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we're your local partner. Martha's Vineyard Bank. Your goals, our guidance. I'm gonna pull through. Oh, no. >> Is there I guess you could only look at four years.

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Opening the uh Falmouth town of Falmouth select board regular meeting. We do have to go into executive session to discuss MGLC30S.21A3 to discuss strategy with respect to collective bargaining the United Federation of Police Officers

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Local 151 Police Lieutenants. May I have a motion to adjourn? Motion to go into Motion to go into executive session. Thank you. Not adjourning. >> I'll second that. >> All right. And by roll call, uh Reed I

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>> Mscali I. >> Brown I. >> All right. We will uh resume at 6:30. >> All right. I don't know. We will now call to order the agenda uh or the meeting of the town of Felmouth Select Board. This is my first time

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chairing, so please bear with me as I learn on this process. Uh very quickly here um please join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the

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republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Great. Thank you very much. Um, we previously had an executive session at 6 PM to discuss the strategy with respect

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to a collective bargaining agreement and we did agree on the memorandum of agreement. Uh, with that being said, uh, do we have any? We have two proclamations for tonight starting with the 250th anniversary plaque dedication.

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Mr. Msgi, >> thank you. So whereas the 250 committee is proud to represent the citizens of Felmouth on Cape Cod at a ceremony on July 1, 2026 recognizing and honoring those patriots who defended the town of Falmouth

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against a British invasion on April 2nd, 1779. And whereas as part of the ceremony of as I'm sorry, as part of the ceremony, the committee will be delivering and dedicating as a gift to the town of Felmouth of a commemorative pink granite

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marking marker and plaque to be placed on the historic Falmouth Heights great hill overlooking Vineyard Sound stretching to Tarpolin Cove, the site of the British departure, to the shores of Surf Drive Beach, the site of the invasion and the patriots defense.

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against the invasion. And whereas the battle of Falmouth is often referred to as the battle of Cape Cod, it is our desire to honor that memory, the people's bravery and their foresight as we celebrate the nation's two 250 years

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of democracy on July 4th, 2026. Now therefore, we Heather MH Goldstone, Colin W. Reed, Douglas C. Brown, Robert P. Miss Gallowy and Elizabeth Klene, members of the Felmouth Select Board, do hereby proclaim July 1, 2026 to be

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Battle of Cape Cod Recognition Day in the town of Felmouth and urge all citizens to observe this day with appropriate programs, ceremonies, and activities. We have here to set our hand and cause the great seal of the town of

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Falmouth to be affixed on this 29th day of June 2026. Is there someone here from the committee to uh Mr. Ripley? We will hold this to process it, but if if you wanted to say some some words,

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I'm going to take that back from you because we need to process it. and then I'll bring it on on on the first. But if you'd like to say something, >> please do. >> Well, we chair the committee. Uh uh it's you know, it's been a long process uh

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probably about a year of planning and uh you know, we were appointed by the select board over a year ago. And uh so we just want to welcome everyone to uh Wednesday July 1st at 9:45 dramatto and

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then at 10 11:00 we have a uh list of speakers and the proclamation will be read. Our town manager is going to be speaking and a whole host of speakers. So invite everyone on out and after um we've been invited to the old casino uh

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for refreshments. Okay. So thank you. Thank you. Thank you. >> Thank you. Thank you. >> And next up, we have a proclamation honoring Ted TM Murphy. Mr. Brown, >> and this is the annual Cohawk Day on Kit Kamation.

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Whereas Ted TM Marvin has dedicated himself over the last three decades not only to the craft of writing but to shaping the next generation as a teacher of the just write it at class at the writer's shack in Felmouth heights and as a guest speaker at schools across Cape Cod and beyond.

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Whereas Ted Murphy gives back to the Falmouth community, participating in polar plunges, chicken wing eating contests and the Falmouth Chamber of Commerce Christmas parade and golf tournaments, especially Jimbo's golf scramble, all to support worthy causes. Whereas Ted Murphy has steadfastly

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protected Cape Cod's mascot, Doug the Cohog, since 2009 as a founding member of the elite Khog security. Whereas Ted Murphy, aka lead dog, is retiring at the top of his Khog security game after 17

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years, having set the standard for how to protect and not serve Doug the Khog. Now therefore, we Heather H MH Goldstone, Colin W. Reed, Douglas C. Brown, Robert P. Mscali and Elizabeth Klein as members of the select board of the town of Felmouth by the authority

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vested in us do hereby proclaim sincere gratitude and thanks to Ted TM Murphy aka lead dog for his years of service on Khog security. In witness thereof, we had here unto set our hand and caused the great seal of the town of Falma to

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be affixed this 29th day of June, 2026. >> All right. Thank you very much. I think we need some. >> Thank you very much. >> You're welcome. >> Uh at the start of this meeting, I neglected to remind everybody to please silence your cell phones. Uh notify the

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chair if you're making any video or audio recordings of this open meeting session. This placement the placement and operation of the recording equipment should not interfere with the conduct of this meeting. Any recording devices? No. Thank you.

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Next on the agenda, any recognition by the select board? I I would think it's just pro I don't have a list of names of all the key players, but uh just like to recognize the fact that the community put together I think it's $450,000 in

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donations to fix the playground at Ticket Elementary School so that it could be done within a year rather than having us try to appropriate money and take another extra year. And that's a pretty quite an accomplishment. So I'm pretty pretty happy about that. So thank

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to all the people who did that. Uh very quickly later on in the u in our agenda we will be um uh hearing about the reappointment of uh of Dr. Gladfelter. But uh there is um I just wanted to

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mention that the restoration of the Kunameset River received an award from the Boston Society of Landscape Architects for the wonderful job that uh that they did uh in great measure to the efforts of Dr. Gladfelter. So, just

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wanted to mention that. >> Great. Any further recognition? Seeing none, we'll move to announcements. Any announcements. >> We just had a good one. >> Yeah. All right. Yeah, that's >> Seeing none, we'll move to the town

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manager's report. >> Thank you, uh, Mr. Vice Chair. I do have one update for my report this evening. It's good news. Uh if you recall a couple of months ago, um uh Katherine Jensen, the chair of the bike and pedestrian committee, uh did a presentation on the application of a

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grant to uh want make sure I get this right, mass trails, uh for improvements to the uh Shiny Sea Bikeway. We were notified a couple of weeks ago that uh uh the town of Felmouth received $400,000 in funding. So the grant was

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approved. So that's uh uh great news for us. Uh there is a match. We'll be working with DPW on that project. The news was embargoed um up until last Wednesday when the governor's office and and uh and the department of uh conservation and recreation had a formal

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ceremony to announce it. So, I'm happy to report um we continue to pursue grant opportunities wherever we can find them and we're successful with this $400,000 grants. And that's all I have tonight. >> Roger that. Thank you very much. Uh we are now entering public comment period.

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Uh public comment may be uh made on any routine matters not currently on the agenda this evening. Comments are limited to two minutes. We ask that you introduce yourself and since the matter has not been included in the agenda, the select board may not participate in the

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discussion of the topic. I see we have one gentleman uh coming up now. >> It's okay. Is this? >> Yep. It's live. And please please state your name. This is hot, right? Yeah.

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My name's Ralph Herpst, precinct date, town meeting man member for 20 years, planning board for 14, uh, currently on the community preservation committee for the second time. I'm here to

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thank you for the opportunity to speak, but I'm here to bring to everyone's attention the fact that there's a possibility of reducing the um

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number of hours the um um veteran services uh assistant will be given. I have in front of me

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the job description for that position. I ask the select board, are you familiar with that job description? Because you are proposing uh a reduction in the

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hours and I'm guessing that Mr. Johnson stab and Mr. Renshaw are are aware of the job description. I wonder if the rest of you are avail are aware of it. >> Mr. Vice Chair, if I may. Uh we the uh select board typically does not respond

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during public comments periods. This is your opportunity for a couple of minutes to say uh what you have to say, but the the select board members typically do not respond during public comment. >> I'm sorry. I did not quite understand what you said. Did you say that I'm not not supposed to be speaking during the

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>> No, sir. What I said was that you're free to speak during your public comment period. The select board typically does not respond to questions from people. >> Okay. Well, maybe this isn't a typical time. >> Well, it's because it's not on the

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agenda. Uh so that's that's the reason typically why we don't respond. But we want to hear what you have to say and we will certainly take it into account going forward. >> All right. I have in front of me the job

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description for this person and there is a proposal to reduce that person's uh number of hours in the office for veteran services. I personally am a Vietnam veteran

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and I don't speak for any veteran organization here in town. I'm only speaking for myself. It seems to me that before the hours are reduced for veteran services

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that there should be an opportunity for veterans groups to to speak to that. And I'm hoping that some of them are here tonight. I don't propose to speak for them. I'm speaking for myself as a veteran.

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If you're not familiar with the job description, I'm not going to read it, but I will read one thing uh on it. It's talking about the skill

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evol in necessary to hold this position. >> Mr. Herps, you have 30 seconds left. >> I'm sorry. 30 seconds remain on your on your time aotment. >> You're giving me 30 seconds. >> It's public comment is two minutes.

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We're allowing for a little extra. >> How much more time do I have now? >> I will start the clock. 30 seconds, please, sir. >> All right. The skill in is maintaining the manual and electric electronic

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files. skill in organizing statistical records, skilled in the operation of all types of office equipment. So, if this town is going to support the veterans

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that are living here and that are citizens here and have served their country, then it it doesn't make any sense to me for the

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administrative portion of this town to consider reducing the number of hours for this principal office assistant for veterans affairs.

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So my suggestion is that Mr. Wshaw and Mr. Johnson stop. Go back to the pencil sharpener and give it another chance

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to support the veterans in this town. I don't know if any of you up there are veterans, the exception of Mr. Brown. I know he is. Mr. Wshaw.

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So, you understand what I'm what I'm talking about. >> Okay. Thank you very much for your comments. We're going to have to wrap it up now. Thank you. >> All right. Thank you. And I hope you'll take to heart what I have to say. >> Very much so. Thank you. Any other

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comments >> and please introduce yourself. >> Yes. Good evening. I'm Ruth Gayner. I live at 34 High Street. I'm here to register the distress and disappointment that the decision

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to uh one minute I lost my uh the decision to resend funds for 545 Main Street has generated in my community. I can't uh go down the street, go to the

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grocery store or the supermarket or even my exercise class without having neighbors ask me what happened so abruptly and what's happening now. Uh we

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have followed the careful plans getting approved for many for years actually of Michael Galaso's design creative design for restoring the historic structure and we want

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we want the historic structure to be restored and to be used for uh attainable workforce housing. We have heard

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you support or recognize the need for workforce housing and express support for it. But uh what has happened or what will happen

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now? Um we're we want the historic structure to remain and be used um for to house the workers we elderly folks really need to be close at hand.

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So, um please let us know what you will do to hasten uh housing for affordable uh for work the workers our workers here

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and also to maintain the historic structure and I thank you for your time. >> Great. Thank you very much. Any other public comments?

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Seeing none, we'll move to the consent agenda. In item A, licenses, consider a vote to approve the application by Silver Beach Improvement Association for a special one-day wine and malt beverage license to be exercised at the tennis courts at

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6 West Avenue North Falmouth on July 11th, 2026 from 6:00 p. p.m. to 10 p.m. Number two, consider a vote to approve two applications by the Felmouth Historical Society, 55 Palmer Avenue, for a special one-day wine and malt

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beverage uh malt and beverage licenses, a public cider tasting, insider in Revolutionary America on July the 9th, 2026 from 400 p.m. to 6:00 p.m. and the champagne for the champagne

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fundraiser for the Wix house on July 25th, 2026 from 5:00 p.m. to 8:00 p.m. Number three, consider an application by historic Highfield, 56 Highfield Drive for a special 1-day all alcoholic beverages license on July 31st, 2026

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from 5:00 p.m. to 10 p.m. for the Highfield Celebrates Gala. Item four, consider a vote to approve an application by Jacqueline's Antique and Gifts, 17 Walker Street, for a secondhand dealer license.

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Item B, administrative orders. Number one, consider a vote to execute the land disposition agreement by and between the town of Felmouth, Felmouth Housing Corporation, Affirmative Investments, Inc., and the Felmouth Housing Trust, Inc. regarding the property located at

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zero Locust Field Road. I request a hold on that. >> Hold on B1. Number two, consider a vote to approve a request from the Wakoy Congregational Church for a waiver of the special event permit fee for the annual summer bizaar

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to be held on Friday, July 10th and Saturday, July 11th, 2026. Number three, consider a vote to approve a request from the Falmouth Elks number 2380 for a waiver of a special event permit

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fee for the 4th of July bike parade at the Mullen Hall School on Saturday, July 4th, 2026 from 10:00 a.m. to 100 p.m. Number four, consider request from Falmouth Farmers Market for a variance

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to sign code 184-32-off premises signs for the placement of 17 off- premise lawn signs for the Falmouth Farmers Markets held on Thursdays during the 2026 market season. Number five, consider a vote to accept

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an FY26 community compact grant municipal fiber in the amount of $27,900. Number six, consider a vote to execute regulatory agreement for the Habitat for Humanity of Cape Cod Housing Project located at 48 Benjamin NY Lane. I will

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hold that. We need to do a separate vote. Item seven, consider a vote to execute the quit claim deed transferring the property located at 20 Brigantine Drive to Felmouth Housing Trust, Inc. Number eight, consider a vote to accept

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a donation from the Old Stone Doc Association in the amount of $1,9368 to the beach donations account for surf drive window boxes. Number nine, consider a vote to approve

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an expenditure in the amount of $1,9368 from the beach donations account to pay for the source uh nursery invoice for the surf drive window boxes. Uh number 10, consider a request from Falming Farming

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Falmouth. Look at that for a variance to sign code 184-25 freestanding signs for the installation of a sign measuring 60 in x 40 in. That's 19.17 square ft at 578 Locustfield Road as the sign exceeds

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the side size permitted under the current Falmouth zoning bylaws for signs. >> Mr. Vice Chuck, if I may, >> on that particular item, uh, our office was, uh, notified late last week after the agenda posted that Farming Falmouth actually amended the size, the

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dimensions of the sign to bring it into compliance with the sign code. So, that item is no longer needed. The sign is going to be in compliance. >> Okay. 10 is uh, >> stricken struck from the record. Um, number 11, consider a request from

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Penzance Road Trust for a variance to sign code 184-32A off premises signs town property for the installation of a sign at the junction of Barneck Road and Gaznold Road. >> I think we're going to hold that. Request a hold.

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>> Hold number 11. And number 12, discuss and consider the dissolution of the short-term rental advisory committee. >> Uh, Mr. Vice Chair, I would move the consent agenda except for items B1, B6,

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and B1. >> Roger that. May I have a second? >> Second. >> Second from Mr. Brown. All those in favor? >> I. >> Um, everything passes. Let's go to

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administrative order B1. Consider a vote to execute the land disposition agreement by and between the town of Felmouth. Falmouth Housing Corp. Administrative Investments Inc. and the Falmouth Housing Trust Inc. regarding the property located at zero Locust Field Road. Mr. Mscow.

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>> Yeah. Uh thank you. Um so uh you know this was a lot to unpack uh on an administrative order uh the land disposition agreement, the various uh exhibits. Um you know I know this board has uh supports this project. It's a

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wonderful project and we're going to be hearing about it later in the uh in the evening with requests for funding from the affordable housing fund. Um but um you know I have some questions. Uh this

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board has you know previously rather pro-former uh signed off on land disposition agreements. Uh this one is a little different I think in that there are three different parties but you know one

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one parcel uh and a lot of what's going to happen going forward is reliant upon as I see it uh the founding housing housing trust of farm fmouth housing corporation affirmative uh investments

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you know coming to some kind of an agreement uh I'm I'm wondering if council could maybe just, you know, briefly describe how uh or Miss Fish, if you're in the audience, you know, how this is going to play out going forward,

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uh with respect to their decisions as far as uh the condominium setup or or even better, Miss Moahan can can explain it. Uh but that that's the reason why I held it because I think it is a little out of the ordinary for us and I'd just

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uh you know like to hear what what what your thoughts on it. >> Yes. >> Thank you Laura for the record and I'm request speaking for the other entities. So this LDA um it's been three months in

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the works in terms of negotiation with um town council's office, associate town council. Um we have gone through it with all the minutia um dragged out. Um so you know at this juncture um we're

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already outside the RFP time limit for the select board to sign the LBA. Um it's really important for our project that we have the LDA executed and in place so that we can move forward and make other decisions. But to answer your question,

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the um in the LDA there are a number of conditions precedent that are required before the land is actually transferred to the entities. Um and those conditions precedent involve um having all our permits in place. So that means the

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zoning board doing a thorough review of the project. The zoning board is going to be looking for draft condominium documents as conditions. They're going to be looking for um an access and maintenance agreement for the road to

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service the two sites. Um there in my discussions with associate town council, we also talked about having that agreement ready to be recorded with the deed from the town because of course those rights have to

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be put on record before anything else to ensure that both properties have access right. So the concerns that you may have about how all this is going to work, it it has really been dissected very thoroughly between town council's office

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and myself and the parties involved. Um it is not a situation where the land will simply be transferred over to the uh developer uh without thorough review and involvement of town council's

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office, the housing coordinator and Mr. to make sure that all of these conditions precedent to that transfer are actually met. And that will take some time. But the most important thing I think to alleviate your concerns is

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that the zoning board would be reviewing all of this under a comprehensive permit. If there are any changes to the plans from what was presented in the RFP, those have to go to the town manager's office formally under the LPA.

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so that they're improved. >> Sorry to interrupt. Could you just check and see if that the microphone is on after all this? >> Okay. Do you want me to repeat all of that? >> Sorry. But but to that to that point, if if I'm not mistaken, uh I think the land

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disposition agreement says that those changes would be brought back to the town for review, but not approval. Not our our approval is not required. >> Yes, it is. So there is a provision that talks about the schematic design plans

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which are the the plans that were um uh approved under the RFP process. Um if those plans change as part of you know the due diligence work or the survey work or the comprehensive permit process then we do have to come back um and get

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those approved. So the select board and the town manager's office stays involved in the process, but I can tell you that, you know, 95% of what's in this LDA is legally eased. And you of course are an attorney, so you're picking up on that,

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but it has um it has gone through a very involved review to date. It's been three months of negotiation and getting it to this point. So, we would urge you to >> vote it tonight so that we have the confidence in knowing that um that we

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have that LDA in place. >> Well, I I certainly understand the the need to move it forward. I know there's been uh been delay um and it's not a criticism of of of either side, but it's a significant document, one that's

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somewhat out of the ordinary. And you know, we first saw it on Thursday evening. So, uh, you know, I apologize for, you know, my questions. I I think I, you know, read it pretty carefully and I saw all the conditions, precedent, and so forth, but, um, you know, I I

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just wish we had had a little more time to digest it before and, you know, maybe not have it on the administrative consent agenda and actually have it as a as as a matter for uh for discussion. But thank you. >> Okay. I can tell you that in substance

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it is relatively the same as the other ones that you have voted. There are a few, you know, differences here with the three entities involved, but generally speaking, it was the template that we were working from for the Brigittene

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Drive and Feeasant Lane um with a little uh more added to it to deal with the two separate lots and the road parcel. Um but in substance it has the same premise of approvals. Um you know how the

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transfer will occur. Um not until as I said all those conditions are met, all the permits are issued which is the most important thing. You know the town maintains control over the land until all those things are met. >> Mr. Chair, if I may. >> Yes.

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>> Sorry. >> Old abbots. Uh I just to reinforce the point that attorney Moyahan made uh Mr. Mscali it is in section 3.6 project peritting sub item C um where it lays out in the event

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schematic design plans are materially altered because of a requirement by the ZBA board of health building division or any other agency or approving authority. The buyer shall promptly submit such material changes to the seller for its

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review but not for its approval. Thank you. That that was what I was referring to. Review but not approval. >> I I think there's another section on the building permit, but >> I'm sure there is. That's you know, it's just a lot to digest. >> I know. And rest assured, our goal, of

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course, is to always be working with the town, make sure there's always ample notice of things. Um, you know, we're here to try and collaborate on this project, not to do something without people knowing about it. So >> certainly speaking just for myself, but

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I'm I'm sure for other members as well, your involvement uh the housing corpse's involvement, Affirmative Investments uh involvement in in this and past projects gives me a very good level of comfort that this is going to be a very successful project. So certainly nothing

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I've said should in any way indicate any, you know, uh concerns I have with the overall project. So um I don't know if anyone else has any questions. >> Mr. Brown, did you have any questions? Are you okay? >> No, I don't. >> Okay. Uh, are you comfortable making the motion? >> I'd make a motion to uh let's see. Uh,

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make a motion to execute the land disposition agreement buying between the town of Felmouth, Fmouth Housing Corporation, Affirmative Investments, Inc., and Felmouth Housing Trust, Inc. regarding the property located at Zero Locust Field Road. >> All right, I'll second. All those in favor?

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>> I I thank you very much. For item number six, considering a vote to execute the regulatory agreement for Habitat for Humanity of Cape Cod, uh, housing project located at 48 Benjamin Ny Lane. If we do choose to approve this, a

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second vote will be needed to authorize me to sign on behalf of the select board as vice chair. So, step one, um, I'll make the motion to vote and execute the regulatory agreement for the Habitat for Humanity of Cape Cod Housing Project located at 48 Benjamin Ny Lane. May I

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have a second? >> Second. >> Second by Mr. Mscali. Second. >> Any further discussion? Seeing none, all those in favor? I >> I I'll make a motion to authorize uh Vice Chair Colin Reed to sign the regulatory agreement for Habitat for

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Humanity of Cape Cod Housing Project located at 48 Benjamin Nane. >> And I'll second that. >> Great. Thank you. Any further discussion? Seeing none, all those in favor? >> I do. I have to abstain since it's about

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me. >> Oh, then I'm in there as well. Hi. >> Okay. All right. Thank you. And uh we have next number 10. We are going to number 11. Consider request from Penzance Road Trust for variance to sign

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code 18432A off premises signs town property for the installation of a sign at the junction of Barneck Road and GZnold Road. Um you held this Mr. Mscali Mr. Brown and then Mr. Wshaw you also

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have comments for this as well. the >> No, Mr. Vice Chair, I do not have comments, but I'll be >> Roger that. >> I'll attempt to answer any questions. >> Thank you. >> So, I'm curious about the location of the sign, and we did receive an email from a resident of Woods Hall saying

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that they felt like the sign at the end of Barnick Road was confusing to motorists, and I'm wondering if there's any staff feedback on that. So, uh, Mr. vice chair and select board member Brown. Um I did have the DPW

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director go out this afternoon to take a look at the uh at this the there's two issues here um with regards to um uh this request. Um there's an existing sign about 350 ft on the town property side of Penzance Point um that um was

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never issued a grant of license nor a u variance. So, we're going to have to the select board is going to have to consider um conditioning perhaps the approval of this request, removing that illegal sign from its current position. When DPW

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Director McCanny went out this afternoon to take a look at the uh the site, I asked him specifically to look at the uh the site plan, I'll call it, that was submitted by the applicant. I think the applicant's attorney is here tonight um and give me his professional opinion um whether uh having a sign posted at that

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particular location and I'll call it the intersection of Barneck Road and and and Barneck or in Gaznol is appropriate uh in order to give folks um enough turn radius to make the turn safely if they p if they're proceeding

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down Penzance Road without getting to the guard shack and having to take a six or seven point turn and unsafe way to maneuver the vehicle. So, it was the opinion of Mr. McCanny that if the select board were in favor of approving the uh the variance and a grant of

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license to place it uh in the town uh layout that that would be an appropriate and and and safe location to place such a sign. That way, we don't have motorists going down further down towards the uh what is the guard shack and in effect having a more challenging

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time turning their vehicle around. >> Okay. So, just to be clear then, so the the the sign that I'm seeing at the the lower photograph, which is up at the far end of Barneck, will be removed because it's kind of incorrect.

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Yes, there is an existing sign that's placed on town on town property um that would have to be removed. >> Okay. And I can let Attorney Nickerson may be familiar with with the sign that I'm talking about. Um it's an existing sign that's mounted in the town layout

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that would have to be removed. >> Right. >> Um there's also part of that email that was received over the weekend from the gentleman from Woods Hole. Also, there's a photograph of a sign a turnaround sign or private private road sign that was mounted on a utility pole. Uh we confirm that that has been removed. So that's no

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longer there. >> Okay. >> There is an existing sign that in my opinion um is not authorized to be there. Again, about 350 ft on the town side of Penzance that would have to be removed. So the approval of this particular request to place it at the intersection, I'll call it of Gnold and

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Barack um in the opinion of the public the DPW director um would be a safe location to place it. >> Um but we would have to um uh uh the select board would have to not only approve the variance, but importantly a a grant of license to place the sign on

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town property. >> And and would that be something we would do in a in a further meeting or we would do be able to do it this evening? I think we could do it. Could we do it uh this evening >> or would we need to post it the license part of the agenda item unfortunately

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and it is so it is different enough of a consideration that I don't think it fits within this agenda item. >> So we would need to deal with the license issue at a subsequent meeting. we could hear the application

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subject to, you know, a license approval at a subsequent meeting or a date certain meeting. >> And we can put that on the next agenda. >> So, will we table this for today and come back and revisit it when we have

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more complete >> I think the sign let's get the sign taken care of and then the matter is just the license. So we don't have to deal with the sign again that applicants here tonight. >> That's how I feel. I don't know feel that way. >> Would you like to hear from Mr.

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Nickerson? >> Mr. Nickerson. >> Good evening. So Jeff Nickerson here on behalf of Penzance Road Trust. Um, and the reasons that have been identified are exactly why the trust would propose to locate the sign at the junction of Gausnold and Barneck Road because it

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gives people an opportunity to take a right if they don't want to travel further down Barneck because the opportunities to turn there are pretty limited. Um, as you mentioned, it would be a multi-point turn or backing up. So, the request would be to locate the sign there, give people a clear and safe path of travel if they decide not to go

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further down Barneck and happy to take down the other sign. Um, it's been there for quite some time. Based on what I could see from some of the aerial photographs, at least 20 years, but happy to take it down as a condition for this. >> Okay. >> Based on that, >> go ahead.

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>> I would say based on that uh condition, I would move approval then. Okay. >> Because I do think it's a better location. So motion to approve the request from Pensoid Trust for variance of sign code 184-32A off premises signs town property for the

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installation of a sign at the junction of Barneck Road and GZnol Road has been moved by Mr. Brown and a second >> second with the understanding that it's still subject to the grant of a license by this board >> and conditioned upon removal of the currently unauthorized

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>> and conditioned upon removal. May the minutes reflect. So any further discussion? Seeing none, all those in favor? >> I >> I thank you very much. >> Thank you. >> We got through the consent agenda. Um

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we have a loaded slate of committee interviews here. Um the first set for the comm uh committee members for regulatory boards. We will hear from each of you. Um for the committee

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members for non-regulatory mo uh boards, we may try to con consolidate a bit more. So to start things off, we have the conservation commission. Uh we've received uh applications from David

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Kent, Elizabeth Gladfelter, and Michael Beckerly. There are five vacancies. We've received three uh applications there, meaning we have two remaining uh seats open. So if anybody has any

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interest in the conservation commission, we have two seats for you. Uh so first up, Mr. Kent, are you here? Uh we will consider Yeah, please come to the mic. We uh please consider your application as having been read, but if

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you have any further uh comments or what you'd like to bring to the conservation commission. Anything not covered in the application would be helpful. >> Well, I've been on the commission for about a year now. I I joined last last J last June and I found it very fulfilling. It's really something you sink sink your teeth into. I've enjoyed

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it and I hope I've done a I've contributed and I'd like to continue. >> Great. Thank you very much. Do we want to vote individually or the whole slate altogether? Probably the slate al together. >> I think we should hear from everyone first. >> Okay, roger that. And Elizabeth

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Gladfelter, are you here? >> I'm here. >> Hello. >> You want to know why I want to be on? >> Sure. This is a beautiful town and it gives you an opportunity to visit sites all over town. >> It's a good reason >> and I feel I have a a background I have

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experience with this committee as you pointed out and I have um I have a scientific background which I think is a useful addition to the commission. >> Great. >> And as I told you, I'd be the only woman. I highly believe in diversity in

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our town committees and boards. We do too. >> Any questions for Miss Gladfelter or for that matter Mr. Kent? I'm sorry. Any questions so far? >> No. >> Seeing none, thank you very much. >> Thanks, Colin. You're doing a good job as

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>> I'm I'm trying my best here. Thank you. >> You're a quick study. >> Uh, Michael Beckerly. Are you here? Did I pronounce your last name right? >> Yes. Beckerly. Yes. >> Great. Thank you. Please introduce yourself. >> Uh, Mike Beckerly. I live on Tupon's Road. Uh

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uh I um want to join the conservation commission because I know several people on it who have uh suggested that it would be of interest to me. Uh I am a long-term Falmouth resident, Falmouth High School, class of 1979. Uh moved back here in over 10 years ago. Um and

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I've worked on a town committee already, though not this one, on the municipal light plant board. So I'm familiar with the open meeting requirements and things of that sort. Uh I am a member of 300 committee. I monitor for properties already for town. So I'm consider myself

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a conservationist. It feels like a good board for me to panel commission for me to contribute to. >> Great. Thank you very much. Any questions for Mr. Beckerly? >> Oh, I'm ready to go. >> All right. Two.

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>> So um I'll make a motion. uh that we appoint David Kent for a reappointment to a term ending June 30th, 2029, that we uh uh approve an application for Elizabeth Gladfelter for full member

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vacancy with a term ending 6:3029. And that we appoint uh Michael Berkeley uh as an alternate member vacancy with a term ending June 30th, 2028. Great. I will second that. Any further

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discussion? Nope. >> Seeing none, all those in favor? >> I I thank you. >> Thank you very much. >> Moving on to the historical commission, we have Mr. Hadad. >> I'm here. >> You are here, sir. Nice to see you.

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>> Still ready for more, huh? >> Ready to come back, right? We have your application, but you need to give us a few words about your experience. >> I'm uh reapplying to get back on the commission after 18 or 19 years. Uh I know it very well.

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I think uh the the uh board does a great job and I think that what they do is very important to the town. Uh it's a it is an important asset. So, uh, I think it's something that, uh, I enjoy being being part of and that's why I'm

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reapplying to get back on the board. >> So, just to be clear, you'd be wanting to be the full member vacancy with a term ending 63029, >> correct? >> Okay. All right. >> All right. May I have a motion to any

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further questions, Mr. Brown? >> No. I'm glad he's back. >> All right. Uh having seen no others, uh we have a motion to uh approve Mr. Hatad for the historical commission with a uh for the full member vacancy with a term

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ending 63029. >> Second. >> All right. So moved by Reed, second by Mscali. All those in favor? >> I I >> thank you very much. >> Thank you. >> Uh please note that there is one remaining vacancy on the historical commission.

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Um, and third we have the zoning board of appeals. Uh, we have two vacancies and two applications. Is Mr. Morris here? >> Good evening, Mr. Chairman. Good evening, members of the board. Uh, James Morris, 545 Westmouth Highway. Uh, town

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meeting member, precinct 6. Um was a little shocked to learn that my five-year appointment was up this year. It went by rather quickly. Uh I've been on the ZBA now for seven years. I filled a unexpired term as an alternate and was appointed as a full voting member 5 years ago. Uh during that five years, I've served as the clerk, the chairman

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for two years and I'm currently the vice chairman. I'm seeking reappointment as a full voting member. >> I just have one question, Mr. Morris. And you know, I think we're all familiar with the charter and what it says about the zoning board and the statute and what it says. What do you see as the

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mission of the zoning board of appeals? >> It's overall >> uh twofold. It's to interpret and apply the zoning law as well as the local interest as adopted by the zoning code, but it is also a board of relief that property members need to appear before us from time to time getting variances

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or special permits. it I think it's necessary to have a common sense application of the code uh to allow property owners to use their property within reason uh at the same time taking into consideration the interest of a butters.

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>> Okay, thank you >> Miss Brown. Any questions? >> No, I think Mr. Morris has done a good job and glad he's willing to continue. >> Great. Thank you very much. >> Thank you very much. >> And Mr. Anthony Petrusi, are you here?

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Good evening. Uh, for the record, I'm Anthony Petrruuchi, 243 Old Main Road, North Falmouth, and I'm here asking for reappoint to an associate position on the ZBA. I've been there three years. We've done a lot of work over those

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three years, particularly in the 40B range, and I'd like to continue volunteering in that position. >> The same question, Mr. Petruchi, what do you see as the role of the zoning board of appeals? >> Zoning Board of Appeals is there to apply an equal

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and fair method all of our zoning bylaws across all applications. That's basically what it is. Is to make sure that everybody's treated fairly, that our zoning bylaws are upheld. >> Well, they need to be upheld, but as Mr.

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Moore said, they also need to serve as a board of relief in in appropriate circumstances. >> And absolutely, that's something we do >> and we consider uh every applicant uh in that manner if that's necessary to be considered.

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>> I'm an associate member. Um, I am there at every meeting and from time to time I am asked to vote when other full members are not there. >> Okay. Any further questions, Mr. Brown? >> I know I have no questions. I've also

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witnessed Mr. Petruchi work and I think he's also doing a very good job. >> Thank you there. >> Uh, may I have a motion to appoint Mr. Morse as a full member position on the zoning board of appeals with a term

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ending June 30th, 2031 and a motion to appoint Anthony Patruchi as an associate member position on the zoning board of appeals with a term ending June 30, 2031. >> No certain move second.

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>> I'll second that and move Mr. Petruchi. >> Second that. >> All right, we have two motions and two seconds. Any further discussion? Seeing none, all those in favor of Mr. Morris I. And then all those in favor of Mr.

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Patrrui as outlined. >> I >> I >> Okay, >> that makes sense. >> Roger that. Thank you very much. All right. For the benefit of time, I'm proposing that we look at the uh

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remaining committee members to nonregulatory boards. We see that we have um uh let's see uncontested seats um in numbers. One,

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the Commission on Disabilities. Two, the Bicycle and Pedestrian Committee. Four, the Energy Committee. Six, the Shellfish Advisory Committee. And the seven, uh, water quality management committee. Um, for the record, committee on

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disabilities, we have Rona Clark Foss, or excuse me, Carlton Foss. Two, Bicycle and Pedestrian Committee, Dennis Myrt. Four, energy committee, Dwit Jones. Six, shellfish advisory committee, Joseph A.

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Neto and David Velisig, and seven, water quality management committee, Alan M. Robinson and Peter R. Walsh. Um, would any of you like to hold any of these for interview questions or can we push to uh approve them as they are written? I

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>> I just have a question for Mr. Robinson. Uh what? You just didn't want to take a break after all your many years on the uh on the solid waste advisory committee. You just needed to do something else. Is that you want to tell us a little bit? We give you an

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opportunity to tell us. >> You know what? I had so much fun on the soloist advisory committee and it was so great working with the administration, with you all, with the department of public works and the committee and the town as a whole. I just couldn't stay away. And the water quality committee

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does some really good stuff and there's some real challenges ahead and I'm looking forward to continue making contribution. That's why I'm here. >> All right. To have more fun. >> There you go. Thank you. Thanks for stepping up. Okay. Uh do we want just a

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blanket motion with respect to the uh the individuals uh on non-regulatory non-contested? I'll move the slate. Are we going through the whole slate? Because there's one uh golf advisory. There's only one.

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>> Yeah, we're going to we have held three, five, and eight to have those in uh individually because they are contested. >> We're just dealing with So, just to clarify for Rona Carlton Foss on Commission on Disabilities, Dennis Mr. Bicycle and Pedestrian Committee, Dit

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Jones on Energy Committee, and Joseph A. Needto and David Velig on shellfish advisory and Alan M. Robinson and Peter R. Walsh on water quality management committee. That's a motion.

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>> Great. I will second that. Any further discussion for those individuals on those committees? >> Mr. Busher, I do have one comment if I if I could. Um, with regards to the shellfish committee, I I noted in the packet that we we as you mentioned, we have four vacancies and two applicants, but they do have different terms. Do you

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want to identify? >> Okay. >> And I I know for a fact that's the case with the shellfish committee. There may be >> Roger that. So we shall hold that one. We will hold six as well to then determine the um

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the terms. Okay. For the others that remain. We have a motion and a second. All those in favor. >> I I Okay. Uh community preservation committee. We have one vacancy. We have

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two applicants. Um, is Mr. Barrett here? >> Hi, please introduce yourself. >> My name is Michael Barrett. I live in precinct 4. Um, I was here a couple months ago. I had applied for the Lawrence School Building Committee. Didn't make the cut. We had a lot of

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great candidates at the time. I may have mentioned that I was interested in getting my feet wet as a as a new permanent a new yearround resident here in Felmouth. I've I've been a homeowner here for 30 years. Uh but we just renovated the house and moved down this

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past year. Previously, I I lived up in Stoton, Massachusetts, and I was involved I was on the community preservation committee there for 12 out of the last 14 years. I served mostly as treasurer although the last two years I

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served as chair and treasurer. Uh really enjoyed my time there. Came to Felmouth wanting to give back to the community the same way I was able to do up in Stoton. So I was kind of pleased when I saw that there was an opportunity here for the community preservation committee. So uh that's what I'm here

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for. I can answer questions if you want. I mean you've got the background the whole application. We went through it last time around, but really the relevant part part this time is the community preservation committee connection. >> Great. Thank you very much. Any questions?

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>> No, as he said, it's a very thorough application with a lot of information and certainly qualified for this job. >> Certainly impressed with your past experience. Have you uh on on the Stelton Community Preservation Comm, have you had an opportunity to follow

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any of the meetings of the CPC? you know that that here in Falmouth over the past few months. >> I have not looked at the meetings. I have looked at the website and in fact I've looked at the website many times over the years and kind of borrowed some of the procedures, some of the policies that I saw going on here, brought them

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back and implemented them at Stoen because I thought they were the right way to go for a lot of things. So, >> okay. Thank you. Great. Thank you very much. Thank you. No further questions. Um, uh, Ronald P. Clattenberg, are you here?

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Good evening. >> I'm Ron Clattenburg, live at 135 Breaches Road, precinct 8. And uh in in you have a copy of my resume with or or background and application which indicates that for a long time I was

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quite involved with all kinds of projects in the city of Middletown. coming to Felmouth 12 years ago. I'm now uh I was a former town meeting member uh former uh captain of precinct 8 and

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actually played a key role with Allan Robinson in banning NIPS in in Falmouth. Um also involved with an ad hoc group very active in preserving a Schumid pond. So many of the projects that the

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the CPC is involved with are projects that I feel very passionate about because they all deal with quality of life issues and that's been a very important part of my my my background, my career and and my polit political environment.

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Any questions you have, I'd be happy to answer. >> I don't have any. Do you have any, Mrs. Brown or Miss Galley? I mean, you got a great resume, too, and your service has been impressive. I I don't have specific questions about what would you do on the

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committee because you've already said what you would do. I I don't really have >> I mean, each of the four elements of the CPC program, history, recreation, open space, I've all played a key role in making projects happen in the city of

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Middletown. >> Thank you. >> Okay, >> great. Thank you very much. Yeah, I mean it's always, you know, difficult. One of I think the one of the hardest jobs we we have as a select board is uh when we have more than one applicant for for

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vacancies. You know, it's always wonderful to have people step up and be willing to uh you know to serve and it's you know unfortunate that sometimes we have to make a a decision between you know two or three competing uh competing

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members. Uh I I for one am you know CPC I mean I've been on the select board for three years now. I'm still trying to completely understand all all the wonderful things the CPC does. So uh in that regard I I I think that Mr.

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Barrett's u experience uh with the CPC uh in in Stoton for 12 years or 14 years uh makes me consider him to be uh you know a a a good candidate and I would

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move him uh as uh to appoint to the CPC. >> I I guess I would second that and I agree with you. is the most difficult decision to make is having to say no to somebody who's trying to volunteer for your town. >> All right, we have a motion by Mr.

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Mscgally, a second by Mr. Brown. Any further discussion? Uh, all those in favor to appoint Michael F. Barrett to the Community Preservation Committee to fill a vacancy with an unexpired term ending June 30th, 2027. All those in favor?

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>> I I >> I. >> Thank you. >> Thank you very much. Mr. Glattenburg, please consider many of the other vacancies that we have because we could use someone with your resume and experience on many of these committees. >> Thank you. >> Thank you. >> Thank you.

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>> Um, next up we have the Gulf Advisory Committee. We have uh one vacancy and we have two individuals. Is Mr. Morris here? >> I am. >> All right. Mr. Morris, please introduce yourself.

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>> Uh, good evening everybody. Uh I am uh Patrick Morris. I live at 53 McKenna Ridge Road. Uh and I am an avid golfer. Uh I belong to Fmouth Country Club and I believe that I played oh roughly 160

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times last year. Uh >> I like that schedule. >> The gentleman before me used the word passionate. I'm passionate about golf. I'm passionate about uh Film with Country Club. Uh, I believe the found country club can be a a much better

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asset to the town that it currently is. It it's it's good now. It can be better. Uh, and and quite frankly, I would like to help. Uh, I've got some time now. Um, I am an attorney. Uh, I've got the

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experience, I believe, to uh negotiate, to mediate, uh, to help this town, uh, make, uh, the golf course better. Uh, I've spoken to Mr. Galvin, the uh, the new uh, operator

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uh, at the course. I'm impressed with him so far. And I I would like to work with the board. The board is a liaison, my is my understanding. uh between the town and the operator. Um

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and I I would just like to help and I think I have the experience to do so. One one last thing I would like to say my my my good friend David Ham sitting next to me is also applying for the position. Uh he is also an avid golfer.

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He's a great friend of mine. Uh whichever one of us you choose, I don't think you can go wrong. Uh, he has a ton of business experience, probably more so than I do. Um, if anybody plays more golf than I do, he

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does. >> Um, he who has the better handicap. >> Better being high or lower? >> Well, you tell me which is better. >> Well, we're we're very close. How about >> Okay, fair enough. So, we can't make our

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decision based on >> No, no, no. Don't do that. Okay. >> But but I I just want to help and and that's why I'm here. So, thank you very much. >> Great. Thank you very much. >> I'm going to ask you to expand a little bit on what you said could be improved

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at the found country club. Hear that >> almost everything. Uh customer service. Uh I know that Mr. Allen has spoken to uh the employees um

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about about treating the customers better. Uh that can certainly be improved. Uh the conditions of the course are being improved as we speak. Mr. Galvin is

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doing a good job with that. But but Mr. Galvin, I believe when when the town hired him, uh, said that he wanted to make the course the best of Massachusetts or the best public courts of Massachusetts.

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I would like to help him do that. Um, the the the signage, the the the conditions, the the cart paths, uh, there's a lot of things that need help. Um

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uh and I and I I believe that uh I can help do that and I would like the uh the opportunity to do so. >> Thank you. >> Great. Thank you very much. Uh Mr. H. Actually, Patrick said it all for me,

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you know, so there's not much, you know, for me to say, but uh, you know, so I think of the golf club as an opportunity to create something like the road race. Can we create the right experience for people to come here? Can we create the

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right experience to have a uh good time on the golf course? Pace of play is important. then also managing you know the uh customer experience both good and bad and then making corrections on it. So, you know, so I think, you know, this

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is a course that's underrated and it's never on the top 10 list of any uh uh golfing uh website, but uh whereas O Barney is, uh Bay is, Bass River is, and uh and and F has this unique

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opportunity, particularly with the closing of Cape Cod Country Club. >> Great. Well, I guess we should be fair and say what kind of uh structural improvements would you envision? Do you have any in mind? >> Yeah. So, I think uh uh they should have

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some sort of uh warning system when you're on Osprey for in terms of terms of thunderstorms. When you're out there, it's 2 and a half miles out >> and if you're walking the course, it's fairly dangerous to come back. two is they can do uh things like uh you know

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you can pre-order your meals at the ninth hole at the ninth hole in Osprey. You can approve the meals at at the club. You can also have the starter say pace of play is important and that we should finish a round in four plus hours and that you need to move uh to your

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ball and so the rules of etiquette are important and that requires a daily education of a golfer. >> Good. Thank you. Again, I think we have the same thing where we have two very qualified individuals both in terms of playing and ideas. Um, do we

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have a motion for either? >> Well, it's I feel like there's a little more enthusiasm on the part of Mr. Morris here with this long letter explaining his his reasons for wanting to do this job. I'm inclined to nominate

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Mr. Morris. Um, yeah, this is a tough one. Uh, as we said, they they all are when there's two qualified or more. But, uh, uh, you know, I I agree with Mr. Brown. I think Mr. Morris's, uh, letter, uh, is what

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impressed me the most. So, I'd be willing to second that motion. So, we have a motion, a second to appoint Patrick Morris to the Golf Advisory Committee with a term ending June 30th, 2029. Any further discussion? Seeing none, all those in favor?

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>> I >> I Mr. H. Uh please stay committed to the Falmouth Country Club with uh Mr. Morris and uh we look forward to your ideas for improvement. Thank you. Uh moving

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on, Shellfish Advisory Committee, we have Joseph Aetto and David Velisig. We have four open positions with two applicants. Um it was noted that there are various um openings or vacancies or

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terms I should say, excuse me. And while I navigate to that point, here we are. >> We've got uh >> three three vacancies to June 30, 2029

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and one vacancy to June 30, 2028. So >> we do we want two of them to be the longer term. >> We could ask >> we can ask them. >> Are Mrs. Neto or Velis here?

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>> Neto's here. >> Mr. Neto. Mr. Neto, can we get you here to 2029? >> Okay. >> Okay. >> Fine for him. >> You got it. >> Mr. Velis, are you here?

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Seeing none, I think that's a voluntary 2029 appointment. >> I think so. >> Okay. >> All right. So, the motion to appoint Joseph Ato Jr. to the Shellfish Advisory Committee and David E. Velis to the Shellfish Advisory Committee with terms

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ending June 30, 2029. >> So moved. >> So moved by Mr. Brown. >> Second. >> Second by Mr. Mscali. Any further comments? Seeing none, all those in favor? >> I >> I. >> Thank you very much.

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>> Um will town management please let Mr. Velis know that we've signed him up for the extra? >> Yes, sir. I will. >> Thank you. Um waterways committee. Uh we have one vacancy, two folks. Is Mr. Jackson here?

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>> Please come to the podium and introduce yourself. Thank you for being here. I'm >> Mike Jackson, uh 85 Associates Road and a lifelong sailor and boater uh on the West Falmouth Harbors and many harbors

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around uh the town of Falmouth. Um I'm passionate about the waterways of Falmouth. Um they're under increasing pressure from a variety of different sources. Uh I've participated in town boards in the past. I've been on

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conservation commission in my uh town of Southboro. Was involved in drafting the local bylaw there. Um I have a background in geotechnical, environmental, and uh renewable energy.

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Um I'm retired and very interested in working with the board. Joe Vochi asked me to put my name in the in the uh in the pile for condition for consideration. Thank you very much. >> Thank you.

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>> Great. Any questions before we let him go? >> Um no, not from here. >> Well, I a lot of information here. Thank you. >> Thank you. >> All right. Next up is Mr. Thrasher. Are you here?

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Good evening. Scott Thrasher, 58 Croll Road. Uh, born and brought up in Falmouth. I know the area pretty well. Strong boating family. Walk white bay yacht club when I started. Main maritime graduate and avid boater still. Um, shipped out for many years uh on a

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seagoing hopper dredge with the core of engineers. So, I understand the waterways and necessity for dredging. Um family currently is a member of the Fathak Club and uh we sail. Um I use the waters all over town both

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uh through my employment with the fire department training and uh also on my personal boat, volunteer teaching adult sailing at Famouth Harbor Sailing School. Um, I have some friends on the uh committee that thought I would be an asset to them with my history and

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knowledge of Falmouth and my background. It's like to make sure it's fair and equitable use of all the waterways for the citizens and guests of F. >> Mhm. >> And I knew about your main uh maritime education, but I wasn't really aware that you were on the dredging crew

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there. Not you know here. >> Yeah. When I when I graduated, I ended up um I ended up working for the core of engineers in a sego and harbor dredge for eight years. So, I still maintain my Coastg Guard license, unlimited master's license, and uh >> you know, a lot of my friends on there thought it would be a good idea to have

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me on there to give him a hand and offer some experience. So, I'm willing to give back a precinct for meeting member for almost 20 years. So, time to get a little more involved. >> Good. Thank you. >> Just uh one question, Mr. Thresher, if you will. Do you see any uh issue with respect to

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your work with the fire department and what you're doing there with the marine rescue and so forth and and the waterways commission? I assume you don't, but I just felt I wanted to ask that question. >> I would say >> that you're comfortable with it. >> Yeah, I'm I'm comfortable with it. I It gives me more activ I see more activity

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on the water in a fire rescue with responses and I'm also on the water a lot more training the crews on the boats. So, I actually it gives me more exposure to a lot more of the harbors in town. I'm predominantly on the east side of Falmouth, but I do enjoy boating up to uh go to West Fmouth Harbor a lot

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with my own boat, but I think it'll it gives me a little different perspective on, you know, the emergency needs for the harbors and whatnot, but I don't see it being a conflict. >> Right. >> Thank you. Uh but once again, uh we have uh two very very qualified individuals.

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Uh but I think uh from my from my viewpoint, Mr. Thrasher's uh longer term here in Falmouth, his familiarity with the waterways uh makes makes him a candidate that I would be comfortable moving him for

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appointment to the waterways commission. >> I would second that. I agree with you. It's very difficult decision here. They're both fully qualified, but I think Mr. Thrasher has a little edge with the experience. Roger that. So, we have a motion and a second to appoint uh

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Scott J. Thrasher to the water waterways committee with a term ending June 30th, 2029. Any further discussion? Seeing none, all those in favor? >> I >> I thank you both very much. >> Um just to point out once again, um

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there are many many committees that we have here and they're vitally important to uh the the community. Um there are vacancies. So if you didn't get into one today, please consider another one. Um this is extremely important for you know

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how the town runs and and the input necessary therein. The the work of committees is very important and it's very important to this select board. So if you know of anybody that can fill a vacancies, please let us know. If you yourself have anybody, please let us know. Um this is very important for us

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to fill. So thank you very much for that. PSA. We have one more. Uh, we have to consider a vote. Let me get to the correct language here. Um, to reappoint committee members of non-regulatory

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uncontested seats. I know that we have to um hold two from the slate that is given there. Um, and that is for me and the EDIC and Mr. Mscally for remind me

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of >> Cape Cod Regional Transit Authority since we can't vote for ourselves. >> So that being said, holding those for the next meeting. Um do we have a motion to approve at the slate with the two

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exceptions? >> So moved. >> Second. >> So moved by Mr. Brown, second by Mr. Mscali. Any further discussion? All those in favor? I >> I All right. Thank you. And for the next um meeting on July 13th, can we add

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those two? >> Yes, we'll add those two. >> Great. Thank you very much. Uh running a little bit behind, but we knew that was going to happen with so many good folks uh for all of our committees. Uh we are now entering the public hearing section. We have three

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tonight. Uh the first is to consider an application by King Kraken, Inc. doing business as Romeo's for an alteration of premises outdoor only to its all alcohol beverages restaurant license for 75

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Davis straight. Uh Mr. Renshaw, do you have opening comments? >> I do. Thank you, Mr. West Chair. Uh included in your package this evening is a site plan showing the seating for 16 patrons, existing indoor seating plan, and a plan showing outdoor seating when out showing indoor seating when outdoor

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seating is utilized. Uh all of these plans have been reviewed and approved uh and stamped by the building commissioner. The interior seating will be reduced by 16 seats when the proposed outdoor seating is in use. Um as is indicated in your packet uh this evening, the total seating capacity of

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the licensed premises shall not exceed 43 seats at any given time. Uh the fire rescue and health department have also expressed have reviewed the application and have expressed no concerns or objections with the application. Um, included in the packet and is the from the assessor's office is a certified

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list of abutters. Um, as well as the proof of hearing notice and I believe the applicant is here this evening and >> attorney representing. >> Before we do that, I'm a little out of order for my uh lack of training here as a chair. We also need to read the notice. Mr. Johnson Stab, uh, are you

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able to read the notice for us? >> Yes, sir. >> Thank you. Yep. 30 seconds. >> My apologies for the misorder there. >> Notice is hereby given under chapter 138 of the general laws as amended that King

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Kraken Inc. DBA Romeo has applied for alteration premises to its all alcohol beverage restaurant license to be executed at 75 Davis Straits Falmouth Mass. A hearing on the above application will be held in the Falmouth Senior Center, 780 Main Street on Monday, June

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29th at 6:30 p.m. Comments may be sent to Select Board at felmouthma ma.gov per order of the select board. >> Great. Thank you very much. >> Thank you, uh, Mr. Chairman. I'm Bob Ahmed. I'm a Felmouth attorney and I'm representing the applicant. So, King

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Kraken, uh, Inc. is a Massachusetts corporation and Tommy uh Ponttoalillo who is with me here is the president and treasurer and he does business operating the Romeo's restaurant at 75 Davis Straits which is about halfway between

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Spring Bars Road and Worcester Court on Davis Straits. Um Mr. Wshaw has already gone through some of the issues that you need to consider. Um, I just would add besides the signoffs from the building department,

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the health department, and the fire department that the police department's re referral reads, "The outdoor eating area is contiguous to the building, is clearly visible from the building, and precautions are in the plan to protect patrons from vehicular traffic, no

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objections from the police. Uh we think that we comply with this uh application with all of the state guidelines which um of course we've reviewed. Uh Tommy tells me that he frequently receives requests from patrons who would like to

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eat outside. Said that last week he received three emails from people asking if they had outdoor seating. Um there was outdoor seating on the patio in front of the restaurant. uh during COVID um Tommy bought the um property, opened

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the restaurant. Uh this uh this is his third year, so that was before him. Of course, he hasn't used that area because it wasn't permitted. He'd like it to be permitted. There's no increase in seating proposed with this application. He just uh wants to be able to use the

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outdoors as well as the indoors with never more than 43 uh seats available. All right. Thank you very much, Mr. Amed. Any questions? >> No, looks reasonable to me. Ju just just one question. You have a

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very popular restaurant. Uh I know it's usually very crowded. Just how would the um you know, people waiting to be seated either inside or outside and you you know people would normally be sitting outside or because inside's a little

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tight. Uh will you do you have any concerns about you know massing or a lot of people there with other people dining and so forth? I'm just I mean you're a victim of your own success but uh um well basically with staff training and

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um you know we'll have a hostess for each section of the restaurant uh and knowing uh how many are allotted at any given time. Uh for the most part for the inside um we do a lot of reservations. I was just going to ask. Yeah. So that's that's fairly easy to police on the

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inside, but with the outside it's just a simple we're it's first come first serve making sure that they understand how many can can be on uh on premises in the patio at any given time. >> Yeah, Mr. Address the pedestrian the vehicular concerns which obviously uh you'll take into account. So

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>> absolutely. >> Uh motion to close. >> Uh do we have any further public comment? Any members of the public here to comment on this application? Seeing none, we have a motion to close this hearing. Uh second we have a second

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from Mr. Brown. All those in favor? I >> I. >> Uh further discussion or questions? >> You have a motion. >> All right. Uh is there a motion to approve the application by King Kraken, Inc. doing business as Romeo's for an

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alteration of premise outdoor only to its all alcohol beverages license uh restaurant license 75 Davis Straits as presented >> so moved >> second >> moved by Mr. Brown second by Mr. Mscali. Any further discussion? Seeing none, all those in favor?

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>> I >> I >> Thank you. Thanks very much. >> With the outdoor seating. Thank you very much. All right. Next, we have two public hearings. Um, I'm just going to lay out some uh rules

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of the road. We're going to open the meeting by reading the notice. Want to make sure that everybody's all on the same page here. Uh, town council will provide an overview and a narrative of facts and ask that any of the representatives of the police department provide testimony as to the additional

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information, particularly as to those facts that are not included in the two incident reports. This is about over service, service to minors, any issues with non-ooperation, as well as any other information that would be helpful to the select board in making their determination.

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Second, members of the select board may ask questions of the police department. Once the town provides testimony, select board will ask the licences to come forward and provide any response, including any documents or testimony in their defense. The lency may not

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cross-examine the police officers or town council, but may only provide information to the select board. Once the Lency presents their case, the select board may provide the PD with an opportunity to respond or give

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additional information. Because the board is acting in a quasi judicial role during this hearing, no p uh public comment is required. If the chair, me acting as interimm chair, decides to allow public comment, it

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should be at this point in the hearing. Once all the testimony is received, the select board will vote to close that hearing. Um, once that happens, the select board will commence discussions on the findings and the possible discipline. The select board must make

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the findings as to the facts. And to make the findings of the fact, the board must weigh the credibility of the testimony and set out which facts show that a violation has occurred and are important in issuing discipline if there are any. There must be findings to fact

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to support each allegation and we will vote on the findings of fact. The board will then make a determination based on the findings of fact whether the allegations are supported by the findings and a violation has occurred and we will take a vote on that. If the

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board determines that a violation or violations have occurred then they will determine what discipline is appropriate if any. The board must follow the violation policy in making the determination about the appropriate discipline and that will be voted on as

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well. And finally, there's a vote to authorize the town manager to issue a written decision consistent with the findings of fact and discipline as determined by the board. Following the hearing, the town manager will have a reasonable amount of time to issue the written decision and once received, the

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businesses will have 5 days from receipt of that decision to appeal to the ABCC. Um, this goes for each one. Uh, we have two before us today. Um we also received we I will note uh to

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the select board members we have before us in our packets the uh alcoholic beverage violation uh license violation policy that was adopted in February uh 22 2016 part one title 20 of chapter 138

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section 64A and 69 as well as the alcoholic beverage regulations dating back to June 1994. So with that um that's the process that we will see going forward. Uh if at any time we need

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to regain order I will use the gavl accordingly. Hopefully we will not do that. Um that being said Mr. Johnson stop will you open the hearing by reading the notice for item uh 6B. conduct a public hearing in accordance

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with MGLC 13864 to determine if there are violations of the all alcoholic beverage restaurant license issued to Falmouth Pier 37 Boat House LLC doing business as Pier 37 Boat House located

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at 88 Scranton Avenue Felmouth Massachusetts >> it would be my pleasure you just read most of it so it'll be slightly redundant notice is hereby given under Mass General Law chapter 138 section 64 as may be amended that the town of FA

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Select Board will conduct a public hearing in accordance with Mass General Law chapters 138 chap section 64 to determine if there are violations of the all alcoholic beverages restaurant license issued to Falmouth Pier 37 Boat

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House LLC DBA Pier 37 Boat House located at 88 Scranton Avenue Fmouth Mass. In addition, the select board in accordance with Mass General Law Chapter 138 section 64 and the town of Falmouth alcoholic beverage beverages regulation

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16 may modify, suspend, revoke, or cancel the license upon a finding that a violation has occurred. The hearing will be held in the FMA Senior Center, 780 Main Street on Monday, June 29th, 2026 at 6:45 p.m. And that notice of hearing

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was issued by the members of the select board acting as the licensing board. >> Great. Uh, next up, uh, town council, will you provide an overview and a narrative of the facts and ask that any representatives of the police department

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provide testimony there and after? vice chair. >> You want me to turn the other one on, too? Sure. Um, the town manager's office was recently notified that there have been issues at the licensed

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establishment known as Pier 37, the boat house. Um, the Falmouth Police Department provided information to the town manager's office about recent events at the boat house, including incidents of um, possible alleged underage drinking and also the service

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of alcohol to patrons to the point of over intoxication. Additionally, police officers report that they have been spending more time than usual at closing time in order to dispel the crowd, which has been at times quite unruly. And where in the past the crowd at this location would be

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dispersed by 1 or 1:30 in the morning, it is now the norm for it to take a couple of hours after closing time for the police to be able to get everybody to dispel. So there have been issues with um significant crowd control problems. It is also the norm for the

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crowd control to involve many of the officers who are on duty at the time where the police department is expending great resources to attend to closing time due to the level of intoxication. Um, as to the issue of overserving

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patrons, the police have reported that they have wis witnessed a level of intoxication that was quote unquote stunning to them with patrons stumbling and unable to stand. And um, I will leave it to the police department to

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provide other details as to what they witnessed and other facts to support the allegations. >> Good evening everybody. Hopefully you can hear me. Um, I'm going to make a very brief statement. Um, my name is Jeff Lori. Uh,

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I'm your police chief, temporary caretaker of the Falmouth Police Department. I can tell you that our goal is to work with all businesses in Felmouth. Um, you know, to work with them to ensure compliance. Um, but our

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mission, quite frankly, is to ensure that our residents and our visitors are safe. And some of the things that we're seeing um were very concerning to us. Um I can tell you as your police chief, you know, getting woken up on a Saturday at 1:46 a.m. that two of your officers are

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in the hospital um is not a phone call that I want to take. And that's a phone call that I did take. Um something that happened um you know at at the boat house. You know, the issue is uh we were having some problems. It's the beginning of the season starting Labor Day. Um and

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and what it causes is we have to hold over the entire 4 to 12 shift. Um I've spent probably over $10,000 um since Labor Day on overtime. Um because of some of the violations of the things that that we were seeing and

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the contacts that we were having, um I directed our detective bureau uh to to conduct some enforcement um not just at at selected uh businesses that were having some issues, but several throughout town and uh we did that in conjunction u with the ABCC. Uh they

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planned on being here tonight, but because of the World Cup, they were all sent to Foxboro. Um, so you know, it's been it it's been a challenge and um I brought Oh, Sidon Oliver made it. He's working a overtime shift today, 4 to 12,

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and that's been the norm um with the department. Um it it is concerning that, you know, the officers have putting in so many hours. So, I want to basically uh kind of stand down a little bit. I'd like to bring uh Sergeant Oliver up and Sergeant Deon up just to give you a brief overview focusing uh on the boat

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house on this hearing. and then I'll then I'll have them come up again. Uh they're there every night uh dealing with these issues, calling in uh multiple people to assist with them. >> I just want to remark that um I believe

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the chief said um that these issues have come up since Labor Day. I believe he meant Memorial Day, just for the record. I just want >> I trying to show the area >> just the robber. >> Okay, we'll just

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>> Hi folks, I'm Sergeant Oliver. I am one of the supervisors along with Sergeant Paul on midnights. Uh we've had a long history of trying to work with the establishments in our town to kind of maintain order at night and minimize the risk to the public and to uh patrons of

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the facilities. Um most of our the employees at the places we know on a first-name basis that uh we deal with them quite regularly. Uh it's come to a point where our staffing level is hindered controlling what goes on in this area. As you can see, this is a

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picture of Scranton A Robbins Road. Uh Scranton A is kind of very dark. So, we have to on these most nights stage in the area uh between the boat house, the raw bar, and 7-Eleven. Um due to this, our staffing numbers, we kind of pull

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away from other calls in town for, you know, a noise complaint or uh fireworks. And unfortunately with the amount of people that we're putting over here, we're taking service away from everybody else. Uh we've dealt with numerous calls

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for disturbances in front of the residents out there. You have on Scrantonav, you have the elderly complex, you have the um Admiral Apartments as long also the new uh apartments across from 7-Eleven. uh many patrons from this area from the

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restaurants and bars come out and then stay in the area till late hours of the night and we're out there quelling disturbances to keep down the noise for the local residents. Uh it's become an issue with us just to prioritize what

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we're doing here and being able to staff and take care of the rest of town. I don't know if Sergeant Point has more to say on it. >> Yeah. Um, and you know, like I said, the uh the establishments have tried working with us in the past. They've some have

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added cameras, some have added more lights to their facilities. Uh, but we have more to work on. And we definitely need to work with the establishments to to make it this the best and safe area that it can be without taxing our manpower.

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>> Good evening. I'm Detective Maguire with the Fountain Police Department and I'm just going to present to you just a um a brief synopsis of some of the incidents we've been responding to um thus far in June and and into May going back to May.

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Um on the 12th um we encountered a 50-year-old male who was stumbling in the roadway intoxicated. He was coming from the boat house. Um he was left in the custody of two sober friends who were able to escort him to the found within where he was staying. Um we had

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also on the 12th a uh disturbance assault um during the a selfinitiated investigation of a commotion. An officer located a male party who had been assaulted. Um we learned that the victim was assaulted after leaving the boat house. He had visible injuries to his

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head, his face and his hands and he was transported to Felmouth Hospital. Um on the 5th, excuse me, on the on the 30th, May 30th, we um responded to a disturbance uh

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disorderly where um an officer observed um that boat house security was involved in an argument with underage patron. Um the argument was related to the boat house staff attempting to take his um false identification. Um those parties

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eventually left um but returned to re-engage with the staff and our officer who observed this gets out and engages with that party um who presented the officer um with two forms of ID. One from Maine, one from Mass. One was his

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legitimate ID from Massachusetts and the false one from Maine. um that was confiscated and he's being summoned to court for the um presenting the uh false ID. On the 29th, officers responded to um the call was put in as a domestic in

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progress. Essentially, it was reported that two intoxicated parties um were attempting to leave their establishment and get into a motor vehicle. our officers encountered them. Um due to the female party's um apparent high level of

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intoxication and her emotional state, they contacted rescue to evaluate her. Uh during that encounter, she became increasingly agitated and eventually assaulted um one of the officers by shoving and punching him in the chest.

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Um as they were attempting to handcuff her and place her into custody, the male party she was with um attacked the charged the officer um the officers um handling that female and the officers are pushed, punched and kicked during that portion of the

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incident. Um he was eventually taken into custody after a taser deployment. Um two of our officers were injured um during that incident. One had a dislocation to a finger as Chief Lori indicated. they had to go to the

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hospital. The other had a um a cut to uh her wrist. Um and those parties continued their disorderly behavior up at the hospital. The male party eventually spit on some uh I believe it was a nurse up there. Um they're being charged with assault and battery,

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resisting arrest, disorderly conduct, disturbing the peace. Um, on the 24th, an officer who was in patrol in the area, just kind of like monitoring the area, uh, observed a male party in front of the bar holding a

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belt. The officer exited his vehicle and approached the male, directed him to put the belt down while he spoke with him. Um, during that encounter, he discovered that the male party was underage. and the officer stated that that party informed him he had not been drinking at the raw bar but was at the boat house

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prior to the officer's encounter. Um he was located in front of the raw bar but during that incident he said he drank at the boat house. Um attempts to unite that party with a sober adult were futile and due to that fact he was um taken into protective custody.

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Uh we had a loud music complaint on the 23rd. Um officer indicates that the establishment was in violation of the noise uh bylaw on his arrival but notified the staff who had the DJ turn the music down.

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There was no further incident. We responded to it disorderly on the 23rd of May. An officer located and spoke with the involved parties. Nothing physical was reported or observed, but while on scene, the officer discovered that one of the parties was in possession of an open container of alcohol.

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Also on the 23rd uh an intoxicated person incident whereas officers are directed uh to be to the involved party by staff who located the intoxicated female passed out in a bush. Uh this party was intoxicated to the point that

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she could not sit up on her own or speak on her own or speak. Um the officers eventually contact a male acquaintance of the female. uh that male party presented officers with a fake ID which was seized. It was discovered that the female party also entered the bar using

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a fake ID which was also confiscated. Uh due to her intoxication level, she was transported found hospital and both parties were summoned again for uh presenting false ID. That's that's basically it for the boat house.

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Uh just to add on to that, uh this weekend we also had a report of people starting to uh trying to have fights in front of the boat house out at the roadway. We went up there. We located approximately 12 to 13 people out in front of it. Um

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this kind of quelled the issue with them starting the fight seeing the officers across the street. They then all went over to the band shell and started yelling and screaming to which we further had to follow them up the road and uh quality issue to keep the noise down for the neighbors. Uh it it's again

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it's it's just taxing on our our shift. And if I could add one other thing um in relation to these incidents occurring, we had reached out to the ABCC and on the 5th of June and 6th of June we went out and did some compliance checks at the bars in town. Um, and during those

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compliance checks, they confiscated about 20 >> 20 or maybe a little over 20 uh fake IDs at the bar. Uh, the two bars, a combination of the two bars. >> So, so the bars had taken these I'm

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sorry, when you went there, the fake IDs. >> Yeah. The So, members from the ABCC Yeah. >> they confiscated them. So they they would essentially they would >> where were they that they confiscated them? >> Some were at the boat house, some were at the raw boss. It was a combination of

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the two >> that they had already taken possession of the operators. >> Both the rawar and the boat house have given us IDs that they have confiscated. >> Right. That's >> but in addition to that, we have members

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from the ABCC who confiscated IDs while on the premises doing their compliance checks >> from from underage drinkers. >> From underage drink or fake IDs themselves is not not not from the operators. >> Correct. From the from the people who

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were drinking who were underage. Okay. And for example, when we went on the 5th, the first night we went out, um I was maybe a minute into maybe a minute into walking in there. Um we encountered I I I observed the the ABCC members were

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speaking with somebody. I saw a young male appeared to be underage and fairness at my age. They all appeared to be underage to me. But um uh he he approached them and he had an alcoholic beverage in his hand and uh was underage. They confiscated his ID and he

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was escorted off the premises. Um, and I, if I'm not mistaken, the boat house can fill you in on this, but that might have been a wristband issue with something to do with like, so some of them to try to bypass the the age thing where they come in and get ID coming

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into the bar, they go in during eating time, if that's fair. And this individual appears to have done that and then just stayed on the on the premises afterwards. But nonetheless, he was there in violation with an alcoholic beverage. >> But in those instances where the operators, and not just these, but

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anywhere, where the operators actually find fake IDs, there are they obligated to turn those over to you. >> The staff? Yes. >> The staff? >> Yes. And they have. And they have. Yep. They they've turned numerous numerous IDs over to us.

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>> Okay. Thank you. >> Okay. So, now we have a chance as select board members to ask further questions of the police department. Mr. Brown, do you have any questions? >> Um, I just have one about the um Gez, it's hard to look through them all

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quickly, but there's one where it was reported that uh when the police initially arrived, staff seem uncooperative, but then later on in that same paragraph, it says that the call was originally initiated by staff. So, I'm not clear on that one. >> Yeah. So,

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um, my reading of the report is one of the officers spoke to somebody, some member of staff who wasn't super helpful, but afterwards there was another staff member that was helpful in providing with whatever information they were looking for. >> All right. Thank you. >> And and to to be fair to the boat house,

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I don't want to um make it sound like they're not doing anything to to try to keep these matters under control. um when we're there, the the fifth and sixth, they were super responsive to anything that happened there. Um and they have called us when there are incidents there and that and they've

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reached out to to get our assistance. So, >> okay, that's important. And I will note too that uh the ownership there has spoken to me before and we talked about lighting and cameras and they've definitely added a lot of lighting to their parking lot, a lot of cameras in

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their facility >> and uh have been very helpful with us if we need the camera footage. >> Do they have that swiping machine that's referred to in in one of our protocols? They they do. >> How does that work? Actually, >> I'm sure they can tell everyone they

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probably know more about their system than we do. Okay, >> fair. >> Um, just some basic questions. I know in the reports we saw that you observed impairment. Do we have any evidence um therein of field sobriety tests or other

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any assessments conducted with the uh reports from the various dates that you put forth? So on um a couple of those incidents, the parties were taking taken into protective custody. Yeah. >> So to take them into protective custody,

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they have to perform some sort of test to establish their impairment. >> Okay. >> And they did. >> And I think our we're not here to um determine whether the license establish. We're not here to

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determine criminal guilt. We're here to determine whether the license establishment, and correct me if I'm wrong, operated in a manner that protected public safety and and complied with their obligations under Massachusetts liquor licensing laws and

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local regulations. So, with that, um, did you see any, uh, identify any failures by the establishments in these when conducting this that contributed to these incidences? So,

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I I don't know that I can point out a specific incident other than there were people inside the bar um with fake identification. They got in there somehow and was served somehow. Um I do know to be fair again to the courthouse. They have expressed that occasionally

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they have problems with people coming over like I don't I don't have a picture to show you, but their back fence area is that is that a fair way to describe it? They have a back area where maybe people are sneaking over um from time to time. Um but there are people

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like I said inside the bar um ABC members have confiscated their IDs while inside the bar drinking alcoholic beverages. >> And I'm guessing the world >> and I'm guessing the world of technology and AI and everything is further complicating

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uh fake IDs. So from your perspective, are you seeing um really good fake IDs now? >> Yes. Yes. In Fannis, yes. >> Things that can get around swiping machines and whatnot. >> They have scanners which scan the IDs

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and even some of the IDs that are false are beating the scanners. >> So usually what's asked for is a second form of ID. Um, and that's helpful in determining whether or not the ID is legitimate or not. A matter of fact, on one of the it was at the boat house. Um,

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maybe Detective Logan can speak to it a little more if if you have questions after what I say, but um, we had an ID that seemed like it was a false ID, but we were able to go that it was legitimate with the second form of ID and we were able to run it on our system um, because we had an officer there with

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a cruiser, so we could run it through the uh, computer to verify. >> Any questions? Um it it appears to me I mean certainly fake IDs and underage drinking uh major problems but it seems to me the the bigger problem is um you

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know over sererving uh and you know and he overly intoxicated individuals. Do you see that uh you know I mean certainly your reports indicate that um how how's how do how do we we try to

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stop that? What what what do you suggest? >> Yeah, we're going to let you go. >> Yes, I'm going to keep going. Um it's it's it's not that easy. Obviously, you need um a bartender to establish like we would do if we take somebody

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into predictive custody that they've become impaired, you know, to look for signs of intoxication and so on and so forth. Um we it is difficult to get people we can't have somebody underage go into the bar and consume alcohol obviously to try to check things that

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way. Um and as far as somebody being inside the bar and monitoring a bartender serving it's difficult for us to get people in there to to do that on a undercover basis for lack of a better term. But you know operations like that

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may may help. We we'll certainly ask the applicant how they feel they can address that. But that does seem to be a bigger problem, you know, a a more dangerous problem. >> It it is a problem. And I mean, at the end of the day, we just want people to

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go home safely. And what we're seeing is people are leaving there intoxicated. In in fairness, a lot of them that's what they're going there to do. They're going there to drink alcohol and have a good time. And you know, um, unfortunately what happens is a lot of that stuff spills out onto the street. Um, there's

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a lot of travel back and forth from the boat house to the raw bar, mostly from the boat house to the raw bar at the end of the night. I think we'd all agree that that's >> that's um a big big issue. Um, and then the other issue, and um, Sergeant Oliver touched on it, at the end of the night

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when the bar closes, especially the raw bar because it gets out later, um, there's a pretty large crowd out in front of the bar. Um, essentially, it's a good thing. I mean, I'm encouraged that people are using Ubers to to go home instead of drive. But what's

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happened is there's only so many Ubers that can take people home. So that group of people that are standing outside the establishment are there for a longer time than they might normally be. And when you have intoxicated people standing outside, things happen. >> And and the reason why they're going

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from the boat house to the raw bar is that the raw bar closes later. Is that is that >> correct? >> Yes. They've been >> what what's their I mean we can ask what what are their hours of operation? >> Has been for the last few years closing down around midnight and trying to get their crowd out of there by then. So, it

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gives them a decent amount of time to get them into Ubers and everything. Then raw bar closes at 1. Um, another issue we're having too is you have there's a couple weeks they did stay open till 1 recently and we're getting both crowds at the same time and with the issue with

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the Ubers, people are trying to leave the area to get a lower rate. So now we have large masses of people walking down Scranton AI residents down to 7-Eleven and now we have a business owner who has 20 to 30 people in his store um who are

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intoxicated and and causing issues. He's had his front door smashed. He's had property stolen. Um, it's and I know it's not on them to walk people down the street and hold their hand the rest of the night, but we have to find a way to work together to find a way to get these

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groups safely out of there without having a hindrance to our residents in the area. >> Do you have any recommendations for that? Because that's what I'm reconciling in my head after they leave an establishment and get stuck in the middle. This is where we're stuck as a select board or as a town is

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>> only thing I can suggest is as we have to we hold on more staff just to cover the calls and the issues. Unfortunately, it could be maybe they add more staff to help um contain it to their property. >> Would it be helpful if the raw bar

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closed at or at 12:00 as as well or tried to turn things up or turn things over by 12:00? Would that be helpful? >> I think that no matter what time you use for a closing and now we're going to run into the same issue where we're spread

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thin where we're trying to cover both closings at the same time because now if they're at midnight, you move the raw bar back to midnight. So now we're back to dealing with the large group together instead of kind of a staggered closing. >> Yeah, that's what I was trying to get to. Thank you. >> All right, I think we move on to the

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next part. Um, do we have any further testimony? Uh or I guess we bring the lency to come forward and provide any response, any documents and any testimony to your defense. >> Please. >> Hello. My name is My name is Conor

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Mclofflin. Uh owner operated P37 boat house LLC. I have u something here for you to look over as well as something I think you might find interesting. >> So both of these will be put into the the official minutes and record.

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>> This is just a brief summary of our corrective action report to go through and see. And for the benefit of those attending and online, um this is a corrective action report and a compliance report as

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submitted by the boat house. >> And this is data taken just this weekend and scanned through a better life system. >> That's from just the boat house in one weekend. basketball. >> So, also for the record, um the boat

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house has handed us 29 fake IDs that I have also been advised by town council that we will not keep. >> Okay. I just want >> we will share the stack >> so you can look at them and see if it scans through a system and you're looking at that an individual. >> It is true that

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>> and will you do me one favor? bring your microphones closer together and speak up a little bit just >> sorry. >> I just wanted to give >> um everyone on the council an opportunity to see what we see and to know that we have two of these verification systems. They're the same

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verification systems they use at the airport, the uh VeraScan systems that they it passes through and comes back out. Um and it passes that and then it's the same picture as the individual and it becomes really difficult to attain that that it's actually fake. These are

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really good quality, aren't they? >> Yeah. I mean, they really are. Um, luckily, a lot of them, some of them are kids in town, and it's because of, you know, the acquaintances we have that we've been able to be like, "Hey, someone actually knows that person." They're not being truthful. >> Wow. >> Um, in a lot of cases, >> that's crazy.

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>> So, it's it's a bit frustrating, but obviously, we've all seen the advancements in technology around the world, and it's affecting our business a little bit, you know, a lot. And uh I do think the other thing that's affecting us a little bit is people's mentalities now are a little

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bit they're always shifting but right now they're a little different. The the couple that he talked about they were that that had attacked the police at on this on the place like there was no way we weren't getting some resolution there without police involvement. And we truly appreciate and

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respect the police in town and we hope we have the continued opportunity to work with them. Um the last chief was not necessarily in favor of an opportunity to doing a detail or something, but we do know there's a financial burden to having

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people out there and the unplanned incident like in the restaurant business becomes chaos. I mean, you don't want if you have five cops and you don't expect something to happen and it does happen, it throws the whole kilter off. If there was an opportunity at all to offer a detail, we would jump at the opportunity

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to work with the police with either donations or direct pay, whatever we could do to ensure that we have safety in the area along with these other procedures I'm going to go over momentarily. But I just wanted everyone to know that we would keep it in our budget and do what we can to continue to work with the police to offer as much

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safety in the areas we can. We recognize that the street is also dark. It's not all our street, but we would work together to with the robber, whoever else to add additional lighting, put up light posts with the town, do what we can to ensure there's some illumination there. I mean, where Windfall Market is

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is black. You know, it's a whole black parking lot. They didn't have a single light post. Um, so it becomes a problem. Um, but if you could bear with me, I'm just going to read this briefly. This is our corrective action plan for um the events that taken place and hopefully for

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betterment in the future. Uh P37 B house takes the concerns raised by the town and the Fmouth Police Department seriously. We recognize our responsibility to maintain a safe environment for our patrons, employees, neighbors, and community. Uh we have immediately upon learning

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about the concerns identified and the notice of violation, management conducted comprehensive review of our nightlife operations. Uh this report summarizes the corrective actions to be implemented. First is the as security protocols.

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The new procedures include assigned security personnel conducting full perimeter patrols every 15 to 20 minutes. Additional monitoring of the waterfront perimeter where unauthorized entry attempts have been previously observed. And we can verify

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that because our electrical, we had put up a retaining wall there. And on that retaining wall, we had fastened some new PVC piping that ran conduit for electrical um and some some low low voltage stuff. And it was done by a town a town electrical inspector, Frank Zeno,

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and he and he noticed he's doing he's been doing all work because we've been expanding doing a little bit of work all all along. And in the last 10 days, he's noticed four cracks in the pipe where people have tried to scale up a 12 to 14 foot wall and then up over the railing

436
02:36:57.439 --> 02:37:13.439
to get in the restaurant. We've had to have security down below in the marina to make sure that kids aren't trying to climb up this this concrete wall, which frankly we just hadn't fathommed they would do. Um, but I guess we gave them some leverage by putting a pipe up that

437
02:37:13.439 --> 02:37:29.040
they could jump and access and they used that to try to get up. Um, we did have one security guard catch someone doing that and and and have him safely come over the railing and then ask him to leave the facility. But we that's when we've added the extra security to roam the perimeter down there to make sure

438
02:37:29.040 --> 02:37:45.200
that that's happened. Uh, the second is to expand the video surveillance. As we mentioned, we have over 30 cameras already around the property as we have a lot of expensive boats and um assets to protect. We're going to install new cameras in the

439
02:37:45.200 --> 02:38:01.439
areas that we have kind of expanded into and just uh over the last few years and ensure proper coverage of everywhere including the entrance and exits of the parking lot. We're going to strengthen identification verification. Every guest entering the night life requires to present a valid ID. It's pretty obvious

440
02:38:01.439 --> 02:38:18.160
but again very difficult to tell. It's the VER scan system that I'm talking about and it keeps the back pages of my my report here are actually from our scan summary. So I can show you that you know uh we scan 1366 IDs uh through one system and two separate systems and

441
02:38:18.160 --> 02:38:32.880
3,300 on the other system uh just in the past few weeks. >> Could I just ask a question? What when does nightife begin as far as you're concerned? So, we're seeing lines form around 8:00 PM.

442
02:38:32.880 --> 02:38:50.640
Um, and we're we're not full until 9:30, 10:00. We're we're we're you know, rock rocking and rolling if you call it that. But then, um, we stop serving at midnight. We do try to allow people and I think it's beneficial. One thing that

443
02:38:50.640 --> 02:39:07.520
he had mentioned is this idea of people pouring out and nowhere for people to go and people becoming, you know, uh, another issue we have is that Ubers have been kind of taking advantage of the system. And so if you try to get an Uber out at 11:30 to midnight, it'll cost you

444
02:39:07.520 --> 02:39:23.680
$150 to get a quarter mile. >> They have surge pricing in place. So these kids get out of the bar, they go to get an Uber, and then they're like, I'm not spending $200. So they walk around and roam where they shouldn't be. But I can't, you know, it it it becomes problematic when you tell them that

445
02:39:23.680 --> 02:39:40.319
can't drive away and the the valid driving source they have has kind of gouged the system because they have this price surge operation and so it's created this this problem. Um, I think it'd be beneficial. We continue stop serving at midnight, but people allowed to stay in the

446
02:39:40.319 --> 02:39:56.800
building and we serve food and water to a certain point because now we have this ability with pizzas and the food truck to be able to allow people to like sober up and kind of and and still have a place to kind of congregate until they're ready to leave. I think if we were allowed all allowed

447
02:39:56.800 --> 02:40:13.520
to keep people that one one uh and and just only consume water and you know non-alcoholic beverages and food I think it might be beneficial to kind of that that big push out the door as we've experienced in the past. >> Could I could I ask one more question

448
02:40:13.520 --> 02:40:29.120
Mr. Y uh what is your security staff? How many people on a Friday and Saturday? What you know how many? >> Nine. >> So I brought my head of security, Harry Pena, here with me. Um we typically have nine security staff members on a

449
02:40:29.120 --> 02:40:46.080
Saturday night. Uh which is now up to 10 with 10 with the person roaming the back as well as um a few p a few individuals who are helping with the cleaning of the facility. so they can just focus on the security of the patrons and ensuring the e all proper exits are open and closed.

450
02:40:46.080 --> 02:41:02.720
Um we have never felt scared for repercussions to reach out to the police department for help. So we're the ones who reached out when we saw that the woman was out front and we didn't know who she was with and we just immediately called. We didn't think twice about it

451
02:41:02.720 --> 02:41:18.319
or it being an issue. We we call we we asked for help twice when you were in the parking lot. One of which being the person who was then assaulted the officer and the woman assaulted the other officer and those people were like not even be before that when they were

452
02:41:18.319 --> 02:41:34.000
talking to security they were they were just not right. I I don't know they maybe going through something but it was not you know they were not going to be talked to by anyone and be reasonable. It just wasn't going to happen. Good afternoon. No, >> just one more. In in addition to the

453
02:41:34.000 --> 02:41:50.800
security personnel, how many managers, how many supervisors are on staff on a Friday or Saturday night to kind of keep track of what's going on, >> right? It's only Friday and Saturday that are kind of in discussion as you'd imagine. And there are typically three managers. Myself, Andrew, and a Bridget

454
02:41:50.800 --> 02:42:06.800
Bridget Groen are the three managers that are typically on and around the area uh during those operations. >> Thank you. Uh, is it your contention that that couple that had that uh altercation, were they actually served at your place or did they just show up?

455
02:42:06.800 --> 02:42:23.359
>> They they had they definitely were served, but from our check report, it wasn't like they had 12 shots of Jameson. Like that's sometimes where it gets difficult is we get into a situation where someone has either come from a previous establishment or someone has a few drinks. But we had a woman who

456
02:42:23.359 --> 02:42:39.680
was in the the restroom and we were concerned that you know she had come from another establishment. She had a drink or two at our place. But then when the am we were like it just doesn't seem right. But when someone when the ambulance got there they were like we think she's also kind of having a nervous breakdown. She's having like something going on besides just the

457
02:42:39.680 --> 02:42:55.760
alcohol. Cuz we were like maybe you took something else. It just doesn't add up. Um, but I do think there's something there of that that there's some people we had we had like like you mentioned, we had there's a bit of a defiance sometimes to people when we're

458
02:42:55.760 --> 02:43:10.720
seeing kids present a fake ID and then call the police on themselves and give the fake ID to a cop. I mean, there's not many of us who would do that. And but there the guy thought he was right all the way up until he was getting arrested. We would tell him the whole time like, "What are you doing to

459
02:43:10.720 --> 02:43:26.479
yourself?" But but he he was defiant and there was there was no way to talk to him in a way that was going to get him to listen to us. Like he had it built in his head. >> Can I ask another one? Why do you think your place is such a draw to these younger people? Is there something that

460
02:43:26.479 --> 02:43:43.040
you could maybe do programmatically that >> maybe different music or something? That's >> I could definitely I mean frankly I could not have DJs at all and just make it acoustic m acoustic guitars the whole time. I mean, I there is something to be said about the fact that it's an

461
02:43:43.040 --> 02:44:00.399
expansive area and that it's always been a a younger place and I've tried my be I'm still trying to do more familyfriendly events. I'm not I'm not throwing um college rated parties, you know, costume parties, 80s parties,

462
02:44:00.399 --> 02:44:17.279
anything like that. This year I'm doing, you know, family movie night on the water um on the on the astroturf. We're having a a a dog party over there, but I'm not trying outside of playing DJ music to draw any of the crowd I'm getting at night. It's kind of been in a

463
02:44:17.279 --> 02:44:32.479
way a blessing because it obviously creates revenue, but it's been built in to the business since the '9s. Even when I took it over, it was always a happening nightplace. >> Yeah. >> And so I can't even take credit for it being as successful as that because it's something that's genuinely always been

464
02:44:32.479 --> 02:44:49.279
there. M >> um another question I have for your expanded video surveillance. It's one thing to install more cameras. It's another one to have someone stationed watching your various points. I mean, I'm a sucker for all of the, you know,

465
02:44:49.279 --> 02:45:06.160
restaurant uh TV where they come in and try to improve and what do they do? They go to the cameras and they watch where violations are happening, whether it be uh quality of service or in this case security. Do you have people of your three managers or your security staff

466
02:45:06.160 --> 02:45:22.240
stationed at the video surveillance helping your team? >> I'll be I'll be honest. We we review the we have it it's on a it says for two weeks I believe the system holds information for two weeks and we monitor it when something is work you know when

467
02:45:22.240 --> 02:45:39.120
we're told or we we we feel like something to go back to monitor is you know 30 cameras roll cameras rolling 24 hours a day we don't like spontaneously watch it and um I should more often honestly but um >> would it be a benefit to have somebody there monitoring it during your peak

468
02:45:39.120 --> 02:45:56.800
time? Yeah, I mean, yeah, we we could if we we could probably get someone to sit in the office um and do that. It's just not something in the past we have done, but we we're open to it, of course. Um, >> yeah. >> And I do think I truly do think that if

469
02:45:56.800 --> 02:46:12.640
we had some increased lighting and we were able to work with our wonderful police force to offer to that some some type of financial benefit to have a detail, you know, station between us or somewhere that we don't have to take

470
02:46:12.640 --> 02:46:28.880
other resources because um some people won't listen. And we'll do the best we can to continue to. One thing I think we're doing better now is bracelet co color variation. So, as you'd mentioned, people how do you know someone's been there for six hours and not two hours or

471
02:46:28.880 --> 02:46:45.600
how do you know that someone wasn't here before? Offering every night a revolving twocolor bracelet system that's one switches over at 11:00 p.m. or 10:30 and one is at 7 or 8:00 p.m. when dinner starts. That way, we can tell someone's been there from before 9:00 p.m. to be

472
02:46:45.600 --> 02:47:01.520
washing for all the surface and things like that. Um, we also have a difficulty in obviously someone can come to a bar and order two drinks and walk away and hand it to somebody else who's sitting at a table and we're trying our best to monitor people's visual cues and things

473
02:47:01.520 --> 02:47:16.000
like that, but it's not necessarily that we served the person sometimes the cocktail intoxicated. They have they have a legal right to get two drinks bar. So, >> right, >> I can't say that hasn't happened. >> So, thank you. I think you know based on the announcement that was sent to you

474
02:47:16.000 --> 02:47:33.359
and received our job is to determine if uh any of the following violations were uh occur whether they occurred or not and that's sailor delivery of alcoholic beverages to intoxicated persons. The second being sale or delivery of alcohol

475
02:47:33.359 --> 02:47:48.560
to persons under 21 years of age and then three permitting an illegality on the license premise. Um I think you're helping us through all three of those. If I were to um say where my concern is, it's the first the sale of alcoholic

476
02:47:48.560 --> 02:48:03.200
beverages to already or severely intoxicated individuals. The evidence provided by the police station of people in bushes is not a good look for Felmouth, not a good look for that area. Um we're going to need to tighten up

477
02:48:03.200 --> 02:48:20.080
there. Um hence the cameras. But I think just to keep this moving for the benefit of everybody, the next step here, unless you have any further questions for the Lency is um uh have the PD back here with an opportunity to respond or to give any

478
02:48:20.080 --> 02:48:35.680
additional information. Do you have any further questions? >> Just just one uh take us through a situation where, you know, the bartender is kind of thinking maybe this person is intoxicated or getting there. I mean,

479
02:48:35.680 --> 02:48:52.640
you know, what's what's your training to them as far as no more for this person? You know, >> how do they come to that decision? What kind of training do you do you give them? So besides normal tips training um which is mandated that every bartender

480
02:48:52.640 --> 02:49:08.880
and server has, we also do staff meetings um about every two weeks to go through and make sure that our bar staff has knows they always have the right to deny service. That's the first and foremost. If anything of them makes me uncomfortable, they they they understand

481
02:49:08.880 --> 02:49:26.000
their own liability in serving the drink and it's and it's their ability to deny the drink. Um we teach them to look for visual impairments. Um, and and obviously word slurs and things of that nature. Um, and the other thing is is to try and but it's try to slow yourself

482
02:49:26.000 --> 02:49:42.880
down. I think one issue is when you have especially when you're at a bar that has two sides to it and there's a lot of people around and they're asking for things, it's hard to sometimes slow down and look the person in the eyes while they take the while they take the drink and make sure that they're giving the

483
02:49:42.880 --> 02:49:59.520
right proper, you know, cues. And so I think that's something we'll continue to work on is even though it's, you know, it's a busy environment to take a step, take slow down so you can do these uh inspections before serving individuals, especially after 11:30 p.m. or some

484
02:49:59.520 --> 02:50:16.399
11:00. >> Well, thank you for your testimony. I think regardless, um, you know, attention is on you and your establishment in that area. Um, we owe it to our residents, um, both visiting,

485
02:50:16.399 --> 02:50:32.800
well, I guess residents that are here full-time, part-time, and those visiting that they we have a safe Falmouth. We don't want any accidents. We don't want any injuries. We don't want any um uh fatalities, right? >> So, that's why we're here is to make

486
02:50:32.800 --> 02:50:48.000
sure that, you know, you are complying. We're also here to make sure if there's any um violations. So, thank you for your Thank you for this uh compliance report. >> Absolutely. One thing I'd like to just add is I' I'd love to be able to put a sign up front and be able to continue to

487
02:50:48.000 --> 02:51:04.399
work with police to to let kids know that because they may not know that it's illegal to give false identification. It's an arrestable offense and it's something that's serious because it may seem like a simple, you know, it's it's you're a young kid. It seems like a simple thing to get a fake ID and drive

488
02:51:04.399 --> 02:51:19.359
it around >> and it's Right. Right. Exactly. But ultimately, they need to know it's serious. You're you're you're I could sue you for falsifying information and coming into the establishment um if if it got serious because that's with these

489
02:51:19.359 --> 02:51:35.680
IDs, they're they're they're pretty insane. So, I I I own all my responsibility in it and I would love to put a sign off, but I would love to be able to let the kids know, hey, it's serious to false identification. >> So So, will you be doing that? We'd like to, but again, I'd have to be able to

490
02:51:35.680 --> 02:51:52.560
continue to reach out to the police when that happens or or continue to confiscate IDs and be dropping off handfuls of IDs every week until And it is deter honestly because people don't want to lose their stuff and when you do take them, their friends find out you took them and that's why one of the main reasons we've been taking them is to let

491
02:51:52.560 --> 02:52:09.200
people know like their their friends know. Don't bother coming in. We're going to take >> Well, that sign is free. Go ahead and put it up. Um, we're going to give you these back, please. And, uh, would I ask that the uh, police department please

492
02:52:09.200 --> 02:52:26.080
come back up with an opportunity to respond or give any additional information. Um, also, if you happen to have a summarized summary of any overserving, uh, we did not receive that in our packets, but that would be helpful. we have anecdotal

493
02:52:26.080 --> 02:52:41.520
evidence, but if we have a summarized list of events, that would be helpful. >> I'll have I'll have Detective Maguire explain one incident. Um, we tried to bring in some body one camera video tonight, but we had some issues um with the technology. So, we will get those to

494
02:52:41.520 --> 02:52:58.399
town council to review to get you uh to look at. There was one and detective why I can give you the date where the the young lady who was 20 years old um at the boat house um was literally unconscious um she was transported by

495
02:52:58.399 --> 02:53:13.840
Felmouth Rescue uh to Felmouth Hospital and when I say complete I mean obliterated uh intoxicated uh which was very very concerning to us and we do have that on video as well as some other um some other body one camera video that's very telling

496
02:53:13.840 --> 02:53:29.279
>> but Chief, do you know >> Chief that in that that incident, do you know that that person was served at the at the boat house or just that she was uh in such a state? >> Uh I would fairly say that we know such

497
02:53:29.279 --> 02:53:45.120
a state. Um however, if you come out of the boat house, it's likely that she was served at the boat house. I mean that's what people are there for after after the dinner dinner um you know rushes over and the people there are uh consuming alcohol. I'm not saying it's

498
02:53:45.120 --> 02:54:02.560
not possible that alcohol is consumed at a cookout a party another bar before going to the boat house. Um it's just difficult thing to to identify sometimes. >> Thank you. Yep. >> I think the premise is we have some evidence from police reports where we've

499
02:54:02.560 --> 02:54:20.279
gone back and looked up the person's name with the management and have seen where um purchases were made. We're wondering if anything like that for this individual was done. >> Not to my knowledge at this point, but that can be followed up on.

500
02:54:20.800 --> 02:54:38.399
>> A question for for town council possibly. Uh Mr. McLaclin suggested the possibility of, you know, extra detail donation, helping underwrite the costs. Is there a mechanism to allow something

501
02:54:38.399 --> 02:54:53.840
like that to happen to try and uh, you know, alleviate some of the burden to the police department with respect to overtime and and you know, extra duty and so forth? Is there any way to work

502
02:54:53.840 --> 02:55:10.880
with a establishment to come up with some kind of a solution? >> As far as a police detail goes, you have this um this board has wide latitude to fashion um discipline when you're considering

503
02:55:10.880 --> 02:55:26.560
whether to modify or suspend the license in some fashion. As long as the discipline is in furtherance of the public good and in order to protect public safety and welfare, you have latitude. And it's actually quite common

504
02:55:26.560 --> 02:55:43.439
to order um that the establishment secure a police detail and pay for it. The problem that we might have here, however, is the staffing of it. So, the police department is already stretched thin, and you're just about to go into

505
02:55:43.439 --> 02:55:59.200
the height of the season where the chief regularly has problems um just deploying his force where they're supposed to be. So, um it's one thing to require a police detail and have the licensed

506
02:55:59.200 --> 02:56:18.240
establishment pay for it. It's another thing to actually have that filled. >> Mr. Mr. Brown, do you have any questions? >> Uh, I'm trying to think of how we can uh fashion a an improvement in this

507
02:56:18.240 --> 02:56:34.000
situation, and I don't I don't really have a a handy one. >> May I add something, >> please? >> So, I've spoken to Mr. Mclofflin and his staff numerous times, and officers from our department have spoken with them and had conversations on how we can do

508
02:56:34.000 --> 02:56:50.880
things better. They've been open and receptive to it. We we could have a meeting at the PD. I don't want to overstep my bounds here, chief. You go to dozens of meetings already, but I'm sure he'd be open to sitting down at a time where we're not already there and trying to handle the scene itself, never

509
02:56:50.880 --> 02:57:07.200
mind, you know, a meeting. Um, so maybe me find some time to set aside to sit down and talk with Mr. Mclofflin and his staff and um you know more deeply than now identify particular problems that we're seeing them concerns that they're having and then try to come up with

510
02:57:07.200 --> 02:57:25.040
solutions to to um these issues. And the other thing I have a challenge with is the, you know, you see the police log and it's obviously there's a problem, but we don't know exactly how the problem is is created. If the person maybe had a bottle of booze in their

511
02:57:25.040 --> 02:57:41.439
car, but it's up to the staff to be professionally trained and say that person doesn't look right. But what do they do then? They just tell them to leave or do they call you? We're overburdening you now. They have called us. Yeah. Quite

512
02:57:41.439 --> 02:57:57.040
frankly, they they you know, establishments have called us and we at the next hearing we'll get into some other things, but um you know, at the end of the day, you're right, it's a younger crowd. Uh I think he hit the nail on the head. Social media, you know, you know, something goes up and

513
02:57:57.040 --> 02:58:12.399
all of a sudden you got 50 kids showing up, you know, underage. uh there's there's a lot of challenges, but at the end of the day, there still has to be, you know, some compliance and and safety issues, you know, for these kids. You're talking 19, 20 year old kids that, you

514
02:58:12.399 --> 02:58:27.200
know, that we're coming in contact with. And I don't want to speak for the sergeants and their staff, but are extremely intoxicated uh with some of the videos that I've seen. And I can tell you, I'm entering my fourth year here in Fmouth as your chief. Um and I've been to both establishments uh on

515
02:58:27.200 --> 02:58:43.520
two occasions in the past. Um, and one was to say, "Hey, I appreciate things look are looking better." So, it's not just we're here to to condemn anyone. We're here to say when I want to come back someday and hopefully say, "Hey, we're doing great." Um, but we got to get a hold of this. It's just it's it's

516
02:58:43.520 --> 02:59:00.720
not like you said, people in bushes, you know, we had one kid, he blew uh we picked him up at 1:00 in the morning, he blew what 15 at at 8, 9, 10 in the morning. I mean, this is a 19-year-old kid blowing. I'm sorry that wasn't we'll talk about that later. Um but at the end

517
02:59:00.720 --> 02:59:17.520
of the day we have to do something about this right okay I'm going to um suggest as a as a possible um resolution for this evening

518
02:59:17.520 --> 02:59:33.040
that rather than close the public hearing we continue the public hearing. Uh, and I think that would give you an opportunity to get that body cam uh, evidence uh, together. Uh, and also maybe give us a little uh, time to

519
02:59:33.040 --> 02:59:48.479
digest the corrective report that the applicant came up with. See how it uh, how it plays out. See u, you know, with the, you know, eye on on them. See if there's more compliance. Uh and and I'm

520
02:59:48.479 --> 03:00:04.880
also uh you know concerned that that we're at a you know only three of us here tonight. Uh you know and it's pretty significant uh decision as to any any discipline or uh or or uh

521
03:00:04.880 --> 03:00:22.000
punishment. So um I' I'd like to make a motion to continue this hearing to our next state sir. >> July 13th. >> Yeah. >> Yeah. I would second that. council. Is any problem there as far as doing that?

522
03:00:22.000 --> 03:00:37.680
>> Uh, no. I think that's a great idea. I was going to suggest it to be able to um have an opportunity to witness the the body cam footage. I think that's going to help put everything in perspective. Um, it would be preferable

523
03:00:37.680 --> 03:00:55.319
to have the the um to have Mr. Mclofflin sign on to the continuence. >> Yep. Is that okay to to continue this so to so that they can take in all of the >> I don't know how Yeah, of course. >> Okay. Okay.

524
03:00:55.920 --> 03:01:12.720
>> Okay. So, we take that as your consent to a continuence. >> Absolutely. >> All right. Roger that. We have a motion and a second. Any further discussion on this particular issue? Seeing none, all those in favor? I

525
03:01:12.720 --> 03:01:33.760
>> we will see you again in July 13th. >> I was going to say >> yes, it is July already. >> All right. >> Um, next up >> now you've got one under your belt. You should be fine.

526
03:01:33.760 --> 03:01:48.960
>> All right. Um, bear with me while I get through the thing. We are now in item C. Um I will refer back to the procedures that we will be using. Um for clarity just so

527
03:01:48.960 --> 03:02:06.479
we have that. Um we will open by reading the the announcement the notice and this is regarding an al all alcoholic beverages restaurant license issued to the FA Falmouth Raw Bar doing business as Felmouth Raw Bar located at 56

528
03:02:06.479 --> 03:02:21.439
Scranton Avenue. Felmouth, Massachusetts. Mr. Johnson Stop, will you please read the notice? And before doing so, I would just like to remind members of the public to silence your cell phones. I would also ask members of

529
03:02:21.439 --> 03:02:36.800
the public to keep your discussions down to a minimum. We're getting some disturbance here, so I may have to remind everybody with a gavvel. I would prefer not to. So, please give proper respect to the folks speaking. Thank

530
03:02:36.800 --> 03:02:53.920
you. Um, Mr. Johnson, stop >> for the motion. Sure. Notice is hereby given under Mass General Law, chapter 138, section 64, as may be amended, that the town of Falmouth Select Board will conduct a public hearing in accordance with Mass General Law, Chapter 138,

531
03:02:53.920 --> 03:03:10.960
Section 64, to determine if there are violations of the All Alcoholic Beverages License issued to Felmouth Rawar, Inc., DBA. Felmouth Robbar located at 56 Scranton Avenue, Felmouth, Mass. In addition, the select board in

532
03:03:10.960 --> 03:03:26.319
accordance with Mass General Law Chapter 138 section 64 and the town of Falmouth alcoholic beverages regulations section 16 may modify, suspend, revoke, or cancel the license upon finding that a violation has occurred. The hearing will

533
03:03:26.319 --> 03:03:43.520
be held in the Falma Senior Center, 780 Main Street on Monday, June 29th, 2026 at 6:45 p.m. issued by the members of the Falma Select Board acting as the licensing board. >> Chief, in the spirit of time, I stand by

534
03:03:43.520 --> 03:03:58.640
my opening statement if that's okay with the board. Um, the sergeants did a good job of explaining the general overview in the area, but we're going to make one addition to this. And just to remind everyone that this is also extra work uh for the police department um on Friday

535
03:03:58.640 --> 03:04:15.840
and Saturday nights. >> So one of the main issues that we have over there is the lighting in the area itself. Um the raw bar has parking which is located across Scranton. >> Excuse me. I'll turn my radio down. Uh

536
03:04:15.840 --> 03:04:31.200
the parking is located across Scranton A. It's the same parking used for I believe the island queen possibly during the day. Uh, and the issue we have is with being so dark, a lot of the issues we have are on the side of the building there where you can see where it's poorly lit in front of the realy office

537
03:04:31.200 --> 03:04:47.040
and the parking lot on the side where uh some of the staff and other people park. Uh, to try and quel this issue, we've actually uh this weekend started borrowing a light tower from the DPW. Just find the right

538
03:04:47.040 --> 03:05:07.279
picture. Um, so we took it upon ourselves to kind of lighten up the area because it gets to the point where you have people in areas that we can't see what they're doing and that tends to be where we're having more of our uh disturbances. Uh people think they're out of sight, out of mind uh once they leave the

539
03:05:07.279 --> 03:05:23.760
establishment and then we're having fights. Uh we're trying to combat this by lighting the area up. Uh I have spoke with the business before about the lighting out front. They did add a string of lights out front that kind of open up a little bit. Uh, one of the issues that we have too is there's a

540
03:05:23.760 --> 03:05:40.560
large grouping of trees and it's just very poor lighting. Um, we actually had the uh staff at one point they were kind of just closing, pushing everybody outside and then going back inside. Uh, we spoke with ownership. They've actually now been putting their staff out on the lawn with them until the

541
03:05:40.560 --> 03:05:56.160
group uh, dissipates. So, I believe this is one of the things too is we're going to have to work together to kind of alleviate the issues that we're having and getting rid of the disturbances for, you know, the hotel and the other people in the area. >> Lights getting there. >> Uh the lights are being brought in on

542
03:05:56.160 --> 03:06:12.319
the back of our police truck. Actually, uh this is a mobile unit that the DPW purchased for us for using for crash scenes, uh Fourth of July, and for instances like this. Uh, this actually takes me off the road because I'm hooking up to a light tower, bringing it

543
03:06:12.319 --> 03:06:30.720
over there and setting it up. So, it's again taxing our our staffing and manpower >> and then breaking it down and bringing it back. >> Yes. >> We don't leave it there, we're afraid it'll be vandalized. >> You're up. >> All right. And like before, um I'm just

544
03:06:30.720 --> 03:06:45.359
going to read some incidents that we've um responded to. This time at the Falmouth Rabar 56 Grand Nav on the 20th of June. Um we took a loud music complaint. There was no further info in the call. So therefore, there was no

545
03:06:45.359 --> 03:07:01.200
enforcement of of a um noise violation. On the 7th, officers responded to a past domestic um whereas the parties were outside the bar. The incident was deemed to be verbal in nature. However, um due

546
03:07:01.200 --> 03:07:16.880
to the male and females arguing, um the female was followed to her house where the male met them to get his belongings and leave. Um on the 5th, um there was an intoxicated person. Um this is while

547
03:07:16.880 --> 03:07:33.359
the ABCC um was there on scene. Um, one of our officers um observed a male leaving the bar coming outside and bumping into like basically falling into the ATM machine

548
03:07:33.359 --> 03:07:49.760
uh that they have there. Um officer contacted that party discovered that he was extremely intoxicated. Um identified that he was underage. He was basically crying, inconsolable and you know had all the signs of impairment. Um he was

549
03:07:49.760 --> 03:08:08.000
placed into protective custody. He informed officers that he was drinking um at another unidentified establishment prior to this incident. Um but had consumed drinks while he was in the raw bar. Um he he refused a PBT

550
03:08:08.000 --> 03:08:23.040
which is a portable breath test to get a a blood alcohol content level um during his booking. But prior to being released to go home the following morning at 7:30 a.m. uh approximately 7:30 a.m. he took

551
03:08:23.040 --> 03:08:40.560
the PBT and it was discovered that he was still a.158 which is almost twice the legal limit. Um the following day uh we responded to a disturbance disorderly. Um, this was a

552
03:08:40.560 --> 03:08:57.520
self-initiated thing where an officer who was conducting checks at the raw bar, just kind of monitoring, observing what's going on, observed a male party physically assault the bouncer. Uh, the incident occurred at the doorway of the establishment as the subject attempted to force his way into the bar. I believe

553
03:08:57.520 --> 03:09:12.080
this was after there was no more admittance. I mean, they were full and they were about, you know, closing time essentially. Um, the party tried to force his way in. Um the observing officer attempted to intervene and pull him away from the staff. Um he resisted,

554
03:09:12.080 --> 03:09:28.720
ignored officer's commands to stop and um essentially there was a a struggle with that party. He was a very large individual. What are we talking maybe >> 67 6'4 6'4 300 300 plus pounds. He was a very very big guy. Strong big guy. Um I

555
03:09:28.720 --> 03:09:44.319
think three or three three or four >> four or five officers. >> Four or five officers. um essentially uh were able to get him into custody, but he continued his his behavior um at the station during booking as well. He was charged with assault and battery,

556
03:09:44.319 --> 03:10:00.160
disorderly conduct, and resisting arrest. Uh and during this incident, apparently a second individual was detained temporarily um with a sergeant. Uh he was eventually released without further incident, but there was another minor incident going on at that time.

557
03:10:00.160 --> 03:10:18.000
On May 29th, officers were dispatched to an altercation at the raw bar where it was reported that a firearm was brandished. Um, which is obviously particularly concerning. Um, it was learned that the involved party was speaking with um some weight

558
03:10:18.000 --> 03:10:34.240
staff uh and apparently making them uncomfortable. The bouncers, the staff, the security staff, they intervened. Um I believe some racial comments were made and um essentially he was told to leave. Basically refused and as they tried to

559
03:10:34.240 --> 03:10:50.240
escort him out he punched uh one of the staff and they were eventually able to um like to push him to the ground. At some point during that incident um around this time this party reaches into his waistband and brandishes a firearm which is what's

560
03:10:50.240 --> 03:11:06.479
alleged. Um I can't get into too much detail. know this is still an ongoing incident uh through the courts. Um uh the bounces security staff they they indicate that a slide was racked that there was a flashlight on whatever he

561
03:11:06.479 --> 03:11:23.520
was holding in his hand pointed at them and eventually fled the scene. Um we learned that he went to the boat house um to touch quickly on the boat house again. Um they they were super with providing us camera surveillance camera information

562
03:11:23.520 --> 03:11:40.479
um and video. So we were able to corroborate the information we had that puts him, you know, showing up at the boat house shortly after after this event, which was helpful. They were they were gracious. They reached out to their to their um IT

563
03:11:40.479 --> 03:11:56.479
staff and um and got us quite a bit of video. we were able to put him on the scene um at the boat house. He was not involved in any incident at the boat house. He just went there after the incident at the raw bar. Uh he was placed under that party's

564
03:11:56.479 --> 03:12:12.319
friend brought him to the police station shortly after we had located the vehicle at the boat house and he was placed into custody and he was charged with assault with a dangerous weapon, assault and battery and assault. Uh on the 24th,

565
03:12:12.319 --> 03:12:28.640
an officer on patrol in the area of the raw bar observed a male party in front of the bar holding a belt. Uh I think I already spoke about this one. This was he was we talked about this one. He was um witnessed there, but that was an incident um at the >> Can I ask a quick question, sir?

566
03:12:28.640 --> 03:12:43.439
>> Yes. >> It's in both of our reports that he said he was drinking at the opposite. >> Is it the same individual? >> No, no, no. I I apologize. He was witnessed outside of the raw bar. He said he was drinking at the boat house. >> Oh. And I >> So that's where they encountered him.

567
03:12:43.439 --> 03:12:59.600
They encountered him outside of the raw bar. The incident, he said he was drinking at the at the boat house. And then uh on the 10th of May, uh we responded to the raw bar uh for an unresponsive

568
03:12:59.600 --> 03:13:21.520
mail on the ground and that party was transported to Fmouth Hospital. Any questions? Mr. Mskelli, >> it seems to me uh Detective Magguire that the uh the the most consequential interactions

569
03:13:21.520 --> 03:13:40.000
uh were on May 31st uh and May 29th. Uh but I I don't see in there anything with respect to um overserving or uh you know to me it just seems like

570
03:13:40.000 --> 03:13:55.600
there were bad actors showed up at the raw bar in those instances. You have your assault and battery, you have your you know involvement with the police officers. I mean, other than, you know, those people being there, I don't I

571
03:13:55.600 --> 03:14:12.640
don't see anything that implicated anything the raw bar was doing wrong in either of those two instances. Am I correct? >> No, not in those two incidents, but we did have the underage male that we spoke about. >> Just focusing on on those two because those are the, you know, in my mind the

572
03:14:12.640 --> 03:14:29.520
most significant interactions that that that you had. I mean, I'm not downplaying the other instances at all. I just want to make sure I understand exactly what that interaction was. That's >> correct. And since we've spoken about video surveillance um regarding the boat

573
03:14:29.520 --> 03:14:44.640
house, same goes for the raw boss. So we on the incident involving the firearm, we went there to follow up with that incident and attempt to obtain um video surveillance footage. And we were told that the cameras only were a live feed. In other words, they didn't record and

574
03:14:44.640 --> 03:15:01.279
save any video. Um, I'm a police officer. I'm suspicious by nature. I'm not sure why you'd have video if you don't if you don't record with it. I'm not saying that they don't record with that it does record or it doesn't record. I'm just saying I don't see the point in having video

575
03:15:01.279 --> 03:15:16.960
surveillance if it can't be used to, you know, follow up on incidents and and and uh >> certainly ask the applicant that question. >> Right. And addition to that, so on the nights we had the ABCC there, again, we were

576
03:15:16.960 --> 03:15:34.239
out the 5th and the 6th of June, um again, we went to multiple establishments, not just just the boat house, the raw bar, but um on the first night, on the 5th, immediately upon arriving there, um we noticed that there was a noise violation. The music was

577
03:15:34.239 --> 03:15:51.359
very loud coming out of the um raw bar. um per their liquor license, if I'm not mistaken, it says that the music has to be contained inside. Um I approached one of the staff there and asked him if he could have the DJ turn it down, that they're in violation. The the staff member complied. He went

578
03:15:51.359 --> 03:16:06.399
over. I saw him go to the window, knock on the window, get the DJ's attention, and you know, tell him to turn the music down. When the staff returned, I waited. I paused a little bit, but there was no um corrective action at that point. So, I re-engaged with the staff member and

579
03:16:06.399 --> 03:16:23.359
asked him to go over again. I said, "The music has not changed the volume whatsoever. You need to ask him to turn it down." He complied. The music was turned down. And then I would say maybe a half hour, 45 minutes before closing, the music was turned back up.

580
03:16:23.359 --> 03:16:38.319
We didn't we didn't take any further action and speak with the staff at that point, but it was turned up at the uh at the closing, the end of close. Maybe just a general question to you know your experience Sergeant Oliver is

581
03:16:38.319 --> 03:16:53.760
every I mean is is any of this do you think attributable to not to not to lighten you know the u the impact of it but that it's early in the season uh and that the staff at places such as this

582
03:16:53.760 --> 03:17:09.680
and that as time progresses from years in the past that that the severity of these instances kind of lessens as you know the bars and their employees start focusing more on it. I mean all of

583
03:17:09.680 --> 03:17:24.479
this stuff is happening right at the beginning of the summer Memorial Labor Day Memorial Day weekend. Um you know uh is is that something that you've seen over time that that these instidents are

584
03:17:24.479 --> 03:17:39.439
you know more prevalent early on when maybe staff isn't that well trained or that you know that up on it? Um, what I'll say is that some of the staff at both establishments have been working there for a period of time longer than

585
03:17:39.439 --> 03:17:56.399
just this beginning of the year. Um, I don't know if that's true about all the staff. I definitely recognize some of them. Um, as far as are people excited when summer starts and, you know, show up to Yeah. Yeah, I think so. Um, but I I would say we have incidents I'll let

586
03:17:56.399 --> 03:18:12.080
Saj step in, but I think we have incidents throughout the summer from time to time. this this particular spring into summer um season has been particularly um rambunctious for for lack of a better term and we're just trying to get a handle on it.

587
03:18:12.080 --> 03:18:27.279
We appreciate >> I believe that with both establishments, we've had documented um calls throughout the year uh during the summer. Uh it it's one of the things we found with where you can't just say it's going to be the beginning of the season because

588
03:18:27.279 --> 03:18:43.279
then we have Fourth of July road race and all the different events that we have in town. So you have people constantly coming here who aren't from here. Uh so it never really slows down uh throughout the summer season with them. We have to establish our presence out front to try and quell some of the

589
03:18:43.279 --> 03:18:58.080
issues. And as staff can tell you that there's times where we're, you know, people start yelling and screaming, we kind of walk over there and stop the problem before it actually happens. And unfortunately, that's why we're kind of staging in the area to alleviate problems before they happen. But through

590
03:18:58.080 --> 03:19:15.200
last year, the year before, uh, we went right through past Labor Day, uh, dealing with issues. >> Thank you. >> Um, just some quick questions. when ABCC was with you on um the 5th and the 6th, um

591
03:19:15.200 --> 03:19:30.800
can you tell me the number of fake IDs turned over by the bouncers and the staff for this establishment and the number confiscated by ABC at that establishment? >> Uh they did turn some over. Um Detective Loans telling me it was maybe three or

592
03:19:30.800 --> 03:19:47.200
four on that night, but they have given us more than that in the past. They do they do at the raw bar confiscate fake IDs. Um and I think they've even provided some of them to the ABC guys if I'm not mistaken. >> And the ABCC do we know how many

593
03:19:47.200 --> 03:20:02.319
>> ABC were confiscated that those two nights? >> I'm sorry. >> Do we know how many were taken by the ABC during those two nights >> from the RAB? Just a couple. I think >> just a couple. Okay. And then this is a very serious matter on all fronts. We're

594
03:20:02.319 --> 03:20:17.520
not trying to belittle, but for us, we are again not here to determine criminal guilt. We're just trying to make sure we have enough facts to then make sure, you know, we take the appropriate action.

595
03:20:17.520 --> 03:20:34.640
Um, I think we're going to need those kind of numbers. Um, maybe in a future stat, you know, meeting if we go that far. Um but that's what I those are the types of things that I would need as a select board member just to understand more more metrics. We know that there is

596
03:20:34.640 --> 03:20:50.640
a correlation right there's a correlation with that area with uh people enjoying the evening but we need for us for our job we have to determine enough proof or facts to determine

597
03:20:50.640 --> 03:21:07.200
causation >> and we need causation numbers. um and or evidence. So with that, I think that's kind of where some of the anecdotally I completely agree and understand we have a problem here and we need to turn our attention, but I'm also hearing that

598
03:21:07.200 --> 03:21:24.399
it's complicated by uh lighting and appreciate the efforts that you're bringing. I'm sorry it takes you away from everything else. Um we have an Uber problem. Uh we have complexity of fake IDs. We talked about at the last case, but we have it now. Um, and we have a

599
03:21:24.399 --> 03:21:40.000
staffing and police overtime issue. So, I'm not belittling any of the severity of this situation because it is very, very serious, but we need more. >> I understand. And the ABCC were as again, I know this is um we've already

600
03:21:40.000 --> 03:21:56.160
said this, but they were supposed to be here tonight, but due to the um >> World Cup. >> Yep. So, they they um they do have those numbers which they can break down for us um as far as which IDs were taken from which establishment. Um, and then if I can just add one other thing that popped

601
03:21:56.160 --> 03:22:15.840
into my head regarding the raw bar and some of the issues. >> Yeah. Um, so on um there was one, it wasn't in our log, but it was witnessed by officers on the 6th when the ABCC was there. Um, there was a young man that vomited all over himself. And uh, do you

602
03:22:15.840 --> 03:22:30.640
have any more details to >> He was just he was just kind of being carried like a scarecrow down the hill with his with his friends. uh plain white t-shirt, threw a ball over himself coming out of the coming out of the room. His his friends kind of gave him some thumbs up like, "Hey, we got him." And we kind of let him go on his way and

603
03:22:30.640 --> 03:22:46.560
walk watch him walk to the UVA cover involvement. >> Yeah. >> And we had the same thing again on Friday night. We had another gentleman that was being carried, same style across street by his friends and they put him in the car and they had ty >> on another another particular incident

604
03:22:46.560 --> 03:23:03.040
that occurred over there. So while we were there with the ABCC, do you remember was it the fifth or the sixth with the um walked over to the side? So on the 6th um there was a line where people waiting to get inside. There was a group of maybe we've estimated eight to 10 people that walked up to the line,

605
03:23:03.040 --> 03:23:19.200
saw that they weren't going to get in. Went over to there's like a a a deck off of the side of the building with a gate. Um they went over to the staff member that was working there. Um that staff member looked over. I know he saw us. I shouldn't say I know. He looked in our

606
03:23:19.200 --> 03:23:35.279
direction looking at us. What we believe looking right at us um and just let the people into the side. We observed them go in. He didn't um ID anybody as far as uh take an ID to check their age, nor did um he take the cover charge that's

607
03:23:35.279 --> 03:23:52.160
charged at the front door. Um I think the sign there says 10 $10 if I'm not mistaken over by the front door. So >> great. Mr. Brown, do you have a question? Then we'll go to Mr. Wshaw. Well, that's a pretty big indication of a a slip on management part there, I'd say. And again, it seems like there's a

608
03:23:52.160 --> 03:24:07.680
lot of overserving going on regardless of the ID situation. It's the the consciousness of looking around and seeing that people might be getting a little too intoxicated. So, I think we need to talk to the managers next. We um

609
03:24:07.680 --> 03:24:24.800
we did put two of the ABCC um gentlemen inside the bar to try to monitor over sererving um but they were identified by Mr. Rashadi pretty quickly and eventually they came out and just hung outside with us. >> Mhm. >> And observe from the exterior.

610
03:24:24.800 --> 03:24:41.040
>> Right. >> Roger that. Any last comments otherwise we'll turn it over to the lency. >> Question. >> Oh Mr. Renshaw. Sorry. >> Thank you Mr. Vice Chair. Detective McGuire. Just one question. Uh so the notice that we issued to the establishment back on June 17th mentioned uh manager's responsibility to

611
03:24:41.040 --> 03:24:56.479
cooperate with town officials to provide safe and orderly facilities film with alcohol beverages regulations section 12. Would you say in your experience in dealing with the establishment the raw bar has the management team uh been cooperative with with uh found police department?

612
03:24:56.479 --> 03:25:14.640
>> Uh at times no. Um certainly letting somebody go into the side while we're standing there, cut the line. And I mean that could cause problems, you know, just from somebody else feeling like they were slighted at the door and that could cause whatever issue. They weren't they weren't IDed. It was done right in

613
03:25:14.640 --> 03:25:32.000
our presence with probably 10 10 people between um detectives, patrol and ABC personnel there. Um if I'm not mistaken on the incident involving the fight where the four or five officers fought with that large individual um officers

614
03:25:32.000 --> 03:25:47.520
were saying that they attempted to get statements from the staff who weren't cooperative and didn't want to provide statements. Um so can I say across the board no. There's a particular staff member there that I find pretty helpful when I'm there. He's kind of the go-to

615
03:25:47.520 --> 03:26:02.319
person for me. I don't recall his name off the top of my head. Um but he's usually at the front door. Um, but you know, it's it's uh it's certainly not 100% of the time. And I I know if I'll just interject that if we're going to

616
03:26:02.319 --> 03:26:19.359
make recommendations, having video surveillance that records and they hold on to the video for a period of time adequate enough for us to obtain it to follow up on these serious incidents, you know, like a fight where, you know, there's a a violent struggle um or

617
03:26:19.359 --> 03:26:35.359
somebody brandishes a fire on. that would be extremely helpful in hopefully stopping people from going there to do those type of things. >> And I'd like to just add one thing for what Detective Gu was saying. If you've got people stopped at the door, it's because you're at capacity and then

618
03:26:35.359 --> 03:26:51.279
you're letting 8 10 12 people just come in. I'm assuming now you're 8 10 12 people over capacity, which is another concern. And and again to reiterate what we said regarding the boat house, I think the chief um and us would be willing to sit

619
03:26:51.279 --> 03:27:08.399
down and have a conversation how to proceed forward and make make this uh better and safer for everybody. >> Great. Thank you very much. Let's move to the next step of this process by bringing up the lency uh to come forward and provide any response including any documentation or

620
03:27:08.399 --> 03:27:32.800
testimony in uh your defense. Please and thank you. Thank you. >> Yeah. >> Uh good evening, Mr. Chairman. Uh members of the board. My name is Rob Mills. Uh I'm with the law firm of Princy Mills, Lauren Hyannis. Uh I

621
03:27:32.800 --> 03:27:47.439
represent Fmouth Robbart. And here with me is the manager, Mike Richardy. And uh just to start off uh we share the sentiments of the chief the chief of police that the patron safety is uh is our priority. Public safety is a

622
03:27:47.439 --> 03:28:04.479
priority and also particularly staff safety is a priority. Uh we do have a handout that reflects some of the measures. May I Mr. Chairman? >> Yeah. Uh handout that reflects um

623
03:28:04.479 --> 03:28:19.040
some of the processes that the Rob observe and also some mitigation that we are suggesting uh where improvements can be made in the future. >> Thanks. >> Uh a note because uh Mr. Mills was not

624
03:28:19.040 --> 03:28:36.399
on mic. Uh we are receiving uh a note regarding uh a note from the owner note about the security program as well as uh a security deploy deployment plan. These will be written into the record and kept

625
03:28:36.399 --> 03:28:53.279
as uh documentation. Please please proceed. Thank you. >> Thank you. Thanks very much. So Mike's been the manager at the Fmouth Robbar for 11 years and fortunately this is the first time that we've been before you for any kind of violation. So uh I did want to make note of that. He has a very

626
03:28:53.279 --> 03:29:11.680
high level of management. He has eight eight staff, eight security staff at various points. And if you look at the handout that I gave you, I think it's the last page shows a floor plan of the premises and it points out where all these security staff uh are situated. Um

627
03:29:11.680 --> 03:29:28.319
the the process to get into the establishment is is you come to the front door and in the entrance is cordoned off with a rope and he generally lets in a group of somewhere between five and 10 people. They do keep count because they do have an occupancy limit of how many people come in and out

628
03:29:28.319 --> 03:29:45.200
of the establishment. So as people leave uh when the occupancy declines, they're allowed to let in other other occupants. But typically in the K, there's five to 10 people in the K. And then uh you know, as people leave, he'll he'll let in groups of five to 10. The next stop

629
03:29:45.200 --> 03:30:01.279
is the identification machine, which you've heard about, which is required. It's right there at the front desk. They run everybody who comes into that establishment has their ID run through that system. I understand because I represent several several restaurants

630
03:30:01.279 --> 03:30:16.960
and bars on Cape Cod that you almost have to change the software every 3 to four months to keep up with these IDs. The uh the machines themselves can become the software can become obsolete. The uh the ability to create these uh

631
03:30:16.960 --> 03:30:33.200
IDs is so advanced that it's just it's hard to keep up with. all they can do is the best they can and use the machines that are available on the market and the software that you can you can obtain to uh to keep up with it. Um so the ID is scanned individually and it's given back

632
03:30:33.200 --> 03:30:48.560
to the uh uh to the guy that's coming in or the girl that's coming in. Uh staff visually can confirm that the person that's presenting the ID is the same person uh that's picture is on the ID. Um if there's behavioral issues that are

633
03:30:48.560 --> 03:31:03.840
observed despite the fact that the ID is good uh patrons are turned away. Um um what we are intend to put into place which we didn't have in place at that time is a handstamp which uh which Mike and I discussed. We think it's a way of

634
03:31:03.840 --> 03:31:20.000
keeping track of who's already been who's been IDed and who hasn't been in because there have been issues. There's a there's a fence and if those of you that know the know the property know Pier 37 sometime recently put up a a chainling fence along the property line

635
03:31:20.000 --> 03:31:35.279
which was probably helpful. What what wasn't helpful and what isn't helpful is in addition to the fence, they put these blocks that are about 4t tall, concrete blocks that are about 4x4 by six that they use for barricades at the bottom of the fence, which would allow a person to

636
03:31:35.279 --> 03:31:53.520
climb on top of the concrete barrier to gain entry over the fence. So, we see we see that as an issue. It's one of the issues that's addressed uh in the mitigation that we're proposing because now there's a security guard. Unfortunately, one more staff person that has to be posted outside uh by the

637
03:31:53.520 --> 03:32:09.920
fence to make sure people don't climb over the fence. Uh additional uh lighting has been uh attached to the building uh to the back to I guess the side of the building that faces Pia 37. There's cameras out there that uh and they are they're they're not recording

638
03:32:09.920 --> 03:32:26.640
cameras. the cameras that are are live view, but nevertheless, they're there uh to try to uh keep tabs on who's coming, who's attempting to come in over the fence. There's a couple of other places that we feel like uh there could be breaches of security and uh they're really the corners of the decks, the two

639
03:32:26.640 --> 03:32:43.120
corners of the decks. One was referenced by the uh I think it was the detective. Uh there's a gate there and uh that's manned constantly uh by a security guard. And on the at the opposite end uh closest to the water on the deck, there's another security guard. And you'll see that on the on the floor plan

640
03:32:43.120 --> 03:33:03.680
uh that we've provided to you, I think it's um so it' be the security guards that are stationed at uh uh seven and six. Those are the corners that I'm I'm referring to. Where the fence is is over where it's a roving patrol. It's a security

641
03:33:03.680 --> 03:33:20.000
guard 8. And that's just kind of an open area uh where again uh particularly underage people if they do try to gain entry that's probably the way that they would try to get in is through that that that that way excuse me. Uh when there's

642
03:33:20.000 --> 03:33:37.439
uh issues, disorderly issues there, Mike's there all the time. He's there every night from 5 to closing. Um he makes the calls. Most of the calls that are initiated are are from the establishment. they're not calls that are generated by by some third party. He

643
03:33:37.439 --> 03:33:52.479
believes the communication is open at least with himself. We've heard tonight that maybe there's been some some communication uh glitches which uh certainly we'll we'll take into consideration and bring back to the staff at the appropriate time. Uh he feels like they have a good working

644
03:33:52.479 --> 03:34:09.439
relationship 11 years with no incidents probably demonstrates a decent relationship I would say. Uh and that may that may be an understatement. Um he feels like the security personnel that he has, they're they're returning security people. Uh he feels that as though they have a good working

645
03:34:09.439 --> 03:34:24.720
relationship with the with the police department. They uh not only patrol the inside, but at closing they actually go outside to the front lawn and try to disperse the crowd. if people if they see people that he feels or they feel uh

646
03:34:24.720 --> 03:34:41.680
need rides, they accommodate or try to facilitate uh ride share in Uber to the best of their ability. Um some of the other things that they've uh employed uh since some of these incidents have occurred recently is that

647
03:34:41.680 --> 03:34:57.760
fence that I was referring to which is owned by Pier 37. He's got bells on that now. There's there's numerous bells along the fence. It's sort of to alert people that hey, somebody may be trying to climb the fence to get in. Um there's a tree at the entrance that I

648
03:34:57.760 --> 03:35:13.120
think which the department has been somewhat concerned about because it kind of obstructs the view into the front of the restaurant and uh steps are being taken uh with the tree warden to make sure that that tree can be trimmed back. So perhaps raising the canopy will give

649
03:35:13.120 --> 03:35:30.319
better view uh into the facility which may assist in security. So uh I know you don't really really want to hear from me. I'm just here to try to facilitate the discussion. Uh so Mike is here and he'd like to address you as well. >> Thank you.

650
03:35:30.319 --> 03:35:45.520
>> How you doing? My name is Mike Richardy and I'm the owner of the Falmouth Robbower. >> Do you have any statements? Well, I I I do and I'm taking into consideration everything that the police said and I'll definitely add, you know, some lighting to the front and we'll get

651
03:35:45.520 --> 03:36:00.960
the uh the trim treed back uh trimmed back as well. >> Uh >> go ahead, Mr. MCA. >> Uh in addition to yourself, Mr. Rashardi, what other managers are on duty on in particular on Friday and

652
03:36:00.960 --> 03:36:16.960
Saturdays? Uh we have uh two managers >> in addition to yourself or yourself and >> myself. Myself and then yeah ahead of ahead of security. Yes sir. >> Thank you >> Mr. Brown. >> Um do you think that you might be able

653
03:36:16.960 --> 03:36:33.120
to uh get the cameras that record? I mean the Pier 37. >> Yes, it was just the subscription and I can re add the subscription definitely. And the cameras, the reason why they're not recording is generally because I watch for um to see how busy it is to see the tickets in the window, you know,

654
03:36:33.120 --> 03:36:49.439
when we have food when we have food up and how busy it is uh during the day and the night because we also are a restaurant that's very busy, >> right? >> So that that's what the cameras are for because we don't have a lot of security issues, >> right? >> Yeah. >> It would be helpful though in the rare

655
03:36:49.439 --> 03:37:04.880
instance when you do. >> Yeah. I have no problem with that in the case like this one bad actor. No problem. >> Great. Thank you. >> You're welcome. >> And and you you you stopped serving at 1 or you stopped serving? >> You stopped serving at 12:45. >> 12 at 12:45.

656
03:37:04.880 --> 03:37:24.880
>> I actually I actually we do last call at 12:40. >> Okay. >> Yes. >> Um just a quick question. I see Thank you for the documentation. You have eight uh security p personnel on on any given night. Is that every night or any

657
03:37:24.880 --> 03:37:41.359
>> that's on um well let's say Thursday night we have uh we just have a small like live music so I'll have like three or four security on but yeah Friday and Saturday >> 8 nine including myself >> now it should be the responsibility of all these to keep an eye out for

658
03:37:41.359 --> 03:37:56.399
intoxication levels is there any one person I'm looking specifically maybe at the roving patrol >> yes the rover does handle that >> okay >> as well as the bartenders and they're all tip tip trained as well. >> And in the last 2 months, do you have a

659
03:37:56.399 --> 03:38:14.080
number of like do you record how many people you have removed that are intoxicated or you know made >> we try to make sure they don't come in intoxicated? You know, good answer. That's the uh that's the goal. Yeah. Sometimes people,

660
03:38:14.080 --> 03:38:29.200
you know, they tend to have a few too many. And uh I I don't keep a log of that. No, I do not. >> Roger that. Uh, I would second Mr. Mscali's uh, question regarding the camera system and go a step further as I did with the

661
03:38:29.200 --> 03:38:45.680
others is have somebody monitoring it beyond just your food tickets and others. But, you know, eye in the sky is always good to catch little things that maybe the human eye is not catching because of flashing lights or other. >> Well, that's that's a good idea as well.

662
03:38:45.680 --> 03:39:00.960
>> Roger that. Do you see um you know the expanded weekends uh and and you know we're talking about Friday and Saturday but you know we're seeing people staying over Sunday a lot and extending it on.

663
03:39:00.960 --> 03:39:18.880
Do you have the same kind of um uh you know same kind of staffing on on a Sunday night or do you see a drop off in Sundays? >> No. Anytime there's a holiday, we always, you know, we we'll we'll keep the eight people, not including myself, on, >> but not on a not just a regular Sunday.

664
03:39:18.880 --> 03:39:35.120
I mean, it's, you know, you don't see that kind of business on a Sunday with people staying over Sunday and heading out of town Monday morning. >> I mean, we usually close about 9:30, 10, 10:00 a.m. on Sunday. >> On a Sunday. Okay. >> Yeah. >> It's really Friday and Saturday nights that are the busy ones. And also I have

665
03:39:35.120 --> 03:39:52.160
no problem adding uh more lighting to the front of the building for the for the officers. I can add some flood lights on the front if that helps as well as the tree uh trimming the tree. >> That would be useful. >> Yeah, I think so. >> I think um you know if we go by just

666
03:39:52.160 --> 03:40:09.439
what's written for both accounts, but on this one specifically, it sounds like there's no problems. Yet at the same time, we are presented with people that are highly intoxicated for whatever reason. we have this issue of major concern in this neighborhood. My concern

667
03:40:09.439 --> 03:40:25.120
is that we really need to buckle down. Um we need to make sure our folks visiting us, and I'll say it again, the residents, everybody that's in Felmouth are safe. And that's whether you're out having a

668
03:40:25.120 --> 03:40:42.880
good time or you're a bystander that could, you know, the the worst thing could happen. And and it's our job to make sure everybody's safe. So all eyes are on this neighborhood now. And one thing I would uh also recommend in this is cooperation. It was identified that

669
03:40:42.880 --> 03:40:59.040
your uh one bouncer is very cooperative. I'd like to hear that you're as cooperative as many of the other uh institutions in this town in establishments. >> Yeah, I was really surprised to hear that honestly. >> And it's part of customer service, but

670
03:40:59.040 --> 03:41:14.880
it's also part of safety on this one. Um, so any other further questions for the Lency? >> Um, I see you've given us is there any other measures that you've come to mind here tonight as we've been talking?

671
03:41:14.880 --> 03:41:30.399
>> Well, I I moved some security guards around. I have some new veteran uh some veteran security guards that have returned and you can see from my plan. You know, I've implemented a few other ideas as well which which I had in place last year. But I mean it it's it's just

672
03:41:30.399 --> 03:41:47.359
it it takes a little while to get going to get everybody on the same page. >> So now I feel like my staff, myself, you know, we're we're at full speed right now. >> So it's uh I'm I'm looking forward to having a good summer, a safe summer as well. >> And will you be willing to work with the police department develop a better plan

673
03:41:47.359 --> 03:42:02.560
so going forward? >> Yeah, I think uh yeah, definitely. Of course. >> Okay. >> We always have. >> Okay. >> I think and actually if I if I may, Mr. Chairman, uh Mike mentioned to me that he he thinks it's a great idea if we have a meeting with the police department and whether the boat house is

674
03:42:02.560 --> 03:42:19.359
there at the same time. We >> we would encourage that kind of a meeting. >> Okay. >> Yeah, we we establish communication with the boat house as well just in case, you know, we have some some people that, you know, do do things that they shouldn't be doing. We want to know about it and I think it helps them as well.

675
03:42:19.359 --> 03:42:34.720
>> Thank you. And just two quick things before we move on because we will bring the police department back up is um you know uh Mr. Mills, you mentioned uh some communication glitches quote unquote and

676
03:42:34.720 --> 03:42:50.720
some fence with some sort of alerts. I would look into how to fix said communication glitches and the fence. We've talked about the fence with lighting, but um these are very important to the safety. So, we use some squishy words there, but we need, you

677
03:42:50.720 --> 03:43:19.359
know, to solidify some good plans. >> Agreed. >> All right. Thank you. And, uh, thank you for your words. We will bring the police department back up. >> Thank you very much. >> I'll I'll let the tie that meets the road close it out. people that do all the hard work. Uh I just want to thank

678
03:43:19.359 --> 03:43:36.000
the board uh and the establishment for coming in here tonight. Um hopefully we can rectify this by working together. And um you know I can tell you I did go in and talk to the manager of the raw bar um to go in there once and he looked at me like, "Oh, what do we do now?" And I was like, "No, I want to tell you that

679
03:43:36.000 --> 03:43:51.520
things have improved." So that's what we're looking for here tonight is to address any violations and to make sure things improve. And I'll let you >> and before you proceed, chief, we we see us head on. Thank you and your team for

680
03:43:51.520 --> 03:44:06.640
spending the extra time, for dedicating the extra personnel to keep thmouth safe. So, thank you very very much for your attention and those that detail uh that you have there. Really appreciate it. >> It's an honor for us to serve on behalf of the department and uh and we found

681
03:44:06.640 --> 03:44:23.520
this awesome community. Um and I'll tell you, we just want to make sure everyone's safe just like we're all on the same page. >> Thank you. And just in closing, I just noticed one thing Mr. Rashadi said um that they're not allowing people who are intoxicated into the bar. Mr. Renshaw, you asked

682
03:44:23.520 --> 03:44:39.359
about the over serving. Um if he's not letting people into the bar intoxicated, we could probably make an argument that they're being served even over served in the bar if they're coming out intoxicated or extremely intoxicated. At the end of the day, the chief, our

683
03:44:39.359 --> 03:44:55.600
police officers, detectives, I'm sure all of you, we just want to make sure that people are getting home safe and um we're not having violent incidents um at any of these establishments in town, not just the boat house and the raw bar, but all of them. And I know um from working with the chief, we'll do whatever we can

684
03:44:55.600 --> 03:45:11.840
on our end of things to make these um situations better. Are there any measures that can be taken to uh ensure uh people are not um being overly intoxicated in there that you can do or

685
03:45:11.840 --> 03:45:26.560
that they can do? I mean, we're supposed to be monitoring, right? Are there any actual deployments of mechanisms? >> Uh that's a conversation for us maybe to have together, us and the establishments going forward and also with the ABCC.

686
03:45:26.560 --> 03:45:42.160
Um, it is challenging sometimes to put somebody in there who can observe the overserving and and over intoxication. Um, good question. >> We've talked about some things to do. I wouldn't want to share them right now

687
03:45:42.160 --> 03:45:57.680
because they're part of our plan. Um, but you know, we'll do our best to try to monitor that best we can. That's a challenging thing to to deal with. >> May I Excuse me, detective. You mentioned that you wanted to have ABCC

688
03:45:57.680 --> 03:46:14.080
here this evening to, you know, have some things to say. If we h if we continue this proceeding, which I'm going to make a motion to do, do you think they would be available to come when we continue this hearing? >> I I can't speak to their particular

689
03:46:14.080 --> 03:46:30.239
availability. I can speak to their um willingness to be here. They they had told us they were going to be here tonight, but because of the World Cup, they got they got uh sidetracked. So, initially it was intended for them to be here and to speak on some of the issues that they dealt with. Um, but I'm I'm

690
03:46:30.239 --> 03:46:46.319
sure we could arrange some time to get them together. >> That would be helpful. So, uh, so as with the with the application uh with or the hearing with respect to the roarbar, u I'd make the same motion that rather than close the public hearing, we

691
03:46:46.319 --> 03:47:03.120
continue it. We'll ask the applicant if they would consent to a continuence. >> Oh, I consent to that. Yes. And uh so I would make a motion to continue the hearing. >> I'll second that. >> Okay. >> Any further discussion, Mr. Brown? Nobody.

692
03:47:03.120 --> 03:47:18.720
>> All right. I will say in between there, if you can set up a meeting, that meeting that's been discussed, please do so. It's extremely important uh that we do this sooner than later as both entities, the police department, if you need someone from town management or the

693
03:47:18.720 --> 03:47:36.479
select board there, happy to participate. but make this meeting happen. It would be great. So all we have a motion and we have a second. All those in favor >> I >> I >> Okay. Thank you very much. >> Thank you. >> Okay. We are very behind and for those

694
03:47:36.479 --> 03:47:53.439
that are uh here for the business items for that I apologize. This is these were two very very important things that we needed to do for the safety of Felmouth. So, we appreciate your patience and we will uh start next with uh Eversource.

695
03:47:53.439 --> 03:48:08.479
We have an update on the Felmouth Tap substation expansion project. Uh if you folks could take your conversation outside, that would be great. Um we have you listed as 30 minutes. So, it

696
03:48:08.479 --> 03:48:25.359
would be great if we could uh you know cut that in half so we also have time for uh public comment as well if necessary. Um Mr. Renshaw, do you have any opening comments? >> Just just real briefly. I I do and we'll let Eversource get on with the presentation about 3 months ago back on

697
03:48:25.359 --> 03:48:41.359
March 23rd. uh Eversource representatives provided the board a uh an update uh regarding details of the project uh the tap expansion as well as an overview of the community comments that had been received as a result of the company's outreach efforts. Following that presentation on March

698
03:48:41.359 --> 03:48:57.920
23rd and the comments made by adviserss and members of the select board, Eversource was required requested I should say to examine and evaluate potential new sites as well as to consider moving the currently designed project further back on the San Turner Road parcel in order to minimize impact on the surrounding neighborhood. Uh in

699
03:48:57.920 --> 03:49:12.720
addition to the above considerations and concerns of Butters have also raised access issues to the property uh via the east end road. I also wanted to mention that on May 14th, as you all know, the energy sighting review board held a public comment hearing at Lawrence

700
03:49:12.720 --> 03:49:28.640
School where many of the above concerns uh were also noted. And with that, I'll turn it over to the source team. >> Hi, good evening uh vice chair, members of the board, Mr. Renshaw, and other uh town staff. I'm Renique Goldstein with

701
03:49:28.640 --> 03:49:44.319
Eversource Energy. I'm a manager of community relations. Thanks for having us here um for an update on the Falmouth Tap upgrade project. Um as Mr. Renshan noted, we were before you um in March, and we're here specifically not only to

702
03:49:44.319 --> 03:49:59.040
update you on the project, but more specifically on uh alternatives that were raised to members of the team uh at Eversource uh by the neighbors. And we'd like to provide an update on the work that we've done in the last months uh

703
03:49:59.040 --> 03:50:14.880
since we saw you. I'm here accompanied by colleagues who will introduce themselves um as they uh speak to the project. So the agenda will provide a project overview and understanding of the Falmouth Tap

704
03:50:14.880 --> 03:50:28.880
property shifting the station away from Sam Turner Road which was one alternative proposed by the neighbors as well as an a suggested alternative parcel. Um before I we jump into the agenda, I did want to ground uh the

705
03:50:28.880 --> 03:50:44.880
discussion in a few re relevant um items. First, just to to note that and and I may be stating the obvious, but that uh the core responsibility of the regulated utility is to provide safe,

706
03:50:44.880 --> 03:51:02.560
reliable power while balancing customer rates. And when the utility goes in and petitions the state for uh a project such as the Falmouth tap, we have to incorporate three key elements in that

707
03:51:02.560 --> 03:51:17.680
petition. Um and I'm speaking broadly. Um and so you'll hear and I'm stating this because you'll hear these types of topics coming up through the presentation. Uh element number one is we have to exhibit a need. We have to

708
03:51:17.680 --> 03:51:34.720
show the need. We have to uh articulate the solution to the need and uh why we choose where we're going to uh build the infrastructure, how we got to that site and we also have to meet that need in terms of timing. The second element is a

709
03:51:34.720 --> 03:51:52.000
cost component. We have to balance the impact to customer rates. we have to spend prudently and we have to explain the spending uh to the our state regulator the department of public utilities uh the DPU and then the third element is looking at impacts to the

710
03:51:52.000 --> 03:52:08.880
community uh the neighbors uh the town and most uh not most importantly but as important the environment and I know that that was a topic of discussion at the last meeting. So with that I do want to uh present the key speaker and others

711
03:52:08.880 --> 03:52:24.640
will support as needed. Uh Liz Petra Tuano try to say that three times and fast and uh she's a transmission uh project director. So I'll take it take it away Liz.

712
03:52:24.640 --> 03:52:41.199
>> Thanks Rene. All right so as Renate said Liz Petrono project director at Eversource working on the Felmouth tap project. So before we get into this, I want to do a quick overview of the project just to um and the property that

713
03:52:41.199 --> 03:52:57.199
Eversource owns along Sam Turner Road. So this slide shows the existing station to the left and our proposed station to the right with a kind of small rect gray rectangle um that has no equipment in it represents the area where we'll have

714
03:52:57.199 --> 03:53:12.720
temporary facilities during construction. that square would not be there but I wanted to show it for reference for people to understand uh our temporary facilities that are needed to maintain our switching capabilities during construction. So the proposed

715
03:53:12.720 --> 03:53:29.359
project includes rebuilding the existing transmission switching station uh to a transmission and distribution substation so power can be delivered more directly to the surrounding neighborhood. The project is needed to support the load growth in the area. It will improve the

716
03:53:29.359 --> 03:53:44.239
reliability and the resiliency by reducing the length and number of customers on our distribution lines in the area as well as provide uh provide more flexibility and ability to transfer power and restore faster.

717
03:53:44.239 --> 03:54:01.120
Uh utilizing an existing site does avoid the need to clear new corridors and one of the why we focused our efforts in this on our existing property. We can go to the next slide. >> It's not moving.

718
03:54:01.120 --> 03:54:18.319
There we go. All right. This slide gives an overview of the property uh to help understand how we're utilizing it. So on the left, uh it shows our existing property outlined in this kind of coral pink color. are the

719
03:54:18.319 --> 03:54:36.640
blue transmission lines uh are existing today as well as the green transmission or distribution line and all these purple dots represent the existing structures in the right of way. Uh these all these existing uh transmission

720
03:54:36.640 --> 03:54:53.279
lines need to be maintained during the construction. So that's done with bypass around our construction area on both sides uh Sam Turner and next to the golf course. uh to the left uh this you kind of see

721
03:54:53.279 --> 03:55:09.199
the yellow I guess you can see it here shows the exist the existing transmission corridor uh that is outside of the property as well. On the right we show uh the area the hashed area represents where our transmission

722
03:55:09.199 --> 03:55:25.199
facilities uh exist today and the red area represents the vegetation removal needed to complete the construction of our site. And this is all to show how we're utilizing majority of the property. There are limited space on

723
03:55:25.199 --> 03:55:40.800
this property um for the 2.6 acre substation as well as our temporary facilities. the by line bypasses, their storm water controls, uh access roads, parking and construction areas. And

724
03:55:40.800 --> 03:55:56.960
therefore, uh, Eversource believes, uh, based on an engineering perspective, the proposed layout represents the most efficient use of the land and meets the needed facilities and the town setback requirements. So the first analysis ever source

725
03:55:56.960 --> 03:56:12.560
completed was the request to shift the proposed substation towards the golf course away from San Turmer Road in an effort to save the trees along the roadway. You can go to the next one. This alternative considered shifting the

726
03:56:12.560 --> 03:56:29.520
station about 105 ft towards the golf course which is towards the left edge of the property on this video on this picture. The solution would require a temporary underground of one of our existing lines because there would be insufficient space for the overhead

727
03:56:29.520 --> 03:56:46.560
bypass uh on the far side of the station. As my colleague will talk to a little later, the removal along Sam Turner Road, uh the tree removal would be unchanged. >> Could I ask a question about that? Why would that be unchanged? Uh there is an

728
03:56:46.560 --> 03:57:02.720
existing the line that runs along Sam Turner Road still needs to get into our temp facility and back into the new station. So there to maintain our clearances there would still need to clear the trees along the road.

729
03:57:02.720 --> 03:57:21.760
>> I I don't understand that. >> Keep public comments for a second, Mr. Brown. >> Yeah. I don't I don't understand the reasoning behind that. The whole point of shifting it is so you don't have to cut down the trees. Right. >> Right. The trees that are being cut on Sam along Sam Turner Road are to facilitate the transmission line, not

730
03:57:21.760 --> 03:57:36.319
the substation itself. This transmission line needs to access the temp facilities and needs to make a turn into the station. >> How is it accessing it now? >> It goes into the existing station >> and the trees are there.

731
03:57:36.319 --> 03:57:53.279
>> Yes, but the line needs to shift because of the station. And now we'll turn back. C >> can you show me how that's >> how that works because I don't understand that. >> Yeah.

732
03:57:53.279 --> 03:58:09.840
>> One of our colleagues is going to address. >> Yes. Uh oh, I'm sorry, a little too close. Uh my name is John Ziko is the ICKO. I'm a director in the substation and transmission line uh group at Eversource. And as a point of clarification,

733
03:58:09.840 --> 03:58:25.199
you know, the line that is I'll say on the Sam Turner Road side of the facility that's there now comes into a line terminal that's in a certain location. It lands on the station. With the proposed new facility, the location

734
03:58:25.199 --> 03:58:41.760
where it lands will be changed because the the size and the layout of the facility itself is changing. So it all needs to at the end it all needs to line up like a system. The lines need to uh terminate in certain locations in the

735
03:58:41.760 --> 03:58:56.640
station so that the electrical switching is achieved and that's all governed by where the lines are now and where they need to be put. >> But they're overhead lines. They're in place now. >> That's correct. >> They go above the trees. >> No,

736
03:58:56.640 --> 03:59:17.120
>> they do not go above the trees. >> The transmission lines do not. Are they not overhead wires? >> They they are overhead wires >> for transmission overhead transmission. It's uh typically edgetoedge clearing on

737
03:59:17.120 --> 03:59:31.920
the right ofway or the corridor. >> I don't understand that. What's that? for a transmission overhead transmission line as opposed to an overhead distribution line. The clearing is edgeto edge on the right

738
03:59:31.920 --> 03:59:49.760
ofway or corridor. And that is a that is an outcome of the 2003 blackout that started in the Midwest and kind of rolled its way east to New York State. there's been enhanced uh vegetation clearing around transmission infrastructure as opposed to the

739
03:59:49.760 --> 04:00:08.800
distribution infrastructure where you'll see they'll sometimes like cut a notch in the tree. That's the defining um characteristic. >> It doesn't sound very uh practical. So, you're going to clear all the trees

740
04:00:08.800 --> 04:00:25.520
on the whole lot regardless of >> Is that the idea? >> It's It's not the I It's the outcome. I Are we a couple slides ahead on that or >> Yeah. >> This This is the side we have, I think.

741
04:00:25.520 --> 04:00:43.199
>> Yeah. And I mean there's I I'm not an expert on vegetation management but I can say so just to make the distinction the poles and wires in the street the the allowable clearances are different than high voltage 115 KV

742
04:00:43.199 --> 04:00:58.960
transmission lines. And so I think what John was saying is that there there must be complete clearance around these lines. it it's just a different, you know, it's a different part of the system. >> That that was a distinction I was attempting to make but obviously didn't. So, thank you for the clarification.

743
04:00:58.960 --> 04:01:19.199
>> Excuse me. Complete clearance. >> Comments from the public will be heard. We're going to stick here. We're going to continue. No, I appreciate the comments. Just want to make sure that we have it separated right now. This is for select board and then we will open up public comments.

744
04:01:19.199 --> 04:01:35.600
Mr. Mr. Brown, continue on your questions. >> Well, first, sir, you know, I came to the first open house here and I spoke with you and I asked you a lot of questions. >> I recall that. Yes. >> And you told me at the time that a lot of those questions you weren't going to

745
04:01:35.600 --> 04:01:52.880
be able to answer because there was another level of uh your company that was going to be responsible to make those decisions and give those answers. But yet, I always just see you here. So, I'm wondering, are there other people that are going to come or are you the actual person that

746
04:01:52.880 --> 04:02:08.640
is going to explain all those things? >> I I am the representative here from the substation and transmission line engineering group tonight. >> Okay. But so now you are prepared to answer all the questions because you didn't seem to be at the open house. I mean, did I misunderstand you that day?

747
04:02:08.640 --> 04:02:24.479
>> No, I I don't think you did. Um, you know, when we when we were at that open house, I was hearing some of those concerns and issues for the first time, right? >> Uh, I wanted to go back. I'm not, you know, I'm not an expert in

748
04:02:24.479 --> 04:02:41.359
every area of the engineering discipline. I'm not an overhead line engineer. I I deal with them, >> right? Uh, I wanted to go back and get this laid out as a system like it is with each each individual discipline

749
04:02:41.359 --> 04:02:56.479
having their input so that I could come back with the best answers possible. I I didn't want to bluff and, you know, guess and be wrong that evening. >> Right. But that this seems like a pretty basic question because if you're saying

750
04:02:56.479 --> 04:03:13.600
that the rules of these overhead transmission stations are clear cutting the trees, then seems like you could have just said that at the first open house, right? >> The the distinction the distinction is that for the for the station itself,

751
04:03:13.600 --> 04:03:32.000
there is a u no vegetation protocol for around the station itself. What I was referring to in my earlier remarks this evening was the corridor where the lines um you know run through through the town

752
04:03:32.000 --> 04:03:48.560
and through the community, not the station property itself. >> Okay, I'm going to uh put attack in this one. Um tree removal and keeping trees is extremely important. Let's continue through this uh presentation. We are

753
04:03:48.560 --> 04:04:04.080
going to come and revisit this. Maybe some of our answers will be our questions will be answered in the following slides. >> Okay. Thank you. Okay. So, as I was discussing the evaluation of shifting

754
04:04:04.080 --> 04:04:21.920
towards uh the golf course, this would result in additional earthwork um and a approximately 600 ft retaining wall because we'd be shifting the station into the existing hill. they exist on the property. Uh these these

755
04:04:21.920 --> 04:04:38.000
coupled with the need to un temporary underground a transmission line um would materially increase the project scope cost schedule, the constructibility as well as the operational complexity of this without the benefit of saving tree

756
04:04:38.000 --> 04:04:56.399
the trees along San Turner Road. So I think John, is there anything else that you wanted to say about the temporary facilities or the storm water basin? >> I think in in the interest of time so that we can, you know, get through

757
04:04:56.399 --> 04:05:12.640
select board questions and the public questions, I think we'll uh take a pass on that now. >> Yep. >> Thank you. >> Thanks, John. Okay, so this slide shows a view from Sam Turner Road south of Bayorn Court. Uh looking kind of north up the road. Uh

758
04:05:12.640 --> 04:05:29.359
showing the station on the left is the proposed with the on the right shows the station slightly shifted away from the road. Um but this is without any visual mitigation and we do have slide later to talk about um the options for on-site

759
04:05:29.359 --> 04:05:46.080
and off-site vis visual mitigation which the company is um prepared to offer for this project. And then again similar uh view just from Bay Warren Court looking across Sam Turner Road

760
04:05:46.080 --> 04:06:02.880
to we have any more questions on the shift before I talk about the other alternative that we looked at. I have to say several years ago we uh talked about this project. There was some modification that you were doing to it and at the time some of the vegetation was cut back and the property use has

761
04:06:02.880 --> 04:06:18.080
somewhat changed now. It's more of a staging area for projects and at that time I was on the board and there was talk about mitigation and vegetation and possible things that could be done but in the end we haven't seen any of that

762
04:06:18.080 --> 04:06:33.920
done from the last project. So yeah, um I recall it wasn't this project that we were discussing. There were neighbors that were um emailing the board um and others at Eversource and I engaged uh we met with one of the neighbors and we did

763
04:06:33.920 --> 04:06:51.520
actually uh plant uh plantings in an area that was agreed upon with one of these one of the neighbors for visual mitigation >> on their own property. >> No, no, on our property on the in the rightway. Uh but we do and that can be uh I believe that's part of the discussion in a later slide. We do offer

764
04:06:51.520 --> 04:07:08.880
mitigation on customer property uh you know to help with visual impact. So both both we do both where where appropriate. >> But to me I'm just I drive by there a lot and it just seems like it's getting more industrialized with less screening

765
04:07:08.880 --> 04:07:24.640
>> and so it's a it's a concern that we talk about mitigation, but I'd be really interested to see what that mitigation was if you could. >> I think as part of this project what it allows us is to do potentially more than what we've done historically. And I I

766
04:07:24.640 --> 04:07:39.439
hear you. I know that historically we've had um contractors there, we've had um material there, and uh we understand from the neighbors that we can certainly be better neighbors in that area. Um and and again, this project uh affords us

767
04:07:39.439 --> 04:07:59.920
the opportunity to do some um some additional things that we don't typically we aren't typically able to do in a in a when a project isn't before us, if that makes sense. >> All right. Uh so the next alternative that we announc that we evaluated was moving the

768
04:07:59.920 --> 04:08:15.359
proposed station about a half mile north to the town owned property along uh route 151. So to complete this analysis, Eversource evaluated uh several factors from engineering uh looking at a conceptual

769
04:08:15.359 --> 04:08:30.800
design for the station uh transmission and distribution lines uh as well as storm water and how that would um play into the feasibility, the construction constructability can how would we build the project? What site access do we

770
04:08:30.800 --> 04:08:47.680
need? What's the grading requirements? We also evaluated our sighting and environmental requirements for this project. Um it would require uh to refile with the sighting board under the new regs. Um there'd be additional permits required for this station

771
04:08:47.680 --> 04:09:06.640
because of the impacts. Um we also looked at the utters for this property and the overall environmental impacts um as well as the cost and schedule to moving it to the new parcel. Yep. Getting to it.

772
04:09:06.640 --> 04:09:21.840
So, the resulting evaluation is there's um three major impacts that we want to highlight tonight. Uh one being the reliability impacts. Uh because we would need to redesign the station and the

773
04:09:21.840 --> 04:09:39.120
lines fully as well as follow the new sighting regs um and have additional per permitting requirements. It could be a 3 to fouryear delay to the project and it's already an um eminent need for the area which would may require us to have

774
04:09:39.120 --> 04:09:55.199
other interimm measures to maintain the reliable power. So that could have additional added costs as well as other impacts to other areas. Um one being the potential to impact other um projects on the Cape that we wouldn't be

775
04:09:55.199 --> 04:10:10.880
able to complete those at the same time. is doing the right thing. >> Well, this is a >> it's another reminder why it would have been great to talk about this before you filed with the EFSB and we could have >> Yep. >> you know, got on the same team.

776
04:10:10.880 --> 04:10:28.720
>> Uh so the environmental impacts, so the results um building at this site would have different environmental impacts including almost about three times the amount of tree clearing needed to install at this site. that would be tree clearing at the site as well as along

777
04:10:28.720 --> 04:10:44.160
the rightway between the existing property and this site. Um, and it still sad to say that it would still may require the line the trees that are on Sam Turner Road to be cleared because that line would need to be extended to

778
04:10:44.160 --> 04:11:01.439
the new property. Um the so the third is the um actually before I get to that to demonstrate kind of how these impacts exist. This picture is um trying to show where we would locate the substation at

779
04:11:01.439 --> 04:11:17.760
the parcel M1 151. Um the light green square kind of gray square uh is the substation location. The red lines would represent all the transmission lines that need to get into this substation and then the

780
04:11:17.760 --> 04:11:34.399
darker green area would um shows the necessary clearing around all the lines in the substation needed if we were to build at that site. Um so the last impact is the rateayer impact. So all these additional costs for land acquisition, uh site development,

781
04:11:34.399 --> 04:11:51.040
transmission and distribution, redesign, uh potential interim solutions, the site development, um all this would have impact to the customers for this project. So I think any questions on this analysis?

782
04:11:51.040 --> 04:12:07.600
>> I mean do you can you quantify what you mean by increased costs to the consumers? I mean what what are we talking about? I mean >> Yeah. >> Yeah. So the land component >> the land acquisition would be one piece

783
04:12:07.600 --> 04:12:23.680
of that. There's like I said there's about three times the amount of uh tree clearing. So that all of that area would need to be developed. So all that site development area um costs as well as >> Yeah. But do we have those costs? I guess I mean other than just you know an

784
04:12:23.680 --> 04:12:39.600
estimate or you know obviously there's going to be some cost but I mean do we actually know what what what that equates to or have you done that analysis? we did internally. >> What? >> So we I I don't know that we have that

785
04:12:39.600 --> 04:12:56.479
number um at this time. I just will say that historically the the company was charged the company sites on property that they own unless they don't own any in in you know in the area that they're of the of need. So we typically will

786
04:12:56.479 --> 04:13:13.600
will construct on already uh on Eversource property. >> So but we own the property, right? this this other >> I mean have you asked the town how much it would cost? >> Not yet. No. >> No, >> we've not we've not entertained discussions with the town as of yet.

787
04:13:13.600 --> 04:13:29.760
>> If I could, I got to say honestly that the presentation is really just stating things that we knew in the first iteration of the first open house because we identified all these potential issues and now you're

788
04:13:29.760 --> 04:13:44.880
just putting it on paper. So it's not really giving us much new information. >> So the evaluation of this um because of the environmental impacts and the added cost, it's not a we don't believe that

789
04:13:44.880 --> 04:14:02.000
it's prudent for Ever Source to propose a project that's a higher cost to our customers. >> We don't know the cost. You don't know the cost of the land. You haven't even asked, >> right? But that's only one piece of the cost. >> Sure it is. I know. Yeah, th this is

790
04:14:02.000 --> 04:14:17.840
true what you're saying. We don't we haven't presented the cost, but again going to the guiding principles that the utility is is required to um to exhibit, we we would have to justify a project

791
04:14:17.840 --> 04:14:33.359
that is much more costly to the customers to the regulator. Have you identified any cost savings benefits by using the new site whereas maybe you don't need the temporary uh facility or any other

792
04:14:33.359 --> 04:14:47.920
>> I thought that's what that's what I was hoping you would come with today. >> Um if yes we potentially wouldn't need the temporary facility at themont tab but there is potential that we would need other mitigations to um ensure that we could provide reliable service in the

793
04:14:47.920 --> 04:15:04.239
time or during the scheduled delay. So that would have actually an added cost because of the delayed schedule. >> Well, who whose fault is that? It's not it's not our fault you delayed the schedule because you didn't really talk about

794
04:15:04.239 --> 04:15:22.560
this with us before you came to town. >> So you have two remaining slides. Do you will you please finish with those and then we'll move to public comment? >> Yeah. I'm going to hand this over to Steve to talk about the visual mitigation. Yep. Good evening. I'm Steven Udac. I am

795
04:15:22.560 --> 04:15:37.760
the supervisor for project engagement. So, we handle the community outreach to the neighbors and the above. Um, so we have been in conversation about visual mitigation at the public comment hearing. We did have some pictures uh to

796
04:15:37.760 --> 04:15:53.760
show fencing, proposed fencing at uh Falmouth Tap. We did get some feedback, some negative feedback about uh the fencing and so we're working to make sure if vegetation would work or a combination of vegetation and fencing.

797
04:15:53.760 --> 04:16:09.840
So we're working on those designs and we get those designs. We'll share that with the community and get that feedback with visual mitigation. There is two types of visual mitigation. On-site on-site visual mitigation is what we're talking about on the actual site of tap and then

798
04:16:09.840 --> 04:16:25.760
individuals who are impacted their viewshed they get off-site mitigation where we've had preliminary conversations. So these are the above that are directly facing the substation. So 255 261 245 Sam Turner Road directly

799
04:16:25.760 --> 04:16:43.199
across probably a couple more as well. So we're already having some type of conversation talking. We'll continue to talk to them throughout um this process, throughout the EFSB process as well. Next slide. And so we're we're g we're here my

800
04:16:43.199 --> 04:16:58.880
myself and Steph, we're here to engage the community. We want to make sure that we get their feedback. We want to make sure that we answer their questions. Uh we do have a monthly email uh that we try to send out with updates such as visual mitigation, such as where we'll

801
04:16:58.880 --> 04:17:15.680
be speaking. also asking of anyone who wants to meet with us individually that we would come and meet with them, answer their questions, make sure that we're responsive. Okay, we know we're a big company. We want to make sure people have a point of contact. They can contact us through the project email or

802
04:17:15.680 --> 04:17:31.760
they can speak to us afterwards. We can take their contact information and meet with them. Uh but we're here to make sure that people have access to us, make sure that they get questions answered on the project and and to provide feedback to the project team on visual

803
04:17:31.760 --> 04:17:48.800
mitigation. >> Thanks, honey. >> All right. Thank you. Um before we move on to uh public comment, any further slides or discussion points? >> That's it. Is there any have you addressed the concern of the neighbor

804
04:17:48.800 --> 04:18:04.880
with the roadway issue where the structure was proposed to be in the middle of the road on top of the water line that they serves the two houses there? >> Um that structure has been relocated in our design and we were in discussions to about their access with them separately

805
04:18:04.880 --> 04:18:24.479
>> because uh we received an email from that person as late as today and they were still wondering what's the status. So, I don't think there's really a a discussion with that resident. >> So, yes, uh we we spoke to the individual. I emailed them on Friday. Uh

806
04:18:24.479 --> 04:18:40.479
we're hoping to set up a meeting with our rates of way team next week to talk about the access road. >> Okay. So, you haven't actually been able to talk to them? >> No, but we we we are scheduling time to meet, >> right? Okay.

807
04:18:40.479 --> 04:18:56.080
So, I will remind um the select board and those attending here um that this was for discussion purposes only. We do not have anything to actually vote on. However, it's important that we do hear from our community. I think Mr. Brown uh

808
04:18:56.080 --> 04:19:12.239
outlined quite a few of the concerns as well as Mr. Mscali. Uh from the tenor of this, you can obviously tell that we have nervousness in the presenting and you've been put in front of here. We have uh a lot of upset neighbors and

809
04:19:12.239 --> 04:19:29.439
we're in the middle trying to mitigate this and we're also trying to figure out a good pathway forward. I will paraphrase what Mr. Brown has said and and saying that it doesn't appear that we have gotten anywhere with you in regards to any kind of compromise. We're

810
04:19:29.439 --> 04:19:44.800
hearing squishy words of responsiveness, but responsiveness hasn't resulted in a change of plan or doing some of the major requests that we're hearing from our butters. We're hearing we're listening, but that's not equating into

811
04:19:44.800 --> 04:20:00.239
any change. So, something that we the board would like to see is a little bit more give and take. I think in a previous uh statement made by uh a previous select board member, Mr.

812
04:20:00.239 --> 04:20:16.960
Richardson, you know, we're at a time of unprecedented profit, especially for Eversource. Some skin in the game would be very nice to help mitigate some of this. If we can save some trees because it's just

813
04:20:16.960 --> 04:20:32.560
uh procedure, not necessarily policy, that would be great. if we can have some other landscaping measures. Fencing does not equal trees. Fencing and vegetation equals trees. I think there's a lot that can be done to meet us halfway. Um I'll

814
04:20:32.560 --> 04:20:48.720
stop there before we go to community. Mr. Mscgally, one more >> just a a question of council. uh where do we stand in relation to the EF the sighting board and our uh intervention in in that proceeding and

815
04:20:48.720 --> 04:21:05.760
what are next steps in that proceeding? >> Um I don't have any update at this time. It's a it's a litigation so it's a long procedure. um we will be filing a brief that um attempts to address all of the issues that are being raised not just by

816
04:21:05.760 --> 04:21:20.479
the select board but by um members of the public. I understand it's a it's a long process but do we have an idea when something like that would be available for us to see and you know take a look

817
04:21:20.479 --> 04:21:35.920
at I mean is there a timeline for for doing that? I do not have an answer for that but I can assure you that we will provide you with an opportunity to review the material. >> Okay. I mean are we under any deadlines

818
04:21:35.920 --> 04:21:53.760
or or we're not really >> chair I'm sorry um board member Mscali I do not have dates for you. >> Okay. Thank you. Okay. Um I would like to open this to public comment. Same rules apply. um we don't want to have

819
04:21:53.760 --> 04:22:12.040
repeat issues drawn out. If you have specific comments and one of your uh friends, neighbors or colleagues or someone has already stated it, you know, please refrain from reiterating. But if uh if someone would like to come to the front, um now's the time.

820
04:22:12.960 --> 04:22:31.920
Miss Moahan, >> Laura Moahan, I'm a Felmouth resident speaking um as a taxpayer. I just like to ask the select board um what efforts have been made to get the Cape Cod Commission to review this application.

821
04:22:31.920 --> 04:22:48.720
The petition is for local zoning bylaw exemptions. Um but um I have contacted the Cape Cod Commission and asked them why they're not taking jurisdiction over this project and they have uh failed to

822
04:22:48.720 --> 04:23:05.680
respond and Jed Cordox's been included in that correspondence. So um you know the town of Falmouth funds the Cape Cod Commission. they could at least give us the courtesy of a response as to why this project um is not subject to their

823
04:23:05.680 --> 04:23:22.960
jurisdiction. It seems like it would be appropriate and does meet the thresholds at least one threshold under the um DRRI regulation. So just a comment that that might be an additional um threshold of review and I would urge also the select

824
04:23:22.960 --> 04:23:40.640
board to review the petition itself because the number of zoning exemptions are really significant here. Um it's an agricultural district in the water resource protection district. Um there are pvious surface limitations. There

825
04:23:40.640 --> 04:23:58.640
are site plan review um requirements. There are building height requirements. Some of these structures are 75 80 ft tall uh when we have you know 22 foot high and 30 foot high limitations. So I urge you to re review the zoning

826
04:23:58.640 --> 04:24:15.040
exemptions that are actually being requested. Um herbicide applications in a water resource protection district are not allowed under zoning. to really understand what's what's happening here. This is an industrial development in in

827
04:24:15.040 --> 04:24:31.600
an agricultural district in a water resource protection district. So, thank you. >> Thank you very much. Any other comments from the public at this time? Yes, sir. >> Will you please come to the microphone and introduce and give us your name?

828
04:24:31.600 --> 04:24:48.080
>> I have a couple comments questions. My name is Sean Era. I live on Brayurn Court. I have several properties. Um my question on what kind of a visual vegetation would hide such an unsightly

829
04:24:48.080 --> 04:25:04.640
substation? No kind of visual changes to 255 and some of the other properties up the road are going to hide this thing. Um so I don't know what that means by their visual vegetation how

830
04:25:04.640 --> 04:25:21.279
that would help. Um and the impact my other question would be the impact of additional heavy vehicles on Sam Tanner Road as it is the entrance to the current entrance. When it rains,

831
04:25:21.279 --> 04:25:36.560
>> at least a quarter of a yard of debris runs down the street in both directions >> all the way to Sam Turner um in the other direction and it just stays there until the cars push it to the side of the

832
04:25:36.560 --> 04:25:59.760
road. So, um that's pretty much all I have right now and hopefully this doesn't happen. >> Thank you for your comments. So uh for the visual mitigration question uh that that is a point right

833
04:25:59.760 --> 04:26:16.560
that vegetation isn't going to cover this whole entire substation. The fence isn't going to cover this whole entire substation right you're going to be able to see it. The the other thing with with the vegetation to be honest is we are in a

834
04:26:16.560 --> 04:26:34.159
energy corridor. So we have am I able to speak to them or that I'll sort of look this way. So we are able to plant right but we are specific to certain regulations since we are in a energy

835
04:26:34.159 --> 04:26:49.359
corridor. So if we plant in the right away, we can't have vegetation impact those lines, right? So if we plant, we must have vegetation stay at adult majority within 15 ft. So we are limited

836
04:26:49.359 --> 04:27:07.359
in our visual mitigation plans to try to cover this massive subject. However, based on positioning, based on sort of a combination, we may be able to not negate the whole entire viewhed, but at least limit the impact of just having a

837
04:27:07.359 --> 04:27:24.560
bare um no fence, no barrier, no vegetation, just open land. So, it is a process. It's things that we're working on to try to get to. Uh and we'll share that with you and get feedback on how best we can do it.

838
04:27:24.560 --> 04:27:41.279
Okay, thank you very much for those comments and for filling in. There's a lot of customer service that is required. >> Oh, you have one one last one and then we have to move on. >> I just want to know I'm Heather, I live on Brayburn Court. Um,

839
04:27:41.279 --> 04:27:57.520
say by far chance like yeah, we all approve and this goes forward. Um, are there any guarantees that you guys won't expand like more, >> you know, like >> so the sub >> can you guys give any guarantees? >> I can't give any guarantees, but I will

840
04:27:57.520 --> 04:28:13.600
say that the substation is designed to support the future expansion um without having to um redevelop the land again or expand the substation. There's space within the substation uh for future equipment.

841
04:28:13.600 --> 04:28:32.000
>> Great. Thank you, Mr. Mr. Mscally, I see you positioning. Oh, go ahead. >> All right, last one. >> Which one do you want to do? The first, second, or third? 151. >> The proposed project is to put it uh

842
04:28:32.000 --> 04:28:48.399
it's >> first one. >> The first, I guess. Yeah. >> How about the second one or the third one? >> This they're both >> there's three. >> They're the proposed project. They're more expensive. more expensive. >> More expensive. You got billions of dollars.

843
04:28:48.399 --> 04:29:04.000
>> That's paid for by customers. >> Well, that that's good. >> Yeah. >> Okay. Uh thank you very much for your questions and comments from the public. Mr. Msgi, any >> just just you know, we've had a good

844
04:29:04.000 --> 04:29:19.920
relationship with Eversource. you know, certainly with the storms in the winter and, you know, just a lot of uh a lot of good interaction between Eversource and the town. And I would just, you know, urge you to to take heart to what we're

845
04:29:19.920 --> 04:29:36.960
saying uh and what what the neighbors are saying with respect to some real concrete answers uh that I think we're entitled to when you say it's not going to work. you know, just saying it's not going to work really isn't helping us, you know, come to any decision. I think

846
04:29:36.960 --> 04:29:52.319
we really need to, you know, get some some answers that we've been asking for. And, you know, we appreciate you coming again and giving us an update. Uh, but, you know, similar to what Mr. Brown was saying, it's really kind of just saying what you've been saying before in a

847
04:29:52.319 --> 04:30:08.960
different way. So I I urge you to go back and you know speak to whoever you have to speak to and actually you know maybe come back with some real you know responses to what what are obviously our concerns with respect to alternates and

848
04:30:08.960 --> 04:30:24.399
you know and costs and and and so forth. So >> thank you Mr. Galley. Mr. Brown >> I'd like to get a better understanding of why the trees all have to be cleared when right now they're not cleared. I know I got an answer, but it didn't make

849
04:30:24.399 --> 04:30:40.000
sense to me, and I'd like to see it on a map, and I'd like to get a really an explanation that I can understand and comprehend and possibly accept. >> John, do you have something you'd like to contribute? If >> if I may, with permission of the board.

850
04:30:40.000 --> 04:30:56.159
>> You have 30 seconds, please. >> Thank you. So, we're in we're in a situation here where, you know, we have a case in front of the energy facility sighting board. The company's a party. The town of Felmouth is a party. Various of Butters are parties to it. All these questions that are being asked, I've

851
04:30:56.159 --> 04:31:10.720
been through a lot of these processes over my career. A lot of these questions have been asked will be fully fleshed out. I expect them to be fully fleshed out as part of that process. I can't guarantee what this board and the staff are going to do, but experience shows

852
04:31:10.720 --> 04:31:25.439
that these uh these get fully fleshed out as the process unfolds. Great. Thank you. I'm sorry that we couldn't hear from everybody today. Um we will move on. We have two tasks for um Miss Moahan. I would like the town to look

853
04:31:25.439 --> 04:31:40.560
into uh which would be uh the select board. We ought to look into the number of zoning exceptions and then clarification on the Cape Cod Commission and getting a ruling from Mr. Corn. Thank you all. If you could please

854
04:31:40.560 --> 04:32:03.600
proceed quietly out. We will >> get ready for items B and C. >> The guy in a suit with no socks. >> The guy with >> If you could please have your conversations outside, please. >> That's the way.

855
04:32:03.600 --> 04:32:22.399
>> Excuse me, ma'am. Could please have conversations outside. We need to move on to our next one. No, it's okay. All right. Only two hours behind, Miss Fish. My apologies. >> Here all night. I'm wide awake now.

856
04:32:22.399 --> 04:32:37.359
>> We need more coffee. Um, so we have two items here before the select board. Item B, the select board as trustees for the Falmouth affordable housing fund discuss and consider a vote to approve an application for funding from the HA Falmouth Housing Trust, Inc. for the

857
04:32:37.359 --> 04:32:54.319
housing project located at zero locus field road. Additionally, following is the select board as trustees for the same address of the affordable housing fund discuss and consider a vote to approve an application for funding from Bmouth Housing Corporation and

858
04:32:54.319 --> 04:33:11.039
Affirmative Investments Inc. for a housing project located at Zero Locust Field Road. Mr. Wshaw, do you have any opening comments? >> I do not, Mr. Vice Chair. Kim did a great job doing the summary background. I know you've all had an opportunity to read that. >> We have. We have seen some wonderful

859
04:33:11.039 --> 04:33:26.879
slides. Go. >> Okay. For the record, I'm Kim Fish, the housing coordinator for the town. And as you know, this is one of the properties that went through the RFP process to dispose of town owned land for affordable housing. Famouth Housing

860
04:33:26.879 --> 04:33:44.160
Trust, Famouth Housing Corporation in Affirmative Investments were sent a notice of award letter on March 24th, 2026. Uh earlier this evening, thank you. You voted to uh sign the land disposition agreement. And uh tonight there are two

861
04:33:44.160 --> 04:34:01.039
agenda items for applications to the Falmouth affordable housing fund uh for this property before you tonight. Uh, one is from Falmouth Housing Trust for six affordable homes for home ownership and the other one is from Falmouth Housing Corporation and Affirmative

862
04:34:01.039 --> 04:34:17.039
Investments for 40 affordable rental units. Uh, the applicants will be co-presenting tonight. They won't be doing two separate presentations, so that'll be more expedited and um we'll get out of here a little bit sooner. Um, with that I'm going to introduce Laura

863
04:34:17.039 --> 04:34:34.959
Moyahan who's the executive director of Felmouth Housing Trust. Thank you. >> Thank you. Thank you, Kim, and members of the board. Try to go through this quickly. I'll go through the slides and then Linda Clark um from the Falmouth

864
04:34:34.959 --> 04:34:51.600
Housing Corporation would like to make a couple of brief comments. I'm here today obviously from the Falmouth Housing Trust. Tara Misrai is here from Affirmative Investments and Virginia Coffee. Um, and Linda Clark from the Housing Corporation. And before I get

865
04:34:51.600 --> 04:35:07.199
going, just so that the board knows and the public knows, there will be a community information session on this project on July 8th at 5:00 pm at the Scranton Main Apartments, 763 Main Street for any member of the board or

866
04:35:07.199 --> 04:35:22.240
community that would like to come out and learn more about the project and ask questions. So we have um 40 units of rental housing ranging in uh AMIs from 30 to 100%. Those will be developed by the housing

867
04:35:22.240 --> 04:35:36.400
corporation and affirmative investments. The housing trust will be developing the six home ownership units 80 to 140% AMI. And you have in your package the breakdown of the number of units. 14

868
04:35:36.400 --> 04:35:55.439
onebedrooms, 22 twobedrooms, uh three uh or four threebedroom units on the rental side. We've given you the net rents um and how that breaks down in terms of the various units. So there is a wide range there. On the homeownership side, uh we

869
04:35:55.439 --> 04:36:11.119
have five twobedrooms and one threebedroom um ranging in price from 2.85 285 to 400,000. And uh this is the overall site plan. Um again, you have this in your packet. Um

870
04:36:11.119 --> 04:36:27.680
the site has been designed as locust field woods trying to create wooded buffers around um the development as well as a pedestrian path that encompasses the entire development. Um on the uh left side of the screen you

871
04:36:27.680 --> 04:36:43.119
have the three home ownership duplexes and then on the right hand side you have the rental apartment building with uh wooded buffers in between as well. Um on the homeownership side we have

872
04:36:43.119 --> 04:37:01.119
designed a duplex that doesn't look like a duplex. Um so we have tried to separate the um entrances and the privacy for the residents and we've given you the floor plans which show uh the two uh two two we call

873
04:37:01.119 --> 04:37:17.359
it. So two two-bedroom units in one um in one duplex. These will be visitable units for access um for persons with disabilities on the first floor to the entrance and the bathroom.

874
04:37:17.359 --> 04:37:34.080
And then there is a 23 duplex model as well. Very similar design except uh the three-bedroom unit has a master bedroom or a first floor bedroom as well. Uh about 1100 square ft² on the twobedroom

875
04:37:34.080 --> 04:37:51.039
units and around 1,300 square ft on the threebedroom. On the rental side we've given you some views of Roie Architects has done a lot of the design work. This is from the front driveway. Uh coming in, here's the

876
04:37:51.039 --> 04:38:08.400
view from the lawn area, which is designed to be a play area, outdoor space that will be available for all residents, including the home ownership um residents if they want the kids want to use it and play there. And then we've given you the floor plans

877
04:38:08.400 --> 04:38:26.080
for the first floor. Um, you know, showing the bike storage area, a lounge, a fitness room, community area, uh, as well as a management um, quarters and a community room. and the second

878
04:38:26.080 --> 04:38:43.520
floor plans. You can see from the plans that the units various bedroom sizes are spread throughout the building on different levels um and the range of square footages for the units. Um this plan is floor three and it gives you the

879
04:38:43.520 --> 04:39:01.359
breakdown of the square footages uh for the units and the unit mix. And on the workforce housing side, um just some data, 66% of the FHL workforce earns under 80% AMI. The median income

880
04:39:01.359 --> 04:39:20.959
for homeowners is about 101,000 while the median income for renters is very low at 34,538 for a single person household. And we've given you the income needed to afford median rent. So median rent has been

881
04:39:20.959 --> 04:39:37.039
calculated I believe this is in the housing production plan at about 3,000 a month and in order to not be cost burdened rent should not be or house household housing cost should not be more than 30%

882
04:39:37.039 --> 04:39:53.600
of gross income. So this is just sort of showing you the critical need um for this type of housing that's actually you know on the rental side um less than market rate rentals. um the

883
04:39:53.600 --> 04:40:08.878
incomes needed to afford the median rent um and not be cost burdened is around 120,000 a year which many of these um occupations do not meet and are significantly lower

884
04:40:08.878 --> 04:40:22.878
than that. So we're just provided this to show you the critical need um for this type of housing at the rent levels that we that are proposed. The total funding request um for the

885
04:40:22.878 --> 04:40:43.200
rental project is $4,25,000. Um I know that sounds like a lot and it is a lot. Um and it is a h 100,000 per unit for the construction activities, but you can see from the project sources that this really represents 15%

886
04:40:43.200 --> 04:40:58.480
of the overall development cost. So around 28 million for the rental side in total and um the uh funding is made up of tax credit financing uh soft funds

887
04:40:58.480 --> 04:41:14.080
permanent mortgage and fundraising making up the other 85%. So, um, housing is expensive, but, um, obviously the Falmouth affordable housing fund is very important to this project because that

888
04:41:14.080 --> 04:41:28.718
provides, um, 15% of the total capital stock and is the basis for other financing to fall in place. On the home ownership side, the request is for $925,000

889
04:41:28.718 --> 04:41:45.200
at 150,000 per unit. Um that's 26% of the total capital stock, home sale revenues, deferred developer fees, rebates, and philanthropy making up the other 74 uh percent.

890
04:41:45.200 --> 04:42:02.080
So I've given you the development standards. I know you're all familiar with these allowing for the infill development, encouraging mark the market to create multiple housing opportunities and accepting responsibility for providing houses uh housing for people

891
04:42:02.080 --> 04:42:19.520
of all stages and all levels of income. And uh the project is of course in align with the housing production plan goals. Um 80 units per year of affordable housing is one of our housing production plan goals for the SHI. This project

892
04:42:19.520 --> 04:42:37.120
would add 42 units to the SHI and more than half of FHLA's annual goal. Uh it would provide a promote a diversity of housing type types. Um, we're maximizing the number of affordable units included

893
04:42:37.120 --> 04:42:53.520
in the development and we are prioritizing creation of affordable rental units. The project meets select board's highest priorities for funding um with the various income levels

894
04:42:53.520 --> 04:43:10.958
um the mixed income development. Uh it is multifamily housing and units that are ADA accessible. So with that I will ask Linda Clark to make a couple of comments and that is our presentation. >> This morning could I just ask one

895
04:43:10.958 --> 04:43:27.360
question on um >> the the additional funds the the deferred developer fees. Could you just explain what what that is and how that computes? >> Yeah. Do you want to Tara could answer that? Uh it's quite complicated on the

896
04:43:27.360 --> 04:43:44.080
rental side. um on the >> I think it's on the home ownership side that you're talking about right now though. Do you want me to just I think >> Okay, go ahead. >> So um Oh, sorry. This is >> Please introduce yourself. >> Sorry. Yes. I'm Tara Misrai. I'm the executive vice president of affirmative

897
04:43:44.080 --> 04:43:59.840
investments. Um, and so deferred developer fees, um, when you're applying for financing, not necessarily with with Falmouth, both with state agencies, um, they allow a certain level, um, of development fee and overhead. Um, and so

898
04:43:59.840 --> 04:44:15.840
in in this instance and the housing trust side, they, um, want to show that they're eligible to take this deferred this um, developer fee and overhead, but in their instance, they're actually donating kind of a bunch of it back. So, you could you could net it out. It's not

899
04:44:15.840 --> 04:44:30.878
really a developer fee, but then it wouldn't be showing any developer fee or overhead. So, I if I'm saying that right, Laura, Laura's um the trust is is willing to say, I don't need your funds for developer fee or overhead. She's

900
04:44:30.878 --> 04:44:46.718
going to try to fund raise for them separately. Um so, it's in essence, it's a source. Does that make sense? I guess the your question was deferred would seem to mean that it's going to come back at some point in time. That's my question, I guess.

901
04:44:46.718 --> 04:45:04.560
>> So, so I think the thought is if she can fundra for that, then it would it would show that that deferred fee got paid down through other fundraising. But right now, the sources for the condos don't show additional fundraising to be able to get her to to get a fee on this.

902
04:45:04.560 --> 04:45:20.798
But the goal is I'm sure the trust would like some additional money so that they would be looking for some fundraising to pay that fee. But the fee is shown to show the maximum that she would ever get would be the developer fee and overhead that's in that budget if she can fund

903
04:45:20.798 --> 04:45:37.840
raise additional money for it. >> Okay. Thank you. >> Yeah. And I think we put in our developer fee is very low. You know, it's I think it's around 12,000 per unit. But Tara is right. I mean it developer fees are paid at the end of the project based on all sources of

904
04:45:37.840 --> 04:45:59.680
revenue. So if if we didn't meet that target then we wouldn't be we wouldn't be paying ourselves a developer fee essentially. That's why it's deferred. >> Thank you all. >> I'm Linda Clark from Felmouth Housing Corporation uh president and executive

905
04:45:59.680 --> 04:46:26.360
director. Um I have a handout if I may of just a twopage. It talks about um employment and found the tenants we currently have and tenants which I think is important um to know

906
04:46:26.878 --> 04:46:42.718
and some current rents that we charge which is well below the payment um standards. So, for those viewing, we've just been given a handout for tenant employment in

907
04:46:42.718 --> 04:47:00.000
Falmouth, Barnes County AMI caps, rents charged, and uh tenants that are employed at these local Falmouth businesses. Thank you. Continue. Um I I believe most of you are familiar with Felmouth Housing Corporation, but I'm just going

908
04:47:00.000 --> 04:47:17.440
to touch on u a brief history. I know it's late. Uh, Felmouth Housing Corporation was established and founded by Bob Murray back in 1996. So, the company is 30 years old. We are a nonprofit. Um, Bob saw the need back

909
04:47:17.440 --> 04:47:34.160
in 1996 that affordable housing um was was in desperate need in the town of Falmouth. Uh, Bob passed away sadly back in 2013. I have taken his position since that

910
04:47:34.160 --> 04:47:50.320
time. Um, so I've been with the company for 13 years now and we've developed 292 units within the town of Falmouth. We are self-managed. With that being said, we have our

911
04:47:50.320 --> 04:48:07.520
corporate offices next door at 704 Main Street. Um, we have a staff of 15. We have our own compliance department, financial department, maintenance department with 24hour on call, a front office person that uh handles any public

912
04:48:07.520 --> 04:48:24.240
inquiries either by phone or in person to assist them with any kind of housing needs. Nobody goes out of our front door without a direction. If we can't assist them at that moment, they fill out applications. if they're in desperate

913
04:48:24.240 --> 04:48:40.798
need of housing, we direct them to the housing uh assistance corporation for emergency housing. Um, and our weight list is pretty extensive. So, that one person handles the front office and handles our weight list.

914
04:48:40.798 --> 04:48:56.240
That's a full-time position in our office. We also have a tenant relations person that's full-time in our office who she works tirelessly um with dealing with tenant issues that

915
04:48:56.240 --> 04:49:13.760
could prevent them from paying their rent. She guides them to raft with housing assistance corporation to the local churches to um the service center any other needs they may have. A lot of

916
04:49:13.760 --> 04:49:30.320
our tenants live paycheck to paycheck. If they need a new set of tires, how do they pay the rent? >> So, it's very, very difficult. Um, we do have that person on staff at a full-time job. It's probably a full-time plus

917
04:49:30.320 --> 04:49:45.200
because it's after hours, it's on weekends. Um, I just want to just if I could go over the handout briefly. Again, I'm not going to take a lot of your time. uh the Felmouth Housing Corporation. We partnered with

918
04:49:45.200 --> 04:50:04.000
Affirmative Investments back in 2004 and created uh 704 Main Street. Since then, we've created many units within the town of Falmouth. We have a total of 10 projects um ranging from 30 to 120 AMI. We have

919
04:50:04.000 --> 04:50:21.120
eight market units at our property at Edgiton Drive. 87 of our units are age restricted. 20% of those tenants in these units are employed in the town of Falmouth. In addition, there are several tenants that

920
04:50:21.120 --> 04:50:40.560
volunteer within our town. The remaining units of 205 not age restricted, 110 of those in of those tenants work within the town of Elman. That's 54%.

921
04:50:40.560 --> 04:50:56.638
With that being said, with 40 units coming along online with Locustfield, we're going to assume there's going to be at least half that project will service our our needs for for workforce housing.

922
04:50:56.638 --> 04:51:16.638
If you take a look at the rents, and I'm not going to go over all of them, but um our 80s, 120s, and markets, a typical one-bedroom, 80%. The cap is $2,3.

923
04:51:16.638 --> 04:51:36.560
Our typical rent for that unit is $1,450. a two-bedroom, 80% $2,43. We're charging $1,600 as a typical rent. This is what we do for people. We help people. We're a nonprofit. We do not go

924
04:51:36.560 --> 04:51:53.120
up. Very, very, very rarely do we ever go up on a cap for a rent. Um, I just want the community to understand what we do and what we do for our community.

925
04:51:53.120 --> 04:52:09.600
Um, like I said, I got to make it brief. Any questions? >> Mr. Brown Mscali, >> how do how soon do we have to come up with this $4 million for the construction? Has it already been

926
04:52:09.600 --> 04:52:27.680
appropriated, Mr. Rencha? Yes, it's operated. We already did that. >> Yeah. >> Okay, good. >> So, it that's in general the way the the fund works, right? So, the money is appropriated into the fund and then we spend out of it, >> right? But I just wasn't aware that I

927
04:52:27.680 --> 04:52:44.240
don't recall voting the 4 million. Did we already? >> No, that's what we're doing tonight. >> Over over the years, it's you know, the balance has gone up. It's not project specific, right? So, we go to town meeting appropriates CP money into the fund. town meeting appropriates $850,000

928
04:52:44.240 --> 04:53:00.080
$950,000 from um general fund coming from the excise every year that goes into the fund >> but we don't have this 4 million on hand right now >> we do >> we do yes we do >> what is the total in that fund right now do you >> about 80 right

929
04:53:00.080 --> 04:53:16.958
and and Kim just to to clarif that number that you've attached which is $8,252,997 $7. That includes the amount that was rescended from the 545

930
04:53:16.958 --> 04:53:33.440
Main Street. So that if we had not taken that action, the unencumbered balance would be considerably less leaving very little after this project uh at the very least. Right. >> Is that correct?

931
04:53:33.440 --> 04:53:48.320
>> Correct. >> Okay. >> Okay. Thank you. >> Thank you. >> And if I might just add, Mr. ground as well in the RFP uh responses these requests substantially were incorporated in the performance that the select board

932
04:53:48.320 --> 04:54:04.000
reviewed at that time. So just >> Okay, good. Thank you. You know, and it's worth pointing out as as Miss Pointingham mentioned that our guidelines allow for up to $150,000 per affordable unit and all the housing

933
04:54:04.000 --> 04:54:24.480
corp and affirmative uh investments are asking for only a h 100,000 uh for 40 units uh $4 million. Please. >> Yeah, >> I also just want to point out a really important point that um Miss Moyan had

934
04:54:24.480 --> 04:54:40.718
brought up um at our affordable housing fund, the working group meeting that we have that right now this isn't generating any income for the town of Fmouth, but they will be paying property tax once it's built. So, >> Miss Fish, while you're still up there,

935
04:54:40.718 --> 04:54:57.600
how does funding for this very large product uh project affect our 545 um pending requests? I mean, we're going to be informed later on in July about this. Um does it have any effect, yes or no?

936
04:54:57.600 --> 04:55:13.360
>> We I Well, I mean, that's a tough question to answer. I mean, it it would leave if these were awarded, it would leave $3.8 8 million in the fund, but um this is a townowned

937
04:55:13.360 --> 04:55:29.440
property that we have all collaborated together. So, um I think it could be look I think it should be looked at separately anyway. >> Yeah. But if I may, Mr. Chair, I think there's an arithmetic question. So, it's just the balance if this were approved

938
04:55:29.440 --> 04:55:45.040
is 3.8 8 million. >> And then we have an application from Fmouth Housing Corp for 545 Maine and that number is less. >> It's 2.6. So it leaves us with 1.2 million is the is the math. >> Okay.

939
04:55:45.040 --> 04:56:02.798
>> But yet we haven't considered potential construction requests, but that's not on the agenda. >> That's correct. Right. Just it's just the phase one the you know the initial application before you for property acquisition. There is sufficient funds for that. But I do um project ahead uh

940
04:56:02.798 --> 04:56:19.680
in in talking with developers and potential developers and what could be in the pipeline that $1.9 million would not be requested until after April town meeting 2027. We're we would never um appropriate those funds for an

941
04:56:19.680 --> 04:56:35.440
application that hasn't been uh approved by town meeting. But we do know that that um we'd be working with the CPC requesting funding for them for the transfer and that would be on town um April 2027 town meeting as well as the

942
04:56:35.440 --> 04:56:50.878
um local impact fee and the short-term rental fees. Um both would be and that would put last time we we received 2 million from the CPC and 950. So at we should be able to get more money in the fund.

943
04:56:50.878 --> 04:57:07.200
>> Okay, good. Any further questions from the select board? No. >> None. Um, do we have a motion? We have two different ones here. We have one for um $925,000 with $25,000 to be allocated for

944
04:57:07.200 --> 04:57:23.760
predevelopment costs as well as one for a separate one for 4,25,000. So, let's start with the first one. >> I would move approval of the uh 925,000. >> All right. So, we have a motion and a second to move.

945
04:57:23.760 --> 04:57:39.440
>> Sorry, if I may, can we ask that that full motion be read the record? >> I was just about to do that. So, we have a motion, a second to move the select board as trustees of the Falmouth affordable housing fund award $925,000 to the Falmouth Housing Trust, Inc. with

946
04:57:39.440 --> 04:57:54.160
$25,000 to be allocated for pre-development costs and 900,000 to be allocated for the construction of six homes for ownership. two restricted at 80% AMI, two at 100% AMI, and two at

947
04:57:54.160 --> 04:58:09.760
140% AMI, and to authorize the town manager to execute the documentation setting forth the financial award to Falmouth Housing Trust. Any further discussion? Nope. >> Hearing none, all those in favor? >> I >> I

948
04:58:09.760 --> 04:58:26.878
>> You have unanimous of the three. Uh the next one we have is for the 4,ion25. I will make the motion uh that the select board as trustees of the Falmouth affordable housing fund award 4

949
04:58:26.878 --> 04:58:45.040
million25,000 to Locustfield Woods LLC with $25,000 to be allocated for pre-development costs and 4 million to be allocated for the construction of 40 rental units. 38 units are restricted at 60% AMI, two units at 80% AMI, and two

950
04:58:45.040 --> 04:59:00.160
units at 100% AMI, and to authorize the town manager to execute the documentation setting forth the financial award to Local Locust Field Woods LLC. Do I have a second? >> Second. >> Second by Mr. Brown. Any further

951
04:59:00.160 --> 04:59:16.958
comments? Seeing none, all those in favor? I >> I >> All right. nicely done. >> Thank you very much. And as always, we appreciate all your time, Kim's time, the working group, all the staff. We're very grateful. Thank you.

952
04:59:16.958 --> 04:59:32.798
>> Thank you. >> Thanks. Thank you for all you do. >> Thank you all. And next up, we have a uh consider a request from the Falmouth Housing Trust for a waiver of the town permit fees associated with permitting for the

953
04:59:32.798 --> 04:59:50.160
development of two affordable homes at 20 Bantine Drive and 21 Pheasant Lane Drive. >> Move approval. >> Uh so moved. Let me >> second. Uh, any further discussion?

954
04:59:50.160 --> 05:00:06.240
Hearing none. All those in favor? >> I. >> I. >> Do you need me to actually read it all? Are you good? >> A motion to wave the town permit fees associated with the permitting for the development of two affordable homes at 20 Brigintine Drive and 21 Feeasant Lane as presented.

955
05:00:06.240 --> 05:00:23.920
>> So moved. >> There we go. Okay. Uh, moving forward. Thank you all. We have consider request from the compact of Cape Cod Conservation Trusts on behalf of the 300 committee for a

956
05:00:23.920 --> 05:00:43.280
conservation restriction uh at 44 Bittersweet Road owned and by the Bittersweet Farm Trust. Uh Mr. Renshaw, do you have any opening comments? >> I I do. I'll get through this quick. Uh so uh last month May 26th uh the uh Cape

957
05:00:43.280 --> 05:00:57.600
Cod Conservation Trust through Cat Graphley uh submitted a letter uh which is attached to your packet this evening. Uh the Hazelton family of the Bittersweet Farm Trust is granting this conservation restriction to the 300 committee land

958
05:00:57.600 --> 05:01:14.638
trust um on a 6.7 plus or minus acre parcel located at 44 Bittersweet Road in Felmouth. Uh the conservation commission here in Felmouth voted in support this conservation restriction at their May 20th meeting and the document has been reviewed by Fmouth town council. Uh members select board the purpose of this

959
05:01:14.638 --> 05:01:29.920
conservation restriction is to ensure the protection of the property in perpetuity for its natural scenic and open condition. Specifically the conservation restriction will permanently protect 1.2 acres of area designated as biomap rare species core habitat as defined by the Massachusetts

960
05:01:29.920 --> 05:01:46.718
National Heritage and Endangered Species Program. Property also lies within the wershed to the upper Kunameset River and the Great Pond Coastal Invement and its protection will maintain groundwater quality flowing to these water bodies and importantly the agricultural activities will remain a permitted use

961
05:01:46.718 --> 05:02:03.840
that will encourage the protection of Felmouth's farm agricultural lands. That's all I have. I'll turn it over to Cat. Cat, do you have anything to add? >> Thank you very much for hearing me. Sorry. >> And thank you for your patience. >> Absolutely. So I am the land protection

962
05:02:03.840 --> 05:02:21.280
specialist through the compact of Capeod conservation trusts. I'm paired with the 300 committee two days a week and I've had the honor of working with the Hazelton family on this conservation restriction over the last year and a half. The family is absolutely dedicated

963
05:02:21.280 --> 05:02:36.958
to preserving the agricultural activities and the overall environment surrounding this beautiful property that they have on Bittersweet Road. This property will add to the hundreds of other acres that the 300 committee

964
05:02:36.958 --> 05:02:54.798
holds in conservation restriction and we're just very excited to have this partnership with the Hazeltons. Um I'm happy to answer any questions. It's a pretty standard conservation restriction in that it prohibits any sort of development and permanent structures. It

965
05:02:54.798 --> 05:03:10.718
does allow the family for their agricultural activities and a special use area for boat storage. Um, but overall the conservation restriction is pretty standard. Allows them to maintain and update their house while protecting

966
05:03:10.718 --> 05:03:27.600
the conservation values you can find there. >> Any questions? >> No. >> Good. >> All right. Do we have a motion to approve the request? >> Is there a written motion? I'm trying to find it.

967
05:03:27.600 --> 05:03:42.560
>> Yeah, I can write. Is there a motion to approve the request for the compact of Cape Cod Conservation Trust, Inc. on behalf of 300 committee for a conservation restriction at 44 Bittersweet Road owned by the Bittersweet Farm Trust as presented. >> So moved.

968
05:03:42.560 --> 05:04:00.840
>> Moved by Mr. Brown. Second. >> Second by Mr. Mscowi. Any further discussion? Seeing none, all those in favor? I >> I >> I >> thank you very much. >> Thank you. >> Thank you. >> And finally,

969
05:04:01.200 --> 05:04:17.040
>> may I have a motion to approve the meeting minutes of May 18th, 2026, June 1st, 2026, and June 8th, 2026, pending. Any comments from the select board? >> Um,

970
05:04:17.040 --> 05:04:33.680
I would move them. The only correction I would make with respect to the minutes on June 1st were that um you Mr. uh uh Reed were referred to as Jack Reed uh as

971
05:04:33.680 --> 05:04:51.200
opposed to Colin Reed. Uh those of you who may know Jack Reed actually was uh in the movie The Reds uh with Warren Batty because he was in Anyway, that was who the original Jack Reed was. But anyway, uh other than that correction,

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uh I don't see any uh any other corrections and would move the approval of those minutes. >> I would second them. >> Okay. >> Further discussion. Thank you very much for pointing that out. I was going to say the same thing. Uh, all those in favor. >> I I

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>> uh select board reports real quickly. Um, do you have any reports? >> I I do not. >> All right. We don't have any select board reports. Uh, future agenda item requests. U, I have

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ma made a couple. I would uh I would reiterate that I would like a u like kind of an update on uh on pickle ball and uh you know what what what has gone on with respect to discussions about pickle ball. That's something I'd like

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to have brought up at a future meeting. Roger that. >> So noted round >> same ones as before. >> All right. May I have a motion to adjurnn? >> So moved. >> Second, Mr. Brown. Second by Mr. Mscali. Any further discussion? Seeing none, all those in favor?

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