02:05:44.159 --> 02:06:00.159
weeks to make sure that that is actually the case unless there is um unless there is a reason that I should be concerned on on the timing of uh my my statement. >> Okay, Mr. >> Mr. Chair, thank you. I I I appreciate the the dialogue, the discussion. I I do

451
02:06:00.159 --> 02:06:15.280
want to address I think it was Vice Chair Goldstone uh made a comment about the uh the legal kind of footing or standing that we might have. I I I did ask town council and associate town council to to do a pretty extensive review of that and I'd like to ask town council to give us your

452
02:06:15.280 --> 02:06:31.199
opinion as far as the legal footing. >> Sure, I'm happy to. Um I just think I'll provide the legal framework here just to explain a little bit what uh more what a commitment letter is and the authority of the board to resend it. Um, essentially what a commitment letter is,

453
02:06:31.199 --> 02:06:47.280
it's a conditional approval and that conditional approval is premised on the facts as presented in the application. And if any of those facts shift so drastically that the commitment letter

454
02:06:47.280 --> 02:07:04.000
can no longer be supported by those facts, then the board is fully within their authority to resend that commitment letter. You really look at two things when you are trying to decide whether to pledge funds for a project like this where you'd issue a commitment

455
02:07:04.000 --> 02:07:20.719
letter. One is the um financial stability of the applicant and of the project and the other the second pillar is ownership of the project. This property is no longer owned by

456
02:07:20.719 --> 02:07:36.480
there's no property interest at all that is vested in Mr. Colasso or that Bushwood LLC um without any property interest at all. Uh they're not entitled to complete an

457
02:07:36.480 --> 02:07:52.159
application, never mind receive funding. here. We are um we have credible information that not only does Mr. Gasso no longer have a property interest in

458
02:07:52.159 --> 02:08:07.760
this in this location and hasn't for the past almost two months or so, but the current owner has no intention of negotiating any further with Mr. Galaso and has entered into a purchase and sale

459
02:08:07.760 --> 02:08:22.960
agreement with another applicant. Um it is for these reasons that um the foundation that we had before upon which the commitment letter rests doesn't exist and the select board is

460
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entitled to resend the letter. Well, I I will just mention that when the application was made and the commitment letter, you know, was ultimately issued, Mr. Glosso did have the care and custody and control of the property. Uh, you know, often times I

461
02:08:39.440 --> 02:08:55.119
think commitment letters uh are just what what they are uh and somewhat dependent upon future events. Um, you know, I I think we're we're faced with a Hobson's choice here. uh we have uh you

462
02:08:55.119 --> 02:09:12.400
know a project that this town has fully supported that I've supported. I think every member on the board has supported and I'm going to even speak for Mr. Reid uh as well. Um u I certainly um certainly troubled by the letter uh or

463
02:09:12.400 --> 02:09:27.119
the email that came in uh curious as to how that letter came in at that 11th hour and why it came in at that 11th hour. um you know there's somewhat concern just the whole process there uh

464
02:09:27.119 --> 02:09:42.960
but it certainly raises concerns uh that that I have um and um as I have said said before I would be in favor of waiting two weeks u allowing Mr. Reed an

465
02:09:42.960 --> 02:09:58.079
opportunity to uh to to have his feelings uh weighed in on. Uh so uh I don't think I'm necessarily at this point ready to vote to resend. Um but I'm not saying that u at some point in

466
02:09:58.079 --> 02:10:14.719
time my position might might change. I I would say my position is simply that I would like formal confirmation that Bushwood is not moving forward and for that matter of we we don't have in our packet a purchase and sale um for

467
02:10:14.719 --> 02:10:31.040
another project. I would simply like to have those pieces formally in place to be clear that this project is not moving forward >> before we >> we do have the PN >> we do have housing corpse PN >> that's where I got the 2.6 six

468
02:10:31.040 --> 02:10:49.840
acquisition costs contingency. >> Interesting. Not seeing that. >> Can I ask for that? >> But but but in in fairness uh in fairness that PNS is contingent upon future actions by this board with

469
02:10:49.840 --> 02:11:08.480
respect to uh to to funding uh 2, as Mr. Brown mentioned, $2.6 million towards the acquisition of the property. So, u it's it's not a, you know, firm uh PNS until that until those contingencies

470
02:11:08.480 --> 02:11:24.639
play out. And I get I I feel like it's a real it's real concerning that we're sort of approving a whole different project by default through this action. It's I just I'm not comfortable with the whole situation.

471
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>> Can I ask an update on the town's safe harbor status? Um, it's up in the air. It's being litigated >> still. >> Yes, it will be for a while. Yes. >> Motion to delay two weeks. I don't know what the

472
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>> motion to do nothing. >> Taking public comment. >> No, I don't think we are, Mr. Murphy. Okay. >> So, is that Jack? Was that a motion? >> Yeah. I don't know.

473
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My motion is to >> table motion. >> Motion to table >> for two weeks. Two weeks >> to motion to postpone to date certain May 18.

474
02:12:25.520 --> 02:12:42.320
>> Yes. Second. Okay, we have a motion to second. All in favor? >> Before we do, >> um, what new information will the board be seeking? >> I I personally I think this um, you

475
02:12:42.320 --> 02:12:58.639
know, this all came about very very quickly. Uh, and it seems like we are rushing. Uh, and I understand the um, you know, I understand the the the reasons why I I really do. the seller has been very patient and and has waited

476
02:12:58.639 --> 02:13:15.840
a long time. Uh and you know there may have been a number of reasons why u why we are where we are but uh I think I think in fairness we owe the project not necessarily Mr. although you know he's a very

477
02:13:15.840 --> 02:13:30.960
wellrespected uh affordable housing advocate two years ago he received an award from the housing assistance corp um you know so he he's certainly a reputable housing developer um I'm more concerned about

478
02:13:30.960 --> 02:13:47.199
the the viability of the project itself and if there is some way that um you know there's some way we can come to some uh the way that that uh that that project can can somehow move

479
02:13:47.199 --> 02:14:03.040
forward one way or another. >> Can I make a suggestion? I'd like to request that the town manager reach out to the property owner and ask them if there'd be any interest in compensating them for the damages that they seem to have incurred which was mentioned in this email that we

480
02:14:03.040 --> 02:14:18.400
received. and if we can repair the relationship and keep this project going forward and we'll know next next time we meet whether that's remotely possible. I know the email said it wasn't, but I'd still like to ask you know um you know I

481
02:14:18.400 --> 02:14:34.400
I'll leave that up to Mr. Wrenchaw's thoughts. I'm I'm honestly not not really in favor of spending any more town money necessarily, but >> Well, we will be if we default to the other project and I >> not necessarily, >> Mr. Chair. If I if I could, I I just

482
02:14:34.400 --> 02:14:50.079
respectfully I understand the uh the assignment. I just am having a hard time. I I don't feel that's an appropriate role of of town government to get involved in that type of >> transactional type of a I see what you mean. I agree.

483
02:14:50.079 --> 02:15:06.639
>> I guess it would be up to the parties then to consider their own positions and make their own if there's any progress made. We'll know. >> No, my position is really very simple. This project has been kicking around for 4 and a half years. Uh and this new idea

484
02:15:06.639 --> 02:15:23.360
about you know a new new develop a new project is you know on the table for two and a half weeks. I just think we owe it to the project that everyone felt was uh a worthwhile project to at least think about it a little bit further. I don't know if we'll come to some kind of a you

485
02:15:23.360 --> 02:15:40.719
know understanding or a pathway forward but I I think that the residents of the town of F would deserve u our you know further cons consideration on on the project. >> Okay. So

486
02:15:40.719 --> 02:15:57.000
>> so we had a motion and a second. >> All right. >> All in favor of tableabling this to a date certain >> or May May 18th. Yeah. >> I'm sorry. May 18th. The day is certain. All in favor? >> I >> I >> I

487
02:16:00.880 --> 02:16:17.760
Okay. I'm not sure where the next application actually stands with respect to um our our previous vote. Uh but there is on the agenda discuss and consider a vote to sign a letter of support to EPA

488
02:16:17.760 --> 02:16:34.399
Brownfield assessment grants for Fmouth Housing Corporation's grant application for asbestous removal at the affordable housing project located at 545 Main Street. Uh Mr. Renro, >> thank you Mr. Chairman. Uh yes, Felmouth

489
02:16:34.399 --> 02:16:49.519
Housing Corporation has requested uh the town support this request to the EPA Brownsfield assessment grant for a application for asbestous removal uh at the affordable housing project located at uh on Main Street 545. Um a copy of

490
02:16:49.519 --> 02:17:06.160
the uh proposed letter of support is included in your packet. Mr. Sharon Sleport, if the grant were to be awarded, the funds would be used by Felmouth Housing Corporation to abate to remove asbestous in advance of a demolition of the vacant former nursing home located at 545 Main

491
02:17:06.160 --> 02:17:31.920
Street. I understand the applicant or the requesttor is present, Miss Linda Clark. Linda, did you want to speak to the details of that of the of the project? Good evening. Linda Clark, president of Felmouth Housing Corporation. Um, as you

492
02:17:31.920 --> 02:17:48.240
know, we currently have 545 Main Street under agreement. Um, and we have site control at this point. and we are proposing to demolition the building and put up a new structure, 50

493
02:17:48.240 --> 02:18:06.080
one-bedroom units of senior housing. Um, as you know, there's a great need for seniors as well. Um, the location is very desirable for seniors. We're currently uh we've been awarded the Locust Field project with the the

494
02:18:06.080 --> 02:18:22.559
submission of the RFP and that 40 um family units. So, we feel like we're satisfying the need and now it's moving on to a senior project. The

495
02:18:22.559 --> 02:18:38.960
location fits all the criteria for seniors. They like to see them up town, close proximity to walking, grocery stores, senior center. Um, and we are seeking a grant for a

496
02:18:38.960 --> 02:18:57.439
survey for asbestous. The building was built in 1969. As I said, we do plan to demo the building and have new construction. Um, there is a spastice in the building. I'm sure the um the grant will allow a

497
02:18:57.439 --> 02:19:12.399
survey, a full survey of the property and they will also pay up to $500,000 in abatement. The deadline on that grant is May 15th to submit an application.

498
02:19:12.399 --> 02:19:28.160
>> There there does seem to be some disagreement about that deadline. Uh and uh I'm just curious if uh if if you could speak to speak to the deadline. Uh and um as far as

499
02:19:28.160 --> 02:19:45.359
>> we that's the information we got through the state who deferred us over to Brownfield and they kind of coincide with the same dates to my knowledge. So we do not want to miss a grant application.

500
02:19:45.359 --> 02:20:03.200
um they award somewhere I believe in July or August of next year and we would be looking to break ground in November of next year, November of 27. So, Peter Moore or Mike, anyone? Uh, if

501
02:20:03.200 --> 02:20:19.040
we were to approve the application and the grant, um, it would only go forward obviously if, uh, if Falmouth Housing Corp. executes its contingencies in the contract and goes forward. So, um, an

502
02:20:19.040 --> 02:20:35.120
option is to, uh, allow Falmouth Housing Corporation go forward with a grant application. uh if the if the board is uh you know is is willing uh and then you know just the rest of it would would play out based

503
02:20:35.120 --> 02:20:51.439
upon you know certain actions the select board might take in the future. Uh I will say that I know that there are a number of people that and that I have heard since last week that are very concerned about destroying the building.

504
02:20:51.439 --> 02:21:07.280
Uh I realize it's not on the uh historic register but it is an iconic building that I think many people in town had hoped uh would would somehow you know stay. So you know that what I have heard. So >> anyone else?

505
02:21:07.280 --> 02:21:23.840
>> Pardon pardon me this is ignorant. I'm not unlike Mr. Brown. I'm not a builder. Um if you're demoing the building you still need to test for asbestos. >> Yes. >> Yeah. >> The asbestos would need to be abated prior to the demo. Thank you. >> I guess

506
02:21:23.840 --> 02:21:40.399
>> keeps everybody safe and healthy. Yeah. >> And we we did look into we brought we brought architects into the building, >> the configuration of the building um >> and with the amount of asbestous that potentially is in that building. It

507
02:21:40.399 --> 02:21:56.319
>> kind of doesn't make sense. >> But yet it did seem to make sense to Mr. lassos project that I'm sure >> you don't have to always remove every bit as long as you're not touching it and it's in a area that's >> not accessible to the public or

508
02:21:56.319 --> 02:22:15.600
residents >> and it might be encapsulated. There's a lot of different scenarios. >> Mr. Mr. Chair, did did you want to were you looking for a response to sort of the question of the situation that the board is in now with this grant application with respect to

509
02:22:15.600 --> 02:22:31.680
>> as opposed to if if the board were willing to proceed and allow the housing corp to proceed with the grant application uh submit a letter in support of that without any uh certainty that the select board is you know on on

510
02:22:31.680 --> 02:22:47.359
on board with the ultimate project. That's my you know I I I I would be concerned if if it was going to be presumed that our support of this letter uh was support of the overall project

511
02:22:47.359 --> 02:23:04.560
which does not seem to be the consensus of the board at this time. >> The ask before this lock board at this moment is simply to submit a support a letter in support of the grant. Um, that's the totality of the request. By submitting a letter in support of the

512
02:23:04.560 --> 02:23:25.840
grant, it would in no way bind the select board going forward to take any particular action on a application to be submitted in the future. >> Anyone else? I I'm I'm finding

513
02:23:25.840 --> 02:23:40.800
the request a bit confounding. I I'll say and the the uncertainty about even um the the deadline I have to say uh when we got this because there was no

514
02:23:40.800 --> 02:23:57.760
deadline um mentioned. I went to the EPA website and I just pulled it up again and the EPA brownfields and land revital revitalization website says that there are currently no open funding opportunities or upcoming funding opportunities. So, I'm

515
02:23:57.760 --> 02:24:15.520
just feeling like we don't have the information that we need to to make I don't know. It it feels the application feels incomplete. Um, and I hear what you're saying that this

516
02:24:15.520 --> 02:24:31.280
doesn't that we could provide a letter of support without binding ourselves to a project, but it it >> seems to imply it. >> It it certainly seems to imply that we're behind this project. >> Certainly the last sentence project that we've even considered.

517
02:24:31.280 --> 02:24:49.600
>> Certainly the last sentence would indicate that that we're implicitly supporting it. Yeah, I agree with that. I mean for financial assistance to remove asbestous during the demolition, >> right?

518
02:24:49.600 --> 02:25:07.280
>> I mean I suppose I mean you know I don't know what impact it would have on the application. I suppose the letter could be reddrafted to allow for the housing corp to proceed with its application.

519
02:25:07.280 --> 02:25:22.800
And uh you know within that same letter uh it'll indicate that uh what however we word it or however it it goes forward that would not imply necessarily that we're supportive of the project but just

520
02:25:22.800 --> 02:25:39.120
allow the application to go forward. uh you know what you pulled up on the on the website is what I have been you know told as well and that the deadline is actually in the fall sometime and not not currently but I'm I trust Miss Clark implicitly and I'm sure her information

521
02:25:39.120 --> 02:25:55.120
is correct although sometimes the state and the feds uh don't always see eye to eye but I mean I think um if the board were um of a mind to uh to at least allow an application to go forward on

522
02:25:55.120 --> 02:26:10.240
the assumption that there is a deadline. Uh I'm sure we could work with the town manager to um you know modify the letter so that it uh you know more accurately supports what what the current position

523
02:26:10.240 --> 02:26:31.840
of the select board is. I don't think we have to agree to to that wording right now. If that is the, you know, how the board feels, I think we could direct Mr. Renaw to uh to to take a look at the letter and we could, you know, probably go

524
02:26:31.840 --> 02:26:48.240
forward with it, you know, on on that basis rather than having to bring it back to the to the board at a meeting. >> So, Mr. Chair, with that point, I just want to be clear on my instructions. So, we we someone mentioned perhaps eliminating the last sentence paragraph, this project will revitalize filmless

525
02:26:48.240 --> 02:27:02.720
downtown. on this kind of it's a statement, right? Um >> perhaps we simply remove that or are you suggesting that there be some language in there that somehow describes this issue with

526
02:27:02.720 --> 02:27:19.760
purchasing? I I probably would just say somewhere in there provided that uh you know the um the project goes forward or that you know however you know some some language in in that letter that does you know that re that acknowledges that

527
02:27:19.760 --> 02:27:36.399
there is a process that would have to go forward uh before the the grant would be um accepted implemented and the building >> like it's a preliminary approval should the board choose to support the project. >> It's almost like a letter commitment

528
02:27:36.399 --> 02:27:53.280
letter. >> Can I just um to clarify what is the expected amount of the grant and is it to assess whether there is asbestous there or is it actually the >> the removal of the asbestous because it

529
02:27:53.280 --> 02:28:07.680
says it's an assessment grant but then it says >> it's both. So they'll come in and do a full survey, understand the costs and what's entailed for abatement and then up to $500,000

530
02:28:07.680 --> 02:28:27.760
in abatement costs. You know, I think I mean something along the lines that the Felmouth Housing Corporation is is uh submitting an application for what what that says that is being, you know, reviewed by the town of Falmouth, but that we support the

531
02:28:27.760 --> 02:28:43.920
application, you know, with respect to uh to the demolition if if and when the project is uh, you know, is greenlighted, if you will, words to that effect. And that's again that would be something I would consider. I don't know how the rest of

532
02:28:43.920 --> 02:29:03.359
the board feels about that as opposed to it being you know a hard and fast no at this point. >> Feels like trying to ride two horses. >> Well, this this that is what we're doing. That's the that's the Hopson's

533
02:29:03.359 --> 02:29:21.160
choice I mentioned before. We are trying to ride two. I am not sure I support senior housing at this location. >> Well, I mean that's >> as a opinion my opinion. >> Okay. All right.

534
02:29:21.600 --> 02:29:35.200
>> So the the matter before us is to um discuss and vote a letter of support. I've indicated how I might or that we

535
02:29:35.200 --> 02:29:53.200
might direct Mr. Renaw to uh uh put put certain conditions in the letter that indicate that it is a just a proposal at this point that if it's granted, you know, then then obviously uh if if the application goes forward, then obviously

536
02:29:53.200 --> 02:30:09.359
the the asbestous grant would uh you know, would go forward at the same time. But if not, then we're not implicitly endorsing the project at this point. >> Yeah, I would say it's a preliminary approval pending select board adoption of the project.

537
02:30:09.359 --> 02:30:26.479
>> Something to that effect. And I I would trust the town manager to uh to draft such a letter if that's the consensus of the board. >> Thank you, Mr. Chair. I I've been listening and taking notes and I think I've got enough instruction to uh to to craft some language that meets the Felma

538
02:30:26.479 --> 02:30:41.680
Housing Corporation's needs with regards to this letter of support. We're not we're not >> supporting any particular project. We're supporting this letter of uh we're supporting the applicant submitting this grants grant application. That's simply

539
02:30:41.680 --> 02:30:56.479
it. But I will work on language that states that select board uh supports the the proposal provided the project moves forward within the parameters of >> Okay. I move approval as described by town manager and Mr. Chair.

540
02:30:56.479 --> 02:31:14.319
>> I'll second that. So we have a motion and a second. All in favor? >> I >> abstain. >> Okay. All right. Well, thank you. >> Thank you. >> Thank you. We're right on time.

541
02:31:14.319 --> 02:31:33.560
Presentation and update from the Falmouth Housing Authority on the capital planning process. We have the executive director of the Balma Housing Authority, Miss Bobby Richards. >> Good evening.

542
02:31:38.000 --> 02:32:19.120
Thank you. Thank you. I brought it for the screen. Do we need the screen this evening? >> I brought uh the drive so that you can project to the screen, but if you don't think that you need it, it's okay. >> Do you have a PowerPoint or the handouts?

543
02:32:19.120 --> 02:32:51.399
>> Um, so I passed out the handouts, but the PowerPoint is on the drive. >> Okay, let me do that for you. >> Yeah, >> you can't either. >> Weird. Two people at the same time scrolling.

544
02:32:54.800 --> 02:33:15.520
>> So you got to click or you can go forward back. Uh, good evening. My name is Bobby Richards. I'm the executive director of the Falmouth Housing Authority right across the street. Um, I am grateful to have one of our board chairs here with us today. Our board members, Mr. Michael

545
02:33:15.520 --> 02:33:32.000
Gasso. I'd also like to introduce you all, in case you haven't met them, um, to some members of our team. We have Marie Ellen Monty who is our current assistant director and we have Kevin Donovan who is our maintenance superintendent.

546
02:33:32.000 --> 02:33:50.000
Thank you. So I'd like to begin um by thanking you for inviting me. I think the last time I was here is maybe 2018 2019. So it's been quite a while. Um, for those of you that don't know, we have a board of five members and their role is to provide oversight and policy

547
02:33:50.000 --> 02:34:07.200
direction. And our staff is really reg uh in charge of the daily activities and functions of the housing authority, maintenance and administration of all of our various programs. So, I'm going to quickly walk you through um some of the programs and who we serve.

548
02:34:07.200 --> 02:34:23.760
So again, our commissioners are Steven Patton. He's our chair. Patricia Fulli is our state appointee. Michael Gasso is a member of our board. Kathleen Haynes is our tenant representative. She actually comes from the section 8 side. Um and Hannah Hannah Vandeswan is a new

549
02:34:23.760 --> 02:34:43.120
member to our board. So we'll talk really quickly about housing programs, who we serve, demand and waiting list, capital investments and challenges and next steps. So the found Housing Authority is an organization that was actually formed in

550
02:34:43.120 --> 02:34:58.000
1948 along with a lot of other Massachusetts housing authorities. Uh we are in partnership with the town of Falmouth, but we are a quasi municipality and my understanding of that is that we just get funding from two different sources. primarily which

551
02:34:58.000 --> 02:35:15.200
is the state through EOHLC and then also the federal government. So we confirmed today we've known for a few years um but we've become the largest housing authority on Cape Cod. Um and that is through our team's hard work at making sure that we lease up a

552
02:35:15.200 --> 02:35:29.680
lot of vouchers which in turn allows us to invest in our projectbased program and and work with other developers on the Cape. So currently we have 223 public housing units in our federal

553
02:35:29.680 --> 02:35:47.120
program. Uh we have 379 active vouchers or projectbased certificates and we are a major contributor to the affordable housing efforts on the Cape. Um and through our organization we administer federal and state housing programs and we also do a little bit of local

554
02:35:47.120 --> 02:36:04.000
monitoring for some um developers that request it. So, we're here to really talk about the capital fund plan uh which is what we're coming uh before you to approve our amendment. Um and so that focuses on the public housing authority portfolio. Um

555
02:36:04.000 --> 02:36:20.319
and as I said earlier, we have 223 authorized units. That means that HUD has approved these units for rentals. Uh 222 are actually used as rentals and then one is used as a laundry room and that's over at our Rose Morning property. Um, we have 80 units across

556
02:36:20.319 --> 02:36:35.600
the street at Harborview. We have 59 instead of 60 at Rose Morren and Tatakut. We have 83 units. Um, all of our public housing, by the way, if we're not counting the 25 scattered houses on the state program. Ironically, they are

557
02:36:35.600 --> 02:36:51.040
all one-bedroom units, but they vary in size. Some one-bedrooms look like doll houses. Some feel like, oh, I don't know, almost a little penthouse. Some of these units are really, really big. Um, so I also gave you a copy of our designated um, housing plan which is

558
02:36:51.040 --> 02:37:08.800
towards the back of your packet. In our state public housing uh, portfolio, we have a a location on uh, Lake View. It's our Mayflower Chote property. There's 24 units there. Our Salt Sea properties right down the street from us with 30 units. And then,

559
02:37:08.800 --> 02:37:25.200
as I said earlier, we have 705 scattered sites. And what that means is that we just have different um houses from two to four bedrooms located throughout the Fmouth community. Uh we also own the Bayberry Group home, but we work with the Department of Mental Health uh for

560
02:37:25.200 --> 02:37:44.560
those rentals and it sits right in front of the Rose property. Okay. And so um our voucher programs on the federal side is we have the housing choice voucher program which is um it's a newer term but it means our section 8

561
02:37:44.560 --> 02:38:00.720
pro um se section 8 vouchers. We have projectbased vouchers and the difference between those is that they stay with the unit and the government allows us to offer if if we have budget authority. Um a person can project base 25% of a

562
02:38:00.720 --> 02:38:15.840
development as long as that development's been approved by the town. It could be new or rehab construction. And then we have mainstream vouchers. Uh the directors on the Cape like to say that the mainstream program actually came from uh the Cape because back in

563
02:38:15.840 --> 02:38:33.680
the 80s um they had enough um foresight to develop a program called DILE which is for disabled individual adults and the the parameters around the mainstream program really do mirror what the DIO program has. So we like to think that we inspired that with HUD. Um we have a

564
02:38:33.680 --> 02:38:49.760
hundred uh vouchers on mainstream authorized by HUD. However, um our housing authority as well as many other housing authorities in Massachusetts have reached its budget authority and what that means is that when we got our first allocation of mainstream vouchers,

565
02:38:49.760 --> 02:39:06.399
um it was based on the payment standards at that time. So, we've had the mainstream program for at least five or six years. So, if we can all think back a little bit, our rents for onebedrooms may have been around $1,400 a month and it has significantly changed in that time. So while we have a hundred

566
02:39:06.399 --> 02:39:21.840
vouchers, we cannot lease them all out when some of the vouchers are rented at rates way above the 1400. So a lot of our rates were set a long long time ago. So it'll be really unusual that you ever see the housing authority fully leased because the value of the vouchers change

567
02:39:21.840 --> 02:39:38.479
really every year. Um but we do understand that we're really important in the community and we support housing in the private rental market here and abroad. Um, and that funding always tends to be the constraint. We have more vouchers than we're able to give out and

568
02:39:38.479 --> 02:39:54.640
so that affects people that really need housing. We're not able to help everyone. On our state vouchers, I just added the sense that you would understand that we also administer state vouchers. Uh, we've had an allocation, a strange number. It was 33 for the longest time.

569
02:39:54.640 --> 02:40:09.760
Um, however, we received notice from EOHLC last year that they put a stay on the entire program. So if you lose a client on this program, um you cannot release that voucher. So right now we are stayed at 24 vouchers on the MRVP

570
02:40:09.760 --> 02:40:25.200
program. >> Go ahead. >> Question. >> Yeah. Would you mind repeating that? I really didn't understand that you lose a client. What do you mean if they leave? So, if we lose them through death or they move out of the state or they um

571
02:40:25.200 --> 02:40:41.359
their income no longer qualifies them for receiving funding, we are not allowed to rotate that voucher back into the community. They are trying to cut the funding. So, when you lose a voucher through any of those means, you just can't um give it to another person and pull a person on the waiting list. And

572
02:40:41.359 --> 02:40:57.520
it's been that way really since about last spring or summer. >> Does that mean a unit goes empty because you can't fill it because of that? So on the state vouchers as well as the section 8 program, the client of ours goes and finds their own unit. So on this program, they would also go find

573
02:40:57.520 --> 02:41:12.640
their own unit. So that would be an issue between the client and the landlord. The but many of our landlords just call our office and ask us does anybody is anybody interested in the unit? And we normally have people in other programs like section 8 looking for apartments >> and they already have their own voucher.

574
02:41:12.640 --> 02:41:29.439
>> Yep. Section 8 you get your own voucher. >> I see. So the people still come forward so the unit doesn't sit empty. >> Uh so we cannot lease the unit. It's owned by the landlord. So it's not our public housing portfolio. So it's up to the landlord and the client to to make a

575
02:41:29.439 --> 02:41:46.319
lease between each other. And we support the client through funding. >> I see. I was mixing it up with your own properties. Excuse me. >> Yeah. Public housing would be our properties of which we have 223 in the federal program and that's what we're asking for the ACC amendment today. Um, but in the state program for public

576
02:41:46.319 --> 02:42:02.479
housing, we have 75 apartments. >> Thank you. >> Yeah. Or houses. >> Could I ask a question on the federal vouchers? Good, good to see you again. Um, and thank you so much. My my biggest priority when I was a commissioner on the phone with Housing Authority was the website and the website is now terrific.

577
02:42:02.479 --> 02:42:17.840
So, thank you so much. And to your team, whoever's a part of that, I love how it's been renovated. >> Thank you. >> Um, >> there was this commissioner who really wanted it done. there was and he he knows to push and he asks a lot and I was on this board. Um so I was reading

578
02:42:17.840 --> 02:42:32.399
the um >> I was pulled up in front of me the Trump administration is looking at $10.7 billion in HUD's uh budget and a lot of it is towards uh vouchers and I was wondering is there any projections on how that might affect uh the work you

579
02:42:32.399 --> 02:42:47.920
guys do >> how you can even prepare for that. >> So I will say that we are not notified of that decision. so far and most housing authorities are stressing trying to reduce their budgets, which means that there won't be a a lot of

580
02:42:47.920 --> 02:43:04.880
opportunity for new housing. So, I will believe that when we see it delivered, I'm certainly hopeful that that happens. Um, but there's many housing authorities that we've helped by taking on some of their vouchers because our numbers were a little bit lower. Um, and now we are

581
02:43:04.880 --> 02:43:22.800
sitting with the same situation that they are where there's no funding additionally coming to us necessarily, but if it's coming down the road, we're certainly happy about that. Okay, so this is a this was a smaller one. I wanted to share a lot of info on this

582
02:43:22.800 --> 02:43:39.439
one. Um, I just wanted to make sure that we all understand how the waiting list work with the housing authority. I think that's important. um on our federal public housing authority that involves three sites which would be Harborview which is where our office is located

583
02:43:39.439 --> 02:43:55.359
co-located on the same site uh Tatakut which you've heard a lot about over the years and Rose Morren that sits behind job lots and so the combination of those removing the the laundry room at U Rose Morren is 222 units but they're all

584
02:43:55.359 --> 02:44:11.760
onebedroom housing um the state I pulled the numbers a little bit earlier earlier today and it's really a difficult system to control. It's not managed by the housing authority. It's a centralized system and our number today was actually 131,000

585
02:44:11.760 --> 02:44:28.000
um applications for housing in Falmouth where they identify the Falmouth housing authority. But on the state application, you can identify that all the housing authorities where you'd like to live and that application goes into that housing authorities portal through the centralized waiting list. Um the

586
02:44:28.000 --> 02:44:44.560
challenges with that is that there's no single total waiting list number. It changes every day. Uh the counts vary constantly. Many applicants appear on multiple lists simultaneously, which means if they selected Falmouth, but they also selected Barnstable and MASHP, we're now all fighting against each

587
02:44:44.560 --> 02:45:01.279
other trying to get the person leased in our area. If we have a a unit um in high demand areas such as Cape Cod, our list can be really really long. So the uh the average waiting time on the CHAMP list could be around four to five years. Um ironically that's not too different from

588
02:45:01.279 --> 02:45:18.399
our public housing waiting list, but the reason is very different. Um our housing authority is really graced with having um tenants that are long-term tenants. A lot of our tenencies exceed 10 years. So the availability of a unit really only comes

589
02:45:18.399 --> 02:45:35.439
if a person passes away or if they're moved into a higher level of care. Um otherwise we don't tend to get vacancies for any other reason in our in our portfolio. Um local placement is determined with a much larger regional pool. And I say

590
02:45:35.439 --> 02:45:50.080
that because on our public housing waiting list and some of our project based waiting list, uh we have a a preference for um if you're from Falmouth, there is a Falmouth area preference within the CHAMP program, but

591
02:45:50.080 --> 02:46:09.920
it's working with a much larger PE group of people. So it doesn't give them as much advantage as our local waiting lists do. So, a little bit later, we're going to be asking for a vote on the a the annual ACC amendment. And um what we did this

592
02:46:09.920 --> 02:46:25.680
year is that we held because we were still working on spending down some money on other projects. I don't know if you're familiar, but we replaced the walkways at Tatakut, and that was over a million dollars to do that, but it wasn't enough left in that grant to finish the pipes at Tatakut. We had to

593
02:46:25.680 --> 02:46:42.000
make a decision. So what we learned we could do is we could partner two uh grants together from the federal government to start working on the pipes. Um and so for 2025 it was approximately 665,000 and then they just released our um ACC

594
02:46:42.000 --> 02:46:58.640
amendment for this year. Um and just because it says the year you can carry it over uh five years as long as you get a contract in place. So, um, we are partnering and and putting together the 25 and 26. Um, the 26 is for 673,000.

595
02:46:58.640 --> 02:47:13.600
So, as you can see, the grant goes up just a little bit each year. Um, and that's going to be used for capital improvements to public housing. Um, helping us to pres preserve the stock. So, within your packet, you'll see that we have a list of some of the um

596
02:47:13.600 --> 02:47:29.359
five-year um goals for the housing authority. And the way this works is even though we're not technically a committee of the of the town, um it's important that we share with the town our goals for the money that we received for the federal government. So, um the

597
02:47:29.359 --> 02:47:44.479
way we do that is by providing to the town a list of our ideal um plans over five years, even though we update them every year. And then the town manager will sign off on seeing that ACC and then HUD will fund us for that. and then

598
02:47:44.479 --> 02:48:01.520
we can start working with our vendors. So, um the next thing is that we wanted to make sure that we thanked the town because a few years ago they heard our please and we received a $100,000 grant um from the affordable housing committee

599
02:48:01.520 --> 02:48:17.680
to um do a capital needs assessment and we were really um emphasizing that we wanted an assessment that looked at every single unit that was within our portfolio. So, that was quite extensive. Um, and so we have a comprehensive capital needs assessment that was

600
02:48:17.680 --> 02:48:32.880
performed. It's about 2500 to 3,000 pages. It's done per site. So I gave you just a synopsis um that also included the cost of the repairs that they're recommending so that we could create a schedule which

601
02:48:32.880 --> 02:48:48.479
is not what we had before. This this matters because it helps us identify critical and long-term capital needs. Um, and also every year we find ourselves rep prioritizing something that we prioritized the year before based on that capital needs assessment

602
02:48:48.479 --> 02:49:05.680
and ongoing concerns that happen in the units. Um, but it also allows you to plan for a 20-year um, funding stream um, and uh, project goals. So, the CNA identified that there were

603
02:49:05.680 --> 02:49:21.200
critical repairs and code compliance, accessibility improvements, and system upgrades. For accessibility improvements, um we have the 75 units of um state housing. And I'll tell you that there's not one unit in the state

604
02:49:21.200 --> 02:49:36.160
portfolio that has any ADA features. Uh the units are really, really small. And so one of the goals of the housing authority has been to figure out if we are able to federalize a lot of the state units um that will allow them to be part of a larger portfolio where

605
02:49:36.160 --> 02:49:53.279
people can transfer to an ADA unit or a a bigger unit that has some ADA features if they don't need all the features within the unit. Um that's ADA >> question on that and I I brought this up as a commissioner and I don't know if this has changed. Does the move to

606
02:49:53.279 --> 02:50:10.960
federalize units affect the uh would there be an impact if the funding situation changed in DC? >> I'm sorry. Say it one more time. >> So, by federalizing the unit, remember what you said. Federalizing the units, does that mean that they're more at risk if funding situations changes based on

607
02:50:10.960 --> 02:50:27.600
HUD's uh funding scenarios? Um I I suppose that could be true, but um HUD normally releases a lot of grants and we've been very lucky that I have a background in some grant writing, so I've been able to bring in quite a lot of money. Um and that's not always

608
02:50:27.600 --> 02:50:44.880
available on the state side. So we've been able to supplement a little bit from that. But I also think what's important is that there's more money in the federal even if they cut some, there's more money to work with. Right now, we're trying to work with about $140 $150,000 a year for 75 units, of

609
02:50:44.880 --> 02:51:02.720
which 25 of those units are houses. And many of those houses were not treated well in the '9s. And so what has happened is that a typical renovation, and you'll see a couple in town, those renovations are coming in at $150 to $200,000 a piece. And so that money is

610
02:51:02.720 --> 02:51:18.560
taken from future funding from the state. So, we're not really >> benefiting um in terms of the finances. They're just moving the money forward, but in a few years, that's going to be a challenge because they already pulled from future formula funding. >> And that that was the thing that most shocked me as a commissioner. And I

611
02:51:18.560 --> 02:51:33.279
think it's something I would like to consider more. I'm not sure if it's something the board does, but I was really shocked at how little the state actually provides funding to our housing authorities. Um, in my previous work capacity with Senator Fernandez, we went on a tour with now former Secretary Augustus, the Plymouth Housing

612
02:51:33.279 --> 02:51:50.800
Authority. Um, and the lack of funding the state gives for what is essentially mostly a state program, uh, is shocking to me. So, I think that's something we should consider reaching out to our legislators on. >> Maybe the board should help you support that if you need a letter for that if

613
02:51:50.800 --> 02:52:06.479
they think that's more advantageous to you getting things done. >> Thank you. We think so. >> Yeah. >> Um, let's see the next one. So, I just I gave you actually a pretty comprehensive list within your packet of some of our planned and active

614
02:52:06.479 --> 02:52:22.880
activities, but I also just wanted to highlight a few. Piping replacement. I know I've said it a million times. When we got a grant, which I was reminded many times from HUD, it's the largest emergency grant ever ever issued in the state of Massachusetts for an emergency.

615
02:52:22.880 --> 02:52:40.319
Um, however, they did the costing right prior to when they declared a COVID. So we got $2.4 million to repair the pipes, the pipes at Tatakut and at Harborview. We started with Harborview and by the time we finished the rates had really

616
02:52:40.319 --> 02:52:56.800
almost doubled and so it left us short to finish Tatakut and in order to do just the first phase you got to have at least a million dollars. So we were just falling short and so we switched over to doing the walkways there. They're absolutely beautiful. Um and now we are now going through with phase one at

617
02:52:56.800 --> 02:53:12.960
Tatakut which is what the these new ACCs will be used for. Um we've had electrical upgrades actually um Rose Morren is the first property that's received a lot of um improvements in the last year. They have heat pumps installed in all the buildings. So now

618
02:53:12.960 --> 02:53:29.680
those tenants have air conditioning and heat um at a lower cost. We're putting up solar um and that was through an initiative with um Commissioner Gasso and a team that he worked with and we are looking at also doing some electric vehicle parking spaces there as well. Um

619
02:53:29.680 --> 02:53:44.399
but they also got brand new flooring appliances and so Rose Morren really has had about a million and a half in improvements, but the housing authority got a lot of that through grants. So I think out of our pocket we may have paid maybe 250,000 or so. We did really well

620
02:53:44.399 --> 02:54:00.240
with them. Um, we've hired a designer who has um given us a plan to refresh Harborview and more modernize the common areas. We think that's a project that we can probably do inhouse, but we needed a plan. Um, our uh maintenance super is a

621
02:54:00.240 --> 02:54:18.080
construction supervisor license, so he would be heading that off when the when the budget allows. Um and then of course we have envelope improvements um at all of the sites and we are in the process of installing additional security cameras at the sites on the federal side

622
02:54:18.080 --> 02:54:36.160
um for the state side that has to go through their funding stream. Um so are there any questions about this list? >> You think you have enough money to do the piping at the Tatakut now? No, we're going to um we have enough uh money to do the first phase, which is the fir

623
02:54:36.160 --> 02:54:51.439
it's like three I think it's three to six stacks just depending on what they find in the unit if it's going to make it cost more. But to do those first six stacks, we're already over a million dollars and that's going on right now. >> Yeah. >> Yeah. So, we're using money from our

624
02:54:51.439 --> 02:55:07.600
last grant. Um, and what happens is that you in your packet you'll see maybe two or three pages of our wish list of all the things we want to do, but then we have to prioritize what we are able to do and then we move those projects forward. If I'm successful in getting a grant from another agency or HUD runs

625
02:55:07.600 --> 02:55:23.920
another grant right now, they're running an emergency grant and I'm going to apply for that again. Um, could >> but with that said, I get to pull that money out of the grant and use that money for something else. So that's why I really do stay on top of applying for grants. If you don't mind, I'd just like to ask you again. Um, so why did you

626
02:55:23.920 --> 02:55:38.640
have to take the money that was going to be for piping and use for walkways? Is it time sensitive? >> No, it wasn't timesensitive. It wasn't enough to start the first phase. And and if you don't use the monies, you'll lose them. >> Oh. So >> when Yeah. And so when we applied for

627
02:55:38.640 --> 02:55:55.439
the grant, I'm so grateful um we worked with another grant writer and they encouraged us to put the status of the walkways in that initial emergency grant request. So, we were able to do repairs and I think the walkways there have been repaired a number of times since the 80s and it was really time to just rip them

628
02:55:55.439 --> 02:56:10.880
out and put brand new ones with a more modern system. So, it's now more of a trek system um where it doesn't hold water. Uh it drains down the side. So, it's a much better system, but we had enough to do that, but we did not have enough to even do a phase at the way

629
02:56:10.880 --> 02:56:28.479
that the pipes run at um Tatakut. It's almost like a U. And so, um, we just didn't have the money. Harbor V was easier because they just sit on top of each other and the stack runs straight down. >> Okay. Thank you. >> You're welcome. >> I know over the years there's been some

630
02:56:28.479 --> 02:56:43.840
question about utilizing some of the property over at Harborview and Seesaw where you have, you know, a lot of >> unimproved property. >> Uh, and, you know, possibly adding some affordable housing there. Do you have anything to give us any update on that

631
02:56:43.840 --> 02:57:00.720
or is it something you guys are looking at? >> So, the board has discussed more than once the area in front of Harborview. I think that probably gives us the most opportunity. We are very interested in the interior

632
02:57:00.720 --> 02:57:18.160
area at Salt Sea, but the challenge at Salt Sea is that the septic is there. And we've asked many times to put us on town sewer, and we have not been approved. We're denied each time. But that's been an ongoing conversation since I think the early 2000s. Um, and

633
02:57:18.160 --> 02:57:34.479
so without going on ta sewer, that that entire area that you see is is for us it's of no use. We can't use it. Mr. Johnson Stab or Mr. Renure, is there any particular reason why that has not been permitted up to this point? The sewer.

634
02:57:34.479 --> 02:57:50.479
>> Yeah, I mean I I you know I think it's been a consistent practice that the sewer service area has not expanded because the you know the treatment system and the more importantly I guess the the ability to discharge the treated effluent you know we have limited

635
02:57:50.479 --> 02:58:06.399
capacity >> wouldn't be that much capacity. with probably not that much. I don't know. I certainly we want to take a look at it in light of the fact that >> there's developable land there that uh you know that we might be able to utilize in conjunction with the

636
02:58:06.399 --> 02:58:22.640
authority. That's all. Maybe >> certainly could. I you haven't been a part of any specific evaluation of of the request. Thank you. >> So, um moving on to your next uh application before we go. >> I I have stuff on that one as well. Sorry.

637
02:58:22.640 --> 02:58:38.640
trying to move us along. >> Just trying to uh put another pitch in for the another another section of the Tatakut. I know you have room for another whole building out in the back. So, do you ever keep that on the the long range planning? Is that something you're considering? I know there's a lot

638
02:58:38.640 --> 02:58:54.560
more land >> putting another building at Tatut. >> Yeah, there's another piece of land out in the back behind the stop and uh behind the job lot that's >> I know there's people living out there, but they'd probably like a little better housing. So I think the easy answer is that the

639
02:58:54.560 --> 02:59:10.880
housing authority is really not a developer. So um the way they got around that uh I guess in the '9s or yeah the '9s is that they created another wing of the housing authority that focused on

640
02:59:10.880 --> 02:59:27.439
development. So that's how the Famouth housing corporation was formed. it was formed through the Fmouth Housing Authority and they focused a lot on affordable housing development. >> Um, so that would probably go through that means unless the board decided that they wanted to establish another uh

641
02:59:27.439 --> 02:59:43.359
board for that purpose. I don't think all the members have to be new, but you have to have it separate from your standard board for the housing authority. So, it's possible. Uh, which is the same challenge with um developing at Harborview. Um, there's a lot of money right now if you designate housing

642
02:59:43.359 --> 02:59:58.399
for veterans. So we've certainly looked into that that that is certainly being funded a lot. So it's something that is of interest. >> And the capital project that I had request I couldn't find it uh in the minutes. I was trying to look for it, but I had requested when we were

643
02:59:58.399 --> 03:00:14.080
reviewing one of our budgets. Uh there was a talk about having funding for sheds on property. So I suggested if we could have funding for community garden space. I don't see that um in any of the capital uh investments. I'd just like to plug that one again. kind of one a

644
03:00:14.080 --> 03:00:29.439
quality of life thing but also there's a lot of not only just here in Falmouth but in Mashby and in Borne there's a lot of people who are bringing up the discussion on farming and there's a lot of resources that are being shared in that space so I think that could be something where you know there's a lot of land in these properties a lot of common areas where if we were able to do

645
03:00:29.439 --> 03:00:47.120
some community garden space I think you'd be able to get some help from the community on other things. >> Thank you. might be something to um reach out to Farming Falmouth about given the part of what they're >> exploring right now is is land access and thinking about really innovative ways to to create more um garden and

646
03:00:47.120 --> 03:01:03.279
food production space. >> I I uh attended their info session uh at the library and it specifically brought up how because of the lack of large amounts of land we have smaller plots is the kind of the future of where we're headed and this was one thing that was brought up there. >> Thank you.

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Well, that completes my quick presentation. So, if you have any other questions to answer, >> so let's move on to discus discuss and consider a vote to approve and execute the amendment to the consolidated annual contributions contract for the Fmouth

648
03:01:18.800 --> 03:01:34.720
Housing Authority. Mr. Reno, do you want to give us a little background and then we'll turn to Miss Richards? >> Yes. Thank you, Mr. Chairman. And Bobby, thank you for that presentation. It was great. Um, so as as Bobby mentioned, uh, the housing authority receives federal grant funds to conduct capital projects and improvements. Uh, Bobby was kind

649
03:01:34.720 --> 03:01:50.080
enough to show what that capital plan is. So, you have a copy of that included in your packets tonight. Uh, the projects being proposed within that plan are consistent with the housing authorities's annual and five-year capital plan and are also consistent, importantly, with the town's housing

650
03:01:50.080 --> 03:02:06.720
production plan. to receive its annual dispersement of the federal grant. Massachusetts law requires that select board approve the acceptance of these funds. So the request tonight, Mr. Chair, select board, is for the board to um approve and accept the um capital

651
03:02:06.720 --> 03:02:22.560
fund program 25 through capital fund program 2026. Correct, Bobby? um and authorize the chair to execute the amendments of the consolidated annual contributions contract for the housing authority.

652
03:02:22.560 --> 03:02:38.960
>> I move approval. >> Okay, that was easy. >> Is there a second? >> Second. >> Okay, we have a motion and a second. Any further discussion? Hearing none. All in favor? >> I >> Good job. Thank you. >> Thank you.

653
03:02:38.960 --> 03:02:53.680
>> Thank you very much. >> Okay. Uh moving on to uh discuss the naming and placement of a plaque on the shining sea bikeway extension from downtown to North Falmouth as the Patty

654
03:02:53.680 --> 03:03:10.080
and Leonard Johnson bikeway extension. Um if you don't mind, Mr. I'll give an intro here since it was my charge back in March of 2026 to uh according to our naming policy

655
03:03:10.080 --> 03:03:25.120
uh investigate the uh application. We had waited the uh required year. Uh I met with uh Kathern Jensen who is the chair of the bike and pedestrian committee. I met with Mr. Paul Silver and members of the Friends of Found with

656
03:03:25.120 --> 03:03:41.439
Bikeways, which is the instigator, if you will, of this uh of this worthwhile project. I met with Peter McCanndy and Jeremiah Pearson. Um the concept is to honor Patty and Leonard Johnson, longtime Felmouth residents, tireless

657
03:03:41.439 --> 03:03:57.680
advocates for cycling in Falmouth. Although many worked on the Shining Sea Bikeway extension, Patty and Leonard advocated relentlessly for years to make it happen. and without their persistence, the sixmile extension from Depot Avenue to Northbound probably

658
03:03:57.680 --> 03:04:14.399
would not have occurred. Uh we are seeing in excess of 350,000 trips uh a year on the path. The proposal is to place a plaque and and a boulder uh at a location near the great

659
03:04:14.399 --> 03:04:31.120
Sippoish mark between mile marker 6.4 and 6.5. The boulder and plaque would be just to the north of there are two existing benches and a you know a little kiosk of information there. The friends of Falmouth bikeways would be paying to replace or repair the existing sign in

660
03:04:31.120 --> 03:04:48.240
the middle of the benches which has been damaged. Uh and as I said uh Jeremiah Pearson has walked the property with Miss Jansen. uh and uh I think it's um it's ready to be noticed for a public hearing which is the next step in the

661
03:04:48.240 --> 03:05:06.399
process. >> So motion to >> motion to uh notice the public hearing uh for consideration of uh naming of the bikeway extension uh for Patty and Leonard Johnson and placement of a

662
03:05:06.399 --> 03:05:22.960
plaque and boulder. >> Okay. Motion >> second. >> Second. We have a motion to second. All in favor? >> I >> I think we'd like to try and do that for uh for May 18th if we can. Is that all right, Mr. Venture? >> That is the plan, Mr. Chairman. >> Okay. Very good.

663
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And um so now we have discuss and consider a >> before we move on. Sorry, Mr. Chair, I didn't speak early enough during announcements, but um while we have Miss Jansen here, I believe there's a bikeway uh event tomorrow morning. Is that

664
03:05:39.760 --> 03:05:56.080
>> there is um we have a deo breakfast near depot station from 7:00 to 9 a.m. Um sadly no margaritas but we will have breakfast burritos and Mexican wedding cookies and good stuff. So >> what time is that? 7 to 9. >> 7 to 9.

665
03:05:56.080 --> 03:06:11.359
>> Okay. We'll have to move our uh we have to get there earlier and then bring it over. Okay. Fair enough. >> Thank you very much. >> Bob, bring your own margaritas now. >> Okay. So, our next item on the agenda is discuss and consider a vote to approve

666
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the application by Kirk Fitzgerald, the T-room, 196 Crystal Springs Avenue for a common victory or I still have trouble as a New Yorker with that word uh license. Uh so,

667
03:06:27.600 --> 03:06:44.160
uh Mr. Wrenchaw and I think Mr. Cornac may have something to say here. So, want to lead us in? >> Thank you, Mr. Chair. I still have trouble saying it. I say common Vic. It's a common Vic. >> Common Vic. >> So, uh, Mr. Chair, select board, the application was received on April 8th of this year.

668
03:06:44.160 --> 03:07:00.720
>> Uh, per the application, if approved, the operator intends to offer a full range of breakfast and lunch options, as well as stated in the application, homemade soups, chowters, salads, and daily selections of entre uh for quick reheats at home. Uh, Mr. Mr.

669
03:07:00.720 --> 03:07:16.399
Chair, select board re reviews and comments by uh police, fire, rescue, health, and zoning uh were received. Those comments are included in your packet. In essence, police, fire, rescue, health, and zoning had no objection or issues or no comments with

670
03:07:16.399 --> 03:07:31.520
regards to the application. Um, as you mentioned, um, I I did ask the, uh, town planner, community development director, I should say, uh, to, uh, examine, uh, some some of the, uh, uh, issues in relation to the original special permit

671
03:07:31.520 --> 03:07:49.760
that was issued in, I believe, 1992. Um as you uh as select board is aware um select board office has received a few emails um concerning the uh uh concerns over expanded use of the facility. Um

672
03:07:49.760 --> 03:08:06.560
and unfortunately um the planning uh town planner community development director has not had adequate time in my opinion to kind of vet those issues. Um so I wanted the select boards to be aware of that. Um, the applicant has advised that annual liquor and entertainment license applications will

673
03:08:06.560 --> 03:08:31.920
also be submitted at later dates. Is the applicant here, Mr. Fitzgerald? >> Good evening. Um just looking to open up a wellestablished place that's been there for hundred years and bring it

674
03:08:31.920 --> 03:08:47.279
back to a service to the community and create a nice place to eat and eventually, you know, entertainment and drinks afterwards. But that's down the line. As of right now, I'm just looking to get open with food and like I said,

675
03:08:47.279 --> 03:09:04.800
breakfast, lunch, uh takeaway dinner, but also um some select dinner nights, and then like there's a movie night on Sunday nights, stuff like that. So, that's why I asked for the extended hours. What What's What's the current situation

676
03:09:04.800 --> 03:09:20.880
there? I know we had this application before us last year. There was some concern from the community. Uh what where did we how did we land last year with respect to this application? Do we a permit was issued and they were

677
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operating but not as extensively as Mr. Fitzgerald is proposing. >> That's Mr. Chairman that's my recollection in 2025 there was a common victual license that was issued. Um but yeah the scope of those operations are considerably different. I don't have the uh 2025 uh application or license,

678
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>> okay, >> in my in hand, but that's my recollection. >> Can the the applicant speak to how the the operations have been changed and expanded uh over the past few years? >> Um, so I have been in the restaurant

679
03:09:52.160 --> 03:10:08.479
business for 40 years and I believe it was more of a hobby to the Pachelas and I plan on making it a full-time operation to actually pay my bills. So, it's uh I come at it with a an

680
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extensive background in uh in food. I've also held every license imaginable in a number of towns around here and in Florida. So, >> so Mr. Fitzgerald, you're aware that we've received a number of emails uh

681
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from from a lot of people down there, some of whom are, you know, summer residents and not there year round. We understand that. Um but u you know can you give us an idea of of how you would

682
03:10:39.840 --> 03:10:56.640
monitor parking uh monitor you know excessive noise you know drinking out out of the the location what are your plans there? >> I will be on site the majority of time that it's open and I mean it's a fairly

683
03:10:56.640 --> 03:11:12.479
small place so I I can be I can see the parking from where I am. so I can take care of everything else. Like I said, the the liquor's down the line um somewhat intentional so we can get in there, fix any uh issues that there may

684
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may arise right at first before we have to deal with that as well. >> Do you think you would be able to get that license during this upcoming season or is that >> I look to apply for that? Um I was under the notion that I needed the common victuals before I could submit that

685
03:11:29.359 --> 03:11:46.479
application. So, um, I know it's a process, so I know it would probably not be till July or August anyways. Like I said, that gives me 3 or 4 months to get everything else in line and worry about that before I'm worried about the next step.

686
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>> And you want to open Memorial Day. Is that correct? >> I am shooting for that. Yes, sir. >> Okay. All right, Mr. Brown. >> Yeah. and and then then >> so in our packet we also had um background information plans and so forth in a copy of the

687
03:12:02.800 --> 03:12:19.520
special permit from 1992 and it caught my eye that it said that the existing use that was approved in 1992 was that there was a general store and an apartment up above and there's nothing really mentioning restaurant service but there is specific language

688
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that said there should be no expansion of use beyond what's approved in 1992. I'm not sure that there's any provision for the type of arrangement that you're >> I don't know about 1992. Uh I do know that last year it would had all the

689
03:12:36.479 --> 03:12:53.040
licensing in place for a restaurant, >> but it was pretty pretty different, wasn't it? It was >> I mean they're doing the same thing, just not as much volume, not as much targeted time and plans. This looks like like seated restaurant service where I

690
03:12:53.040 --> 03:13:09.520
thought there was just counter, you know, minor little hot dogs. >> There were seats in there last year. >> I don't remember that. >> Um, yeah, I I think the as you said, Mr. Wshaw, I haven't necessarily had time to

691
03:13:09.520 --> 03:13:27.359
fully vet and and go through that. I find the wording in that permit >> a little well >> unclear >> unclear. right? That that the granting of that permit would does not would not allow any expansion of the use of the building. It it that permit itself does

692
03:13:27.359 --> 03:13:42.800
not does not necessarily imply to me that there is no possibility of expansion of use. So, but so that that is a concern and seems really unclear. The other thing is the the parking and and uh Mr. Wrench or Mr. Corn, I don't

693
03:13:42.800 --> 03:13:58.239
know. And I recognize the irony of me asking about parking minimums. Um, but, uh, look, I did not actually see any parking on the the plans, and that is is a a bit of a concern. So, I don't know if that's an issue you can speak to at

694
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all. >> Uh, for the record, uh, Jed Corno, community development director. um I can't really speak to it uh directly and so that's why I asked u Mr. Ranchaw the town manager to just give us a couple more weeks to consult internally with

695
03:14:17.840 --> 03:14:31.920
staff and maybe reach out to the applicant to identify exactly what the application includes and then go through that special permit in um in detail so that we can come back to this board and report our findings.

696
03:14:31.920 --> 03:14:49.359
But yes, in general sense, any time you're serving food in town, you're generally uh required to have parking spaces per number of seats that you have on site. So the the question really is in the past, have there been seats and

697
03:14:49.359 --> 03:15:05.120
the parking requirements were not enforced or were there never any seats there? And that's why the issue of sufficient parking has never come up. >> Exactly. So, we just need to dig into it a little bit further. >> Okay.

698
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>> Appreciate your help. Did you want to speak, sir? >> I can answer some of those questions if you'd like. >> Well, if you can help us, you know, figure this out be either way, wherever you're comfortable. Um, thank you to the select board and

699
03:15:25.680 --> 03:15:42.399
crew for hearing us out. I'm Mike Pachella, 196 Crystal Spring A. I live above the T-room and have operated for approximately 10 years and my in-laws have since

700
03:15:42.399 --> 03:15:58.319
you whenever you are saying the application was 92. I thought it was between 87 and 90, but I'm sure you're correct. Um, >> that was the reconstruction after the hurricane. >> Gotcha. Okay. As far as parking, we

701
03:15:58.319 --> 03:16:15.200
actually have parking. Um, we have about 15 spots of parking. Um, we as a beach community have always had customers walk up from the beach. We never really

702
03:16:15.200 --> 03:16:32.080
had to have much parking because not many people are driving to a restaurant. Um, and yes, it's been a restaurant. It's had seating. It always had seating. As a matter of fact, part of the lore of the T-room was that the kids and maybe

703
03:16:32.080 --> 03:16:48.880
even the parents carve their names in the tables and people go back every year to see their name and say, "Oh, I'm the one that did that." And I say, "Oh, you you're a vandal." Um, but anyway, we have had seating. We have um served

704
03:16:48.880 --> 03:17:05.920
food. We did breakfast, lunch, uh dinners, and historically, not only was it a convenience store, it was the post office for the neighborhood. There was a wraparound um

705
03:17:05.920 --> 03:17:22.160
you know, the old style that has all the little stools around it back in the day where people came for breakfast. Um, it was pizza at one time, you know, candy and

706
03:17:22.160 --> 03:17:37.359
ice cream for the kids, which we plan on doing. What, what it is, it's a family thing. Um, in the past, we had an arcade inside. That's not there any longer. It's uh, you know, kids have a phone they're walking around with with a

707
03:17:37.359 --> 03:17:54.000
hundred games. So, it's really, you know, not something that works anymore. But what we're trying to do is continue to exist, have a little action for the neighborhood. We're actually a benefit to the neighborhood and not a detriment. I

708
03:17:54.000 --> 03:18:10.399
don't think you're going to get 100% of the people to agree on anything even that the ceiling is white. So, of course, there may be somebody along the way that says, you know, they don't agree. Um, our neighborhood, there's things going on almost every night.

709
03:18:10.399 --> 03:18:26.560
There's people. If you were to sit out in my sidey yard with me. At 9:00 you'd see the people walking their carriages with their kids. Then at 10:00 you think everyone's gone. At 11:30 there's 40 people walking down the street. Some are

710
03:18:26.560 --> 03:18:42.160
young, some are old. There's a lot of people. We never really worried too much about parking because everyone is parked at one of the 400 homes that are in the vicinity. I always felt there was about four cars at every house, so there was

711
03:18:42.160 --> 03:18:58.080
1,600 parking spots. But over time, I made sure that areas that we had in the past that we we kind of wanted it to have fun and be able to sit and put a chair and look at the beach and the ocean. I didn't really want to have

712
03:18:58.080 --> 03:19:14.560
cars, but I made sure that that room was earmarked in case that, you know, so we were in compliance if asked. I uh I just pulled up um the map and I was looking through it and

713
03:19:14.560 --> 03:19:31.760
on a number of the polls nearby the restaurant it does clearly say no parking subject to to zone on a number of them. Um and you know I was actually I was actually knocking doors in this neighborhood last year. Um I remember remarking at um frankly I hadn't heard

714
03:19:31.760 --> 03:19:48.800
of you and it was so busy. So to speak to the uh you know uh or two years ago now to speak to the like driving place I I think it is from what I've seen and heard I don't think you're going to see a lot of people driving trying to park around the neighborhood. Um uh I do

715
03:19:48.800 --> 03:20:03.680
think you know and again we're approving tonight a food license. I think the liquor license would be a different story but for now from what I'm trying to see I think this is an appropriate operation for the neighborhood that that it's currently located in.

716
03:20:03.680 --> 03:20:20.000
Um, there has been some concern from some of the emails I saw about the hours of operation. Uh, I know you're proposing for until 10:00, but some people have suggested possibly a earlier stop time than 10:00. Would you

717
03:20:20.000 --> 03:20:35.760
entertain that? >> I can take So, in the past, we actually were licensed to go till 11:00 at night. We stayed open till 10:00 and found that, you know, that was okay for us.

718
03:20:35.760 --> 03:20:52.880
There's not much going on late at night. The reality is the reason that we ask for the hours is in the summer months. There's a lot of events going on that there's people out and around till 12:00 at night. You actually have a movie that

719
03:20:52.880 --> 03:21:10.479
starts about 8:35 on Sundays and little kids can go to this movie which is nearby. So, you know, if we were to close at 9:00 at night, we'd be closing before even the kids are home. It's we think that it's reasonable to clo to

720
03:21:10.479 --> 03:21:28.720
close at 10:00. Kirk and I will always make sure that the noise is not too much of a factor. The neighborhood can be a little noisy at times. You know what? Honestly, I live above the place. I won't be living there very long if it's too noisy because my wife won't allow it. We're

721
03:21:28.720 --> 03:21:45.439
This isn't We're not looking to be open at midnight. We're just trying to bring back for the neighborhood, which again, we are a bonus to the neighborhood, not a detriment. So, if you don't mind my asking, you keep saying we, and I'm

722
03:21:45.439 --> 03:22:01.279
trying to understand or get a flavor for who's the operation. Is it Mr. Fitzgerald? Is it you? Are you going to be collaborating >> on dayto day? He Kirk is going to come in and run the place, has restaurant background, and, you know, basically

723
03:22:01.279 --> 03:22:17.760
tell us the things that we need to do to be proper and run great. I personally as a neighbor and being in that neighborhood, I didn't want this to be Applebee's is downstairs at my house and I'm above it and there's a line in the sand and

724
03:22:17.760 --> 03:22:33.520
that's it. When Kirk came to me about it, we spoke and I said, I want to be part of this. The neighbors want to see me there. It's part of what we do is like my father-in-law actually started all this and he all he did was favors

725
03:22:33.520 --> 03:22:48.560
for everybody around. The reason why it was an arcade for the kids and fun and and food for everybody was because that's what he wanted >> and that's what I want as well. And I'll be here to support anything that Kurt's

726
03:22:48.560 --> 03:23:09.040
doing. This is why I say we. >> Okay. Uh Dr. Goldstone and then I'm going to see if anyone in the public wants to speak. Go ahead. >> Okay. Yeah, please. Go down a little bit. >> Yeah. Uh down.

727
03:23:09.040 --> 03:23:23.359
>> Just push it down a little bit. Just push it out. Just >> leave it alone. Can you see? >> You can take it right off if you want to hold it. >> Um I'm Pam Kirk. I am going to butter to the property of the T-room and I object

728
03:23:23.359 --> 03:23:42.239
to the outside part. He wants his dining area in his yard, not inside the building that he lives in. And the T-room used to be a few years ago. As an abuter, I have some concerns.

729
03:23:42.239 --> 03:23:59.840
Um, you touched a little bit on the parking. Um, there's no parking on my street. We have to park on our grass. Thank goodness we have sewers because we used to have sept septic tanks and that was bad. SEP. Um,

730
03:23:59.840 --> 03:24:17.520
and when I read the part the one of the things on the internet, it said the parking spaces had to be on site. And I kind of find it's hard to put five 12 parking spaces around the T-room. It

731
03:24:17.520 --> 03:24:33.600
might be capable, but it will be close. That's one of my concerns is the parking. And you you did address address it. Another one of my things is what are they going to do with the trash and the garbage?

732
03:24:33.600 --> 03:24:50.960
Um there's no place >> What have they done in the past? If you're in a butter >> as in a butter they >> I mean you've seen what's happened. What have they done in the past? >> They used the the association's trash um dumpster. >> Okay. they did not have their own

733
03:24:50.960 --> 03:25:06.960
facilities to put their own trash and their own um stuff. Uh so that's a big concern. And if they get a dumpster, where are they going to put it? Because it's going to be adjacent to my going to

734
03:25:06.960 --> 03:25:24.239
be in my backyard um because of the way the thing is set up. The other third the um the third thing is is it handicapped accessible? Um at the moment it is not accessible

735
03:25:24.239 --> 03:25:41.200
from the street to the dining area. Um the and is the um rest area, restroom big enough to enclose like a person in a h in a wheelchair to

736
03:25:41.200 --> 03:25:59.120
go to the bathroom and that person may need an assistant to help her help him or she he or she out of the chair to get on. Those are my biggest ones. And the other one is to um 10 o'clock at night,

737
03:25:59.120 --> 03:26:15.680
6 o'clock to 10 o'clock. There's a lot of hours for somebody. Our our lots, our neighborhood are 20 ft less than the less than the wind, half the distance of this room from each other, the property

738
03:26:15.680 --> 03:26:30.000
lines. So we have bedrooms that people are sleeping in in the house 10 ft away. Um each each property is the boundary is a top 10 ft from each

739
03:26:30.000 --> 03:26:46.000
building. So there's not much room for and the noise just people talking. It's going to be a nuisance. And this is five days a week for five months that he is asking for this license

740
03:26:46.000 --> 03:27:04.560
which is an awful lot of time when people are down for vacation. Now if he had it inside it would be a different side but they he wants it outside. It' be a much different story if the if the 24 dining spaces were inside. I'd be

741
03:27:04.560 --> 03:27:21.439
very I I still question the trash and I still question the parking, but as far as serving food, I think it's a great idea as long as it's not outside in our backyards. Thank you very much.

742
03:27:21.439 --> 03:27:38.960
>> Just going to ask a question on the uh license application review. Is there a particular reason why building did not comment on this application? Were we waiting for building to make an um comments or? >> So, uh great question, Mr. Chair. Typically, the process is um the um

743
03:27:38.960 --> 03:27:54.800
Phyllis Downey in our office will send out um requests, follow those up with a second request, but based on upon the timing of making an particular agenda, if there are no comments or input received, we we'll we'll we'll post the packet. Um, and it was part of my my

744
03:27:54.800 --> 03:28:10.000
rationale and my thinking that, you know, perhaps some additional time to review would be uh would be appropriate for this particular item. I understand the applicant wants to keep going by Memorial Day. Um, but I I in this particular case that would explain why building didn't respond in a timely manner to the request and a follow-up

745
03:28:10.000 --> 03:28:24.640
request and uh and we decided to move forward with putting the application on. >> I from my perspective uh I I wanted to at least hear the application. and I know they're looking to start Memorial Day. We have one more meeting on May

746
03:28:24.640 --> 03:28:42.640
18th and then it is Memorial Day. So, um you know, if we need to do further investigation, we can we can certainly uh we can certainly do that, but I wanted to get the application heard, you know, concerns that might have been raised heard and uh and that was why I felt it

747
03:28:42.640 --> 03:28:58.880
appropriate to to hear it this this evening. Uh I'll turn to Dr. Goldstone and then Mr. Murphy. >> Yeah. >> Um >> clarifying on the seating because um I'll admit looking at this plan I had missed the outdoor. It looks like

748
03:28:58.880 --> 03:29:16.319
there's tables one through six. Six four tops is your 24 seats that are pictured inside the building. But then the same T1, T2, T3, T4, T5, T6 are also outside. So is that both? You're looking for 24 inside, 24 outside.

749
03:29:16.319 --> 03:29:32.479
>> Yes. >> Yes. Wow. >> Okay. >> Yeah. I guess I I'm feeling at the moment like I um this feels like a case where there was something really special and informal

750
03:29:32.479 --> 03:29:47.600
that over time has grown and we're getting to a point of formalization where it feels like crossing some tees and dotting some eyes um is needed and a little bit more time is is necessary for that. Um, I hear you that with the

751
03:29:47.600 --> 03:30:02.560
number of emails we're getting, it's a very small number out of 400 houses. Um, but given that there is um concern by Abutters and and push back from some in the neighborhood, I do feel it's important that we that we do our due diligence.

752
03:30:02.560 --> 03:30:22.399
>> Mr. Murphy. >> I'm Kevin Murphy. I made my living in my adult life in the restaurant business. The first restaurant job I ever had was working at the T-room. So that surely was quite a few years ago, I might add,

753
03:30:22.399 --> 03:30:39.359
and I was 12 years old. So that has been an operation for many, many years. In all aspects, it's a beach concession. We have beach concessions at public beaches everywhere in town. In Meganet, they have the yacht club that has a

754
03:30:39.359 --> 03:30:55.680
beach concession. This is the beach concession. Even our regular beach concessions want to stay open later to serve ice cream and things of that nature to their customers. Good part is they're not serving it

755
03:30:55.680 --> 03:31:11.920
right on the beach. so they're held accountable to the people that are there. The board of health will step in about the trash and those are the issues that the board of health will deal with. I can tell you that it's within your

756
03:31:11.920 --> 03:31:28.319
realm if he operates and it doesn't it has noise violations that you have the ability to step in. However, putting this off will make it harder for them to open on Memorial Day. It's

757
03:31:28.319 --> 03:31:45.279
purposely to try to kick the can down the road on these folks. There really is only 12 weeks in a summer and in this case, it's probably eight and that's how you're going to try to make a living. So, you have to get off running. I will

758
03:31:45.279 --> 03:32:01.600
say that it is an institution over there. And when we start talking about shutting a place down at 6:00 at night, I just looked and Googled it doesn't the sun doesn't set until 8:25

759
03:32:01.600 --> 03:32:18.960
on July the 1st, which means it doesn't get dark until 9:30. So the movies which are right across the street catered to the families but they're there until 10 11:00 at night. So bottom line is

760
03:32:18.960 --> 03:32:33.439
those are his customers. If they don't want to come, they're not going to come and they're going to put him out of business. I suggest that you approve it the way it is so that he can get going and operate and begin the season for

761
03:32:33.439 --> 03:32:50.239
Memorial Day. Thank you. in in answer to Mr. Murphy's comments if we did you know hold it over and get a you know analysis from Mr. Corno and Mr. Street and what have you as to the

762
03:32:50.239 --> 03:33:07.680
zoning issues that might exist? Uh would you still be able to operate starting Memorial Day? >> No sir, I would I would not. I'd need to get the health inspection. I need to get everything else taken care of. Um I you're talking the 18th, right? And

763
03:33:07.680 --> 03:33:28.479
Memorial Day is a couple days after that. Um it just wouldn't be feasible to get open in that time. >> Okay. U ma'am, you have some comment >> to the board. I'm not very good at speaking. I'm doing at nature. But in

764
03:33:28.479 --> 03:33:43.760
any event, um I I'd like to reiterate some of the points that you've already made. I think you have read the emails. Um >> name did you identify? >> Oh, my name. Oh, Terry Ford and I live at New Silver

765
03:33:43.760 --> 03:34:00.479
Beach. I'm not a an immediate abutter, but maybe two houses back. So, we do hear a lot of, you know, the noise in the neighborhood. Uh, I'm not against food, but let me just read this to you. It's less than two minutes. Uh, my

766
03:34:00.479 --> 03:34:16.160
husband, Dennis Ford, and I would like to voice our opposition to the T-room application. We have been year-round residents in New Silver Beach for 47 years. The T-room application refers to seating for 24 special permit number

767
03:34:16.160 --> 03:34:31.600
20-92 after Hurricane Bob granted to the T- room in on January 15, 92 states that no expansion of the use of the property is allowed. The permit alluded to the fact

768
03:34:31.600 --> 03:34:49.040
that the T-room is a general store and apartment building expanding to a 24 seat commercial restaurant open from 6:00 a.m. to 10 p.m. would be a violation of that permit. Any license granted would be a direct contradiction

769
03:34:49.040 --> 03:35:07.120
of an existing ZBA decision also by law 240-14 states that there should be one parking spot for every two seats in the establishment. There clearly is no room for that amount of parking on the property. Finally, the applicant states

770
03:35:07.120 --> 03:35:22.800
that he is the manager of the T-room. There is no reference to the owner with the lease that says the renter will pay only $1 per month. It appears that a further explanation of the ownership should be brought forth. Question for

771
03:35:22.800 --> 03:35:39.120
the board. Should the ownership have been public information before tonight's meeting so taxpaying residents have an opportunity to decide if they are in favor or not? Were any of these laws mentioned above considered before the

772
03:35:39.120 --> 03:35:53.359
meeting? We would like to recommend that the board postpone a vote on the license until these violations can be addressed by the board and then brought forward in a subsequent select board meeting. Thank

773
03:35:53.359 --> 03:36:15.120
you very much, Terry. Board. >> Anyone else? Yes, sir. I too am not a big fan of talking in public, but this is my first time to select meeting. Thank you. This has been informational. I'll be coming to all the rest of them. So, uh, informational great night. My name is Mike Biscotti.

774
03:36:15.120 --> 03:36:30.560
I'm from 89 Crystal Spring. And I've lived here year round for 5 years. And mainly because of this guy. I was looking for homes to buy down here and moved down here literally right before we got sequestered for COVID and bought my house. and we looked at five

775
03:36:30.560 --> 03:36:47.279
different towns. The tea room was open then as a restaurant and I went in with my kids for lunch. Walked in and my son sat there and he really didn't know what he wanted to order and Mike addressed them. They had a bunch of funny interactions for a couple of minutes. We walked out and my son goes, "Dad, this

776
03:36:47.279 --> 03:37:02.720
is where I want to buy a house in this neighborhood." We walked around. It was kind of like this little center, this little microcosm of the neighborhood. And it was live and it was bustling and it was happy and it was neighborhood. It wasn't a bunch of cars parked around. It was everybody from the beach walking

777
03:37:02.720 --> 03:37:19.600
over to hang out and see Mike and Holly and the kids and the arcade. And I bought my home here. I've been here for 5 years year round. Go to the new Silver Beach website and look who's on it. There's doers and there's talkers. Mike's a doer, right? He's a genuine

778
03:37:19.600 --> 03:37:37.040
good human being that's all over that web page. Look at the blizzard that we just had. This guy gave up his work for a week and a half and sat there and brought his excavator from another place down to the neighborhood just so he could do everybody's driveway and the main streets for free. This is not a guy

779
03:37:37.040 --> 03:37:52.560
looking to make a million dollars. He's looking to make a little bring back what was there three years ago. He wants just wants to be able to make a couple of dollars while he's doing it and not be working 48 million hours a week and put together a real kind of microcosm again

780
03:37:52.560 --> 03:38:09.840
of what it was back then. So great genuine moral human being. He deserves to have a place there that was already running and just go back to what it was a few years ago when I moved here. So big fan of this guy and I hope it works out. Thank you, >> Keith. >> Mr. Chair.

781
03:38:09.840 --> 03:38:23.920
>> Yes. >> Um well, two things. One, I think this is this meeting has been an endorsement of why voters should vote for the uh licensing commission uh because of the amount of time this has taken the board and I thank the previous board for their work on that. But secondly, I just could

782
03:38:23.920 --> 03:38:40.479
you respond to the um trash um situation. Um I I hear your concerns. I I would kind of prefer to give give these folks a shot um because I think the other things can be mitigated. Um but I do hear you on the trash one and I just wanted to know what your plan is on that.

783
03:38:40.479 --> 03:38:56.160
>> Thank you so much. I've been here with baited breath. Please, you know, Mrs. Kirk is right. Um, I did use the association's dumpster. I actually provided and paid for it for the association. And here's why. If you

784
03:38:56.160 --> 03:39:12.319
go pick trash on the beach, you're probably willing to do that and pick it up and put it somewhere, but I'm not willing to bring that into my house. So, I wanted to make sure there was somewhere where people who pick trash could put the trash. I also maintained a dog poo barrel with every two days I

785
03:39:12.319 --> 03:39:29.279
personally who I don't have a dog would take that away. There will be no trash on the beach. There's no trash because of me. I make sure of it. And if something goes wrong, if someone came to me, I would help solve it. Um

786
03:39:29.279 --> 03:39:46.800
Mrs. Ford when we were open. I remember her sitting in the seat for a majority of the day folding shirts that they were selling across the street at the store for the um for the association. Everyone's been there. And to speak that

787
03:39:46.800 --> 03:40:05.680
it's expanded. It's not expanded. It's a beach community. People took their food and would eat outside at a picnic table. This has gone on way before I was even there. This is just a continuation of use and I brought Kirk in to help

788
03:40:05.680 --> 03:40:21.120
make sure that we do everything correctly for the town. I could have already changed to something else, made it my home, and probably had a lot less headaches. This is an important part of the

789
03:40:21.120 --> 03:40:35.920
community as it was the post office. It was it's a snack shack for the people to go. We're just trying to make a little bit better food for our community. We want to do events. I have special need kids that we do things for.

790
03:40:35.920 --> 03:40:52.160
This is what it's all about. If you if you don't vote on it tonight, yes, it's going to serious. It might even put nail in the coffin for us truthfully because we're doing everything we can to be ready to go and get back rolling and be

791
03:40:52.160 --> 03:41:07.200
how we should be. So again, on the >> what happens what happens if we approve the license and it's determined that you're out of compliance and you're going to get a notice and you're going to have to stop uh you know stop business, right?

792
03:41:07.200 --> 03:41:22.239
>> I'm not out of compliance. I can assure you I have parking spots >> and I could show you tonight the parking spots. They're actually on the plan. We I was almost going to park cars in all the spots and take a video of this, but

793
03:41:22.239 --> 03:41:37.680
I just assumed that everybody knew. I can put six cars in my driveway at the house. I have three spots in front of my house and I have six or more spots in front of the store. We They may not think they're spots because I don't use

794
03:41:37.680 --> 03:41:53.040
them like that. We let it so it could be bikes. We wanted it to be fun. Nobody really comes and parks. If they do, we have a spot. As a matter of fact, no one really even comes down to deal with parking in our neighborhood unless

795
03:41:53.040 --> 03:42:08.720
someone calls on the T-room every day at the pickle park across the street, the pickle ball park, tennis courts, they're all parked there. And I know if I had cars that were parked like this, I would have a call in 10 minutes from

796
03:42:08.720 --> 03:42:24.479
somebody. Just to be clear, I didn't suggest that you were in violation. And I said that if it was determined that you were but but parking is not the only issue. I think the the bigger issue that we're struggling with as Dr. Goldstone

797
03:42:24.479 --> 03:42:39.600
mentioned the wording of the special permit from uh 1992 after the hurricane is unclear. Uh and uh so I'm I'm just saying, you know, we could go forward,

798
03:42:39.600 --> 03:42:56.160
grant you your application, but it might get delayed or stopped if you know the the uh administrative uh the zoning administrator, the the building commissioner determines that you're in violation. >> I understand.

799
03:42:56.160 --> 03:43:11.200
>> That's all I'm saying. I mean, >> completely understand. Uh the um >> I forgot I lost my train of thought. I'm sorry. >> I just uh >> so >> I want to be upfront with you too. I mean I I'm not comfortable with 48

800
03:43:11.200 --> 03:43:28.000
seats. I don't ever remember this place. I'm not a person who's lived out there, but I don't ever remember this much volume of restaurant activity in that place. And you got a stone wall that's right up against your property line. That's probably in the roadway. I just see this. It just seems like this

801
03:43:28.000 --> 03:43:43.520
is uh growing. >> No. >> No. How long's that stone wall been there? >> Probably 20 years. It was long before me. >> Huh. Okay. >> Yeah. No, it was long before me. It's actually on plan and it's it's on the

802
03:43:43.520 --> 03:43:59.840
property line. It was built and designed on the property line, but it wasn't done by me. It was >> okay. >> It was long before me. It actually replaced another wall that was actually farther out. I think that, you know, if if you guys are inclined to approve this tonight, I

803
03:43:59.840 --> 03:44:15.120
would recommend it to be the indoor part of it. So, I mean, at least that would be safe for you. If we approve something beyond that, I just feel like we're opening up a can of worms here. >> Would that preclude people from taking

804
03:44:15.120 --> 03:44:31.840
the food that they've ordered inside and going outside to sit? >> I don't know. Is there another authority that's going to view this site plan or is this going to be it? pizza. >> People always sat outside at this restaurant. This is on the wall on the

805
03:44:31.840 --> 03:44:48.800
ground. >> Yeah, I I think the answer to that is that this would be it. Um I'm not seeing I I did preliminarily look at the site plan. I didn't see any additional square footage, so planning board wouldn't be involved. Um but you know most directly

806
03:44:48.800 --> 03:45:04.080
my concern is the restaurant operation um and its impact on zoning because in that zoning district restaurants aren't currently allowed. >> Uh and so we want to just make sure that again a use isn't expanding to Dr.

807
03:45:04.080 --> 03:45:21.920
Goldstone's point earlier to a point where it is in violation of the zoning bylaw. So again, just asking for a little bit more time so we can consult internally and then uh obviously talk with the applicant. >> I think it would be in everyone's best interest to make sure where we really

808
03:45:21.920 --> 03:45:36.560
stand here because you're going to invest a lot of time and energy into something that might be a problem. So here's I mean I'll say again it sounds like something that has been going on for a long time informally

809
03:45:36.560 --> 03:45:51.279
and a wonderful part of the neighborhood that we're we're butting you know it even says in the special permit that it predates stoning right so um personally I would like to see this

810
03:45:51.279 --> 03:46:06.160
succeed long term and I would like us to not be doing this every single year in order for that to happen. And so, um, what I guess I'll make a a motion for

811
03:46:06.160 --> 03:46:21.920
approval conditional upon, um, resolution of special permit, parking, and trash concerns with town staff and encourage you to work with town staff to resolve these issues as quickly as

812
03:46:21.920 --> 03:46:38.080
possible. hopefully before it would be coming back to us in two weeks at our next meeting so that we just have this settled so that it's not coming back year after year. Is this the use? Is this the parking? Is the you know because it it's similar to what we

813
03:46:38.080 --> 03:46:55.199
heard last year in terms of concerns and I would just like to get it >> second solidified. >> I I second that motion. >> I'm not in favor of 48 seat restaurant in a residential area. I'm just wondering uh it's a good suggestion. I'm just wondering how that

814
03:46:55.199 --> 03:47:09.520
would actually play out as to satisfactory resolution of those three issues and you know are we really doing anything other than uh you know other than just really not not making a

815
03:47:09.520 --> 03:47:28.160
decision. Um, I would be I'm thinking that I would be more in favor of granting it with the understanding that there are and that the applicant understand that there are significant questions about its use, about the zoning, about

816
03:47:28.160 --> 03:47:43.359
issues of parking, uh, and that it may very well, you know, be out of compliance based upon what what that investigation shows. Uh but uh I'd be more in favor of moving forward with the

817
03:47:43.359 --> 03:47:59.199
application and if they're in violation like no no different than any other application. They come they say they're in compliance we give them a license and they're not in compliance and operation gets shut down. I you know I think is a good solution

818
03:47:59.199 --> 03:48:15.840
but I just don't know how we actually monitor it. But but basically that would be the same thing. that's what you know they're going to you know take every effort to make sure it works uh and answer any questions that they have but that's how I would approach it.

819
03:48:15.840 --> 03:48:32.720
>> So I I'd be okay with that. Uh motion to approve the application by Carfix Jail the T-Room 196 Crystal Springs A for a common fixure license as presented. >> Second. Can I ask a question of of uh town

820
03:48:32.720 --> 03:48:50.160
management? Um I this is a an approval with direction to staff to continue >> absolutely >> investigating. If there's a problem, there's a problem. We want to know about it. >> If there are issues that are surfaced, what would be potentially the path

821
03:48:50.160 --> 03:49:07.279
forward? Is that to to ZBA for a variance or a what? What's the >> So if if it can be determined that the operation of the use is in violation of

822
03:49:07.279 --> 03:49:24.080
the special permit, then we would um identify what the issues are, what the actual violations are. Uh always the first thing that we always do is try to work with the homeowner to get or the or the property owner to get compliance and

823
03:49:24.080 --> 03:49:40.800
if compliance can't be achieved then we will enforce the terms of the special permit but that can act outside of the grant of the license just like chairman Mscali was saying you can approve the license and separately on a separate track the town

824
03:49:40.800 --> 03:49:57.680
can review the special permit for violations. questions kind of answer your concern. >> Oh, you got all the emails and you've got a Butters present in opposition and you're going to approve a 48 seat restaurant. >> Yeah, we got emails in support as well.

825
03:49:57.680 --> 03:50:14.239
I mean, that's our decision as board members. I I am Doug. If it's a violation, I mean, if if it's a violation, it's a violation and they're going to have to scale it back if that's the determination. I'm not discounting what you're saying

826
03:50:14.239 --> 03:50:30.640
at all. >> I would suggest that the board look at it holistically and pair it down now to something that is reasonable that we're going to approve. You're going to approve this whole thing and then say good luck. I mean, it doesn't seem reasonable to me, but whatever.

827
03:50:30.640 --> 03:50:46.800
>> I mean, it to your point, Mr. Brown, the application is for a 24 seat. >> No, it's 48. You just pointed out yourself. >> Well, what is 24 inside, 24 outside? is stated in the application I believe is for 20. Right. So >> you see, >> right? So there's there's an

828
03:50:46.800 --> 03:51:02.560
inconsistency. >> Well, you asked a question, Mr. Fitzgerald, if >> uh you know, could people just take take it out and, you know, sit on the wall or sit on the ground or bring a, you know, lawn chair and and sit? Would you be

829
03:51:02.560 --> 03:51:18.560
amanable to reducing to to Mr. Brown's uh concern that the 24 outside seating at this point. >> I didn't suggest that. >> I said inside. >> Well, you want them inside or outside? Where do you want them?

830
03:51:18.560 --> 03:51:35.600
>> The neighbor that the butter said they'd be okay with inside. I'm just saying. >> Well, that's what I'm saying. Scale back the outside. >> Promising that or offering to prove something. It doesn't seem to make sense. To me, it seems like a lie. >> Can I answer to you guys?

831
03:51:35.600 --> 03:51:52.399
>> Go ahead. Um, so this is a beach community. It's like 90 degrees. Honestly, no one's going to want to be inside half the time. This is why we're trying to have seating outside. For as many years as we've been there, people are outside. They're at the beach. And

832
03:51:52.399 --> 03:52:08.560
with all due respect to Mrs. Kirk, I hear her people talking on her deck at 12:00 at night, too. We're all that close. >> If anyone comes to me as a neighbor, I correct with the problem. I'm actually going to be the person that helps you when you fall down your stairs and end

833
03:52:08.560 --> 03:52:25.439
up with a broken hip. I'm going to be one of the top two first two people that show up because that's the type of people we are. I'm not going to allow something to go wrong or bad. And I believe in the past when everyone did have a septic system that things are

834
03:52:25.439 --> 03:52:41.439
different, but it's sewer in that area now. So, um, as she said, she parked on her grass. She has a lot that has no parking. Um, I'm on Ocean View where the only road in that neighborhood was is

835
03:52:41.439 --> 03:52:56.960
actually 30 ft wide. There is some on street parking as well there. Most people in our neighborhood do not have parking, but I do. >> Okay. All I'm saying is to me when I look at this, it looks like an expansion

836
03:52:56.960 --> 03:53:13.359
of use. And we just got a packet that says you got a special permit that says there won't be an expansion of use. That's why I'm I'm bringing it up. >> Understand I understand what you're saying, but I'm just telling you that it isn't. >> In the past, what happened is we serve food, they went outside, they're out on

837
03:53:13.359 --> 03:53:28.800
tables, they eat, they bring their beach chair, sit there, or they go somewhere with it. That's going to be a determination of the building commissioner as to whether it's an expansion of use and then you know the applicant will have its uh it's its remedies with respect to that if

838
03:53:28.800 --> 03:53:45.840
that's what's determined. You know I'm not saying it's you know it's it's should go forward. All I'm saying is dealing just with the the the common Vic license uh and then you know that's their risk. They want to go ahead and

839
03:53:45.840 --> 03:54:02.080
they want to invest money in everything else in light of concerns that are quite you know justified or at least reasonable notwithstanding your your statement that you don't think it's an expansion but our community director is

840
03:54:02.080 --> 03:54:19.120
saying that he thinks it is. So I'm you know I'm okay with granting the license at this point. You guys can get get going. But you have to understand there's a very real possibility that you're going to be held to be not in compliance and and you would be taking

841
03:54:19.120 --> 03:54:34.319
that risk. >> I guess I would ask why it was issued in the previous years. Then >> that's a very good question Mr. Fitzgerald and I don't know the answer didn't come up last year when we approved what we approved >> and I have been working dayto day with

842
03:54:34.319 --> 03:54:51.359
the building department even in touch with them today. They've had the plans. They, you know, they came out and suggested certain signage and things like that and I've gained the approval. We have bought health inspections every year. Everyone's seen the stove, the

843
03:54:51.359 --> 03:55:07.439
oven, the fryer later, the grease trap. Like, there's nothing new. It's a, you know, and honestly, I have enough area to have 150 people outside. Well, that's not what we're trying to do. We're just trying to have some seating for the people that are

844
03:55:07.439 --> 03:55:25.199
outside because if it's raining, they're not coming. >> Okay. This lady would like to speak again. >> Okay. >> Um about eight years ago, I should say 10 years ago when Mike came, he we had the

845
03:55:25.199 --> 03:55:42.000
tea room was inside and we had lovely meals there or sandwiches that you could take outside. He now wants to make that inside. >> Pull the mic. >> Oh, sorry. Okay. Yeah. >> He's now he now wants to take and put

846
03:55:42.000 --> 03:55:57.760
this in his backyard. Now we have he wants to serve food until 10:00 at night. He'll he's ask going to ask if he gets this permit, his next step is to get alcohol and entertainment.

847
03:55:57.760 --> 03:56:16.399
We are, as I said, 20 ft apart. That's not even the width of that's half the width of this room. And at 10:00 at night, do we do we as neighbors, is he considering us that we have to listen to our friends

848
03:56:16.399 --> 03:56:32.880
have alcohol and their voices get louder and their behavior gets as most people do, they get louder. We have to live with this five days a week for five months. That's >> well I'll go on record of saying I would have some some major concerns with

849
03:56:32.880 --> 03:56:50.479
respect to an alcoholic license at this >> well I mean that's something we're going to deal with >> at the next step I know that but just we have um he had lovely little meals when the first couple of years before co when

850
03:56:50.479 --> 03:57:07.920
whenever that was and it was closed he had wonderful food and I'm not denying the fact that he has his little restaurant, but he wants to take it on till 10 o'clock at night. And then he wants to add alcohol and

851
03:57:07.920 --> 03:57:22.000
entertainment. And those are my objections. Plus, I don't know what he's going to do with the trash. Thank you. >> Okay. Well, let me let's try to wrap it up. Just to summize, I think what you

852
03:57:22.000 --> 03:57:39.520
have is a little small thing that's grown little by little over the years. Now the spotlight's on it because it's really getting bigger and now the whole thing is coming out into the the forefront here and I think it's creating

853
03:57:39.520 --> 03:57:56.319
a a situation where now we've looked at that special permit which I don't think we did in years past because now this is a bigger request and as the town planner just said you're in a residential zone and restaurants aren't allowed. So, it's been a kind of a grandfathered thing

854
03:57:56.319 --> 03:58:12.800
that's been happening for years, but to officially condone it and say, >> but we're not I mean, that's I think we've made that very clear. We're not condoning if it's a violation or if it's determined to be a violation for whatever reason, that it's a zoning violation that it's an expansion of the

855
03:58:12.800 --> 03:58:26.880
use. >> All we're saying is, okay, you're, you know, common Vic. I mean, I do have a question about the hours of operation. I'd prefer to see it 9:00 instead of 10:00. Um but um >> Well, that's not the motion you got.

856
03:58:26.880 --> 03:58:42.640
>> No, I just said I prefer that. That's all. >> Okay. Well, >> well, do you want to amend the motion to >> It's not my motion. >> Dr. You made a motion. >> I did conditional.

857
03:58:42.640 --> 03:58:58.640
>> Conditional of of in an attempt to try to expedite. I mean, I will say I came into this discussion tonight thinking yes, approve. And there's just a lot of questions. And I think, like I

858
03:58:58.640 --> 03:59:15.040
said, for the long-term success, getting those questions resolved as quickly as we can is the best path forward for this business to be successful long term. Because otherwise, we're going to be back here over and over and over with,

859
03:59:15.040 --> 03:59:30.560
is there enough parking? Is there what's the seating? What's the And and if we give a license, that is us essentially saying we don't have questions. We think it's fine. >> I I think I made it very clear that that

860
03:59:30.560 --> 03:59:46.160
would not be what we're doing. We would be granting a license uh for what they're proposing to do. Uh and if the use is a violation, that's a >> beat a dead horse here. That that's their problem. I'm not condoning

861
03:59:46.160 --> 04:00:01.120
anything like that. >> Well, so I'll make my motion again and see if it goes anywhere. >> So, we have a motion and and I second it. >> Uh and um no, but I'm I'm getting that there's not three votes in favor of that motion.

862
04:00:01.120 --> 04:00:16.720
>> Yeah, I mean I can >> So, >> I'm will I'll withdraw it for now. I'm willing to hear what the vice chair is suggesting. >> Same same as before. >> Could you repeat that for me? approval conditional on resolution of special permit parking and trash questions with

863
04:00:16.720 --> 04:00:32.960
town staff >> and hours. >> I think we're we would be saying we can say it would be approval for what hours conditional upon resolving these questions, right? And so >> yeah, I was going to say can we do can we do that? >> So I just want to make sure that

864
04:00:32.960 --> 04:00:48.560
everybody understands what that means. So that means that the CV will not issue until such time as all of the all of the other problems are resolved. >> And and that's what I'm trying to avoid, right? To be quite >> honest. I just wanted to make sure that

865
04:00:48.560 --> 04:01:04.720
that's what the you wanted the motion to be. So they won't they won't have a CV, >> right? >> I mean, I really think what I'm suggesting is the same thing that you're suggesting. >> I in a different way. I I I don't suggest I don't recommend that you

866
04:01:04.720 --> 04:01:20.319
condition the the issuance of the license based on enforcement. Enforcement can take years, which would leave the T-room without any way to operate at all pending resolution. Um,

867
04:01:20.319 --> 04:01:35.439
instead, because they're on two different tracks, I would recommend issuing this the CV license with direction to investigate and enforce if >> if needed. >> So, I'm going to make this motion. I'm going to make a motion that we approve

868
04:01:35.439 --> 04:01:53.399
the CV uh with a reduction of hours to 9 to 9 p.m. uh conditional upon not not conditional upon, but with an understanding that uh further investigation will be necessary. That's that's the motion I would make.

869
04:01:56.960 --> 04:02:14.239
>> Um, at the very least, I would want to amend that motion to make it clear that we is approval for a common vic license for 24 seats, not 48. That's that's what was originally applied for is 24 seats.

870
04:02:14.239 --> 04:02:31.840
Um, >> were those inside or outside? >> I think I think just saying 24 is fine. Um, >> I mean, you seem to indicate that people people would take this stuff outside, right? And not necessarily have tables.

871
04:02:31.840 --> 04:02:48.000
>> I could go along with that. >> So, 24 seats to 9:00 p.m. with direction to continue resolving >> to continue investigating, >> continue looking into the the special permit. Okay, that's a motion. >> Are you Are you Is 9:00 p.m. a

872
04:02:48.000 --> 04:03:04.640
non-negotiable for you? I think that he has a clear track record and he's willing to work with neighbors on 10 p.m. >> I've heard some neighbors would prefer 900 p.m. So, >> how about 7?

873
04:03:04.640 --> 04:03:21.600
>> I need those extra hours to make the money work. It's when the people are there. We have been closed for five years because a small minority of people that we've listened to and I get it. This is

874
04:03:21.600 --> 04:03:38.160
you guys's job, but you've allowed them to push the narrative that it's a bad thing. It existed for 20 years without any there's never been a report or violation or anything. We've been inside, outside. No one even knew

875
04:03:38.160 --> 04:03:53.600
>> that this is a beach community. It's not inside, it's outside. We have seats inside. We always have. I've had town workers come into the place. It's This is nothing new. It's not an expansion

876
04:03:53.600 --> 04:04:09.520
and it's not the backyard and and it's not 20 ft away. Um, we're in the front on ocean view with a little area and honestly the small the few tables I put out there, they're about 15 ft apart from

877
04:04:09.520 --> 04:04:26.640
each other. It's it's uh truthfully it's disheartening really. We're trying to do this for the community. And had had I realized that um you know, we needed to have people here, you would

878
04:04:26.640 --> 04:04:41.120
have a line out the door with people that are saying the opposite. When you get emails from the same people and the same million times, this is not a majority. There's probably 92% of this neighborhood supports everything we're

879
04:04:41.120 --> 04:04:58.640
doing and 8% doesn't, if less. For me, this is really reminiscent of the Sea Coast Shores license issue we just had where we had this exact thing happen where there are valid concerns. I'm not downplaying your concerns. I want to make that clear. But um people don't know when something's in jeopardy until

880
04:04:58.640 --> 04:05:14.880
it is. And then we saw we had 500 people in this room. I think we're in the same scenario here. >> So So are you good with debating at all? I I have a feeling that the majority of the neighborhood does love it and and I want to see it succeed. I just think that it's been operating in shadow

881
04:05:14.880 --> 04:05:30.720
territory for a long time and to we need to get this off our plates and off their plates so that it's not closed for 5 years so that it can just be open and be on the books and move forward. >> Well, you were open last year. What's this?

882
04:05:30.720 --> 04:05:48.160
>> We got our license open last year and we had like one event but we were late to the game and and that was that. Um, we have a very small window of being able to to do what we're doing. >> That's what I'm trying to, you know, I'm trying to accommodate. >> We asked for the 24 seats inside and 24

883
04:05:48.160 --> 04:06:03.199
outside so that if you know, people are outside, they're going to be outside. All the services inside. It's just that people choose to go outside and sit to eat in the nicer weather. You know what I mean? I could imagine them gravitating

884
04:06:03.199 --> 04:06:19.439
inside as it was colder in the later in the evening. If there's a noise complaint, it's usually dealt with by the town and then we would have to deal with the proper ramifications of that. >> I'm only suggesting that you scale it back for your own good because I don't think you're going to be successful with

885
04:06:19.439 --> 04:06:36.160
this situation that you're in with this residential area. I just don't I don't see how it works. That's why I'm offering this idea. But if it's against zoning, you know, whether it's 24 or 48, if the building inspector determines what building commissioner determines

886
04:06:36.160 --> 04:06:53.359
it's a violation, it's a violation. Whatever the seating is and whatever the hours are for that matter, >> the building department signed off on our plan which showed 24 seats inside and outside. >> I don't we don't have anything from the building department.

887
04:06:53.359 --> 04:07:10.080
>> Is that accurate? I have my email somewhere. >> Had to sign off on everything for us to even get to this point. >> We don't have that in here. >> I believe the common victual license was signed off by the building commissioner. >> It is. We do have

888
04:07:10.080 --> 04:07:25.040
>> Oh, we do >> as of the 31st. >> Signed on March 31st. >> Okay. >> With a floor plan. >> Okay. I do believe that that was in relation to the actual operation of the site and um access routes to and from.

889
04:07:25.040 --> 04:07:42.720
But again, that's part of the investigation that I need to have with internal staff. And again, because tomorrow's weather is going to be gorgeous, I'm happy to come by and and take a look at your operation. >> I think we should approve it as is. Motion to approve the application by

890
04:07:42.720 --> 04:08:10.960
Kurfix Trail of the Tier 196 Crystal Springs Avenue for common Vicure license as presented. I'll second that. >> But I'm seconding it just so we can No, >> we can have a vote. Any further discussion?

891
04:08:10.960 --> 04:08:25.600
What is the what is the hangup? The the the seating that has been signed off on the hours of operation. I'm just trying to focus us on what our real concern is here.

892
04:08:25.600 --> 04:08:42.080
Um I mean if if I've told you mine. >> Yeah. >> Is there any way you vote yes though, Doug? Is my question. >> Nope. Not today. Not with the way this is presented as is. Okay. >> I just said no. I think we should scale it back or >> Yeah. So, if we do scale, is there any way if you we scale it back tonight, you

893
04:08:42.080 --> 04:08:58.560
would vote for it or no? >> As as Goldstone said, if it was 24 seats, not 48. >> I mean, that the application states 24 seats. It doesn't match the does not match >> match the floor plan. I know, >> right? So, >> that has to be a mistake in the paperwork because that's it's in the

894
04:08:58.560 --> 04:09:12.880
paperwork. >> But, >> um I'm looking at the application here and it says seating capacity 24, but the plan that you gave us has six tables inside and six tables outside which is 48. >> No, I understand. But the paperwork did

895
04:09:12.880 --> 04:09:37.439
say 24 inside, 24 out. >> All right, that's so we have a motion in a second to approve it as presented with the understanding that it would be further investigation to go on. No, that's not really the understanding.

896
04:09:37.439 --> 04:09:53.600
>> Well, unless you make it conditional. That's his motion. >> No, no. I I take council's opinion. I would not make it conditional, but by the same token, it's clear that staff is going to look into it and may very well come up to a decision that that says it

897
04:09:53.600 --> 04:10:06.640
can't go forward. >> Yeah. But >> but at least we've addressed the the the particular license at hand. >> Yeah. Well, that investigation is going to probably take a long time. So,

898
04:10:06.640 --> 04:10:24.720
>> I don't know. Let's see. So, >> well, there's not three votes, then. Uh, >> well, you can do another motion. You can do another motion after this vote if it fails, >> right? Then what's that motion going to say? >> You want to make that? >> I would I would like to vote on the

899
04:10:24.720 --> 04:10:42.479
motion I just made. >> Okay. So, we have a motion in a second. All in favor? I >> I >> No. Okay. >> No. >> Okay. No, I don't know where we go, but we don't have enough votes to approve the

900
04:10:42.479 --> 04:10:56.880
application. >> Mr. Chair, can I can I just suggest I'm sorry. >> Please, any suggestions? >> Town council, I I thought provided a a path um to get this license, the common victual license approved tonight. Um, I

901
04:10:56.880 --> 04:11:13.199
will I feel obligated and I will direct staff to begin their investigation. Uh, the community development director will working with the building commissioner uh take a look at the use and the parking and and and and perhaps tra the health department will look at the

902
04:11:13.199 --> 04:11:29.680
trash. We will do that investigation, but I think according to town council, we can separate the two, issue the license, and then staff will take any appropriate action working with the property owner and the applicant if there are any violations that are that are determined. Um, I think that's the

903
04:11:29.680 --> 04:11:46.319
cleanest path to go forward tonight. >> I said that a half hour ago. >> Well, and again, I think we just removed the conditional because is more as town council suggested. I mean, that means that we we can't the license will not issue until all those things are addressed. What I'm saying is that you issue the license and allow staff to

904
04:11:46.319 --> 04:12:03.760
investigate any potential issues with regards to the special use permit. That that is in effect the motion. >> Motion to approve a common vual or license for 24 seats as applied. >> Second.

905
04:12:03.760 --> 04:12:20.800
>> Dr. Goldzone can I ask for clarification as to do you want to delineate indoor and outdoor? It's a total of 24 including indoor and outdoor with flexibility for them to determine or >> Yes. >> Okay. >> Second.

906
04:12:20.800 --> 04:12:36.720
>> Okay. So, we have a motion in a second for uh 10:00 p.m. 24 seats as determined by the applicant as to whether they are inside or outside. Uh there's a motion in a

907
04:12:36.720 --> 04:12:54.880
second. All in favor? I >> I >> Okay, that's where we are. Thank you. >> Thank you. >> Okay. Uh consider a vote to approve the letter to Massachusetts Senate President Karen

908
04:12:54.880 --> 04:13:13.199
E. Spilka in support of S3050, an act to build resilience for Massachusetts communities. You want to give us some background on this? >> Yes, Mr. Chairman, real quickly. Um, as as you've heard uh Peter Johnson, the

909
04:13:13.199 --> 04:13:27.760
assistant town manager uh discussed in the past, capacity of the clean water state revolving fund may not be likely will not be sufficient to support water quality projects over the next 5 to 10 years that are in various stages of planning across the Cape and in Felmouth

910
04:13:27.760 --> 04:13:45.199
particularly. Uh this Senate bill 3050 will provide for a program of climate change adaption, resiliency, and the preservation and improve and the preservation and improvement of recreational and environmental assets, including importantly a $450 million bonding authorization for clean drinking

911
04:13:45.199 --> 04:14:01.680
water and wastewater infrastructure. Supplemental funding provided through this bill will prevent delays in projects that are of critical importance to improving the water quality of embainments and estuaries throughout Cape Cod and the islands and here in Felmouth. Other municipalities such as town of Barnes have already submitted

912
04:14:01.680 --> 04:14:18.399
letters of support, a copy of the Barnes letters included in your packet. We uh relied heavily upon the the language in that Barnes letter and you have included in your packets tonight a draft letter on Felmouth Town letterhead um that I recommend the board consider approving and allowing us to submit this letter of

913
04:14:18.399 --> 04:14:35.600
support uh uh to Senate President Karen Spilka in support of Senate Bill 350. Seems like a good idea to me. >> Since I no longer have to abstain from these motions, I will make it. Okay. >> Uh motion to uh send a letter to Senate

914
04:14:35.600 --> 04:14:53.439
President Karen Spilka in support of uh as presented. >> An act to build resilience for Massachusetts communities. >> Bingo. >> Is that a second, Mr. Brown? >> Yes. >> Okay, we have a motion and a second. All in favor? I. >> Thank you very much. We are going to

915
04:14:53.439 --> 04:15:12.080
table N and O. Uh I think that both of those matters I think um warrant Mr. Reid's uh involvement and advice and and comments because he had been a part of both of those discussions. So we're going to table that and move right to N

916
04:15:12.080 --> 04:15:28.239
which is discuss and consider a vote to support revisions to the original local intens incentive program lip application for 809 Sandwich Road. >> Thank you, Mr. Chair. I'll take this one. I wanted to start with a quick

917
04:15:28.239 --> 04:15:43.120
overview of how we got here. So, the select board, as you may recall, voted to support a local initiative program for 809 Sandwich Road um submitted by Northland Residential Corporation, Jack Dolly, who was um in the audience

918
04:15:43.120 --> 04:15:59.520
tonight. uh and that uh there was a a great dialogue between the staff and the developer that led to the um the project components that were ultimately approved by the select board

919
04:15:59.520 --> 04:16:14.960
December 16th, 2024. And I'm I'm going to run through them um specifically so that so that we it's clear for both the board and and folks watching what the difference is between the original proposal and the revised proposal that

920
04:16:14.960 --> 04:16:31.760
is before you tonight. I I I guess I should start by saying the matter before you is um to consider a vote to support revisions to this uh local initiative program development for 809 Sandwich Road. So that original proposal was 36

921
04:16:31.760 --> 04:16:48.479
units um of rental housing and uh 18 two-bedroom 18 3bedroom 9 deed restricted at 80% of area median income which represents the 25% minimum

922
04:16:48.479 --> 04:17:04.080
required for 40B but the lip proposal had in addition two units deed restricted at 100% of AMI one at 110 110% and one at 120% of AMI.

923
04:17:04.080 --> 04:17:20.800
Um, and the proposal that is before you tonight um is is different and the um after the select board voted to approve the lip, it went to the ZBA. They opened the hearing. Um my understanding is that

924
04:17:20.800 --> 04:17:36.239
uh the ZBA gave some initial comments with respect to zoning and and the design of the of the project. Uh and then at the next hearing the ZBA announced that the town was in safe harbor and then as the board is aware the developer um challenged the town's

925
04:17:36.239 --> 04:17:52.000
safe harbor status. the Massachusetts Housing Appeals Commission um found in favor of the uh of the developer and that matter is still subject to litigation. So now the developer has submitted a

926
04:17:52.000 --> 04:18:10.159
revised local initiative program application to the executive office of housing and livable communities. Um we received a copy of the letter. The only thing we know about the revision is what was in that letter to the EOHLC, which we did receive a copy of. Um, and that

927
04:18:10.159 --> 04:18:25.040
proposal as as it's presented in the letter, um, has just the minimum 25% affordable and very importantly is home ownership and not rental. So rather than 100% of the units counting toward the um

928
04:18:25.040 --> 04:18:43.279
the the SHI the um the the subsidized housing inventory, we only get um the nine units. Um with respect to the housing production plan, there's a clear priority for rental housing over home ownership um as a more acute need. Um,

929
04:18:43.279 --> 04:18:59.439
so this revised application really does not um meet the town's local housing needs to the same extent as the original and it is staff recommendation that the select board do not support this revised um proposal as a lip.

930
04:18:59.439 --> 04:19:15.439
>> Okay. Thank you. Uh Mr. Freeman, M. Dolly, someone going to speak or you're just expecting us to do something cuz I have some questions. >> Okay. >> And and you know, honestly, my my first

931
04:19:15.439 --> 04:19:32.159
question with respect to uh Mr. Freeman's letter, they excuse me, dated April 23rd. when you say is making certain changes to the project necessitated by the claim of safe harbor by the town of family zoning

932
04:19:32.159 --> 04:19:48.720
board of appeals. Now I think I know what that means but I'd like you to tell me what that means. >> Sure. For the record, Peter Freeman, attorney for the applicant. I did state what it means. They said that their claim of safe harbor which forced us to

933
04:19:48.720 --> 04:20:05.199
first appeal to the EOHLC which denied the ZVA's claim of safe harbor. Well, >> you didn't have to take an appeal. >> That then we then we would have admitted that the project could be denied. That's the way these safe harbor things work.

934
04:20:05.199 --> 04:20:21.840
the reason that the zoning board did it and it said right in their letter claiming the safe harbor that they're saying that they could deny the project if they were right. So >> So you're >> it was only logical and it's happened before several times including the one

935
04:20:21.840 --> 04:20:37.760
that gets you over the 10% which you may know I was also the attorney for that 300. >> How could we forget? >> I'm sorry. >> How could we forget? >> Forget I'm sure. But it it worked out okay actually in the long run. Uh but so

936
04:20:37.760 --> 04:20:54.800
you know there wasn't any type of uh lack of transpar. We're just saying that there were nine months of delay because of that claim of safe harbor >> and you're going to make it up by doing home ownership as opposed to rental. >> There are changes in economic

937
04:20:54.800 --> 04:21:11.680
circumstances. I'm sure that Jack would be happy to explain his thinking and answer questions if that's okay. I'll turn it over to Jack. Uh for the record, my name is Jack Dolly. I'm the president and CEO of Northland Residential. Uh as uh Peter

938
04:21:11.680 --> 04:21:29.600
Job Johnson outlined, um Peter and staff here, uh and others that aren't here, um including the fire department was part of this, the water department was part of this. um the housing affordable trust

939
04:21:29.600 --> 04:21:46.000
went through I counted nine different collaboration meetings that led up to the the crafting as Mr. Johnson described earlier of the project that we presented to the select board in a lip application that was a robust and

940
04:21:46.000 --> 04:22:02.800
extensive conversation around the design and visioning of a reuse of this particular project that started in um I think Mr. uh uh Renshaw's letter of November 10th outlines it well, but it started in somewhere in April May of

941
04:22:02.800 --> 04:22:17.840
2024 and didn't conclude until the end of 2027. I've permitted for my entire life. I've entitled properties for my entire life. I did not conflate that nine months of

942
04:22:17.840 --> 04:22:36.479
conversation with the town um to a permit. I fully understood that I would apply for a comprehensive permit with the zoning board of appeals who would undertake a robust review of the application, a technical review of the

943
04:22:36.479 --> 04:22:51.600
application, drainage, traffic, screening, architecture, uh, water quality, wetlands, you name it. Fully expected that. I did not expect to show up on the 25th of September after pulling together the

944
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application which this board approved in late December 2024, early 2025 and expend 60 to $70,000 in drawings to go to one hearing to get a letter the next morning before noon claiming safe

945
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harbor, essentially shutting down the effort that I had put forth over the prior nine months. That was a de facto denial of my application. I had no choice but to appeal that decision.

946
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My alternative was to go do a four or five lot by subdivision. We had robust conversations as to that didn't fit the housing production plan, wasn't the best use for the property, that there were better alternatives. How could we provide a a range of household

947
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income eligibility for residents looking for housing? That was critical component of both you, yours, the towns, and mine. I was stopped dead in my tracks by noon,

948
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the morning after the first hearing. We appealed it because that was what we had to do. you appealed the state's decision. You didn't have to do that either. If you had actually consulted with your attorney and the case law on

949
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the argument you were making, any layman could have figured out that an appeal of h e's decision upholding our our appeal. You know that you weren't in safe harbor unfortunately

950
04:24:33.439 --> 04:24:50.239
was not a wise move. Yet you appealed it. We had to appeal it again. that took that is now going to take us nine months to get back to the starting line. 50 or $60,000 of his time and carry cost that I've incurred that I

951
04:24:50.239 --> 04:25:05.760
can't get back. Okay. So, there's real economics in these decision. It's a math game. This isn't spite. This is this is what I am trying to do. So I instructed him to

952
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make a project change to change it to reduce the number of inclusionary housing from 13 to 9. The additional units that we negotiated up, Peter was a big part of that from nine

953
04:25:21.120 --> 04:25:38.880
and then a lattering of 100, 110, 120. Um, I thought that was a good idea. I no longer think it's a good idea because it's now costing me more to get to a permit. My decision to go to home ownership is led chiefly by the fact

954
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that there is a pending ballot initiative that is going before the entire state this November to place a rent control statewide. Statewide, not by municipality, not by city, statewide

955
04:25:55.199 --> 04:26:11.600
on on rents, capping it at either the the maximum of 5% or the current rate CPI which hopefully is less than 5%. We don't want the CPI to be 5%. >> Everything I've read indicates that

956
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there's not much support for that ballot measure. >> Say that again. >> I said everything I'm hearing and reading is there's not much support for that ballot measure. >> There isn't a lot of support for it, but it is >> it is a concern >> there. It's a citizen's petition. It

957
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can't just go away, right? It's the landscape unfortunately, Mr. Chair, that the math game that I am trying to make work that I'm faced with. Well, you know, I was part of that discussion about the, you know, the

958
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ultimate plan that was, you know, that was set forward and came came to the select board and I, you know, we all appreciated your efforts and flexibility in going from 9 to to 13. You you you expressed a lot of uh of of interest and

959
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flexibility and, you know, commend you commend you for that. Let me ask you a question. If we don't approve or don't find that these changes are insubstantial then what >> if they don't if

960
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let know the technical >> yeah I'm I'm just asking if we don't find that the changes >> Mr. chair. >> Yes, you want to answer that question. >> I No, I just need to interject. The the purpose of this item is not for this board to make a determination about

961
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whether the changes are substantial or insubstantial. That is not before you. It is not your determination to make. What is before you is whether you you still offer your support for the new project. >> And all I'm asking is if we don't, what

962
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happens then? That's my question. I realize we're not dealing with whether it's substantial or not. I maybe I misspoke, but but if you don't go forward, then what? That's that's my question. >> Sure. But just so the clarification,

963
04:28:05.359 --> 04:28:21.680
>> you're either supporting the project or not supporting the project. >> And I just want to know what happens if we don't support the project. Is that a fair question? >> Yeah. And I'm happy to answer that. So, if you offer um a vote of no support of the project, uh this is actually before

964
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the HLC for reconsideration of the um project eligibility letter at this point because the project is a change in ownership. It's going from rentals until to home ownership. um the HLC must consider they are going

965
04:28:39.760 --> 04:28:54.640
to make a determination about whether this is a substantial or insubstantial change because the matter is still within the jurisdiction of the ZBA and there is no appeal pending currently. The HLC will likely not make a decision

966
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on this. They just want to know your opinion about whether you still support the project. It is likely that their decision about whether this is an insubstantial or substantial change will not be rendered until after the 40B

967
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comprehensive permit has been um issued and whatever whenever that happens there >> Mr. Chairman. >> Yes, please. Uh and and thank you and I agree with the statement that was just made by your council. Um as a technical

968
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matter and it's referred to in the regulations that I cited, the determination on the on the floor right now, but also for HLC is whether this change affects any of the so-called jurisdictional findings in the 40B

969
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regulations. Uh and we would tell HLC that it doesn't in the long term because it's a LIP project. It is true that we to expand a bit beyond Miss O'Keefe's answer. We have the right to still proceed with the ZBA, see what they

970
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feel. But because it's a lip, I agree that it is likely down the road at the final approval stage that HLC would deal with the substance of the question and would look at for advice as

971
04:30:15.600 --> 04:30:30.880
again your council said as to how you felt about it. So in the long run ultimately although we have the right to proceed with the ZBA there is still going to be the question of your support pro or con and HLC is likely to deal

972
04:30:30.880 --> 04:30:45.520
with that in whatever number of months when the so-called final approval application after we get through the ZBA. Now the ZBA we don't know what they're going to do. We think it's a meritorious project. We

973
04:30:45.520 --> 04:31:04.080
think that the need for uh for for sale, although of course there's a need for rental, but we think it's meritorious to have the home ownership. Um and so that's really where it's at. the uh the tonight is because we

974
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followed the proper procedure again transparency and you you could I suppose take it under advisement. Uh but yes before you in the long run is

975
04:31:20.239 --> 04:31:35.760
the question do you support the switches the changes that we put in the letter. Thank you. >> So so your your process will play out regardless of what we do. Is that correct? This is not >> Yeah. I just want to clarify that. Okay. Mr. Richardson, go ahead. >> Yeah. This is and I want that

976
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on the record reflected that way. Um, you are the reason we are appealing 40B. >> The last n after that nine months, you stabbed those people in the back and this has been bad faith since then. This is you trying to line your pockets. No one in this community is in support of

977
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your project. And I want that reflected in the record like that. >> Which project are you referring to? >> One we're talking about. >> Okay. And I and I detest this the way that this is going, the way this is being framed. Um

978
04:32:06.319 --> 04:32:22.720
I I I'm I'm you've not been listening to any of the community members and their concerns with this project, the lawsuit you're now under with the APCC. This is I I I'm very frustrated. Uh and I'm really glad we're appealing

979
04:32:22.720 --> 04:32:37.520
>> 40B because this is this is the exact thing which we >> I'm not sure we've made that decision, right, Council? at this point. >> That that's actually correct. You have not the way it works is the CBA did appeal to HAC. They're allowed to do the

980
04:32:37.520 --> 04:32:53.920
so-called interlocuatory appeal. Uh and then now that the HAC denied the safe harbor, the regulations require that we go back to the ZBA for hearings on the merits. But the ZBA does under the

981
04:32:53.920 --> 04:33:10.240
regulation have the right to appeal uh if they want to down the road to appeal to superior court the HAC determination again at the end of the hearing process. I will simply state confusion um and and

982
04:33:10.240 --> 04:33:25.359
not really understanding Mr. Richardson's comment. You know there has been only one hearing. There were neighbors there, but there has been hardly a full airing at the ZBA.

983
04:33:25.359 --> 04:33:41.520
So, I'm not sure how there can be a conclusion that the community hates >> more than the project. >> The comm the community is more than one ZBA meeting and you know that, sir. >> Well, it's rather anecdotal. I just I was just expressing sincerely that I

984
04:33:41.520 --> 04:33:59.119
don't understand why you express not just that you think the community is against it but that you think that there's backstabbing. It's not. You may not approve it. You may not like the request but Mr. Dolly gave a very cogent and logical economically based answer.

985
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So that's all I'll end here. >> Mr. Chair, yes. >> I I think this conversation is beyond where it's uh productive. I move that the select board not support the amendments to the lip application. >> Second. >> Okay, we have a motion and a second.

986
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>> All in favor? >> I >> I >> I motion to adjurnn. Uh one one thing one thing not not for me. Uh just the East Fmouth Village Association did

987
04:34:42.480 --> 04:34:58.320
they did request some concerns with walkability and they asked if I had brought that up at a previous meeting. They asked at some point it could be brought up. So just on their behalf. >> Okay. Thank you. So we have a motion and a second to adjurnn. >> Second.

988
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>> Okay. Uh all in favor I >> we'll deal with the minutes at the next meeting. I think there were I'm just assuming there was no man Hosting services for fctv.org are provided by Megaet Communications.

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992
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993
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04:37:09.520 --> 04:37:26.480
>> Felmouth Select Board Chair Bob Mscali and town manager Mike Renshaw are recapping Select Board Meetings on FCTV's newest series, Select Board Report. Watch new episodes of Select Board Report Thursdays live at 5 at

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04:37:26.480 --> 04:37:41.719
fctv.org or on YouTube. Have a question about what happened at the last select board meeting? Ask our hosts by visiting fctv.org/watch slb.