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[Music] [Music] welcome to the zoning board of appeals please silence all cell phones and note that this meeting is being taped by
fctv if there's any private party uh recording this hearing if so please step up to the podium to request permission I'll introduce the board on my far right is Mark finan a voting member close to me is Frank Duffy our clerk I'm Suzanne Murphy the chair to my left is James Moss the vice chair to his left is Tony Puchi an associate and Nick Haney also an associate and we have noren Stockman our zoning administrator and Ashley Dello office assistant the zoning board
of appeals is charged with applying the state's zoning statutes as well as the town zoning bylaws and reviewing and voting on every application all decisions are made through the public hearing process our goal is to hear testimony from the applicants and the public and to allow a full and fair discussion of the project prior to closing the hearing process and reaching a decision number one to begin each hearing the clerk will read the public announcement for the hearing and read pertinent information from the file two the applicant or the applicant's
representative will then have 15 minutes to make a presentation but time may be extended by a vote of the board three the board will then question the applicant four the public will then be invited to comment comment should be limited to 2 minutes and be strictly related to The Proposal all members of the public wishing to speak should wait to be recognized by the chair and should come up to the podium you state your name and address for the record and please speak into the microphone it will amplify your voice and record audio for the FC TV viewers we also have a time
now where if anyone has a public comment they're welcome to come up to the podium and make a comment but nothing that's on our agenda tonight and we will not be commenting on your comment anybody want to come up okay so tonight we have two continuations 2 40 BS first at bat is 85 Brook Hill Road good evening Nick Marion representing the applicant
last time we were here we extended the time on it so we could have time to visit the site and do a S sidewalk which we did a couple weeks ago also we were going to revise the plans to show an additional fire hydrant which we did [Music] [Applause]
one more so we added a fire hydrant right at this Bend in the road we already had one at the end of the the street there's also directly across the street from the beginning of the project right on brick
film road we also added the a liner to the catch Basin at a detention point I mean you you can see the liner is spelled out and shown here shown better in another sheet isn't it Tim
there it is right here so this is the yeah it's spelled out as um membrane liner and it covers the entire Basin exterior on the off the property side yeah there thing would wanted to see
was we showed the location of all the tanks should we have to do n denitrification that they would fit on the site we left the dumpsters where they were and the garages where they were and defer to the board through condition if you want you can move them whatever you think is the best thing we think it's where they should be now is the dumpsters up here
any questions mark you have any questions um basically I have one issue and that's you just said about moving the garage I think you need to move that thing completely out the property I think the uh idea of him storing his extra equipment there for projects as you stated around the
town isn't proper I think it's uh an abuse of the uh lock coverage um waiver that we're going to give and um I just simply didn't think that you stated enough need to justify it and uh I'm uh sticking right there other than that pretty much
satisfied everything that I can really um going out I mean I was worried about the GES I think the liner is absolutely going to take care of anything that might crop up as far as that's concerned but as I say I think the uh extra garage is just it I respectfully disagree I think we need
them uh but I hear what you're saying Frank how about you well let me amplify Mark's comments about the the garage I don't know whether it actually has to go but it cannot be used for all of the applicants equipment to manage all of his other properties this is a 40b project and 40b allows us to wave provisions of the zoning bylaw to promote affordable housing it doesn't allow us to wave um provisions of the zoning bylaw
for commercial activity or commercial uses which I think this really is so I I agree with Mark on that now I would like also you to just kind of confirm to us that impermeable liner which you mentioned what are it's how long is it and what dimensions are is it and what uh what what are what are the details on the you know the liner itself uh good evening for the record Tim
Santos from meral Engineers representing the applicant I'm trying to get back to [Applause] it so the liner itself runs there's this orange line right around here around the exterior of the Basin it's a 40 mil polyliner similar to
what's used in landfills um for septic systems as well as uh you know kind of COI pons it it prohibits any type of uh water from moving moving through the liner itself it's going to run from elevation top will be elevation 27 bottom will be elevation 20 that's about 3 ft below the grade in um I can't remember what number this is but number 77 uh the rear of the property uh was
discussed last time to try to get 2 or 3 ft below that grade to help prevent any type of uh migration of that groundwater to this property I believe it is the the distance is right there I'm just trying to read it off the top of my head I think it says 190 linear feet long 190 ft from here all the way around to the other end where does it end 190 it starts right
here yeah and it comes all the way around and ends right here and nothing's going to you don't curl it up to no it it wouldn't be curled up all right it whatever might get by is is isn't going to migrate back to gir's proper correct in your in my professional opinion I respect that okay glad you took us up on that
suggestion um I have one other question and you may have already answered it but I was looking at my notes and I didn't see it uh we had asked you a couple of weeks ago to confirm the distance of the of the groundwater to the bottom of the leeching fields is that 2 feet did you confirm that so we uh we confirmed that we did test pits in this area so we have from the bottom of the leion field to the bottom of our test pit I believe it's 5 ft okay and we needed to show at least 4 ft um we did not find
groundwater at that bottom elevation all right thank you than Jim uh so I'll not going to repeat but I I share this the concerns and reservations of Mr finer and Mr Duffy about the use of commercial accommodations in the garages uh thank you for the site walk it was very Lumina of it's you can't really get a sense until you actually walk the ground it uh it alleviated a lot of the concerns I had uh however as
to the positions of buildings five and four which are the ones that are closest to the property that has the shed that's in uh over the lot line that is now the subject of litigation uh I'm very glad we got the walkth through it's it was actually I think the the property lines are even more problematic now that I've seen it so um I still have significant reservations about approving uh duplex number five and number before given the status of litigation and the encroachment other
than that those are my concerns thank you madam chairman Tony uh thank you just a quick follow up on that uh barrier the 40 mil poly liner um how do you keep it from because it's very important to the abing property how do you keep it from being damaged as you're back filling it is usually in a COR point you mentioned Cory Point there's a backer that goes down first uh so let me just go I only ask because it is
important to the abing yeah sure sure so basically this this area is going to be built obviously with machines to build up the BM to build for that Basin so the liner would be um basically they built I'm going to say the property line side of the burm they will roll the liner down from the top of that BM and then they'll back fill against it to prevent any penetration through that liner so it'll be s yes yeah all right that I just wanted to be sure of that uh and
I'm going to ask you another question probably you are um I imagine you gave us the breakdown of of the barrels Excavating septic system to show us how much it costs is there a reason for giving us this information I got a i one quote from uh Barrow engineering who's probably going to barels excavation is probably going to be our contractor in the
job and then we got the quote from advantech if we bought the components I'm sorry I'm sorry am I not answering the question you asked no no I I apologize okay right so advantech gave us an estimate of $300,000 roughly 300 to 320 for the components and they said installation is typically 70% or so of the cost of the components that didn't include any
electrical or a lot of other things that go into putting it all together baros gave us a price of 650,000 the whole the whole additional cost for the advantech system including the electrical he already had a separate price for the collection system the leeching field and the connections to the buildings so well I mean I wouldn't have been asking about that particular uh
quote if you hadn't given it to us but this is the uh what is it the enco uh o Ren Co system and of course they have the ax Max you're not mentioning which one you're putting in um do you know which system you're actually putting in advant I'm not sure which one got 1 two three four systems some systems are actually above ground some are partially no this is below ground completely below ground all right so this will be out of sight
out of sight no Lids like some of their systems well no there's there'll be some there'll be some uh Lids but all the tanks will be under they'll all be below yes all right um none of these though are in any way uh formulate what would be an IA system it is an IA system is this an IA system because I thought I read that I didn't get it clearly out of the brochures because I didn't know which system you were actually going to install here and I think that's an important that's why I'm asking this
part of the question because you know where we're going in this town um we'll see what happens but uh you never we're going to tie into the sewer line here so I just want to make sure that we're at least doing something to mitigate the nitrogen load in this area well we're still requesting the waiver and we're showing why and in addition to all this there's also a $5,000 to $6500 annual operating and maintenance cost to this thing it's every year it's every year
yeah yeah all right so this is whatever again you're not telling us which system you're using because there are several um on the on their website uh but you're stating that there is s some nitrogen mitigation involved here could I just hear the engineer talk about that just a little bit more so we gave the applicant two names of systems that the Board of Health traditionally approves they're on
the D approved uh website for uh nitrogen approval systems advantex is one of them Nitro is another uh the they spoke to both Representatives I believe it's the vantex ax100 plus the nitrex would get you below um the 12 milligrams per liter that the town the Board of Health is looking for as a final affluent number so I'm assuming that's the information you that's what I'm that's what I wanted to hear both of those systems would get
you below that number that that's what I wanted to hear thank you very much I appreciate it um I have no other questions Nick you have anything anybody want to do any followup before we go to the public could I make a one well maybe let's H from the public first and maybe that'll care can we just have one clarification I think we've been talking about IA systems but the developers not intending to put those in they're just right you're just
demonstrating we're asking for and we're using the cost associated with the to justify the C the request to the waiver oh so these are not going in this this uh oh we're showing you what we why we need the waiver the cost of the is prohibitive we mentioned this at a previous meeting you said I can't imagine do a cost so all right I know I can't get into that part of it but you know what's happening in town you know that by the time you pull your construction permit it could be it's not
in our purview to dictate that it's in the Board of Health so you have got to have your numbers already in your pro forer already I mean you've got to have it in there we don't we're asking for the waiver so you got to make your decision on whether or not we get the waiver okay thank you I appreciate that thank you one follow Mr I'm sorry the just want to make sure that the nothing has changed the plans that are in file have setbacks for the Northerly duplexes building 6 5
and four minimum is 26 ft and then there's a 30ft setback am I reading the plans correct I believe so yeah we're off to off the property line by 30 ft thank you so be before you go to the public I'd like to respond to some of the comments I've heard first we still feel we need the five car garage but we're willing to give up two cuz some of those garages we get a five and a two and the two is going to be for bicycle storage for the for the um Studio
building we need the other garage for maintenance equipment storage of of screens and woodworking products and things like that so we're asking for that and the the concern about the adverse possession of the land shouldn't be taken consideration here we own the land until they win a lawsuit if they win a lawsuit we can't build the
buildings or they own them if they're on their property if we've already built them so it shouldn't come into consideration on the approval denial here thank else do Nick yeah clear this up Nick Mark has a question for you please uh now do you plan on on building those last what the buildings in
question with the property line in dispute uh more than likely we will yeah I mean this okay because I I think we'd uh we'd be very wise to do it that way um now uh in the event of your I guess this is as much question how about if we put a condition that building four and five the building permit would be contingent upon a favorable decision for you in the in the lanord
lawsuit um well first of all I think we're only going to lose one building if they Prevail on the lawsuit which we think we have a pretty good argument seen a plan of the land they're claiming they just say they have an adverse worst case we move one building to the right a little bit and we'd be okay we we we're comfortable with it but but I don't I don't know about putting the condition in that's that's up to the board to decide I I think it would be courts are going to decide anyway I it would be um
foolish of us to build a building until we resolved it but I don't think you should weigh in on it that's my opinion okay the other thing is you said you said you there's a five car garage there you'd be willing to give up what two spaces but what are you going to use the other three for you mentioned a lot of equipment I'm very adamant that that anything that's in storage on this property should relate to this property property that's it that's the way I feel and not leave the
property this should not be a storage area for all all the applicants of the properties All Around Town that's a violation in my mind of a 40b project that could be one of your conditions I suppose we I'm going to move to make it a condition okay I I think on top of that um as you stated earlier that he owns multiple uh projects around town I mean uh and this equipment most
certainly um in my mind and from your description is going to be used to service all these properties I think it's time that uh this gentleman gets himself Contractor Yard and I I'm still adamantly against this I I I think it's an abuse of our waiver of lot coverage and um I'm not voting for it and um secondly uh if you don't Prevail in the
lawsuit how is that going to affect the total number of affordable units are they going to stay the same they would have to but if you did the math on it they would have to stay the same because we' have that's my prediction is if we if we were lost anything it would be two units so we'd be at 38 we'd have to have the same number of affordables as we do now we'd only be able to change that if we went down to 36 if we one less affordable thank you are the affordables shown on here no no they're they're
listed though on the map on yes any other further questions before we go to the public okay public we're going to close this tonight so this is your harah try not to repeat each other and we'll get through this hi good evening uh David Lawler I represent Joseph and Tina leblan in the adverse position lawsuit and um I decided to come out tonight and um this
was the last meeting um and I may ask for an extension over the two minutes if I may um with respect to I I disagree um uh with the comment that well that you know we'd own the units if if uh if I if my clients Prevail in the lawsuit because they're in the setback we wouldn't own them but they would violate the particular setbacks and all and all the other regulations with respect to what we have the lawsuit uh alleges that um and and I also disagree
that we don't Technic we I think it's a legal technicality but I actually believe the leblancs actually own that land now and we're in the process of proving it and I know that they're disputing it I don't want to say that but that in the legal technicality is that as of no later than uh 2020 my clients had established that they had um all the elements for adverse possession open notorious Etc uh um because they bought the property in '97 right immediately in '97 they began to
clear that back area and over a threeyear period actually cut all the trees down dug up the uh the land and planted a lawn and maintain that lawn in that particular area for for approximately 26 years um if not a little bit longer but certainly in excess of the 20 20 years is required so in fact my clients have being owners of that property since 20 20 their backyard goes out and it's a it's kind of a like
a cone shape running the entire length of my client's backyard um and the center point which goes out the furthest is about 60 feet from my client's original lot line and the lot lines they are using with respect to this um situation I probably will be filing some type of motion to put something official on record of the claim but it's out there the CL they know they they know about it we're my clients are protected but if this goes forward as indicated there would be a structure that would be
within that would violate uh what you're trying to what you're trying to get at and I don't know if there's any recourse or whatever but I my my job is I think to clarify and put out there what our position is And to clarify to this board what the facts are and um and again in my opinion my clients own that particular land legal technicality not proven and that must be done so in order us to have legal title
uh in um you know to be recorded at the bronal registry of deeds uh to show that that particular portion of the property is now um U certified or you know as you know as being owned by my clients as of 2020 so I haven't I haven't looked at their their plan I have no idea IDE um how many units if any this would affect
but I believe that from listening to the presentation it certainly will affect some with respect to provid you know if we're able to prove um our claim and again I I want to be very clear they have disputed it and they deny that we have done this for 20 years but I you know I certainly my opinion is my client has a very strong claim and intends to go before and prove it but um there's many claims out there that are made and some are proven and some are not so I I you know I don't want to
make any misrepresentation to this board however um my client's confident and prepared to go forward with that and and that's where we are with respect to the litigation and um I don't believe that you know how are you if all of a sudden because lawsuits can take years I've had some that take you know 14 months mons and I've had some that take eight and a half years I don't think this would be either one but this will probably take a couple
years to resolve it's been in litigation now for less than a year um but the um the aspects of it are are um you know relatively simple you know it's you know you know the elements of the of the lawsuit but uh that is something that is going to evolve through the litigation uh they have hired very competent councel uh who's defending it um but I just wanted to come out here tonight to let you know in person what's
going on because I'd heard a couple of things through the grape vine that I you know I didn't think were accurate so I thought it was oblig my client wanted me to come out here and um you know make the record clear I guess would be the the way to put it I I'm not sure if I can answer questions but I'm certainly willing to do so anybody have any questions for I do yeah when we get to it I'm not an attorney although I understand the concept of adverse possession but I'm curious should you
win or Prevail on this is there some horizontal plane that just goes across that or just around I have a you know I and excuse me I should have brought um plans for the for the board I have an extra one I can hand you and show you I'm more than happy to the interested in see that yeah I mean it's uh well I have a I don't know how to I flun
technology I'm definitely going to school but my kids were heing again but I mean this would be the plan is this the no I I have but not not on this if I can show this here this this shows the area this this is the cleared area
here it's building four this building could be moved if we had to but this this is building four there a line there well it's it's it shows the clearing but I just want to say one other thing this is you guys are not land Court attorneys vers in adverse we shouldn't even be discussing this here that's first
opinion secondly is I'm not going to even discuss our defenses to this but U I think attorney La knows the scroll there we go um so if this is the building the um from here but if my my clients's uh house is here approximately here the back line Lots
here it comes out in a cone shape uh with the tip of the cone being about 60 ft from the property line how far into the building um I don't have I never had these plans prior and building it's 30 so it's actually into the building I didn't have your plan so actually yeah we would actually own a portion of the building but um the I didn't realize it was that close so it it um house this is the
part and I don't know that's kind of again I haven't looked at their project that's not my job I just wanted to come out here and provide information I don't know if if there are setbacks that you're looking at that would affect the build this building or this building I doubt this building but potentially this building could be affected but I don't know I don't want to make a representation but clearly um what's referred to as building number four would be significantly impacted with uh my
client's land actually going into uh then there would be how far would they have to move it to have an appropriate setback and all those other issues would be would be in play so um it's a it's you know it's a big deal to my client and the you know the the issues don't just affect this one particular building I don't know I they strike that they may but they may not I don't know if they affect the other buildings as well or
the entire plan if the building was eliminated it would it would also eliminate the setback issues clearly yeah uh but there's another side to that coin but then I don't know how many other units and and how that would affect affordable housing that's that's that's your that's your purview not mine that's nothing I have nothing to do with that your client has some remedies here um you can put a notice in the registry of deeds of the claim yeah which I intend to do okay now if just for example if
there's some building going on that you think ish hering the position of the lawsuit have a right to go to court and get an injunction um this is really your problem I understand that it's really your problem and the applicant's problem not so much ours but we're trying to make sure that no it may be premature that the per permit we may Grant tonight is not used as a Leverage to affect the outcome of no I'm not trying to use it as leverage to affect the lawsuit or whatsoever but I'm trying to as far as
an injunction is concerned I would think that probably that would come into play when they got a building permit I I think that and they're far from that what I'm trying to do is put on put the my client wanted me to put the board on notice of what our claim was okay and to really clear up any misconceptions that might revolve around the claim that's all I'm not I have no comment as to the what this 40b is I obviously have my opinions about housing and all the other things that we all face in this
community um of Cape Cod even though I live in barnable um we're neighbors and have a lot of the same issues but with respect to this particular building and the other buildings around it I just wanted to point out that we have a claim for a substantial um amount of the property which on this plan is being represented as owned by the applicant that's all thank you thank you anybody else anybody else from the
public Nick can you follow up yeah one last word um we obviously we're not going to pull we're a year away from pulling permits anyway at least hopefully the thing will be resolved by then and obviously if it isn't we're not going to pull the permit we may pull a permit we're not going to build the building with that that very foolish on our part so but I don't even think it should be considered in this it's has nothing to do with the approval of this
project so next yes sir if you were to lose this you could construct that building as a uh single and uh not no this just there's much more accurate plans than this out there actually engineered plans I think if we moved building five to F feet to the left we'd be fine so maybe maybe we don't even have
to move it when it actually get out in the field and lay it out so well it seems as it sits now their property goes 2 feet into your building now moving it either direction is going to that's really isn't our uh perview I suppose anyway really it really isn't we shouldn't even be discussing it here it's it's we settled Court Mr Lawler we're going to keep this for our record please all right thank
you can I see that for one second Frank all right we're all set up here for questions everybody anybody want to give me a motion motion to public all set correct motion to close second we have a motion to close in a second any discussion all those in favor of closing I I oppose none all right
great so we're going to um do a decision what was that date March 13 March 13 so I'll need a motion to continue to March 13 I am so moved are we Madam chairman sorry asking the administrator to draft the decision or do we want to yes so I'll modify the motion to instruct the administrator to get a
draft approval and would ask that the board submit by email to her proposed conditions or specific findings okay to March March 13th yes it's March 13th thank you I'll second that should there be a time of submission we don't want that to like next two weeks 10 days what how much time you weeks is fine all right second got that motion y all those in favor I oppose
none 1 thank by 3 [Music] 13 all right next up we have Falmouth Housing Trust this hearing has not been closed [Applause]
do you want to update us on this sure I can as much as I can Karen Binet representing fouth Housing Trust um so after our last meeting um there was some uh confusion with um some uh DPW issues um the next day uh Laura and I and our president Addy drolette met with uh six people
including Peter mccady and Jim mlin from uh from the DPW and um I believe uh noren received uh an email from them saying that uh we had come up with a uh solution to what their hesitancy was but there was no issue on the trash so the trash was that it would be picked up on the west side of the street and that had been approved by the trash company um
and so we have um come up with uh the solution that we will work with the DPW to come to something that they agree with um but that they don't think it should um hinder us from moving forward so they also according to Peter mccady are going to have some new plowing um criteria regulations or whatever which they're working on now which um kind of
precipitated this whole confusion with him so anyway that's where we're at and um so we're hoping that that is taken care of um and at this point in time if indeed we do have to have the um homeowners be responsible for the plowing then um we will um put something in um the fund that we're going to put in for the dite system until we can figure out a
solution so the homeowners will it be in the docks in the home owner do yes but I think beforehand we'll probably have a solution um because we're working and um Mr Santos is is is working with uh with the DPW to wonder why you were hanging around it's a busy night for him thought you just liked us so he does um so we think it'll be a moot point and that'll it'll all be taken care of before then it was just about a turnaround and um
but um the um our friends at the DPW were extremely um helpful and um and very positive about the project so we're going to figure something out and I think it'll be a Mot point before we get the project done anyway so and then hopefully we can just do an administrative change if there are any changes okay fine we're we're going to note that subject to administrative change if conditions change thank
you Norine do you want to follow up on that at all uh no that's she's basically represented we had a concern we had received unfortunately a late email um where the town's undergoing some policy changes about whether or not the way they've designed the street would comply with what the plow needs so I understand there there's still some ongoing conversations at this point in time I understand the town is not
committing to plowing this but that subject to some type of change that works that could change so so Frank suggestion so so the draft right now reads that the town is not going to do plowing but that that may change okay have you had any correspondence with Peter or the DPW relative to this so the last the last the last statement I got from them was that they are not committing to plowing under the existing
conditions but that they continue to have dialogue with the applicants to see if there's something they can work out can uh so that's the yeah so Mr McLaughlin actually sent an email to Norine and said the language in your email accurately reflects what we have agreed upon so um yes she has received so B basically what they've asked us to do is provide them with a turning radius
movement of the plow truck to make sure it can actually turn around up there so uh we have just measured that vehicle their plow out back it was just done today it was actually done yesterday so we need time to just get that turning movement and meet with them um but we're not we don't want to hold up the process that's going on now so agre now is there uh no I think you suggest margin there do you think uh off the top of your head you're going to make it work if the fire truck can turn around
in there then the plow truck can turn around in there I think they just want me to prove show it on a turning movement plan to them so well they normally don't 240 BS that's why I I understand yeah okay okay anything else I think it was the size of the vehicle they said with a regular with a a dump truck plow wouldn't be an issue but if they sent one of the big big guys down there that's what they do on the rout 28 is
big trucks but they would probably have to send a separate one yeah but they do plow side roads so I I don't know 440 Mi of Road in this town I'm not about to try to do Peter's job true that neither am I okay before we close anybody have any questions anybody from the public have any questions before we close Mr Mcall come on now you came all the way out in this crummy night you have any questions I'm just just observing there you go all where we are then is that the
draft as presented will say the DPW will not plow but we'll authorize you as the zoning administrator to make an administrative change if the DPW informs of you that it can now plow or any changes yeah so you can either do that or we can just put a catchall at the very end that basically says which is practice for our office anyway that if there's some the Minimus change we do handle those administratively if it's something of
more consequence we bring it back to the board okay so so the wording as of today is accurate for today's understanding okay I think my personal feeling for you madam chairman is let noren change anything to move things around the board if that's what's going to get the road in the compliance so they can plow I don't want this coming back but that just please handle that me neither thank you so anybody want to give me a motion to close motion to close second here we go
we have a motion to close in a second any discussion Tony's in all night you could have a turn there you go Nick all those in fav I I oppose none all right it's closed so now we have our decision and Jim the speaker of the house uh so start with number five we will update the decision indicate the hearing was
closed on 26 with the motion made by Mr thin and seconded by me and voted by the board Madam chairman I would just suggest that the board take a moment to review the [Applause] first four pages up to where findings is halfway down to page five just to make sure there's nothing that needs to be added or subtracted but we not read line for line into the record those finding exuse me those uh submissions and procedural history sounds good to me do we need a
motion on that I'll move after unanimous consent yes I agree so everybody all set we're going to start with findings everybody's reviewed yes we ready M take it away Jim you all set Mark uh yeah how about number three on which page you page three on page two uh isn't Scott going to be um because of his absence or is he going to be back by oh he'll be back by then right he's only
gone for two weeks no he's not here so that's good that you did that thank you good call so replace Scott with with Nick correct nice call nice call your name do we mention that um a different person has has appeared to I have to add that just as to the in the findings
maybe or we could just put her name in that in number four and have both people and she appeared last time too right yeah you can do it that way right well I I think we need to add the email from DPW as to this issue that was referenced in today's this evening's testimony that's true that's not in there is is that that's not in there either right Norine uh it is not but we can certainly
add in yeah so add the those emails and add Karen is her name Karen also um can we just go back number three again y Nick didn't you miss one of these meetings you can miss one you can't miss two yeah but we'd still have to he'd still have to review it on the did I can't remember
didn't you miss one week missed one week yeah I think it was this week so you might we'll just check with Norine you might have to uh watch the tape yeah but that would be prior to a yeah yeah I mean just so maybe we just go with Tony if he's not sure that this might be optimal no you just have to check and watch the you can't watch after let's take out Scott and put in
Tony then sorry Nick she you had your name in lights for a minute and a half sorry Nick you felt good for a sec too Andy warhole right okay Mark's picking up on this stuff loving it okay good [Applause] no other submissions right I I was
paying attention man you oh no it's it's valid point Thank you great anybody else have anything else before findings not I I think he can take it away Jim all right starting on page five findings number one according to the last published subsidized housing inventory Shi issued by the executive office of Housing and livable communities eohc dated August 27th 2024 prior to the
submission of this application the town of Falmouth had 10.01% affordable housing which included filed approval for a 300 rental unit comprehensive permit on July 29 2024 the town also has an approved housing production plan current through March 28 2029 two the applicant by letter dated September 12th 2024 maintains that the Shi is not accurate and that the town is below the 10% affordable housing stock indicating the town is ineligible for
Safe Harbor three the opening of a hearing on October 17 2024 Mr Morris made a motion which was seconded by Mr Duffy and unanimously voted quote I move that the fet zoning board of appeals has the grounds to declare that a denial or approval with conditions that the application is consistent with local needs as defined in general allot chapter 40b sections 20 to 23 and 760 CMR 56 031 small a and three small a because the town subsidized housing inventory exceeds
10% further under 760 CMR 56.0 3 1 smallb and four for municipal compliance with its approved housing production plan and to provide the requisite 15-day written notice following tonight's hearing to the applicant at the executive office of Housing and living communities end quote four the board issued a letter to the applicant by mail and certified mail on October 23rd 2024 reiterating its stance the Town qualifies for Safe Harbor based on the certification issued
to eohc dated October 21 2024 or in a 2-year certification was issued based on the number of shi eligible units approved in July of 2024 this letter was provided in accordance with 760 CMR 5638 within 15 days of the opening of the local hearing and included notification to the eohc there was no record of an appeal being filed five the town of with Massachusetts housing production plan HPP report dated March 2024 referenced the substantial gap between the cost of
housing and what residents can afford six the applicant has the met the requirements to file for a comprehensive permit the applicant has one control of the land recorded deed dated May 30th 2024 two the project has been issued a project eligibility letter by the Mass housing dated September 10th 2024 and three the applicant is a nonprofit organization seven premises was part of a larger land purchase by the 300 Land Trust 300
committee Land Trust Inc which originally comprised total of 3.8 Acres fouth Housing Trust Inc acquired 1.1 Acres the Northerly portion the mass division of conservation Services acquired 2.7 Acres southernly portion the acquisition cost for the fou Housing Trust Inc was funded through the fet's affordable housing fund eight the subject site 419 walko Highway East with massach etts the premises comprises 48,8 ft in area and is cited in a single
residence a zoning District the minimum lot size is now 40,000 square ft premises has approximately 231.50 ft nine premises is cited within the walk whiteway Coastal Pond overlay district and the flood zone X property of budding the premises to the east and north are cited in the business 2 zoning District abing properties to the southeast and West are zoned single residence a the abing parcel to the
South will be preserved by the mass division of conservation Services 10 the Topography of the premises ranges from 22 ft to 32 ft sloping up generally from the north to the South 11 an approval not required plan dated March 21st 20124 the anr plan was approved by the fouth planning board and recorded in the barille County registry of De dividing the 3.8 acre parcel which extended to bournes Pond into lot one the premises comprising 1.1 acres and
lot two comprising 2.7 Acres lot two has a southerly portion which is in the natural resource protection area of critical environmental concern AC and is not part of the application for the Housing Development 12 the premises is currently improved by a single family dwelling and attached garage which has fallen into substantial disrepair a significant portion of the premise to the South is heavily vegetated 13 the existing dwelling is hold on well um that
building is since been demolished should that be noted I would agree with that down yeah it should be noticed I didn't not no it was gone I'm all over it tonight huh you are you're like I was going to tell you okay the premise is currently improved what was improved by a single family dwelling in attached garage with which had fallen into substantial disrepair and has been removed okay think they mentioned that
at the last hearing actually okay good call Mark 13 the existing dwelling we going to change 13 I'll make a motion that 13 read the existing dwelling has been demolished the the dwelling that was demolished we can write that right yeah the 48,8 feet of the premises is proposed to be divided into five single family house Lots four Lots will have Frontage on walk white Highway and one lot will be
sighted toward the South with Street Fage on the newly created accessway lot one will have 55.6 ft of Street Fage lot two will have 12.20 ft of Street Frontage lot three will have 40.652248 of Street Frontage all on Wako Highway including 95.6 7 ft of access for the new way lot five will have 54.5 3 ft of Frontage at the southernly area of the
new way proposed named to be Bigalow Landing Road the Lots will share the maintenance for the private way 13 Cape Cod burms are proposed to extend across the southernly driveway openings for Lots three and four to protect the road surface from roll off of gravel from the parking spaces in lie of an apron 14 bounds are proposed at all lot corners generally bounds will be concrete other than instances where a lot corner is in a driveway or sidewalk where the bound
will be a spike or Rod cap 15 the building lots are proposed to range in size from 6,532 Ft to 8,593 squ Ft the residential a zoning District requires 45,000 ft of area for New Lots a waiver of this zoning bylaw provision as to lot area is requested 16 the minimum front yard setback requirement of 35 ft from wcoy Highway pursuing to the zoning bylaw will be met for Lots 1 2 3 and four the street
setback requirement of 25 ft from the proposed roadway will be met for lot five 17 curb cut at wqu Highway will be sub will be subject to a Mass DOT approval for the State Road Site distance is reported to be almost 400 ft in each Direction any required clearing would be in Matt dot jurisdiction 18 the town will provide curbside trash pickup at the street Edge on the west side of the roadway as currently laid out the town will not provide snow and ice removal services
due to the lack of turnaround area requirements of section 30524 D3 this may be reconsidered in the future if there is a modification that meets DPW approval 19 The Proposal is to construct two three-bedroom homes with two bathrooms and three two-bedroom homes with 1.5 bathrooms with a Northerly four dwelling setb approximately 35 ft from aite Highway the homes will be solar and EV ready with visibility features on the
first floor homes will be tiered affordable ranging from 80% the area median Ami up to 120% AMA to Target Workforce housing the applicant estimated that 1 80% Ami unit will sell at $235,000 for the two-bedroom unit to be located on lot three and $250,000 for the 80% Ami 3bedroom unit to be located on lot one the 100% Ami 2bedroom unit will sell at
$290,000 to be located on Lot 2 the 120% Ami two-bedroom unit will sell at $340,000 to be located on Lot 4 and the 120% Ami 3bedroom unit will sell at 390,000 to be located on lot 5 Lots one and five will comprise three bedroom dwellings and lots two three and four will comprise two bedroom dwellings the proposal is for a total of 12 bedrooms 20 the proposed habitable square footage for the two bedroom
dwellings is92 Square ft 1,551 ft for the three-bedroom dwellings all units will have unfinished basements 21 lot one is proposed to comprise 7,966 ft of area lot two is proposed to comprise 7,315 ft of area lot three is proposed to comprise 679 8 ft of area lot four is proposed to comprise 8,336 ft of area lot 5 is proposed to
comprise 7,937 ft of area 22 the lighting for the development is proposed to be porch lights on each of the dwellings and at the front and rear of the dwellings no Project based lighting was proposed 23 dwellings are proposed to be heated and cooled by electric heat pumps 24 dwellings are proposed to be under 25 ft in height with the two-bedroom unit anticipated to be two stories and 23.75 ft in height and the three-bedroom units anticipated to be two stories and 24.5
ft the bylaw per permits height up to 35 ft 25 as required in the bylaw two parking spaces are shown on each lot no guest parking was identified on the plan 26 Innovative Advanced IIA septic systems are proposed and the Housing Trust anticipates an escrow fund for maintenance of the systems 27 common mailboxes proposed for the development 28 four referral reviews were received from town engineering the town did not
require a peer engineer review for this development topics reviewed included subdivision regulations definitive subdivision plan layout site plan 29 the planning board referral supported the architectural style and affordability of dwellings but commented on orientation of the dwellings landscape and walkways 30 the housing coordinator noted that two dwellings would be deed restricted at 80% Ami eligible for inclusion in the town subsidized housing inventory Shi one delling would be restricted at 100%
Ami and two dwellings will be restricted at 120% Ami fulfilling a town need 31 the Board of Health agent noted that the proposal is cited on Nitro on excuse me in a nitrogen sensitive area Coastal Pond overlay for wqu Bay the Board of Health will need to review the proposed technology for the septic systems 32 the water department and required approval for service lines including that lot five have a 2-in PE each dwelling will require an
independent Water Service application with a meter installed in the dwelling and not in the CRA in a crawl space an easement will need to be drafted to allow the water department access to flush and operate the fire hydrant on private property upon completion of installation the water department will require an as Bill prior to completion of the project 33 the fire department approved the number and location of the fire hydrant and travel path for fire apparatus 34 the town manager authorized the waiver of Permitting and development fees associated with construction of the
development 35 the applicant reported that the housing assistance Corporation has been identified as the lottery agent that financing will be through the New England fund and that Mass housing will be the monitoring agent 36 future Shed locations are identified on the site plan should homeowners choose to install in the future 37 the lot coverage by structures and lot coverage by structures Paving parking is shown on the chart zoning requirements residence A- quot unquote
ra District found on the plan quote layout site plan end quot sheet 10 of9 prepared by maril engineering dated September 4th 2024 last revision date December 16th 2024 lot coverage by structures for all five Lots is below the 20% as of right coverage by structures allowed per the zoning by law in residential a zoning District the lot coverage by structures parking Paving for all five Lots is below the 40% total lot coverage limit for the zoning by
law just go right to conditions you want to vote those or no we'll do it all one all at the end yeah yeah skip the decision in part conditions starting on page 10 G1 where this comprehensive permit is made specifically under Mass General Law chapter 40b sections 20 to 23 allowing the override of local zoning density there shall be no as ofri right changes made to the subject property any changes requested shall be properly submitted to
the zoning board of appeals as provided for under Mass General Law chapter 40b and 760 CMR 56 G2 the construction shall be substantially as shown on the plans submitted and reviewed by the board as follows definitive subdivision plan sheet one of1 dated September 4th 2024 with a final revision date of September excuse me December 16th 2024 prepared for Falmouth Housing Trust Inc PO Box 465 Falmouth Mass as drawn by meril engineering and land surve 419 rqu
Highway fouth Mass plan is stamped and signed by Diana bitri PLS drainage area sheet one of one dated July 30th 2024 with a final revision date of November 20th 2024 prepared for fou Housing Trust Inc PO Box 465 mass as drawn by maral engineering land surveyors 419 wqu Highway fouth Mass plan is not stamped or signed fir truck turning template sheet
one of one dated September 8th 2024 prepared by Falmouth Housing Trust Inc PO Box 465 Falmouth Mass as drawn by meril engineering and land surveyors 419 rayid Highway fouth Massachusetts proposed driveway site distance exhibit sheet one of one dated April 25th 2024 prepared for fouth Housing Trust Inc PO Box 465 Falmouth Mass as drawn by meril engineering land surveyors 419 W white Highway Falmouth Massachusetts layout site plan sheet one of9 dated September 4th 20124 with a
final revision date to December 16th 2024 existing conditions plan sheet 2 of n date September 4th 2024 with a final revision date of November 20th 2024 proposed Road plan and profile sheet 3 of9 dated September 4th 2024 with final uh revision date December 16th 2024 grading drainage utilities plan sheet 4 of9 dated September 4th 2024 with a final revision date of December 16th 2024 septic
systems and utilities plan sheet 5 of9 dated September 4th 2024 with a final revision date of December 16th 2024 erosion control plan sheet 6 of n dated September 4th 2024 with a final revision date of November 20th 2024 construction details sheet 7 of9 dated September 4th 2024 with a final revision date of SE November 20th 2024 construction details sheet sheet 8 of9 date September 4th 2024 construction details sheet 9 of n
dated September 4th 2024 with a final revision date of November 4 2024 prepared for Falmouth Housing Trust Inc poo box 465 Falmouth Mass is drawn by meril engineering and land surveyors 419 or qu Highway Falmouth Mass plans are stamped and signed by Deana bitri I apologize if I did not get her name right PLS and Timothy M Santos PE got that one right though elevations sheet A1 of7 dated
March 7th 2024 with a final revision date of October 16th 2024 Foundation plan and floor plan sheet .2 of 7 dated March 7th 2023 with a final revision date of October 16 2024 building details sheet 8.3 of 7 dated March 7 2023 with a final revision date of October 16th 2024 bill detail sheet A4 of 7 dated March 7 2023 with a final revision date of October 16 2024 sheathing layout sheet
A5 of 7 dated March 7 2023 with a final revision date of October 16th 2024 framing plans and building section sheet s- excuse me S1 of7 dated March 7 2023 with a final revision date of October 16 2024 lighting layouts sheet e.1 of 7 dated March 7th 2023 with a final revision date of October 16th 2024 parenthesis three-bedroom house and cover sheet a 0.0 perspective views
sheet a 0.1 floor plans sheet a1.1 exterior elevations sheet a2.1 building section SL details sheet AP 3.1 Foundation plan sl4 floor framing plans sheet s1.1 roof plan roof framing plan sheet S12 two compliance plan sheet s2.1 all plans are revised dated August 29th 2024 parenthesis two-bedroom house
prepared for Falmouth Housing Trust Inc 419 wqu Highway East Falmouth Massachusetts is drawn by Clancy construction 217 Clinton Avenue fouth Mass plans are not stamped or signed proposed Landscaping layout dated December 24th 2024 for Falmouth Housing Trust 419 walk white Highway East Falmouth Nas prepared by ly Construction Incorporated 217 Clinton Avenue Falmouth Mass G3 all storm water from the
premises shall be directed to recharge on the premises the storm water system shall be operated and maintained privately G4 the access road proposed to be called Bigalow Landing Road is a private road where there are aspects that do not comply with Town requirements the town shall pick up trash that shall not plow unless changes are made to comply with DPW requirements one thing it should say Town roadway requirements maybe yeah yeah I would agree with
that G5 uh well the other question mam chairman is not the change to comply with DPW requirements or add something or less otherwise agreed to by the town room yeah everybody's got that one yeah G5 yep G5 parking or storage of any unregistered vehicle or boat on the
premises is strictly prohibited this shall be included in the homeowners documents G6 any deviation no matter how minor from plan submitted and approved shall be submitted to the zoning board of appeals for approval prior to implementation of said change the zoning administrator may make a determination as to whether the changes are minor in nature can be approved administratively or whether they will require a public hearing for an amendment changes made prior to an approval shall be subject to a full hearing and are at risk that the zoning board of appeals may deny the
request subjecting any unproved unapproved construction to be ordered undone G7 this comprehensive permit shall be a master permit which shall sub subsume all local permits and approvals normally issued by local boards other than as specifically enumerated and a condition the Board of Health and Conservation Commission are excluded from this provision G 8 this permit shall not take effect until a copy of the decision bearing the certification of the town clerk that 20 days has elapsed after the
decision has been filed in the office of the town clerk with no appeal being filed is recorded in the barnable County registry of deeds or that an appeal has been filed within such time any per sorry I I had one for G7 to interrupt do we have to include the state on G7 don't they have to approve a driveway opening yes that comes in later later okay tell me when later and we'll we'll get in there thank you sorry about that certainly uh
continue on G8 parenthesis any person exercising rights under a duly appealed comprehensive permit does so at the risk that a court May reverse the permit and that any construction performed under the permit may be ordered undone end parenthesis G9 this permit shall lapse three years from the date on which the decision is filed in the town clerk's office if a substantial use of the comprehensive permit has not sooner commenced except for good cause as determined by the zoning board of appeals G10 the comprehensive permit
shall not be transferred without Express written approval of the zoning board of appeals in accordance with 760 CMR 56 G11 each condition in this decision shall run with a land and shall in accordance with its terms be applicable and to be binding on the applicant and the applicant successors and assigns g12 the maximum height of the single story dwelling shall mod ex seed 25 ft that needs to be amended too it's it's um it's not they're not single story dwellings they they regular
twostory so justwell of the yeah we'll just yeah just write dwellings maximum height of the dwellings shall not exceed 25 ft yeah that's good G13 construction hour shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday Saturday hours shall be limited to 8:00 a.m. to 400 p.m. no Sunday or town observe holiday hours absent an emergency all
construction vehicles shall remain strictly on the subject property and not park on a budding streets construction vehicles are prohibited from idling or near the premises outside of construction hours during construction efforts shall be undertaken to minimalize impact on a Butters including securing dumpsters stabilizing soil to guard against erosion from a rain event and ensuring that public roadways are kept clean G14 the development shall be limited to a maximum of five single family dwellings with a maximum of 12 bedrooms
two of the units shall remain in perpetuity affordable to eligible purchasers whose annual income shall not exceed 80% of the area median income as determined by the United States Department of Housing and Urban Development those two affordable dwellings shall be eligible for inclusion in the town subsidized housing inventory Shi maintained by the office of Housing and livable communities eohc additionally one dwelling unit shall remain in perpetuity affordable to eligible purchasers whose annual income shall not exceed 100% of the area median
income and two dwelling units shall remain affordable in perpetuity to eligible purchasers whose annual income shall not exceed 120% of the area median income as determined by the United States Department of Housing and Urban Development basement space may not be used as bedroom space nor May nor May any Studies Office bonus rooms or family rooms be converted to bedroom space any private non- bedroom rooms shall have a minimum of 4T wide cased opening no space may be added or converted to add
bedroom to any unit any increase in the number of bedrooms is a violation of the zoning bylaws and this comprehensive permit g15 the dwelling unit shall include an entry and first floor bathroom with a minimum 32-in doorway with to provide visitable access three bedroom homes include a first floor bedroom g16 there shall be no further deviation or subdivision of the premises or the creation of additional housing units or expansion of structures without further
approval of the zoning board of appeals in the form of an amendment to this decision I have another question do we have to put anything in here about rentals no rental I think it comes in later on does it come in there later okay I didn't remember reading it occupied as a principal residence I think okay go ahead sorry g17 to the extent permitted by law preference for the sale of 70% of the units shall be given to home buyers that are from F
that are fou residents employees of the Town employed within the town or who have children attending town schools the applicant shall work with the housing coordinator communicate with the state and shall provide the lottery information for the units G18 the affordable yearr round not seasonal family ownership units two of which shall be included in the subsidized housing inventory shall be subject to a regulatory agreement Fair marketing and income guidelines oh there it is right there the unit shall not be rented or sublet certification of compliance with affordable housing regulation shall be submitted after the
sale to the zoning board of appeals and the fouth housing coordinator this certification shall include documentation that each affordable ownership unit is occupied by a qualified owner as their primary residents the affordable units shall remain affordable in perpetuity with a use restriction recorded to the barnville County registry of deeds copi to the zoning board of appeals and housing coordinator and shall survive safe s foreclosure or bankruptcy any resale of an affordable unit shall be properly managed by an affordable housing specialist and reported in advance to the zoning board of appeals
and the town's housing coordinator and shall include the fact that any future owner is subject to all terms and conditions listed herein and is provided in the homeowner documents g19 drainage structur shall be constructed in accordance with the plans and all roof area shall be connected to the drainage structures homeowner shall be appraised of set installation maintenance and preservation of drainage structur shall be the responsibility of homeowners there shall be no plantings or visual obstruction installed that would adversely impact the line of sight
at w quite Highway G20 the applicant is a nonprofit organization eligible to organize as a limited dividend organization and shall comply with all applicable Mass housing requirements g21 the subdivision plan shall be recorded at the registry of deeds after recording new parcel identifications will be assigned by the Assessor following the new part parcel assignments addresses shall be assigned by Town engineering applicants May inquire about draft addresses this
procedure shall proceed the appli application for building permit prior to site work I have a question um in reading the description of all of the plans in G2 you noted that some of them were not stamped or signed do we have to have a requirement that final stamp sign plans be submitted or is it okay to just leave it like that how do we handle that so the um Mass state law
allows a designer to design single or two family dwellings are not required to be produced by a registered architect okay so they are not required to get those plans stamped Mark just suggested the Building Commissioner will require it for a building permit is that true uh no no but if he has some requirement structural or whatever else he's I thought they had to be stamped by an engineer and architect was structural
issues if if there's a need but nonetheless I would leave that up to the billing commissioner that's not something that the Zoning Board needs all right I just want to know what that means not stamp and sign because it sounds a little squishy to me but that's well nothing's going to you you do periodically get plans submitted to you that are drawn by a registered architect and registered Architects stamp their plans because they're telling you that they they drew those plans and that
they're protected if a designer produces plans they typically note that they've authored them but they're not stamped because typically the designer doesn't have any certifications stamped okay all right thank you I'm going to survive the inspection process anyway with their substandard okay that's fine go ahead everybody's good we're at S6 S1 S1 sorry prior to
site work S1 the town has wave permitting and development fees associated with construction waterline PL shall be submitted according to town excuse me according to specifications of the water superintendent each unit shall have a dedicated Water Service to Department specifications the applicant has stated that this is a private road as such water lines beyond the road shall be the responsibility of the home homeowners any required utility easement shall be in a form and manner as prescribed by the town plans shall show the location of septic components and
Water Service all plans shall State quote all standards policies construction practices or rules and regulations of the fouth water department shall be adhered to throughout the duration of this of the project S2 prior to starting work under the comprehensive permit the applicant the general contractor and any necessary subcontractors shall hold a pre-construction meeting with the Building Commissioner representative of the Department of Public Works engineering division zoning administrator water superintendent Board of Health agent found with fire and found with police to review soil erosion
sediment controls inspection requirements and procedures review of conditions construction traffic traffic management General project schedule building permit submission requirements Street opening permit requirements npdes Construction general permit requirements work hours and any other pertinent information S3 the applicant shall meet with the Police Department to determine when if police details would be required all police details required by the fouth police department are per the
applicant's own choice shall be paid for by the applicant or as determined by the town manager S4 construction shall be in accordance with all requirements of town engineering including the town's 2019 soil erosion and sediment control standard conditions which document is a fix herein as appendix a all uncontaminated storm water runoff shall be directed to recharge within the the premises no increase in storm water runoff from the premises is allowed engineering sign off is required prior to site
disturbance and the issuance of any building permit for this project inspections referenced in the soil erosion and sediment control standard conditions or others as directed by Town engineering shall be performed by Town engineering erosion and sediment control shall be installed inspected and maintained in good condition at all times failure to maintain adequate erosion and sediment control on site will be grounded for stopping all construction activities until the issue is addressed S5 engineering noted that work within the state's Road layout would require
permitting with the state the applicant shall follow the state requirements and shall properly And Timely complete the work as permited if the applicant intends to request the town to consider accepting the Private Road in the future the applicant shall comply with the town's requirements related to construction and inspections S6 the applicant shall have the surveyor stake the limit of work and certifi that it is correct where the proposed disturbance is just under an acre which is the threshold that triggers the town storm water regulation
and EPA Construction general permit S7 construction of the roadway shall follow article 7 construction requirements of the town's subdivision regulations and details on the approved plans the town's Department of Public Works engineering division will perform the required inspections outlined in section 30542 at no point shall the contractor construct on a road surface that was not inspected and approved copies of inspection report shall be submitted to the board and Engineering for their
record the applicant shall request inspections and writing to the engineering division a minimum of 24 hours in advance the applicant shall retain an engineer or surveyor to provide an as-built plan and certification of the road and utilities as described in section 305-424-9550 S8 with a proposed site disturbance close to the 1 acre Federal and town threshold prior to site disturbance the
limit of all construction work should be delineated in the field and certified by a surveyor to be inspected by the engineering division the limit of work shall remain in place until the end of construction any damage to the limit of work shall be immediately be repaired to avoid exceeding the 1 acre EPA Construction general permit and town stormw water permit threshold S9 the applicant shall provide to the police Building Department emergency and Zoning Board of Appeals the name and phone number and email address of a project contact individual for the
duration of the construction process to ensure that any questions or concerns including those of a Butters and residence are timely managed S10 mature trees particularly those proximate to lot line shall be maintained to the extent possible trees straddling the property line shall be assumed to be jointly owned and cannot be damaged or removed without prior written approval of both parties the limit of work line shall be installed and inspected prior to site disturbance and may include adjusting the limit of work to protect root systems of trees
under the premises you need a break talk for Living Well to S1 the applicant shall conform the uh the proposed mailbox locate shall confirm excuse me uh the proposed mailbox location with the US Postal Service prior to building permit uh looks like we need to rename or renumber because B1 has been completely
redlined so it will be it's these will all be appropriately renumbered it's listed currently as B2 the fire hydrant shall be cited and approved by the fire department B3 the developer shall comply with all water superintendent requirements regarding water lines and the hydrant as shown on the plan on the site plan prior to the issuance of building permits the applicant shall conduct the hydrant flow test to determine available flow and pressure to fight a fire and provide the results to the water superintendent and fire chief
the applicant shall provide an easement for the water main extension in a form approved by the town the tap and sleeve assembly shall be inspected including pressure testing chlorinating and sampling the developer shall provide and as built to the water superintendent upon completion before before the certified plot plan stamped by a licensed surveyor shall be provided to engineering and the Building Commissioner for review and approval prior to the application for a building permit at a minimum the plan shall show The Following lot Dimensions driveway limits of pavement parking
stall locations and dimensions limits of sidewalk building locations Dimension building Footprints matching the architectural plan Dimensions closest distance to nearest property line from each building locations of drainage structures including limits of infiltration areas hydrant location storm water pipe locations and invert elevations drainage structure rim and elevations depth width and length of stone infiltration beds including roof infiltration areas fencing sidelighting and limits of work which shall also be
demarcated in the field this plan Shall Serve as the base for an asilt plan of the project upon completion prior to occupancy purpose the applicant shall install a town approved street sign at the intersection of Bigalow Landing Road and walko Highway if required by the Massachusetts Department of Transportation a street light and stop sign shall be installed at the intersection of Bigalow Landing Road and walk white Highway O2 engineering will assign
addresses which shall be properly posted in compliance with Section 991 a fixing of legible numbers required prior to the issuance of a certificate of occupancy 03 the final Lottery agent Lottery plan and marketing plan shall be submitted to the zoning board of appeals and the housing coordinator prior to the issuance of a certificate of occupancy 03 Landscaping shall be installed per plans submitted to the zoning board of appeals any material substantially
diseased or dead shall be removed and replaced with similar siiz plants within 2 years of the final certificate of occupancy the Landscaping shall not impede site distance at walk white Highway 04 the final certificate of occupancy shall not be issued until all required site work including Landscaping drainage or other improvements in installation of monuments are completed the developer May request that the zba consider a bond for the value of incomplete work to ensure that work is completed in accordance with plans 05
any drainage to walk quite Highway during the construction process what it's damage not drainage sorry sorry any damage to walk quite Highway during the construction process shall be repaired to State Standards at the expense of the applicant thank you Frank 06 prior to the issuance of any certificate of occupancy the applicant shall enter into a monitoring agreement to be reviewed by Town Council all costs associated with the monitoring shall be
borne by the applicant until the sale of the last affordable unit and thereafter by the sellers of the affordable units a copy of all financial information by the monitoring agent shall be provided to the zoning board of appeals and the housing coordinator after the initial round of sales 07 all dwellings shall have the same exterior appearance and construction quality and be in conformance with the approved plans the dwelling shall be solar and Eevee ready 08 a certified as built plan shall
be provided to the zba and Engineering for review for conformance to the approved plans prior to certificate of occupancy the plan shall be an overlay on the plan described in condition number B4 b45 B5 uh it would be B3 B3 now that we have renumbered the plan shall be an overlay on the plan described in condition B3 any deviations from the approved plan shall be clearly
shown in red line over the base plan which should be faded back for clarity the as built shall be certified by both a licensed surveyor and registered engineer that work was performed in conformance with the approved plans and all permits the Building Commissioner shall review and approve this plan and confirm that this plan includes the required information and certifications no certificate of OCC Cy shall be issued until the asilt plan is approved 09 dark sky compliant lighting
shall be provided at door uh dwelling doorways spotlights are prohibited this shall be included in the homeowners documents 010 the applicant is required to provide one a regulatory agreement and Declaration of restrictive covenants for ownership project two an affordable housing D writer specifying that affordable units shall remain affordable in perpetuity and three a declaration of trust for the homeowners association if applicable these Collective documents shall be provided to the zoning board of appeals for review by Town Council prior
to the issuance of any occupancy permit and subsequently recorded at the barnville County registry of deeds a recorded copy shall be filed with the zoning board of appeals and the town's housing coordinator the applicant as a nonprofit corporation is limited in profits under Mass General Law chapter 40b and any excess profits shall be paid by the applicant and distributed as required by the St subsidizing agency in accordance with applicable law regulations and guidelines I have a question um the affordable housing deed
writer specifying that affordable unit shall remain affordable in perpetuity do we add in there and they shall survive bankruptcy and foreclosures and all that other stuff is in in a form yes in a form that will surv absolutely okay all right to continue waivers waivers W1 any waiver not specifically granted herein is denied the proposal does not
comply with certain provisions of the filet zoning bylaw and subdivision regulation Provisions as provided for in chapter 40b the applicant has requested the following waivers from these Provisions to which it does not comply W2 the waiver from section 240- 111.2 B the requirement for a minimum lot width of 150 ft in the residential a ra zoning District W3 the waiver from section 24011 2B the requirement for a minimum
lot area of 45,000 Square ft in the ra zoning District W4 the waiver from section 240- 111.2 B the requirement for a minimum Frontage of 100 ft W5 the waiver from section 24014 landscape requirements w six the waiver from chapter 30530 37 and 40 sidewalks grass plots and Street trees W7 the waiver from
chapter 30534 street lights W8 the waiver from chapter 305-38 B monuments W9 the waiver from chapter 30524 D3 T turnarounds W10 the waiver from chapter 30536 G catch leaching basins one note from Mr Duffy on page 13
G G18 is where we reference that uh they'll survive fine it's in there foreclosure bankruptcy all right thank you very much so you ready for some motions M yes chairman um I move that the board approve approve the findings designated as presented um being paragraphs 1
through 37 with the Amendments as presented at this hearing and agreed to by consensus of the board you want to moot vote on each section yes I'll second any that's way we've done in the past we go through we second right Motion in a second on findings all those in favor I I opposed none you going to keep going yep keep
going I move that this board approve the general conditions as presented designated G1 uh row G 21 with the Amendments as presented at this hearing and agreed to by consensus of the board second we have a motion
this second second I second my yeah I'll second you made the motion Jim second all those in favor my voice droing on it's confusing it's a here right we did g so now we're down a prior to site work so I move that this board approve the conditions designated prior to site work and designated S1 through S 11 11 uh with any
amendments as presented at this hearing and agreed to by consensus of the board second we have a motion in the second all those in favor I I oppose none you're on a roll Frank now we're at conditions designated prior to building permit I move that this board approve the conditions Prior to building permit uh as presented and now number one B1
through3 with any amendments as presented at this hearing and agreed to by consensus of the board second we have a motion in a second all those in favor I oppose none now we're at conditions designated prior to occupancy permit I move that this board approved the conditions designated prior to occupancy permit as presented um with any condition with any
amendments uh presented to the board and agreed to by consensus designated 01 through 010 10 yeah second all those in favor I oppose none now we're at waivers I move that this board appr approve the waivers as requested and as presented uh and there are no changes 1 through 7 through seven W 1
through 1 through 10 10 10 one 10 yes I'll second all those in favor I I oppose none wrap it up Jim Jim can wrap it uh I make a motion to approve to Grant a comprehensive permit with the for mention findings and conditions just voted on by the board for the construction of five home five home ownership dwellings three of which shall be two bedroom units and two of which
shall be three-bedroom units one two-bedroom unit and one three-bedroom unit shall be affordable in perpetuity to households whose income is not more than 80% of the area median income one two-bedroom unit shall be affordable in perpetuity to households whose income is not more than 100% of the area median income in one two-bedroom unit and one three-bedroom unit shall be affordable in perpetuity to households whose income is not more than 120% of the area median income as determined by Hud and the eohc
at 419 walk white Highway East elmou Massachusetts assessors map 30 section 1 parcel 004 lot 0000 collectively the premises and subject to as indicated the following conditions second findings second we have a motion in a second all those in favor I I opposed none thank you sir very
good everyone at home is applauding you you just can't hear them I can hear them I just say mam chairman to the applicant thank you for your patience of the board thank you for your help and hopefully this time next year we will have people in those houses great all right so minutes next meeting gotta zoney administrator
updates another fine job I'll I'll say that thank you under updates that was really good I mean I had to like search for something and I did no that was really a great job for discussion the uh the narrator needs bigger print time luckily he still so young um any other board discussion
board updates future agenda items look at us our next meeting everybody's happy yeah our next meeting is February 13th at 6th back motion to adjourn Frank second and all those in favor I at 7:30
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