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by FCTV. If there's any private party recording this hearing, step up to the podium and request permission. I'll introduce the board. On my far right is Mark Finan and then Scott Peterson. This is Frank Duffy, our clerk. My name is Suzanne Murphy, the
chair. To my left is James Moss, the vice chair. And on my far left is uh Noren Stockman, our zoning administrator, and Ashley Dlo, the office assistant. The zoning board of appeals is charged with applying the state zoning statutes as well as the town zoning bylaws and reviewing and
voting on applications. 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 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 ex extended by a vote of the board. Three, the board will then question the applicant. Four. Next, the
public will be invited to comment. Comment should be limited to two minutes and be strictly related to the proposal. All members of the public wishing to speak should be wait to be recognized by the chair and should come to the podium. State your name and address for the record. Speak into the mic. It will not amplify your voice and record audio for
FCTV viewers. And before we start, we have a time if anyone wants to make a public comment on anything that's not on our agenda. You're welcome to come up and speak your mind. No takers. All right, let's carry on then. First on the agenda, we have a
request for a continue. Is it a continuation? A withdrawal. Request for a withdrawal. >> Chairman, I'll make a motion that we allow application 64-25 remain 45 Toby Lane to withdraw without prejudice. Second. >> We have a motion and a second. Any
discussion? >> All those in favor? I >> oppose? None. Next hearing is 06825212 sitters pawn rod siders pawn road felmouth Edwards
this is application number 68 of the year two 2025 Michael T and Kira G Edwards uh have applied to the zoning board of appeals for a special permit pursuant to sections 24 uh 240 10.2A 2A of the
zoning bylaw to add a second floor loft and attach shed to the existing non-conforming detached garage. The subject property is located at 212 Sitters Pond Road in Falma. The zoning district here is GR which is stands for general residence.
Um the property is partially in a historic district. There's no applicable flood zone. There are no previous decisions of the board of appeals so noted in the file. The lot is 23,16 square feet in a zoning district which currently requires a minimum of 20,000
square feet. So it's a conforming lot. The frontage is 110.16 ft in a zoning district which requires 100 ft. So it's conforming. Sitters Pond Road is a public right of way at this particular location. The lot coverage by structure existing 11%.
Uh it will be increased to 11.8% by the proposed addition and work. The limit is 20, so it's within that limit. Lot coverage by structure, parking, and paving is currently 25.3% will be increased to 26.2%. In a GR district, the lot coverage by
parking, paving, and structure is 50%. So, it's within the limits of the zoning bylaw. The house on the property is conforming to zoning. It's the garage that is non-conforming. It is non-conforming because it's in the front yard and also it's 27.5 ft from the
street where it's required to be 50. Um, we have a note that the proposed height of the of the garage will be 20t 8 in plus a cupula. 35 ft is the limit of the zoning bylaw. We have referrals from engineering. They require that there be
conditions in the decision for storm water runoff that it be contained on the lot and also for erosion and sediment control. Uh, the board of health has no comment because there's no septic system required for the work. Conservation, no comment. water department says that if
there is to be a water service here, it needs to be a separate water service from the house. Um, and we have no letters either in support or in opposition. >> Good evening, Madam Chair, members of the board. Uh, for the record, my name is Kevin Clower. I'm an attorney here in
town and I'm representing Mike and Kira Edwards, the owners of 212 Sitters Pond Road, who are both here with us this evening. They're seeking permission to alter the existing non-conforming accessory structure on the property. 212 Citus Pond is um located in a residential neighborhood just outside of
downtown. At the risk of repeating myself, it really is a lovely neighborhood and a lovely area of town. Uh this particular lot is is just over 23,000 square ft. As Mr. Duffy noted, it is within the general residents zoning district. It is not in a flood zone. And
while a portion of the lot is within a historic district, this accessory structure is not. So, presently, this lot contains a three-bedroom single family dwelling with a detached garage and uh sheds. Total footprint is just over 2500 square ft, which is 11% lot coverage by
structure. Uh the primary dwelling is entirely conforming to setbacks and lock coverage requirements. It is the garage alone that is non-conforming as it is an accessory structure located in the front yard. uh and it is 27.5 ft from the road. While accessory structures may be
allowed in the front yard by special permit, they're required to be uh set back 50 ft from the road layout. So because of that, the garage as it exists as a pre-existing non-conforming structure and any alteration there too requires a special permit. Uh the existing rich out of the garage is also
18 ft. So the applicants have owned this property for 12 years. Um they have three children who are spread out across three schools. They might be some of the most active kids you'll ever meet and they are part of the rationale for this project. Uh Mike and Kira are both active in the community. Uh Kira is actually uh from Felmouth. She's a
Fmouth High graduate and is a local pediatrician. Mike works in uh insurance. They both volunteers and volunteer in the schools and and youth sports. Mike has coached uh at least uh three of my children on at least three different seasons.
So, the Edwards are requesting um to alter the existing non-conforming garage by adding a second floor which will be used for storage and also as recreation space for the children. It's not a bedroom. It is open to the garage below uh lacking privacy and there's no water service to the garage. The footprint of
the garage is slightly expanded by 197 square ft and part of that is the addition of an attached shed to the garage as well as a small covered patio in the area nearest the dwelling. There are no proposed changes to the primary dwelling. The proposal does not affect any existing non-conforming setbacks nor
create any new non-conformities and there's no change to the bedroom count. The proposed ridge height here will be 20'9 in which is below the 22 ft allowed for accessory structures. However, due to the fact this is an existing non-conforming structure, it does require a special permit pursuant
to 240 10.2A. That section holds that pre-existing non-conforming structures may be changed by special permit provided they're not substantially more detrimental than what exists. The board is asked to consider the standards of 2412.1E and whether or not the alteration creates any new dimensional
non-conformities, compares views and vistas and reasonably conforms to the neighborhood. In this case, there's no new law uh non-conformity created. There's no effect on the views and vistas from the public ways and it is consistent with the neighborhood. To the extent there's an expansion of this garage, it's in the area away from the
street to the I guess that we'll call the left and and up. Um there's no change to the front yard setback which remain 27 1/2 ft. The sideyard setbacks will remain conforming. Uh to the southeast it's 10.7 ft. To the northeast it's uh 67.8
ft. The rear yard setback will remain conforming at 118 ft. The lock coverage by structure will slightly increase to 11.8% 8% which is well below the 20% allowed by right and the lock coverage by structured paving and parking will also slightly increase to 26.2 which is
just over half of what's allowed in the general residence district at 50%. This meets the standards of 240 12.1E as well. The site's adequate and suitable for the proposal to use in the same manner as it present. There's no increase in bedrooms. There's no impact on traffic flow and safety and no
there's no change in the present intensity of use. There's no adverse impacts on the views and vistas from the public ways. There's no change in wastewater requirements and there's adequate utility servicing the property. There's no adverse effect on public services or the supply of affordable housing.
This project as proposed represents an improvement for the owners adding useful space for storage and removing active children from underfoot. There's no new dimensional non-conformity, no change to the existing nonconformity. And this meets all the requirements of 240 10.2A 2A and 242.1E.
For those reasons, I would ask that you grant the special permit, but I'd be happy to address any questions that you might have at this time. Do >> you want to start off? >> I um you use the uh soon as I pulled in the driveway on Saturday,
uh a word came to my mind and it's the adjective you use twice, active. Um, obviously they uh can use this and I I see nothing wrong with it and the dog was extremely friendly. I mean
I can't find anything uh remotely uh out of place here. Uh have my blessing. >> Okay. Be a great dog to be friendly with you. >> Uh he wasn't wearing his postal carry. Is that okay?
>> Uh just one means of egress and >> um so there's it's not it's it's not required to have a second means of egress and if the building department comes back and says we do we have more than enough space to accommodate that. Um but I talked with Chris Harris the architect and he said this meets all the
code requirements for what's being proposed. >> No I mean it's a greatl looking addition. You kind of would think a little bit more longer term maybe they might want to do some other things but they're they're happy. I'm happy to Mark's point. It's It's very nice set of steps would get in the way of the
outfield. >> No. Very good. Thank you, Attorney Crow. >> Frank, >> I have no questions at this time. It looks like an appropriate project to me. >> I have one. Why aren't they putting water in it? >> There is no there's no water service
there right now. Um they're not proposing to they're they're not looking to undertake the infrastructure to to put the water in or to put in the bathroom or anything. And if some point >> keep running in the house to get stuff done, >> but if at some point if they decide to, we can always come back to the board and do that either administratively or
through the through a hearing if need be. >> Thought I'd ask. >> Uh no questions for the applicants. Obviously lot suitable and only the question to the clerk. I didn't see any opposition. Just want to verify for the record. >> I didn't see any either.
>> I have no questions. Thank you. >> Anybody else have any followup? Marine, you good? >> Anybody from the public want to comment on this? Come on up. Don't be shy. Come on. >> All right. Anything? >> We're good. >> I would motion to close.
>> Second. >> We have a motion to close in a second. Any further discussion? All those in favor? I oppose? None. >> Scott, that's you. >> Okay. Motion to approve with conditions. >> Second. >> We have a motion and a second. Any further discussion?
>> All those in favor? >> Binding. Sorry, Frank. And we're making findings >> under section 240 10.2A of the FA zoning bylaw. It permits alterations to non-conforming single family dwellings including ex structures that are accessory there too. So that's the
appropriate uh section of the bylaw. The a special permit may be granted provided the change will not be substantially more detrimental to the neighborhood than the existing situation. And we so find the criteria for a special permit under 2412.E
of the FAZA zoning bylaw. The proposed use will not have an adverse effect that overbalances its beneficial effects on the neighborhood or the town in view of the particular characteristics of the site and that it's in harmony with the general purposes and intent of the zoning bylaw. We make the following
findings that the proposed use is adequate. The site is adequate for the proposed use. The site is suitable for the proposed use. There's no negative impact on traffic flow and safety. There's no negative impact on neighborhood visual visual characteristics, views, or vistas.
There's adequate sewage disposal. There's adequate utilities. And this project will not affect the supply of affordable housing in the town. Now conditions >> conditions
>> per plans >> for any board referrals >> any yeah per plans I was ab for the construction um we didn't even ask about letter did we >> I didn't I don't see any evidence that
there was any >> it is reflected on the plan so I think just including plan so we'll get under peroons. >> Yeah, >> yeah. Um >> Loren, anything? >> Um I guess the only
comment I would have is um we didn't specifically get anything from engineering on it, but their property rolls into the town's road layout, which is prior to the paved area. So the area
between their actual lot line And the road layout, anything planted in that area should be effectively like grass or something low just so that you know there's not ever like bushes or something put there that could
effectively um affect somebody's view. I >> think we're all set, right? You guys ready to vote? >> Yes. So, it's motion second. All those in favor? >> I oppose. None.
>> Thank you very much. We appreciate your time this evening. >> Enjoy. >> All right. Next up, we have um 07125 fashion food. >> I'm recusing myself from this care hearing. >> Our clerk is recusing. >> I just ask the applicant because we only
have four members if they want to. Okay. Um, next up we have application 071-25 Fashion Food LLC 66 Pawnside Circle, Centerville, Mass, having applied to the zoning board of appeals for a special permit pursuant to sections 240-6.2B
of the Code of Falmouth to allow a fast food class 4 restaurant with drive-in. Subject property is at 0 lot 001B, Worcester Court, Felmouth, Massachusetts, being map 39, section 15, parcel 048, lot 001B.
>> Are you going to inform or or shall I? >> Do you want to ask? I'm sorry. >> It's a fourman board tonight. >> Yes, I see that. And of course, that gives me some concern even with a five member board. I was um uh going to just point out that for a special permit u
affirmative vote of five members of the entire seven member board is required. Um >> now four members is a quorum. I think you have a quorum tonight. Um but the only way the project could really be uh
voted on would be if members who are not present uh tonight um review the uh minutes and the tape and feel that they can um can can vote. Um so I do have concerns about it. I'm
concerned about um starting with a six member board maximum because of Mr. Duffy's recusal, but that's what we have. So just as a clarification, special permit the requirement, we're a five member board with two associate
members. So a special permit >> require Sure Sure. requires four >> out of five. >> You're right. Absolutely right. Thank you. >> You know what we would suggest is that if it's up to you, but that you may want to go ahead and open tonight and that the members that are absent would review
the material and proceed with um a Mullen disclosure. Well, thank you. That's you're absolutely correct that um with a five member board, we need four, not not the five that would be like at the planning board with seven. So, I think we should proceed. This is a U
request for a >> Jim's going to open up if that's okay. >> Yeah, I've got a few other just read. I think Mr. Fer has a question. >> Um well, I was just going to point out that uh there's no way we could vote on this this evening because there's more than a small amount of information Yeah,
the lacking >> the planning board hasn't continued already. >> And uh I mean the engineering needs some pointed out some u >> Yeah. >> You know, some serious uh >> so it's good to open. >> Yeah. Yeah. >> And uh that's about as far as Yeah. Anyway, I just want to point that out.
Go ahead. >> The subject lies in uh a B2 zoning district. Uh it is in the Little Pond Coastal Pond overlay district. One, two, three, four previous decisions uh from the zoning board of appeals affecting this property. Lot size is 41,33
square ft. What is proposed is a singlestory building with a ridge height of 18t 7 in total area of 2,819 square ft. Uh parking in the front yard. Uh we've received referrals from the
board of health. They had no comments. It is currently on sewer. Uh there is a flow neutral variance previously approved by the his board of selectmen. Uh conservation had no comment. water department commented that if approved it will require three water services
uh for fire and otherwise uh there was some site plan review. There was a storm water uh a traffic report submitted to the application by uh DHB. We have uh some referrals from
let's see planning board has started a site plan review. Trying to see what my other notes >> and they're doing two special permits too. >> Correct. >> The planet board. >> So, as your acting clerk, that's always able to do in the
>> He was he was notified quickly tonight. >> Thank you for your for the record. I'm Bob Ahmed of Felmouth attorney and I represent the applicant Fashion Foods LLC, a Massachusetts limited liability company. As uh Mr. Finan has already suggested there's a lot going on with
this uh uh project even though it's not the biggest project uh one could imagine. Um and um I will try to uh um make my presentation fairly quickly. Uh but um I'd also like you to hear from uh
Raul Lazardi Rivera who is here the um engineer from Randy Hart the traffic engineer with VHB and the principles of fashion food who are here uh Terry Smiley and Usama Alshawari
um managers and Josh Lavine the chief financial officer um they may have something to say. Also present tonight is the owner of the property, uh, Sharon Mueller, who is right behind me. Sharon and her late husband bought the property
in 1984. Um, owned it for over 40 years. Uh, before they bought it, it was a um, car wash. It's been used over the years from time to time uh, for parking and for
automobile sales. It was leased to one of the nearby um automobile uh dealerships for a a period of time and they displayed cars there, but it hasn't been generally used for parking um in at least the last few years. Um and it is
mostly paved. Um so I want to tell you a bit about the neighborhood. Um the property is zoned uh business 2. The map in front of you is the town's uh zoning map. This is
right in the middle of this area is the subject property at the corner of Worcester Court and Spring Bars Road. Um, and it's almost um midway between the
Falmouth Plaza and the Felmouth Mall, the two largest um shopping centers in Felmouth besides Main Street downtown of course. And it's also abudded by Lightnustrial A property. Um, now that's become the site of multifamily housing
in a 40B project uh completed a few years ago. um operated by the Felmouth Housing Corporation. Farther down is a commercial property that includes apartments above retail stores with with a um bowling alley I like very much in
the basement. Um the nearest residentially zoned property um is um where Kendall Lane has been constructed. Another 40B project and that's about um 700 ft away from the um
property line. And between this corner property and the residential zone, there are uh two motor vehicle repair shops, including immediately abuing the uh property. A very large building uh not
very old um that houses FW's plumbing supply places. That's a large building. And one of the interesting things I noted about it that it's got large areas of red red walls um that really reminded
me of the uh Wendy's logo with their red color that's that's proposed. Um so although there are residential uh zones uh nearby and single family residences nearby, this is very much um a business
property adjacent to um um a nearby um other uses like the large cappies and over here a um the O'Hara um car dealership and repair and service
area and uh right across the street is a service uh credit union service federal credit union bank with a drive-thru. Okay. Um, a fast food restaurant with a drive-thru
is allowed in the business 2 district, which again, this is um by special permit. And it's allowed in only the business two district in town. You can't have it in business three. You can't have it in business one. It's only
allowed in um in business two. And uh we think properly designed, it's a use that the town allows uh to be approved and uh this is a good site for it. In fact, we think better than sites would be if it
was uh um on Route 28. Um in terms of traffic generation and the like, um that might create some problems for the U operator. Not as much visibility, but it is actually a pretty good location. Um, and it's what's
available for this use in Felmouth. Um, so I've told you a bit about the site. I'm going to show you um briefly an aerial photograph. This shows it again. It shows the um adjacent
car repair facility which um has cars all around the building. As you can see in this photo, um you can see all of the cars that are out um around the um O'Hare dealership. And I think these
are important to say if you're at this corner, it people have called it well, it's a gateway to residential areas. Well, it's a place you pass on the way to residential areas some distance away, but it's smack in the business district.
And before you get to those residences, you're going to pass the website. You're going to pass the back of the Felmouth Plaza. You're going to pass the um business properties on um Spring Bars Road, the site with a large tower uh
radio tower, the entrance to the Felmouth uh mall. Um this is certainly not a single family residential area or immediately adjacent u uh to that. It is next to what has become housing and uh
we're going to uh have some suggestions about how to minimize the impacts on that 40B um project. This is the uh site plan. Now, in addition to a special permit from the
board of appeals, uh we need site plan review from the planning board, which will review all of those comments by the engineering department. Um and we also have applied for two a special permit for two different um aspects of the plan
from the planning board which is the special permit granting authority to allow parking in the front yard and to allow parking to be within 5 ft of a property line. And I will come back if you wish and mention uh each of those
things, but those are planning board um special permits uh for those two things. And we had our first meeting both for site plan review and um the special permits with the planning board two nights ago. We had a a lengthy meeting,
a lot of discussion. I thought it was very productive. Uh there were a lot of comments from neighbors, a lot of concerns were raised and just in the uh two days we've had since then, we've done a lot of work to try to um address
those uh concerns. And I'll mention um some of that shortly. Um but it's a it's good a good um process and involved in that is not only addressing neighbors concerns but addressing the engineering department's concerns and making ch
changes to the plans where appropriate and um um Capen Islands Engineering has already uh produced a lot of that material to uh respond to the the town. So, we'll be submitting some revised plans uh to the
uh planning board and to the board of appeals. Uh the planning board hearing was continued until December 9th. So, um keep that in mind when you come to a continuation uh date. Now the proposed U
Wendy's uh and Raul uh and um Randy Hart can discuss the circulation a bit and I'll try to finish up my presentation quickly. Um this building is 6.9% lot coverage. 20%
is allowed by right in the Mr. Cod district. This is Mr. Cod district. The town included it um when um the Mr. COD district was established a couple years ago. Um, and if it weren't a uh if it
were not a Mr. Cod project, and this is not, 40% lot coverage by building is loaded. We're at 6.9%. This is not not a big building. The height of the proposed building as as um Mr. Morris mentioned is 18 feet 7
in. As you know, 35 feet is uh the allowed height. This is not a a very large building at all. Um we proposed um to have 36 seats in the restaurant um
inside and in a for fast food restaurant, our zoning bylaw requires one space per seat, which is actually much more than is needed for a fast food restaurant usually. Um, but we are
showing 39 spaces. We're showing a patio outside the building which we'd like to be able to use and have people sit there when the weather is uh nice. Um, the plan shows, I think I recall, 20 seats
outside, but we don't want to provide 56 parking spaces. That's not the way the restaurant will work. When people are outside, they won't be inside. And we'd be happy with a condition that says there can never be more than the number of part of seats available that matches the number of parking spaces which would
be 39. That is spaces inside will be um roped off unavailable uh for patrons if the um seating is available on the outside patio. Um
now for a um special permit as you know board of appeals has to consider various criteria and come to the conclusion that the um um there are not adverse impacts that outweigh the positive impacts. Um
as I said it's a in terms of size of the site it's more than adequate. um building is small. We don't exceed the 70% lot coverage that's um allowed in the district. There's a good traffic
circulation on uh site and the drive-thru requirements are met in terms of of queuing space around the building in this area. Um it's on the town sewer and the
selectman as Mr. more said have approved um in 2000 when we first started thinking about this use for the site of a 50 seat restaurant that is enough sewage flow
for 50 seats 1,000 gallons per day at 39 you only need 780 gallons per day so we already have that that approval from the select select board I think one of the interesting things about this site is that a fair amount of the business property along Main Street in town is
actually in um a flood zone. This property is 10 ft above the the elevation, 10 ft above the uh flood elevation. You can see that's because of the considerable rise between the adjacent uh uh little pond uh housing
project. We're at about 22 ft. The flood elevation is at 12. Um, in terms of views and vistas, right now we have a uh just a an open lot of pavement and we
think that uh this site will be nicely landscaped as seen from the street and um will be an improvement, but it's consistent with the character in the of the neighborhood with many uh much
larger uh flat roof buildings. Now, when we um one of the concerns that uh were raised at the planning board hearing was the design of the building um and Wendy's has a typical uh design has a flat roof and we showed uh pictures and
we've submitted to you uh building drawings. However, one of the things we've done is um um gotten from Wendy's a um a plan of a Cape style architect uh
architectural uh design. So, that's also a change we will make with revised plans. Um and here's a picture of that. just we can probably even improve on this, but it is uh not the flat roof building that
um that's shown on the plans that we we filed with the application. Um I just want to mention uh some of the other changes that we're working on. Um as I said, we're going to address all of
those engineering uh comments. Uh there are a few we don't u a agree with and we'll explain um that those differences but for the most part we can satisfy the engineering um
department and uh we're considering um more landscaping improvements um um some substantial screening between the proposed um
loading area that is the this is where we have the 14x45 ft parking area for delivery vehicles as required. So in this area between the housing which is actually 70 ft away from the property line 135 ft away from the uh order box
about 220 ft away from the um pickup window at its for the the one closest apartment but we will put um arborite or other um fast growing um evergreens along this property line. We're also
going to propose um a hedge um along the parkinguh probably along um this driveway as well um for more of a buffer between the uh driveway and parking and the and the
streets. Um, I know that there have been some discussions with the owner of the uh budding property, the uh car repair facility. That building is quite close to the property line.
There's a fence that already exists that runs from the uh northeast corner to the property line. It's in this area. And we will offer to extend fencing um either using that or replacing it and
have fencing that's uh satisfactory to the butter that could extend uh past the building and and towards the street. So, we are going to work on having fencing because of the concern that um the Wendy's might have
adverse impacts on the uh motor vehicle repair um facility. Uh we will uh to address concerns about uh the intersection and traffic safety.
We propose to have um flashing um stop signs like have been installed at Dillingham Avenue and Gford Street. um that will probably get be get people's attention better than the uh red light
red beacon flashing beacon that's been installed quite high above the street. Um there was concerns raised about the impact of having a restaurant with exhaust uh fumes
um fairly near uh the residences. And we are going to um use filtering that's been approved in other Wendy's called captive air filters which we think will have a big impact on that. The bank
across the street had some concern about um the proposed driveway leaving the site across Spring Bars Road from their facility, their their curb cut. Um and suggested either
that we not have a curb cut or that it be right turn only. Uh well, it isn't reasonable to think that there can't be a um curb cut on this property 170 ft from the intersection. And I've always
thought that good planning was to have curb cuts right across the street from um a curb cut on the other side. Um in any case, um we will consider having this be a right turn only. It is only an
exit. It's no entrance from Spring Bars Road. Um, with the exception that we do have to have that curb cut available for the large delivery trucks and trash trucks to be able to uh leave the site.
Uh, but with proper signage, the number of people turning left there will be um will be quite small. Now I'd like to ask if um you'd hear from Raul Nazari Rivera. >> Sounds good.
>> Thank you. [Music] >> Thank you, Bob. Um for the record, Rowi Sardi from Capen Islands Engineering. Um were the engineers and land surveyors for for the applicant and who prepared the the site plans for for this project
and this application. Um Bob practically um described the whole project but I'll just go briefly um starting with the existing condition and I'm using the second sheet of the site plans um to describe the existing condition. Um so
currently the site is a paved lot. Um roughly 26,767 square feet of the property is occupied by pavement. Um, currently there is only one curb cut at this location off of Worcester Court on the southwest corner of the property.
That paved curb cut is approximately 32t wide. Um, and there is um no on-site drainage capturing devices or um management systems. So currently the site um has a gentle slope from the west
to east. So the pavement slows from the Worester Court side of the property um towards the back or eastern side of the property. Um water does puddle at this location. Ex um some of the extreme storm water um that puddle becomes big
enough that water um flows off the property. What we propose to do is um to remove of course all this pavement and construct what we are depicting in this site plan. Um the intention is to keep or
reconstruct this entry that exist um at the same 32 ft width. Um part of the application packet included some turning movements specifically for the fire engine truck and for the delivery truck. The one that controls the movement for these two driveways that the the one
that exists and the one that we're proposing is the delivery truck. Um so the 32 feet width will be completely usable for the delivery truck. The site is designed to be a one-way counterclockwise maneuvering. So all the
vehicles will enter. The delivery truck will do the parking and deliveries from this striped loading zone area. Deliveries will come down the sidewalk and up to the to the building through that um entry door for um deliveries. Um
once the deliveries are done and the truck um is leaving, of course, we want the truck to leave to the left. Um so the truck will be leaving this side on Springs Road. Um this proposed driveway, it is exceeding the width of 24 ft for the purpose of that delivery truck.
>> So he'll be breaking the no left hand rule. So the delivery truck and the dumpster truck after doing their services on the site, they were the they will be the ones that we want to have them allowed to make that left turn. We definitely don't want delivery trucks making the right turn to the
neighborhood um past um Springs by Road. Um so then those two vehicles, we want allowance for for this left turn. Um most of the passengers or or customers will enter the site, park at
this parking spaces, go into the building, get their um their meals, either eat in the building or just take out. There are a couple of signs um on this five spaces and on these two spaces. And that was one of the comments
from the engineering department. These three first signs that we have on three these three spaces is what you typically see on most restaurants today is for takeout orders. Customer makes an order on the phone or the app, shows up, says they're on parking space number one,
they take their order out. These two spaces are for delivery pickup orders. So that's for like Uber Eats and the likes. Um so the other two signed parking spaces of course are the handicap accessibility parking space signs.
Um the other customers will enter the drive-through lane. We have the windows at this location and there is counting the car in the drive-through window. There is eight 20 foot long stacking lane spaces starting from this location
here. There will be another space um if there's more cars being serviced, but we don't think this um facility will necessitate more than the DA spaces that are allowed. As I mentioned, the maneuvering is always counterclockwise,
so vehicles will likely hit this entry or exit and likely make the the movements out at this location. If anyone in particular wants to make the right turn on Springs by Road, we want them to be allowed to make that movement. It will be easier to exit
right at this location if somebody's going down to those residences um to the east. Um a few of the um changes that were brought up or that we're working on that were brought up by the town engineer. Um the grading design for this driveway was
designed at 10%. um town engineer um made a comment to not exceed 8%. We are working with that um that comment. We can meet that 8%. Um one of the things we're working on is elongating this driveway kind of
at the same time is making the um landscape area here a little bigger but it does we can make the 8% and make it work. Another comment that um engineering brought up to our attention is the length of the striped parking
spaces um to make it slightly longer, to make it more um easier and more comfortable for cars to be parked there. Um so what we did, we made the parking stripes longer um taking away a little bit of the driveway aisle, not the drive-thru aisle, but the driveway
aisle. um for 60 60 degree parking spaces. This aisle I think believe the minimum requirement is 15 feet um and we can meet the 15 feet. We did the same thing on this side. We have a 20 24 ft wide aisle. Um we elongated the striping
for the parkings and took away the 24 to 20 feet. Um so we did that reduction in this location to make the same adjustment to that parking. um we switched from a 45 degree um angle parking to more like a 50 um degree
parking space and we were able to accommodate the spaces at this location. Um the drainage system is all contained on site. If I jump over to sheet number three of the site plan,
um the site is kind of split up into five different drainage patterns and we have five different drainage systems to collect runoff from the proposed um development. Um all of the payment and all of the roof area is directed to to these drainage systems. Um a comment
that um the town engineer made um in the referral is that this driveway uh or actually this catch basin does not technically collect all the runoff from the driveway. Um something to understand
um Spring Bars Road slopes up as you're moving westward. So the driveway at this location as it approaches that intersection has to meet that same slope. That slope on Springs by Road is roughly about 5 and a half%. So our driver will have to slope at that same
angle to meet that road. So what we are working on doing is this section right here of this driveway is going to have an added component for the drainage which is a trench drain. Um so the whole width of that driveway at that point
which is a little further back from the property line is approximately 27 and 1/2 ft in length. So we'll have a 27 1/2 ft trench drain. We still have the catch basin. The reason for the catch basin, the catch basin are solid structures. They have a 4 foot sump and this is
where we collect debris, sediments, sands from the wintering um or um snow management. Um so we don't want any of that debris and sediment to make their way into the leeching components. So runoff water gets to the leeching
components through pipe networks or drain pipes um off of those solid solid catch basins. Um the collection of the roof runoff is going to be by downspouts and drain pipes are going to be directing the flow into those drainage. As a restaurant, we're going to need to
collect um um the waste from the kitchen separate from the main waste of of the main um building and bathroom. So, we have two sewer lines coming out. The kitchen flows into a a septic tank. It's not really a septic tank. It's a grease
tank. Um, but it's based on the septic code. After that, the waste water connects to a stub that was provided when the little um pond sewer expansion project was constructed. So, we have a stub at this location. We have both the
waste out of the grease tank and the main waste out of the building collected and connected to that existing stop. A water service is going to be provided from Booster Court. There's a water mane at this location. We intercept that water man with a new water service and
we feed the building. The size of this building does not require a fire protection line. So this project only requires a one um service line um for domestic use. Other utilities are just collected um through overhead wires for
electricity um gas line from a gas man on Springs Road. Um as Bud slightly mentioned, there was some comments about um landscaping. So we are working with um updating and
revising the landscape plan. The landscape plan is kind of following the requirements from the bylaws of zeroscape and try to minimize as much as possible um the use of fertilizers and the sorts. Um so some of the beds that the landscape plan was
>> we have the previous landscape plan in here but it's close this and then we can open it um landscape right there. Go down one. >> Yep. >> Okay. So this is better.
>> So yes, um we have a lot of um kind of like um river rock features that don't require fertilizers or anything like that. Um we have some lighting features and landscape along a walkway that's going to connect to to the site and to the existing town sidewalks. Um we are
looking to preserve all of the existing trees around the perimeter of the site. So we have three existing trees on Worcester Court. We want to keep those three. We have three existing trees on Springs by Road. We want to keep those. And we have five existing trees along
the eastern property um property line. So, we want to keep those. So, the grading around this size of the project are are kind of protecting the grading that's there just to protect those trees and the root mass from those trees. Um what we did receive is comments
regarding this um landscape plan. There are some features that are beyond the property line and onto the the town rightways. Um, so this is being revised to eliminate the the little shrubs that are planted here and a couple of light
features that are shown as well as the river rock that is being shown beyond the property line. Um, so that will be taken care of and none of the proposed landscaping is going to go beyond the limits of the property. As Bud mentioned, we are working in adding u a
hedge here to provide some screening of the parking and provide another hedge in between the existing trees because of course we don't want to damage those existing trees, but provide some um arabitis hedges on this side to block off the views from the zoning area and
the delivery for the drive-thru. Um with that, I'll pass it back to to Bob. Good timing. >> Thanks. The next speaker is Randy. I'll have Randy Hart. >> This is traffic. How do you get this off?
>> This is just normal. >> What would you like to see? >> It's traffic, of course. >> Where is it? >> It doesn't take long. >> November traffic. >> There it is. Good evening. I'm Randy Hart. I'm a principal with VHB. We are the
transportation consultants on the project. We have prepared a traffic impact and access study that's consistent with both local and state guidelines for impact evaluation. Some of the features include a study area of nine intersections in the vicinity of the site. We review existing roadway
conditions and safety. We review existing and future traffic conditions during peak summer conditions, which is critical on Cape Cod, of course. We assess potential project influence within the study area and review access and intersection operations both with and without the project in place so that
we can understand what the influence is. Um two of the foundations of the traffic work include traffic counts that we collect and also accident records. Um we collected manual turning movement counts uh during three critical periods 7 to 9 in the morning and 4 to 6 in the
afternoon on a weekday the commuter peak hours and then Saturday midday 11 to 1. It's during these periods when the combination of sight traffic coupled with traffic already on the roadway is at its most critical level. We also collect automatic or continuous type traffic counts. We did it on Wester
Court for 48 hours and we reached out to Mass DOT and got accident data for the most recent 5 years of data which was available for all the study area intersections. In terms of the project itself, we needed to understand exactly what the project would generate in terms of
traffic generation. So we relied on the Institute of Transportation Engineers IT trip generation manual which is the industry standard and um we use land use code 934 fast food restaurant with drive-thru which fits the category pretty well. One thing you may or may
not know about fast food restaurants is they rely heavily on pass by activity. In other words, trips that are already on the roadway that make an impulse stop. In fact, depending on which period you look at, it can be 50 to 55% of their activity. So, the busier the
street, the more activity they're likely to have, and that's just a big part of the fast food chain. Um, but based on the IT projections, we expect about 49 new trips in the area in the morning peak hour with 26 entering and 23
exiting. 53 trips in the evening peak hour with 28 entering and 25 exiting. and 57 trips during the Saturday midday peak hour with 30 entering and 27 exiting. The IT data data is interesting because
it compiles data from all the chains various different uses and we know that certain uses are much higher in terms of traffic generation than others. Like Chick-fil-A is off the charts, absolutely off the charts and they're in there. um McDonald's is not a close close behind in second and they're in
that data too. So applying the IT data which you know takes averages from all of these types of uses and applying it to this project we believe is a very conservative analysis and we did it that way on purpose. We wanted to provide the town with a conservative assessment of potential traffic impacts. This chart
shows exactly what I'm saying. The lefth hand column is the IT projections. The middle column is empirical count data that was collected at the Wendy's facility on 132 with the airport rotary in Hyannus. Um we're told that that is one of the busiest Wendy's in the
country. It's super busy place and even with that it still shows that the IT projections for each period are higher than the the empirical data from a Wendy's. So application of the IT in this application is absolutely conservative. Um access is proposed by two driveways
as you've heard. One on Wister Court which is full access and the second on spring bars which is exit only. We perform site distance evaluations at both driveways to determine if ISD intersection site distance or SSD stopping site distance were met. I'm happy to say that both are met at this
location. So site distance doesn't appear to be an issue at all. This site is located directly next to the intersection of Spring Bars in Worcester Court and the town of Falmouth has understands that that's a safety deficient location. Um they recently
installed flashing beacons uh to try and draw attention to the driver to see, you know, if they could improve the safety. We were curious about, you know, the effect of that. And so we reached out to the town of Fmouth uh police department and we got records uh for accidents at
that location between January and today um because the beacon was installed I believe in December of last year and the findings were quite interesting. Um between January and today there was only one accident recorded that the found police department had. So then I went
back and I looked at 2024. There were six accidents and this is before the beacon was in place. The year before that there was six accidents. The year before that four accidents. The year before that five accidents. So it appears that the beacon is having some influence on safety in a positive way at
that location. As Bob's already mentioned, we want to supplement that by adding the flashing stop signs, which we find to be very effective. Um it's more at the driver's line of sight and their eyesight. They're not looking up. Um so it's uh it's something to supplement what's already out there which we think
would pay benefits. Um in terms of the drive-thru um rules already mentioned that there is uh room for eight queued vehicles from the drive-in window in the formal queue area. And I say formal queue area what I
mean by that is here's a drive through all the way back to here. any further back and you start to influence the ability for people to get into and out of parking spaces. So, the formal area can hold up to eight vehicles. Um, even though the site could technically accommodate about 15. We've done
empirical assessments of the cues at both the highest Wendy's location and the Mashbby one, the new one, fairly new on 28. Both of which are on very busy roadways. 132 is really busy. 28's busy as well. Worcester Court and Spring Bars don't carry nearly the amount of
traffic. Um but the maximum queue we found in Hyannis was seven. The maximum queue we found in um MASHB was eight. Um we don't anticipate this site to you know generate the same activity as those. And so we think we have more than adequate Q storage um with what we have
on the plan. And then just quickly in summary, um you know, as I mentioned, the use of it, land use code 934, we believe is highly conservative and we wanted to use it and be conservative for the town. Even with the conservative approach to traffic
mitigation, the project's expected to have relatively minor influences at the study area intersections and it shows that in the report. There's one exception. the westbound approach of Spring Bars Road to Worcester Court does show additional delay in the PMP Gower um with the proposed project in place.
Um but again, I think the safety enhancements are are something that can be helpful. Um and that there's more than an adequate Q storage on site to accommodate the drive-through, you know, activity. So, that's a quick summary of transportation. If there are any questions, I'll be try to answer them
this evening. Thank you. >> Got one now. Go ahead. Um you just stated that uh you don't have any concern with the uh sight distance and uh engineering uh has a concern with it both ways
and um well for one you got uh 335 ft is required and the the property on uh appears to be 157 feet on uh Spring Bars Road and then
for you uh to build the uh exit uh for the tractor trailers to come out uh is uh particularly inviting for anybody who wants to turn left up Spring Bars Road regardless of what your
signage says. And uh I don't um be honest with you have a lot of faith that that signing signage is going to be all that effective. And uh with that being uphill as it is, I I think there's some real line of sight uh potential
to be a problem. But um like I said, there's there's so many things that uh spaces, so to speak, that need to be filled in here >> that um I'm really going to refrain from uh many more questions. But I got one
that hasn't come up at all. Um and I think it's very pertinent. I I know this site from when I was a kid. That was a long time ago. Uh there was a car wash there and it was abandoned for a while and there was nothing but a sump
>> underneath and then they went and paved the whole thing over. Has anybody ever done a 21E here? >> That's kind of a question that you might want to answer. Um but not this week obviously. >> Can I respond to the site distance? >> Yeah.
>> Sure. So yes, engineering did put out there that 335 ft is required for a speed limit of 30 mph. And the speed limit is 30 m hour in each direction. But what they didn't take into account is that coming from the west or no yeah
from the west. If you're on spring bars, you're starting at a stop position. You're at a stop sign. So you have to factor that in. And if you're coming from Worcester Court, either north or south, you're making a 90deree turn onto Spring Bar's road. I went out and measured the speed, comfortable driving
speed of all those maneuvers and it isn't 30 mph. It's just not and that the other direction it is certainly coming westbound and and we accounted for that. So we respond we're in the process of responding to the site distance comment and um you know what we have in the
report we believe is adequate. Um, >> and then >> until they start turning left. >> Well, on that, you know, if if if if there's no confidence in the signage, there's other ways that it can be dealt with. Um, we can certainly have signage in place, but maybe you you put a a
mountable cobble or something that a truck has no issue with, but a car would. Um, we do that at times to try and create the channelization for the vehicles, but a truck can drive over it. Um, so there there are options that are available to us to try and encourage the
the behavior we want to see. >> Yeah. Yeah. But I I think something's going to be uh in order here. And um I like I don't have a lot of confidence in the sign. >> Thank you. >> Thank you.
>> I just want to add a little bit to that to the response uh to the concern about the uh the site distances. Um, engineering didn't point out that the uh, zoning bylaw
section 240141 I4 specifies the following requirement. All driveways serving 40 or more parking spaces, and we're less than that, but shall have not less than 250 ft
visibility, not 330 ft. And then it goes on to say, and that's for a state numbered or maintained highway. And then it says, and not less than 150 ft visibility on other streets. So
the engineering department's referral suggesting that the standard should be 335 ft. Weigh the other side of a stop of a um stop sign. um when our bylaw only requires
um 150 ft. All that needs to be taken into account um >> or 250 >> it is somewhat uphill towards the street. We have a photograph um don't know if we can show it tonight. We'll get it to you that shows it. There's
that that in incline does not affect visibility um at all. And we of course understand that some people will violate signs, but most people won't. And
um we don't think the right turn restriction is really required and it isn't required under the zoning bylaw provisions. Um, but we're agreeing to do it because we don't think there are many
cars um that will go through the drive-thru and uh then choose to go all around the property to turn left to go back to the
intersection that they can get to much more quickly uh by coming out of the drive-thru, just turning right onto Worcester court turning right and you're heading back uh towards Jones Road. Um
so no, we can't guarantee that there won't be somebody who turns left, but we don't think there'll be that many people who use that driveway. Only those people who want to go right towards Mirror Vista out of that exit. So that's what
we have on that. >> The Lion Sherry parking is on the south side. So, I mean, that may uh encompass the uh drive-thru, but it
doesn't uh apply to the people that are using the parking on the >> south side or right side if you prefer. people who who have parked and gone in and eaten can still go around the building exit down to Worcester Court are more inclined to do so if there's a
sign that says uh right turn only and um more than 50% of the business is from the drive-thru. So people are going that way. And another significant portion of the business is uh the um pickup and
delivery uh which will also be people coming out onto Worcester Court. No, we can't eliminate left turns. We don't think we should have to because there's good visibility. The bank across the street has raised an issue. The engineering department has raised an
issue. I think we're responding it to to it uh quite adequately and would be agreeable to that uh signage for right turn only seems the best we can do. We have to um if we have this uh use, we
have to be able to have a truck be able to um and we're only talking we're talking the delivery trucks and emergency vehicles of course and a trash truck.
and we've submitted the um graphic showing adequate touring um movements on the site. Um but those are only um you know one trip a
day on average probably for deliveries and the and the trash. >> Well, it's it's not what I'm concerned with. >> Well, I understand your concern. you um you wouldn't have uh put the right turn only in if you didn't
think that the line of sight was a concern. >> Well, that's really not true. We'd be happy to if the board doesn't think we need that restriction. We'll be happy to to not have that restriction. Our plans didn't show the
restriction. That suggestion is only made now because of the request by the bank across the street that we either not have a driveway there, a curb cut, or do the right turn only. We don't
think that eliminating the left turns or should I say significantly reducing them um will um harm the business that much. So, we're willing to do it. Do we think it's
necessary for safety purposes? Um, our experts don't. And we meet the standard that's in the zoning bylaw. Thanks. And Mrs. um Mueller wants to respond to
your question about uh 21. [Music] >> Good evening. >> Good evening. >> Um my name is Sharon K. and I am the owner of Zero Worcester Court. When my husband and I first
purchased it, um we decided that we wanted to be, how can I put it? Very aware and concerned about the environment and we wanted to make sure
that no pollution would occur on our lot. We can speak for ourselves, but we also knew that there would be tenants. So, the first thing we did at our expense
was install three monitoring wells. Before anyone leased the property, the wells were inspected. Reports were issued. We all signed off on it. and the tenant was told that when they elected
to leave that there would be another examination. To date, there has been no pollution on that property. I'd like to mention that um how many businesses, small businesses
in Felmouth have taken the responsibility, the integrity, and the ethics to put monitoring wells on their property. Scott, do you have any questions tonight? >> Uh, I don't have any specific questions.
I mean, we have multiple open questions. It sounds like the applicant has taken a good first cut at at a lot of the open. Everybody understands it's traffic, traffic, traffic here on this site. So, um I I did kind of I was intrigued by
that mounted curb to help stop the lefthand turn, but >> structurally uh doing the additional uh greenery with the uh where the residential component is. I I I liked a lot of the things that they've already started to move forward to correct, but
um clearly we still have planning is taking a look at everything and we'll re uh re-examine when they come back in front of us in December. But I do like that the applicant has started to uh review what the butters have said and
some of the uh conditions. So that's that was positive. >> I have a couple for you if you don't mind. How are you helping the little pond people safely get in there like kids on bikes to Wendy's? Not >> Little Pond Place.
>> Little Pond Place. Yes. because it's going to be not pretty if they against the one way. >> There's 42 units there with north of 80 people living there. >> Well, we think that there might be a fair amount of business, pedestrian
business from um those apartments. So, >> and you did a nice walkway going out to Worcester. Is there any kind of plan to do something towards Little Pond Place? >> Well, interestingly, Okay, let's see now. I guess uh this is
our plan. Well, we have uh Raul is pointing out that there is a bike rack um shown here. But what's interesting about to me about your comment is that
Charlotte Harris raised the same suggestion at Tuesday's meeting and she was uh uh felt pretty strongly of that there should be >> some kind of a walkway from this area.
And um our feeling, my feeling pretty strongly um was that we have an existing level drive uh walkway that goes to the corner, wraps around, and then a level
um path that can be lit at night that would um you know could get you up to the restaurant. Um >> it just >> we were concerned particularly about the fact that there's a 4ft drop.
>> Yeah. >> Uh from the level of up here at the parking to the sidewalk and that would require >> um a fairly steep ramp. Our driveway is going to be a little steep. Um or a set
of stairs and both make accidents uh possible. Could one put a drive uh you know you'd have to come up that that rise and then I suppose have a a some
path along here and then cross over to here. We felt that we have this existing sidewalk and and uh this was actually the safer way and not very much longer. Now,
even if we put a sign that says don't walk this way, um >> that would be my kids. >> Yeah. I mean, you know, people will come up that driveway, but uh we question whether we should encourage it if it you know, if if both the planning board and
the board of appeals felt this had to be well then we would we would put it in. We don't think >> and that's going to be your foot traffic right there. And >> the shortest distance between two points is always a straight line. Well, of course, there'll be foot traffic from other places as well, but there's a lot
of people who live over here, and yes, there will be uh >> uh just take it into consideration. That's >> what really we will. And maybe we'll talk to uh Linda Clark and the housing corporation about >> their thoughts about how to >> She's great to
>> deal with the neighborhood. >> Yeah. Yeah, >> it's a good idea. >> And uh where where is snow removal? >> Can you say >> where's the snow removal going to go? Uh well there's actually a lot of room along in this area >> space maybe that's what I would say >> but I um
it may be that our uh Wendy's experts can answer that question >> just throw it on the plan when you redo the plan just show it on there that works for me >> okay um I would like to you to hear from from u from them a bit and then we're done
with our presentation of course you may have questions >> thank you thank Did you have any questions before? Sorry. >> Good evening. >> Good evening. My name is Josh Lavine. I'm the chief financial officer of Fashion Food LLC. As Bob mentioned, we
we're proposing to transform the vacant lot in the B2 business district into a Wendy's restaurant. With the rising cost of living, we provide an affordable meal option for Fmouth residents and seasonal visitors. While it's it's easy to think Wendy's is a large chain restaurant, I I think it's
important to highlight our history on Cape Cod, I want to make it clear that we're not here from Wendy's corporate. We're a small family-owned Wendy's franchisee. The Smiley family immigrated from South Africa in the 1980s. And through a
newspaper advertisement, Ernest Miley learned of the opportunity to operate the Hyannis in Orleans restaurants. Ernest and his wife Denise operated the business. Ernest managing the stores and the books. Denise running the front register and calling customer orders over the intercom.
Over the last 40 years, Ernest with the help of his business partner Isama and his son Terry have been able to grow the business, adding locations in Yarmouth, two restaurants in Plymouth, and most recently Mashby and a second Hyannis location.
While the Somiley family has slowly grown the number of Wendy's locations on Cape, one thing has remained consistent, which is the deep roots developed in each community where a restaurant has opened. Our long-standing history of community involvement was part of the
culture created by the late Ernest Smiley and dates back to the 1980s when Ernest became a Wendy's franchisee. Ernest was extremely philanthropic and the Wendy's franchises in the New England region were were so inspired by
Ernest legacy of charitable giving and an award was created in his name where each franchisee selects one recipient from their organization that is deeply involved in their own community and makes a donation in that recipient's name to a charity of their choice. It's also important to highlight the
environment we've created for our employees. We have several employees that have been with us for 20 to 30 plus years. We provide training for our employees to grow and prefer to promote from within the organization. All of our employees who work on Cape Cod live on
Cape Cod. We anticipate staffing this restaurant with year-round employees currently living in the Falmouth area. So the the takeaway I want to convey to the zoning board and in Fmouth residents is that entrenching ourselves in the communities we serve in caring for our employees has been part of our DNA and a
key factor to our to our success over the last 40 years. Falmouth is an area of the Cape that unfortunately we have been unable to support and I I believe we would be a good addition to the town. Again, we're we're not here from Wendy's corporate. We are a small Wendy's
family-owned franchisee. Having a Wendy's on this site will beautify this long-standing vacant lot. And and thank you very much for considering our proposal. And if I may, I just want to add um just some supplementary um comments to Mr. Fineran. With the the exiting on to
Spring Bars, I want to just point out that 80% of our business is drive-thru and delivery. So, when those C customers are coming onto our site, they're entering from Worcester Court, they're circling the site into the drive-thru.
So, 80% of these customers have now picked up their orders. They're leaving the drive-thru here and they're most likely going to leave Worcester Court. Now, if some of those folks want to then go all the way around the building here
and take a right onto Spring Barrage Road, they they very well may do that. I don't know anyone of those 80% that will decide to go all the way around the building and then take a left onto Spring Bar Road. Now, the the 20% of customers that are dining in, they are
most likely going to park in this area, right? You know, if I'm entering from Worcester Court, the fastest way into my into the restaurant here, which this is the the front entrance, is to park in these spaces. If I'm now exiting, I'm probably going to back up and go out here.
>> Oh, it is one way. Okay. >> It's one way. >> Okay. So, that is one way. >> So, then I guess th that 20% if they're heading out towards this intersection would would leave. But you know again the point that I I want to make clear is the majority vast majority of our
business is going to be exiting from Worcester Court. Thank you. Now just my own curiosity. Uh you said it's pick up and delivery Uber Eats and that that large of a >> So drive-thru drive-thru will make up
about mid50s and then the remaining Yeah. close to 60 and the remaining 20 25% is is Door Dash. >> No kidding. >> Uber Eats. Yep. >> Wow. >> Fundamental laziness of Americans. And the other thing I was going to
mention, my name's Terry Smiley. If you look, this is where the drive-thru window is. If you walking and you're going to cut through, you're basically going right through the drive-thru lane to get to the front entrance when you're going to walk around this way and come in as a safe entrance. I hear what you're saying. You're going to take as
the quick >> I just know my kids are going to go the quickest way they can get there. That's >> And there's lots of kids next door. It's do you know, >> but I think through they'll learn the most efficient, safest way to get there, but which is you're not going to cut through a drive-through lane.
>> I bet you they'll make a path. >> It's probably a little safer going to the intersection. >> I mean, if it means talking to Linda and having some sort of accommodation, we we'll work with them. >> Thank you. >> Great. Thanks. >> Come on up, sir. >> Thank you. >> Then we'll go to the public. You guys
are all set, right? We'll go to the public. Okay. >> Yeah. Usama Sahari. I'm one of the partners was fashion food has been lived in the cave for 36 years after I immigrated from the UK and uh and Egypt and I've been in the Wendy's business
for 36 years since I moved here. I joined Wendy's Ernest Smiley and then I became his partner in 2003. Uh we operate uh one of the best Wendy's in in the country. We have a great food safety
record for almost more than 10 years of 98 to 100 and all six restaurants. We operate in the best level of Wendy's operations. So we take care of our business. We took care of our community. My kids grew up four of them in uh in
Cape Cod and uh they all grown up and traveled all over the world and we believe we've been trying to be in Felmus for 30 years for literally. So we tried so farmos this site here co came
in uh you know we stopped because we didn't really know what direction of this going to take us and then uh we heard that you know there the potential that we'll be able to have the site resurrected again and talk about Wendy's and thanks to to Sharon she waited
patiently with us and we appreciate what she's been waiting but she deserved to invest in her to get site, you know, uh, used somehow after 40 years and we will be very good steward of this, uh, property if we allow us to be here.
Thank you. >> Thank you. >> Thank you. >> You all said, attorney, before I go to the public, >> one thing at the record. >> Yeah, go for it. I >> I neglected at the beginning of the hearing just to say there were three letters in support, five letters in opposition. The opposition uh cited traffic concerns, quality of life,
environmental, specifically odors, litter, and vermin. That's the letters in opposition and the issues that they raised. Thank you. And I did read the ones that were in in favor mostly philanthropic. That's what I got out of it. Um that's
what I got out of I think all three of them pretty much when I read the letters in favor. So, I'm going to go to the public. Who wants to be at bat? Well, we're past that season. Who wants to uh go first? >> Thank you. Name and address, please.
Good evening, Ed Jallowick from Worcester Court. Um, thank you for the opportunity to appear and for the abbreviated presentation. I did watch the planning board hearing which went well over two hours the other night.
Learned a lot. Um, what we're we've heard is, you know, a lot of interesting but mostly irrelevant testimony. Wendy's is good company. These folks seem to be nice folks. Good record. I found it telling that the
support letters were all from people that don't live in Felmouth, don't live in the area. The opposition was people that live in the area and people that live and work in Felmouth. And I I think that's important to note. Um the biggest concern is on my part and I'm a retired
professional engineer with a lot of background in uh facilities management, property management, including industrial, commercial, and residential properties for a small company in Central Mass. And one of the things I
looked at when I was looking at prospective tenants for a commercial site was what type of business is it? We were in a hightraic area. A lot of safety concerns. It was a main access into and out of town.
I would never put a transient business in one of our sites. Nor should we put one here. What does transient mean? Shortterm customer base, frequent, heavy use. In-N-Out, brief, 5, 10, 20, half hour to having a meal. Um, I'm sure it's
good food. I had a Wendy's hamburger at the Hyannis location probably 15 years ago. was good. Um, difficult site to get into and out of extreme traffic. Worse than Worcester Court. That Rotary is horrible. Kind of irrelevant. This is the property we're talking about. Doesn't matter
whether it's um the Pope, the president, the governor, or Wendy's or some other business here. The issue is the site is too small for the proposed use. You throw 10 pounds of activity into a
5B bag, it's going to burst. You make a mess. Uh it's a very small site, less than an acre. The um access from Spring Bars Road, the exit only. It's naive to think that anybody
coming from the east up Spring Bars Road proceeding west towards the intersection is going to battle through that intersection to get to Wendy's. They're going to scoot up that driveway. That's a problem because people are going to be trying to come out and others are going
to be trying to come in. I live in the area. I walk it most every day. Have for over almost 30 years and the complexion of the area has changed dramatically. This is at the extreme edge of the zone
that allows fast food. It's at the very very edge. Next is nope. Couldn't do it. Housing Corp has done a wonderful job putting in 70 U bedroom 40 unit apartments, all 100%
lowincome. And further down Spring Bars, a lot of people don't realize that, but there are 22 22 one-bedroom apartments over the bowling alley in Quhog Republic in that. And a lot of those folks, they don't have cars. Can't afford them.
They walk up and down that street. It's a lot of pedestrian traffic. And exactly right. I forget who here on this board brought it up. I think it was the chairman. Uh about how do the kids get there that are walking that? They're going up that driveway. they're going up that bank. For a kid, it's nothing.
It's, you know, four or five strides and you're there. So, don't wear a path like Mark said. So, that needs to be addressed. Um, at planning, they said, "Well, maybe we can do a stairway down that steep bank if the housing corp wants to do that." It's it's naive and
irresponsible to think the butter's got to address your problem. Um, bottom line, it's too much for that site. What's that? Something's going to go there someday. But, you know, in the 30 odd years I've lived in that neighborhood, it's been used originally
when I showed up in 96. Um, Tom Flurky's used car lot and the building now occupied by Mr. Clement uh auto repair business who by the way takes care of the cars. A lot of people that can't afford a new one because he's a master
mechanic and can fix these old cars a lot of other people won't even look at. He serves that population extremely well. But anyway, so it was a used car lot and then nothing for many many years after Tom Flurkey went out of business and then um for a year or two when they
were building the little pond sewer service area, it was rented to Robert Bau for equipment and material for the sewer project. That's it in 30 odd years that I've been there. And Flurky was only there for a couple of those years.
probably 20 years of basically nothing. There's a reason for that. It's not good for much. It's not a good lot. It's in a terrible location. And um I'm glad to hear the proponent of this uh project is amendable to uh furnishing some flashing
stop signs. That'd be a good start. The town eventually will have to put a four-way stop controlled intersection with probably polemounted lights because the overhead are hard to see, especially coming up that hill. Um, it's too close to the existing bank drive-thru. The
newly uh installed just year or so ago, Aldi's Supermarket, the driveway that leads from Worcester Court to Cappies and Aldi's is right across the street from that big wide curb cut. And um there's an big increase
in traffic. The traffic study was done as stated by the engineer 7 to 9:00 a.m. 4 to 6:00 p.m. 11:01 Saturday. Those aren't the peak traffic times for that area. Living there, driving it, walking
it regularly. Peak traffic is pretty much oh, I would say from 9 to 2. >> Parents, school buses, doing their errands, going to to CVS to get the prescriptions and what have you. going to the banks. There's
oh in in the immediate half mile radius probably over at half a dozen banks but particularly the ones on Worcester Court and oh by the way I forgot to mention there's some other residences nearby. Um attorney ammon mentioned the Kendall
Lane project come up the uh Worcester Court heading north a little further and there are couple of apartment buildings on the site adjacent to the auto parts store. There's two or four apartments in small buildings there. And then along Spring
Bars, if you head on this diagram to the left, Westerly, there is a single family house. There is a driveway into a complex that has some uh businesses and a series of condominiums, more residential. Is it a U B2 or whatever
district that allows fast food? Yep. But over the years, it's become heavily residential. There is no sidewalk on Worcester Court except for the very short span adjacent to the proposed Wendy's site. The sidewalks on the other side of the
street. I shudder about the pedestrian traffic that might come up from Kendall Lane from uh Felmouth Heights and tries to cross that intersection. Yep, there's a crosswalk. Kids, they're going to zip through that traffic on their bikes.
these little electric bikes. It's a serious accident waiting to happen. Accidents happen there regularly. A lot of them don't go report it. They're fender benders and say, "I'll call to my insurance company. I won't report it." But all too often, I see the blue lights and I see the red
lights. There's an ambulance there. There's a serious accident. The problem's bad. And when you're in a hole, don't keep digging and making it worse. Bottom line, with all the wonderful things we've heard, the site's
too small, it's inadequate. The traffic study wasn't done at the peak traffic times and should be redone. I don't know if that's your purview or planning, but the issue needs to be addressed. Give me a second if you will. the there
that site north of the intersection with Spring Bars and Worester Court gridlocks on a regular basis every day of the week year round. It's impossible in the summer. I don't take my car out half the time in the summer. I I'd rather walk.
And what happens is people trying to get in and out of CVS and Walmart and those driveways are almost across from each other. someone coming out of CVS and wants to take a left turn and heads towards Jones Road, they typically block the lane that's heading south on
Worcester Court and everything gridlocks right up to the traffic lights both directions. Nobody moves. It'll block the Walmart driveway. It extends many times all the way down Spring Bar's Road. Don't make a problem worse. Sorry.
A better use of that lot might be a couple of duplexes for low-income housing or a business that does not have that transient traffic turnover. Professional office, a doctor or a dentist where the staff is there all day
and customers come and they're there for an extended period of time. It's good common engineering and business practice. Last concern I had and I don't think it's in your purview but the design of the drainage. I understood from the
presentation on Tuesday that it's designed for a 25year storm. Bad, bad idea. You need to design for the 50 and 100year storms. We've seen in recent years some of these downpours where we get an inch an hour or more, it won't
handle it. That water is going to be gushing out of that site down spring bars. It'll make a mess. Thank you. >> Thank you. >> Anybody else want to come up to the podium? Okay. All right. >> Last call.
>> All right. >> I think we're going to make a continuence, correct? >> Yes. Yes. >> So, it's not going to be the last call. >> No, not the final final. >> Anything else you want to add tonight or >> No, I just want to thank you. Um and as
you know we'll be providing more um more plans trying to uh make this project absolutely as best we can. I do just want to mention that traffic study was done in August
>> August of last year >> 24. >> Yes. >> So before Aldi's >> but Aldi's we knew Aldi's was going in and uh Mr. Hart included all these in in the projects. That should be taken into
account. >> And then when he updated his report about a month ago, um he added um increased the numbers to take into account another year. Um
thank you. >> Thanks. >> Do we have a peer? >> Sure. Sure. a peer review of the trial. >> Are you bringing that up? You want me to bring you up? >> Uh Chris Bernard, 86 Hudson Street. The one other concern I think has come up
since the planning board meeting was um hours of operation. My understanding is it's 6:30 in the morning to 1 in the morning. And if that's true, that's obviously a big concern. Um especially being to that that's probably a lot of
drive-through traffic at that time of those hours. So that's something that we wanted to confirm and if so that's a definite >> concern. It's pretty dark at at like that spring bar area is pretty dark after 9. >> Yeah. But I'm saying 6:30. Yes. So 6:30
nothing's open usually past 5:30 from my understanding there. But it doesn't matter. >> I mean not until you get to Khog Republic probably. >> Yeah. So I guess confirming those are the operation hours. If so that is definitely a concern of mine. >> Okay. Thank you. >> Come on. >> Yes. want to say that um Walmart is open
until 11:00 and Khogy Public is open until 1. Um and I I don't think that the problem is traffic volume at those uh late hours. Um thank you.
>> I think he was taking Okay. >> volume from the drive-thru. Norin has do you want to bring up a peer review for the traffic or >> um so the applicants representative has offered uh a peer review for the
traffic. So um we have some inquiries out and expect a proposal shortly. >> Oh okay. >> So we would presumptively have that in place for our next meeting. >> Perfect. Good. >> Not that we don't trust you.
So planning meets again with them on the 9th. So what are we looking for for a date for them to come back in front of us? So given uh the board schedule and the holidays, we were looking we're looking at January 8th um which we
figure will give the planning board some time to uh you know consider their wrapup and you know certainly will give time for us to get a peer traffic report back and
>> respectively have that individual attend that meeting. noting a note on the file that that's the 90-day mark. Would that give us any leeway if we had to continue to a date beyond that? >> Uh we would have to ask for an extension. >> That's my only concern. I just don't want to if there's an open issue on that
date. I just don't want to get concerned where there's a constructive grant that would not give this board the opportunity just to seek additional information. So, I guess I would ask the applicant, if we go to that date and we're up against the 90-day date where there could be a constructive grant of a special permit, is the applicant willing to give us a little more time should we
have to come back after the next date? The answer of course is yes, but I think that isn't it correct that your hearing has to open within 65 days and a decision has to be issued within 90 days of the close of the hearing. Isn't that right? In any case, we'll give you an
extension if you need it. >> Thank you. >> Thank you. >> Thank you. And with regard to the I mean, I assume that if the board is um going to get a a peer review of the traffic study, um you know, if if they
agree with it, I certainly hope the board will take that into account. I don't we don't want to spend the money if >> Sure. I think that's >> we will. >> That's what we pay. Thank you, Madam Chairman. >> Thank you. >> All right. So, motion to continue to January 8th, 2026.
>> Second. >> We have a motion and a second. Everyone, you're all set. I >> think we're all set. >> All those in favor? I oppose? None. >> Thank you all for coming out. Thank you people. Thank you.
>> Yikes. Trying to put it in. >> You're a year old. Get Frank. >> Oh, >> I saw the car. I didn't know it was Oh, I'm sorry. I hold that so I can know what I'm doing. I'll >> steal yours. I'm sorry.
>> Hearings are as >> I don't know where mine went. >> But you can also I don't know. I might have it in here to our agenda. >> No, I grabbed yours cuz it was mine. >> We do. We don't mail a second time. >> At least I'm not losing my brain. So like you don't care which one we have.
>> You want to wait for a minute. >> Frank, go home for siesta. >> Right. So we use the butters within 300 ft of the property line. That's our legal jurisdiction. >> I didn't know if that was going to happen. >> I'm not sure the planning board's using. I would assume that it's probably
similar because right there also. >> What if he did anyway? We all get multiple >> cupcakes. >> I didn't know. >> That's awesome. >> Well, it's still on a hot mic, so you better be careful saying anything. >> Are we doing minutes?
>> Uh, there was one set distributed and I believe that was the 25th. Yes. How was your vacation? >> Nice place to watch uh inside. >> Is it nice? >> What the Bruins game? What are you watching? >> I forgot about that.
>> Okay. >> All right. We have one set a minute. September 25. Correct. Did anybody read them or do you want to table them for next meeting or >> I glanced at them. I was fine with them. So, >> it was okay. Well, that'd be motion to approve September 25th. And I'll second
it. All those in favor? I >> I >> opposed. None. So, we'll table the other ones. All right. Let's do 85 brick kilm. Uh so, as the board may recall, uh that was a 40B proposal that was approved. It
was subsequently appealed. Uh it was mediated with uh a couple of board members and there was an amended order issued. >> Um subsequent to that activity there was discussion about an abuter who had a
claim for adverse possession for a portion of the property. So where the they've asked the affordable housing comm um the affordable housing fund for some financing for the affordable units.
The fund has effectively asked the developer to assure that none of the development will be within the area that's in dispute currently. So in response to that request from the town, they have slightly
moved the location of the two duplexes that would have been affected such that they are fully out of the area that the butter is claiming as um potential adverse possession. So this this request this modification
before you is to accept the few changes on the couple of pages that reflect the change in location of those two duplexes >> through you madam chairman and having read that provision of the
>> so insubstantial versus substantial this is clearly outside of a substantial change and should be approved as a matter of course add it right there. >> I I would I would say that that's also correct. There's no change to the density. >> So, >> thank you very much. >> Anybody have any problems with this?
>> No. >> No. >> We've been waiting for this to happen. >> Yeah. >> Yeah. We asked them to do it actually, actually. >> Okay. >> I'll move them before they're built. >> Yeah. Uh, Madam Chairman, I'll make a motion to approve uh as an insubstantial
change what has been requested in 0582485 road >> to the previously approved plans. >> I'll second. >> Everybody else? >> Yes. >> All those in favor? >> I none.
>> All right. Glasses back on. Board discussion. Think >> we'll do that at the 15th. >> We will do that. Yes, we are meeting on Saturday. >> Saturday the 15th. >> The 15th. >> 15th. >> A week from Saturday. >> A week from Saturday. Correct. Thank
you. Cuz I always mess up. Board updates. >> Um it's not Well, it's an up. It's somewhere an open meeting. Was a Zoom link sent out for the U executive session tomorrow or is it in?
>> Uh that date has been moved to uh next Friday. So, we will send out a separate link. >> Very good. Thank you. >> Any idea morning or afternoon? >> 10:45. >> 10. >> 10:4. Same. 10 a.m. >> 10 a.m. The other one was 10:45. The
other one's 10. >> 10. Okay. Thank you. >> I think it's the 15th. >> Yes. >> Yeah. The 15th is Friday. >> And future agenda items. That's one of them. And so we're our next meeting, our meeting is a workshop on Saturday. The
next public hearing is November 20th at 6. >> And we just want to confirm the time for the sitewalk for the board for Zero Sandwich. We were looking at 2:00 on >> the 17th. >> The 17th of November. >> Yes.
>> That's a Monday, right? >> Yes. >> Yeah. >> Yeah. 2:00. >> 2 o'clock. >> Town meeting. >> It is town meeting. >> Well, we'll get you there. I've just asked them to I I've asked them to make sure that there is no tick
in the area that we want. >> I don't want any ticks. I'm opposed to ticks. >> Yes, that's that was what I I confirmed. Yes. >> Now, have they whacked any trails through there for us? >> I don't know. But that is what has been discussed. So, we're anticipating that
they will have the site reasonably prepared in advance so that you have access. >> I'll go to Florida for the one. No, they don't leave. Frank, I know >> you have a case at 2:00 on the 17th. >> And uh I didn't get Poison Ivy out in uh
North Falmouth, but I'm still >> But I got it the following week and I have it everywhere. >> Hey, motion. >> It's still live. Motion to adjurnn before I go scratch my poison ivy. >> Second. >> Second. >> Motion to a second. All those in favor?
I just need to hit your gavvel. [Music]