[Music]
[Music] okay welcome to the zoning board of appeals we're starting off with the um uh executive session so um you can't be in the room with us I'll make a motion what's the
purpose of the executive session I have to read this with glasses would be helpful uh the board will be entering into executive session section 30 A2 21 A3 to discuss strategy with respect to litigation in the matter of zero Melrose
have Falmouth with discussion in open section would would have a detrimental impact on the town's litigation position I make a motion we move into executive session to discuss with Town Council the case of zero Melrose Avenue and return to open session at the conclusion second
we have a motion on a second roll call roll call roll call finan I Peterson I Cy I Murphy I Mori patri I take it away all right we're
back all right 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 recording this hearing please step up to the podium to request permission I'll introduce the board and staff to my far
right is Mark finer and a voting member then Scott Peterson a voting member to my right is Frank Duffy the clerk my name is Suzanne Murphy chair to my left is James M Vice chair Tony Puchi to his left associate and Nick Haney another
associate and then we have have noren Stockman a zoning administrator and Ashley Dello office assistant the zoning board of appeals is charged with applying the state zoning statutes as well as the town towns 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 time may be ex extended by a vote of the board three the board will then question the applicant and four the public will 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 should come to the podium please state your name and your add address for the record and please speak into the microphone
will not amplify your voice and record audio for FC TV viewers and we also have a minute before we start the hearings if anyone wants to make a public comment about anything that's not on our agenda anybody for public
comment all right we have two hearings tonight one is a continuation one is already closed so there'll be no further discussion on it and there'll be a vote and so we'll start start off oh let's do some minutes first let's vote on our minutes if everyone doesn't mind me
pulling that out we we're going to vote I would like a motion for January 9th January 16th and February 6 anybody want to give me a motion motion to approve the minutes from January 9th February 16th and February
6th 6 all three on a second we have a vote in a second I mean a motion in a second all those in favor hi hi and so then we'll go to Deacon 26 Deacon attorney claa
[Applause] uh good evening Madam chair members of the board uh for the record Kevin Clow training here in town I'm before you representing Bob Parker the owner of 26 deacons Avenue uh this matter was opened on um February 13th hold on one sec we
only have four members on the board are you going to appoint it's a fourman board again that's correct you want to appoint Scott He you didn't give any testimony the last time I think we did open the hearing we did opened it but you didn't no testimony was
given so so we'll go we'll appoint Scott to be the fifth member okay right okay okay wonderful thank you Frank um so this was opened on February 13th um it was continued uh effectively to restate the property but I want to give a review
of the project discuss what we're proposing and um see if we can address any questions the board may have so Mr Parker is seeking permission to raise and rebuild the existing non-conforming dwelling at 26 deacons Avenue which is um located right on the Harbor it's on a
lot of 3,000 ft it's the residential SE zoning district and it is in the ae13 flood zone presently there is a three-bedroom single family dwelling and shed on a footprint of 1,90 Ft uh it's non-conforming in almost every way that
a property can be non-conforming uh the front yard setback actually encroaches into the road layout by 4 ft the side yard setback to the north is 3. 4 ft uh to the South is 1.8 ft the tener required the rear head set back to the shed is 1.9 ft with 3 ft is required the
lock coverage by structure is 36.3% where 20 is allowed by right and up to 25 by special permit and it is uh shockingly actually conforming to lock coverage by structures Paving and parking the existing structure is in poor condition both um physically and
aesthetically the waste is currently handled by a Cess pool of inter determinate age uh though old it is not a historically significant structure uh not not in a historical district and not subject to review by the uh hisorical commission given the existing condition
of this property it's not possible to rehabilitate the existing structure without triggering uh the requirements of substantial Improvement under the FEMA guidelines so the applicant's proposing to raise the existing dwelling to rebuild a new three-bedroom home uh with the installation of a new
three-bedroom denitrification system which has already been approved by the Board of Health this will result in the first floor being elevated in compliance with the flood zone standards which is approximately 8 ft above grade this allows for use of that space as a garage decreasing um the cluttering on
site uh there's a decrease in the footprint of the structure of just over uh 100 squ ft which reduces the lock coverage by structure from 36.3% down to 32.8% front yard setback is improved from an existing encroachment of 4 ft uh there's an ornamental pergola that'll be
at the property line and the actual dwelling itself is 3 and 1/2 ft off the property line the side yard setbacks are both improved to the north it goes from 2.4 ft to 8 ft to the South it goes from 1.8 ft to 6t the rear yards uh non-conforming
setback is eliminated as well which goes from 1.9 ft to 29 ft lck coverage by structures Paving and parking uh will remain conforming at 38% and the structure does increase in height from approximately about 15 ft to 31 F 8 1/2 in doing large part to the compliance
with the flood zone standards number of bedrooms Remains the Same there Isis a new dentrification system uh which has been as I noted approved by the Board of Health and this has been approved by the Conservation Commission this uh project requires a special permit under 240 10.2 a under
that section 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 240 12 .18 and whether or not the alteration creates any new dimensional non-conformities impairs views and V Vistas and reasonably
conforms to the neighborhood in this case there's no new non-conformity created uh then a number of the existing non-conformities are improved including lock coverage by structure the front yard setback with significant improvements to the side yard setback to both north and south and the elimination
of a non-conforming rear yard setback there's no effect on views and vistas of the public the view is really to the harbor um and this is consistent with the neighborhood which will describe though not requesting a special permit under 24.3 A4 as we're remaining over
25% I think it's still important to review those standards as many of those requirements overlap 240 10.2 a so under that section the board would be asked to consider the size and height of the structure in relation to the neighborhood with the effects of Shadow and packs and Views and Vistas from
public ways and effective nitrogen on Coastal payments in this case there's no impact to the Views invest in public ways though the building is larger it is an area with many similarly sized buildings uh and there's improvements to nitrogen on Coastal embayments there's a
new dentification system which uh is designed for the same number of bedrooms as present and replaces the existing cess pool as to the size and fit with the neighborhood we did submit a lot comparison worksheet that looked at 25 properties within a 300t radius as proposed this is below the average
footprint and it's certainly not out of character with the average gross Flor area of those 25 uh homes 18 have larger Footprints and seven have larger gross floor areas it's certainly appropriate uh in line with those nearby properties this project represents a significant
improvement over the existing conditions uh replaces an age sess pool and a house in significant disrepair it will not create any new dimensional non-conformities improves existing non-conformities and there's nothing about this proposal that is substantially more detrimental than what exists I believe this meets all the
requirements of 24 10.2 a 2421 e and for those reasons I would ask that you grant the special permit but I would of course be happy to address any questions that the board may have at this time want to start off Mark um yeah I I
mean my my original objection was it wasn't St I mean you you have improved um I don't think we have the uh latitude to demand it but I honestly think that um this thing could have been moved a
little bit further away from the road the you know the 29 ft in the backyard but uh as I say I mean I'd like to demand it but I don't think I have the ability so we'd actually be glad to discuss that Mr fer because Mike belli is here the engineer on the project he
and I discussed uh that and he can speak to as why we can't do that Micha do you want to yeah that'd be great thank you chair chairperson Murphy and members of the commission for the record Mike Borelli I represent the applic
if you look closely at the plan which I'll zoom in for you very close the it's true that the rear of the uh proposed building is set back 29 ft from the property line um the existing
building which is shown in on here in red was closer to the property line one of the problems we have with um trying shift the building back is we've basically taken up the whole backyard with the new septic system the new
septic system is actually built within a uh surrounded by a lowprofile landscape wall that's about 2 and 1/2 ft tall and that's necessary because we need to gain the proper separation from the groundwater table so two of the
components of the septic system include the primary septic tank and then the the denitrification tank they are 3 ft from the back of the building um the wall that surrounds this system to allow it to be elevated is
only a foot from the denitrifying tank so I mean technically we could shift this back maybe 6 in to a foot if you wanted us to but it's there's no where for the we can't move the septic system further to
the rear because of of um the fact that it can't be too close to this landscape wall so we really don't have anywhere to go with the building other than a real dominous shift back if if you'd like us to shift it back we could probably shift
it back six to 12 in uh is there a uh um a minimum distance between the foundation in the tank well the minimum is 10 ft and we've already been to the
board a health and sort of variance to be less than 10 ft from the tank to the building so I I probably have to go back to the Board of Health for that to reduce that from three fo there it is they are both solid tanks
yeah so I I I think I would and I I understand I mean we're we're almost fitting around pegging a square hole here or whatever you want to you know but it it it's just it you know the front yard is so noticeably close and I you know we got a 3,000 ft lot here I
mean we're this is probably the smallest lot we've dealt with to my two others in I I I equated it to that game you had when you were a kid with was like a square with the eight eight eight panels that you move around and try to make a picture have to Shi
and that's what we're doing here okay break it open pull the pieces out and put it back the way I wanted Rubik's Cube rub Cube it was like flat one you trying to make picture out of the the panels and only move one one
space empty yeah you good yeah I'm good yeah I nothing I can oh thank youi that was a that was a good overview of why it's difficult to move it so uh I'm very appreciative of getting a cesspool out of this project and and moving it to a
dite so that that was good news um obviously the the Project's a little bit smaller setbacks got a little bit better um could you just clarify the ridge height that's just the way is it 318 and A2 the number I have
is yeah the number I have was be with me 3182 but let's just take a look at the architectural plans to conf that's I agree it it was just on one of the dash lines made it a little difficult but um yeah it's ums to be a nice 318 and a
half nice elevation so nice upgrade so I have no further questions thank you Frank you have any questions well just my curiosity but how are you going to get in the backyard if you have to make repairs to the septic system you got about a foot on either side of the
building well we'll have uh there'll be 8 ft on the North side and there's 6 feet on the South Side uh you know if we had to work something out with the church which is next to us there is a pretty decent amount of space between uh the church and their property line that's
it we'll have it blessed I'm S I asked my question you have any questions no it's a very nice looking project architecturally um I think that the dite system with the testimony from Mr belli
it satised my similar to that Mr F had about the location of buildings but I think that uh you've exhausted your remedies and what you can do so I have other questions tell me I think it checks all the boxes it's a it's a wonderful change
fits well has a denitrification system which is outstanding MH um my I have the same question as Mr Duffy uh but that's something that uh you folks have to work out I guess to make something happen but I think it's an outstanding
project Nick good any further questions before we go to the public question I have is you know we did talk about that pergola in the front and now the pergola does go up to the street lot line
mhm so we've approved um in situations where we've had encroachments and improving it to zero that has been approved in the past um similar to how we allow height over certain um over 35 for certain ornamental features this is purely just an ornamental feature the
setback to the house is is 35 and we'll be happy to can I condition it that the setback for any future purpose would be 3 and 1/2 ft I guess the other part of the problem is if that street was ever widened in the
future well we've got a boat the street could go up to the yeah I I mean we have we have about 10 12 ft before the street layout um which is typical in that area um it's also one
way mhm but I I think that struggle getting approval from conservation to widen that street lach it ain't going to happen would they need to get a license no CU it's not on just because it comes right up to it okay five Ines and they
would okay any other questions up here before we go to the public anybody from the public want to comment on this project anybody want to make a motion motion to approve with conditions I think we need don't we need to close first yes let's
make that motion to close sry motion close sorry ahead of myself I'll second that like to get out when it's still discussion before we close very thrown off by this we too any discussion before we close everybody's good all those in
favor of closing I oppos None there you go there you go I'll second that and get it right the second time all right let's set up the findings Frank okay the findings the property is 26 deacons Avenue in Falmouth um it's an
RC zoning District they've applied for a special permit under Section 240 10.2 a 240 11.3 A4 uh to raise and rebuild the existing non-conforming structure single a single family
dwelling currently uh it's a three-bedroom with a footprint of 1,9 0 ft The Proposal is for three-bedroom with a footprint of 984 Square ft the property is in the Falmouth Inner Harbor overlay District um and the flood zone is ae13
there are no previous zoning board of appeals decisions of record the lot is 3,000 square ft in a zoning District which currently has a minimum of 40,000 square ft Street Frontage is 50 ft in a zoning District which currently requires
100 ft um Deacons revenue is a public right of way at this point um the current lot coverage by structure is 36.3% the proposal is reduced to 32.8% the limit in this district is 20% 25% by
special permit so we'll need a special permit or something to uh accommodate the non-conformity it's existing non-conformity anyways U black coverage by Structure Parking and Paving is 37.1% it will be increased slightly to 38 %
the limit is 40 so it's within that um the criteria of the bylaw um the project is uh represented by attorney Clow is non-conforming in all Dimensions um the
new dwelling will be non-conforming in three of the dimensions but the backyard will now be 29 ft which is conforming uh the proposed height of the building is 31 8 and 1 12 in
um we do have uh engineering has uh decided that a per driveway permit will be necessary U they also point out that the fence is in the RightWay for Deacon uh Avenue uh and and a um license will
be necessary to if it's to continue uh but it the note I think from engineering is that it may not be the license may not be approved the Board of Health requires the D system and the applicant has uh informed us that they intend to um
install a dite system uh the uh Conservation Commission has issued an order of conditions on February 6 2025 for the prop for the project water department requires an upgrade of a 1-in service with a meter to the inside we
have no comments from fire we have no comments from planning and we have no comments from historic um now uh for findings under Section 2410 point2 a which is a special permit for a non-conforming structure uh the board
determines um that the proposed structure is not substantially more detrimental to the neighborhood than the existing structure the special permit under section 24 111.3 A4 to exceed lot coverage by structure um we make a determination
that the size and height of the proposed structure Rel relative to the um neighborhood average is appropriate the neighborhood average according to the worksheet is 24.4 1% uh there's no effect on uh Shadows on neighboring properties there's no effect
on views and Vistas from public ways uh and the dite system takes care of the coastal nitrogen in the coastal ement as for Section 24121 e special permit General criteria the board makes a finding that the site is adequate for the proposed structure the site is suit
for the proposed structure there's no negative impact on traffic flows and safety there's no impact on neighborhood visual visual character as views and Vistas there's adequate sewage disposal with the dite system the site is conserved by adequate utilities and there will be no effect or adverse
effect on the affordable housing y add to there Madam chairman I'm not voting but uh one no opposition offered at the hearing project will bring the property in compliance with FEMA flood zone [Music] congratulations so we vote
next and we have a motion we conditions yeah conditions yes conditions um uh work hours per plance per plans um driveway
permit we'll definitely need asz builts for this correct yes I I would recommend um you know that there be certification certainly once the pergolas up to make sure that they have not exceeded that norly lot line prior
to co yeah not the foundation I think both yeah don't you it's soose so the foundation will tell you your setbacks to your law lines but that's not going to tell you where if
the fle is still on the lot when it's finished so you really need both I think we should do both yeah you have to do both any other conditions you can think of um what what set there was two different
sets of kcom plans did I two different dates is maybe I'm wrong I thought I saw two different plans in there there's an existing and proposed okay maybe that's what it was okay care construction vle are any other
conditions you can think of uh somehow they've going to manage construction vehicles it's very tight I'm not sure how you want to condition that I would suggest just working with the police department to make sure um anybody think of any anything else so
it's tight so it's to think no additional structures fence yeah licensing of the the fence yeah did I say that I thought you said I thought he had said fence was up fence is probably going to come out but if you wanted to put just that if it was to remain it
would need to be licensed yeah I think so it's not going to last long just a portion that's existing in the yeah layout right M it was falling apart yeah yeah I mean they just can't pull it all the way forward like I was um I think
that's all I can think of alltown referrals yeah all Town boards yeah that's it right yeah can't anything else Norine anything else no okay all right so we had a motion in a second all
those in favor I I opposed none great thank you all very much thanks appreciate your [Applause] time all right now we move on to 85 brick [Applause] Hil and we have the new new decision in front of us tonight everyone has their
new [Applause] copy did we just start off I already can't remember it's been a while okay this hearing was closed wow yeah look at that um has everybody had chance to read this
everybody's all set y I read the first one that Norine sent out four or five days ago I actually didn't and there's a new one tonight yeah it's the same but it's with some few Corrections and Tony is voting on this one
tonight um I actually didn't get a chance to read it to be honest with you thought we're going to read through it um Jim's going to read it and if you see something we'll put holds on it like we do to meeting is that okay with you or do you want to no that's good no I have an
issue that I brought up before and I don't know whether it was dealt with here or not or if we're going to deal with it but if it's read we're I do have a couple of minor modifications but I think we can deal with them when we get there okay okay so Jim can stop we're
good case number 05824 applicant 85 brick Hill Road l LC 150 teny Bourn cartway East Falmouth Massachusetts the applicant property owner is Michael C No 7 Washington Street East wall Poole Massachusetts at date of application the applicant became the owner as of the
date of the deed recorded on July 12th 2024 subject property is 85 brick Hill Road East Falmouth Massachusetts cessor map 34 section 07 parcel 007 lot 0 cic get book
36270 page 133 um if it's okay with you madam chairman we could just ask if everyone review the procedural history and if there's any changes we can make them any changes to procedural nine
or you all set with procedural yeah same thing with letters emails information from the applicant or Representatives everybody all set with letters yeah letters referrals emails Town
departments everybody all set yep plans letters emails from a Butters or interested parties oh yeah all set plan submitted by the applicant or applicant's representative um I have one addition there and it may be just that I missed
it but I wanted to just add in the color rendering that was submitted for the studio unit uh we had a received stamp date 10324 so if it's not reference I would add that in
okay okay great the notice of hearing and referrals are read into the record the minutes of the hearing are available at the town clerk's office and are part of the record findings one according to the last published subsidize housing inventory issued by the executive office of Housing and livable conditions eohc
dated January 1 2024 prior to the submission of this application the town of Falmouth had 8.13% affordable housing Town currently has an approved housing production plan however as of the filing did not currently satisfy any of the statutory or regulatory exemption
thresholds outlined in mgl chapter 40b and 780 CMR 56.00 two the town of Falmouth Massachusetts housing production plan report dated March 2024 identifies the goal to add 80 new Shi eligible affording housing units in a given
calendar year or 400 units over the next 5 years the HPP referenced the substantial gap between the cost of housing and what residents can afford and documented a specific need for appropriate sized rental units for smaller households uh number three the applicant
has met the requirements to file a comprehensive permit the applicant has one control of the land purchase and sales agreement dated March 11th 2024 submitted at filing deed recorded July 12th 2024 two the project has been
issued a project eligibility site approval letter from the Massachusetts hous Housing Finance Authority Mass housing dated May 17 2024 and three the applicant proposes to create a limited dividend organization I'd like to hold that one or we can discuss you like to
give chair yep we can hold uh number four the town staff attended a site walk with Mass housing on March 21st 2024 and submitted a letter to Mass housing with project comments dated April 22nd 2024 hold do we write that
the board went on the site visit also no that was not that's not our site visit that's the previous one site visit jeez I get them mixed up they're blending together they are number five the subject site 85 brick Hill Road is on a public RightWay along the southernly
side and comprises 4.28 Acres 187,00 Ft cited in the agricultural bee zoning District the Great Pond Coastal Pond overlay district and flood zone X the premises is not on Town sewer the minimum conforming lot size for the
district is 40,000 square ft six the premises has 95.8 7 ft of Street Frontage on brickk Road in a district requiring a minimum of 100 ft of Street fontage on the Frontage the frontage is non-conforming seven the the area surrounding the proposal is primary
comprised of single family dwellings there is a development of duplexes two lots to the west by issuance of a comprehensive permit eight there is no public transportation on Brick killan Road nine the premisis is currently undeveloped topography ranges from 28 ft
to 44 ft 10 the proposed development of the premises will comprise 40 total units with 22 Studios four three-bedroom units and 14 two-bedroom units the studio units will all be cited in two buildings on slab foundations the two and three-bedroom units will be cited in
duplexes and have full basements a private driveway is proposed for access to the development 11 10 units will be offered for those with incomes at 80% of the area median income Ami or less the affordable units have been identified as
K104 k106 k202 j101 j202 j204 A1 E2 G1 and i1 this includes six Studio units three two-bedroom units and one three-bedroom unit as a rental development all units will count towards the town's subsidized housing inventory
with the eohc these units also fulfill an identified need in the town's housing production plan for restricted affordable rental units a waiver has been requested to exceed the allowable density of six units per acre in the agricultural be zoning District 12 Town
engineering department issued an eight-page referral including the following a require peer engineer to review proposal including storm water review B sewage to be reviewed by Board of Health C water to be reviewed by Water Division and found fire
department the parking requirement is 69 spaces 76 are provided four spaces are required to be accessible five are provided three of the five accessible spaces qualify for Van use one is required e work and right of way requires a town permit for Street
opening with required Bond and timely completion removal of two existing driveway aprons is required tactile strip at sidewalk Terminus and brick Hil Road required stabilized construction entrance required utility trench at Road and pavement and joining detail requires
a saw cut a minimum of 1 foot from the edge of excavation and 1 foot Mill and overlay of the top course of asphalt F recommend requests crosswalk from Project to existing sidewalk on souths side of brick Hill Road traffic advisory committee G follow Town's engineering
assignment of address is proposed to be 85 brick Hill Road plus unit number for private driveway addresses to be properly posted H provision of any proposed development sign I trash Recycling and plowing are private J
confer with US Postal Service regarding mail K must meet Town storm water regulations and file for storm water permit L requirement to follow Town soil erosion and cement control standard conditions with oversight by peer engineer M the storm water system will
be private for the operation and management plan and perpetuity the owner shall submit annually all required reports and inspections and Report any change in ownership to the town o prior to site disturbance a copy of approved storm water permit to zba B copy excuse
me provide EPA Construction general permit C Street opening permit D inspection of installed erosion and sediment controls including existing storm water structures and brick Hill to plan and include any required silt sack installations in Brick Hill Road E
provide project contact information to zba engineering and police big p preconstruction meeting with required staff Q uh appear to confirm parking is correct per plan our recommendation to install wheel stops or ballards at mail
kiosk any High pedestrian area for safety parking in front of proposed garage with block pedestrian path s proposed retaining wall at approximately 6 ft could require a building permit overseen by peer engineer t peer engineer to confirm sight distances
review no pipes within 10 ft of a foundation add electric lines to plan review utility sewer storm water to avoid conflict verify seasonal High groundwater adequate separation from bottom of infiltration system calculation for 50e storm drainage at property lines proper flow information
related to surfaces storm water runoff discharges construction oversight and inspections number 13 The Border chain Matthew Cody of Beals and Thomas 32 Court Street Plymouth Mass to peer review the engineering for the project 14 the housing coordinator issued a
referral noting that the proposal meets rental needs with varying sized units 15 the fire department reported that travel path is adequate for emergency apparatus and required one hydrate to be added in an area to the uh of the Loft buildings 16 the Board of Health noted that the
proposed proposal was designed for Title 5 with a reserve area shown should enhanc denitrification be required 17 the assessor requested inspect ction prior to final sign off by the building department and noted that the addresses will be required as assigned by
engineering 18 the Cape Cod Commission noted that the unit Max aligns with the 2018 housing production plan note that the HPP was updated in 2024 with rental units proposed in 11 buildings with duplexes comprising
1,535 ft footprint at the 21 ft height the 10un studio building is proposed to have a footprint of 3500 ft at 28 ft in height and the 12-unit studio building proposed to have a footprint of 4,200 ft at 28 ft in height the Cape Cod
Commission commented on a the front facade of the studio building noting that they could benefit from a design change that would break up the massing B the significant pave parking recommend impervious pavement to reduce the impervious area C landscaping at the entrance between buildings towards neighboring
properties with a preference towards limiting clearing and mitigating as much existing native vegetation as possible supplemented by native plantings D they did not consider that this development would generate significant [Music] traffic e recommended an accessible curb
ramps connecting both sides of the site driveway to the site's internal sidewalk F limit sign or vegetation at the entrance to not visibly obstruct site distance G parking area to be EV ready H reduce impervious cover incorporate
green storm water infrastructure into landscape design I location within Great Pond Watershed a nitrogen imperative bment quote it should be confirmed that appropriate infrastructure to facilitate future sewer connection is being installed prior excuse me installed during project
construction to minimize future costs and required construction the town sewer servicing phase and timeline should be reviewed to determine whether sewer service will be available to the project within an acceptable amount of time or whether Advanced on-site treatment should be installed as part of the project construction septic systems must
be designed to avoid adversely impact AC ing downg gradient saltwater resources 19 the Wastewater superintendent issued an email on March 20 2024 prior to staff site walking stating quote this project is in the Watershed to the town's main
drinking water source Long Pond and so should have a denitrifying septic system 20 the planning board issued a referral supporting the rental units to include Studio units and two and three-bedroom units in duplexes the planning board identified that the two Studio buildings
last architectural style noting that they should be enhanced architecturally they also recommended installation of a denitrification septic system 20.1 the board found that the planning board Wastewater superintendent and Cape Cod Commission all recommended the
installation of a denitrifying septic systems at the premises due to its location within Great Pond Watershed a nitrogen impaired embayment coupled with the fact that the premises will not be eligible to connect to sewer parentheses with g 26 so just for
the board's information that finding would be coupled with the condition in g26 if that's how you vote than okay 21 abutters attended public
hearings and expressed the following concerns one autter Sophie Lane West of the proposed development reported filing for adverse possession for approximately 4,400 ft of air area approximate to the proposed duplex building numbers four and five contain containing an installed
shed plus land they have maintained Council for the abutter appeared before the board to confirm that the abutters have established elements required for adverse possession and initiated a legal proceeding U hold that or we can just I just want to add something add it in now if you want uh litigation was confirmed
by the the applicants representative uh second bullet point flooding from s Lane into the premise management of storm water bullet point property owner allowing Phill dumping at premises with
no soil erosion or sediment controls in place another bullet point concern location of dumpster related to children and Wildlife next bullet point concern about sight drainage leading to flooding at 77 brick Hill Road due to the lower topography next bullet point concern
about sight lighting noise and nitrogen pollution next bullet point scale of development lack of architectural features for Studio buildings next bullet point snow storage SLP parking on septic area final cars slra hold for a sec wasn't there a tree
removal it was people very much worried about clear cutting that was mentioned earlier yeah so bullet point tree removal please go ahead 22 the applicant will be required to
provide EV ready parking spaces in addition to meeting solar ready requirements of the stretch energy code in effect the time of application for a building permit 23 the existing lot coverage by structures is 0% and will be increased to
14.5% the agricultural B zoning District limits the maximum lot coverage by structure to 20% section 240- 111.3 a 24 lot coverage by structures parking Paving is currently 0% and will be increased to
44.2% the agricultural B zoning District limits lot coverage to structures parking and Paving to 40% section 240- 111.3 A a waiver from the provisions of section 240 11.3 a of the zoning bylaw is requested as to the lot coverage by
structures Paving and parking 25 the plans were revised to add an additional fire hydrant and to provide the location for tanks if a denitrifying septic is required 26 the side/ rear yard setbacks the proposed building is a maximum of 20
ft minimum minimum minimum excuse me U minimum of 20 ft the bylaw requires a minimum side or rear setback of 10 ft note that buildings four and five may be affected by the abutters claim regarding adverse possession 27 Studio building a
is proposed to comprise 12 units be dimensioned 101 ft by 32.9 2 ft with covered decks on the front and rear of the buildings Studio B is proposed to comprise 10 units and be dimensioned 84 4.25 ft by 32.9 2 ft with covered decks
on the front and rear of the building shared laundry area is provided for the studio buildings the studio units are proposed to comprise 612 Square ft and be 28 ft 1/4 in in height 28 the duplex buildings are proposed to be 48 ft by
32.5 ft with a shared front porch side bulkheads and 5 foot X 5ft rear Landing each no patios or sheds are shown building one and three are proposed to be be the three-bedroom units buildings 2 four 5 6 7 8 and nine are proposed to
be two bedroom units the height of the proposed height is proposed to be 21 ft 9 and 3/4 in the two bedroom units are proposed to comprise 780 squ ft of area the three-bedroom units are proposed to comprise 1,1 122.6mi
[Applause] the applicant proposes a 24t x 60t garage structure planned to be 17 ft 10 and 7/16 in in height for storage of vehicles equipment materials and
possible workspace cited toward the southernly entrance area of the development you hold that one the number now 299 number 30 the board expressed concern about the number of garage Bay b/s space proposed five in one building
plus two in the second building noting that the bays are primarily not for residents with the exception of two bays possibly for residents bicycles rather the project representative identified that the owner owns multiple other rental developments in town and intends to store supplies and equipment to serve
all the developments the board identified that the developer should pursue a contractor's yard to store such commercial use equipment going hold that one too 31 a dumpster is proposed to be cited between Studio B building and duplex number one a mail station is proposed
with parking for two vehicles a school bus shelter is proposed proximate to Brick Kill Road 32 the project engineer reported that they would install an impermeable 40ml polyliner around the entire exterior of the detention Basin to
prohibit water from the Basin toward the abutter to the east whose property is at a lower topographic level it is proposed to be 190 ft in length and be 3 ft below grade running from elevation 20 to 27 groundwater level was not determined at
the time of test bits 33 the access for the development is proposed to be a 24t wide driveway with a Cape Cod burm an internal sidewalk is planned within the development connecting to brickk Road a crosswalk is proposed to connect the development to
the sidewalk on the Westerly side of brick road south of the development a pulloff area is provided within the driveway for vehicles approximate to Brick Hill Road for parents a waiting to drop off and pick up by school bus 34 the applicant has submitted a list of
waivers requested for the development and since they're listed at the end if I can we can as to what we'll do at the end that's right Madam chairman is that okay with you Norine absolutely okay you want to go back and discuss now Madam chairman yeah let's go back and do
the holds let see where we got three I believe is the first one three yep uh if I may take it away [Music] so as for number one as to control of the land I just think we might want to
have something in there that it's it's referenced further on just that um regarding the status of litigation yeah I don't know how the rest of the board feels about that Madam chair but I just think I agree I don't think it's a bad idea at all Y how it's
factual so my suggested language would be at the time of application the applicant had control of land and during the during the course of the hearing uh an adverse possession litigation was
commenced buying a butter buying a butter direct butter that word yeah I just think it needs to be very clear in the record um yeah it's referenced on several other findings and then proposed conditions so that would
be my suggested language everybody okay with that yes thank you you good I didn't speak up when I we went by it but I do have a comment on one or question about one of the conditions number
six premises has 95.8 ft of Street Frontage on brick Hill Road in a district requiring a minimum of 100 ft of Street Frontage Frontage is non-conforming now typically we would put a note in there if there's a requested waiver but there is no requested waiver they never requested a
waiver of the minimum Frontage um it's an existing law so so they don't have there's no way to change the frontage so they can't ask
for a waiver from the frontage because the existing lot they can ask the requirement is 100 ft right so they can ask for a wer a waiver of the requirement but they never did it's not in the requested waivers so I think we should put a note there that no
waiver was requested right so we do say at the end any waiver not requested is denied right it would cover that but so no that wouldn't I agree it should be right in there in this sentence in this
sentence yeah okay so what language do you want to add that they didn't ask for a w they didn't ask for a waiver of it I looked at the requested waivers there's no requested waiver of the minimum Street process just right after the word nonconforming no waiver was requested by the applicant is that sound all right
yes so then we're going to have to adjust it at the end right okay I have another one too go for it um in uh on page nine at the top says a
paragraph with the letter R um parking in front of proposed garage would block pedestrian path is there any condition later on that there's to be no parking there I didn't see it uh we did
not specify anything but we certainly could it seems to me we've kind of raised an issue here we we haven't resolved right um so well that is and I'm not sure what garage you're talking about either but that's the kiosk yeah
so is it the big garage no it's AOS is they didn't specify but I think the concern obviously was that for the garages that they were creating that you would not separately want somebody parking in front of them that would
obstruct or be on the sidewalk so you could reference I guess that you can't park on the sidewalk that would only apply to the Large Garage by erance here I could be wrong I I find
this confusing and so so that list is what was provided by the town engineer in the referral so those bullet points are all from that referral all right so let's just tighten up our a little bit we have to figure
out are we talking about the big garage it seems like they are to me I don't have my plan in front of me do you I don't if you look I do if you look it seems the two-car garage the two has enough space uh the big garage which um I don't think belongs there anyway is
the one that's the issue I also don't see any um reason why uh or should we get to that when we get cuz I've held 29 and 30 it's kind of the same yeah but we shouldn't leave this out to the wind like this this should be cleaned up
anyway I I feel well we can do it with a comment I mean if it's if we're just how about um it appears that the uh parking limitation is in the Large Garage uh and it also appears that it
could be shifted backwards uh to accommodate why don't we just put parking in front of the Large Garage would would block pedestrian path and therefore um we have to put a condition in prohibiting it if the garage is going to
yeah that's true oh right well I mean we I I intend to ask that uh they get uh you know like I said when we get to 29 and 30 that they're only allowed an additional twocc car garage they have no justification for that large understand
that's one of the reasons why I brought this up because it you I you're going to do that and that this is a possible conflict yeah well it could uh uh it it certainly appears uh that they could shift that uh
backwards sufficient distance to to alleviate that issue you know as far as I'm concerned then I getting that seven car garage there to store maybe the answer to this is that we wait till we get we wait till we get conditions decide what's going to be there and then put a condition on it
yeah all right that's should we make it the Large Garage on on this finding you what it's going to yeah to turn into a small garage if I that way okay let's just change it to the word large okay okay at least it kind of spef makes it a
little better yeah in in t while we're here on page N9 is that a 50-year storm or 100-year storm uh per the engineers referral it said 50y year okay I just wanted to clarify thank you don't we always deal with 100y year
though well so the the town of Falmouth has some Maybe not as much upto-date requirements for some storm water requirements
so I'm just quoting what the engineering referral said I just never heard of a 50 mentioned maybe it has been but I remember numbers okay so we're moving on is anybody everybody else is all set with R
and T mhm any are there any other holes 29 and 30 29 30 okay all right let's do it is everybody ready to move on to 29 and 30 certainly don't you're being quiet down there isn't that wonderful it's a
beautiful thing all right 29 this this was this you that held no it was Mark Mark uh I I believe that the um the the Large Garage should be no larger than the um uh other
garage the the two-car garage I think the um configuration of the doors should be left up to the applicant uh and I think that it should be shifted backwards sufficient to uh allow parking and people to
Traverse Traverse the sidewalk all right so just for clarification purposes they were proposing one like a twocc car garage for Bic and and then separately proposing a five car garage yeah but it so for for which garage are you talking
I'm referring to the large one should be the identical footprint of the small one and shift it back to allow this isn't the time to do that before we start splitting hairs about whether it's a this is just a finding it's not this is not a condition or whether we're allow it's just that the applicants proposing this and then we
expressed Our concern yeah yeah okay well we'll hit it under conditions well just as long as we hit it we'll do it and and 30 you probably did for the same reason yeah okay anybody else have any questions on
29 to 30 on in the findings I mean you can always go back if there's some language and the condition that you want reflected in the finding we can always bounce back to that too everybody else
at conditions General G1 the construction shall be substantially as shown on the plan submitted to and re uh reviewed by the board listed below through subject to additional conditions separately
delineated cover index sheet 1 of5 dated May 8th 2024 with a final revision date of January 13 2025 existing conditions plan sheet 2 of 15 dated May 8 2024 with a final revision date of January 13 2025 site layout and Zoning plan sheet 3
of 15 dat May 8 2024 with a final revision date of January 2nd 2025 site layout sheet 4 of 15 dated May 8 2024 with a final revision date of December 2nd 2024 site layout sheet 2 sheet 5 of 15
date May 18 ex May 8th 2024 with a final revision date of December 2nd 2024 grading drainage and utility plan sheet 1 sheet 6 of 15 dated May 8th 2024 with a final revision date of January 13 2025 grading drainage and utilities
sheet 2 sheet 7 of 15 dated May 8th 2024 with a final revision date of January 13th 25 septic system and utility plan sheet one sheet one sheet 8 uh 15 date May 8 2024 with a final revision date of
January 13 2025 septic system and utilities plan sheet two sheet 9 of 15 date of May 8 2024 with a final revision date of January 13 wait wait wait we don't need to read these next three this is this is a lot is that okay if he doesn't read these
next three this is a lot yeah I think doesn't bother me in the least go to G10 yeah thank you you mean G2 G G2 G starts starts with the word 10 yeah plans as submitted with final
revision plans uh G2 10 units including six Studio units three two-bedroom units and one three-bedroom unit shall remain affordable rental units and perpetuity to households earning no more than 80% of the area median income for barille
County 40 rental units shall remain eligible for inclusion on the town subsize housing inventory for the requirements of the state executive office of Housing and livable conditions eohc all affordable units shall be year- round tency market rate units are anticipated to be yearr round
units so the question there is just a matter of word smithing do you want to specify that the market rate units are a minimum of oneyear tency yeah yes I would think I don't see why
not why not all right so I will change just make it all units yeah all units so I just put market rate units Shelby yeah okay okay yeah so you just pull out the anticipated right I'm going to change
anticipated to Shell and get rid of the Bold text you just have to take out anticipated and that's fine right all affordable unit Shelby year around Tennessee market rate units are to be year round units y make it easier
yep okay go ahead the affordable units shall be evenly distributed through the building as approved by the eohc and the affordable unit information shall be submitted to the zoning board of appeals and thereafter the housing coordinator the developer has proposed the following
units be affordable K104 k106 k202 j101 j202 j204 A1 E2 G1 and i1 G3 there shall be no additional bedrooms created within the buildings and no space may be converted to add
additional bedrooms to any unit non-compliance with this condition shall be considered a violation of the comprehensive permit the development is limited to 58 total bedrooms G4 this comprehensive permit shall not be transferred without Express written approval of the zoning board of appeals
in accordance with 760 CMR 56 the affordability component shall remain in perpetuity including surviving foreclosure and bankruptcy G5 each condition in this decision shall run with the land and shall in accordance with its terms be applicable to and binding upon the
applicant and the applicant successors and assigns G6 the height of the studio building shall be limited to 28t 1/4 in and the duplex building shall be limited to 21t 9 and 3/4 in G7 where this comprehensive permit is
granted specifically under mgl chapter 40b sections 20 to 23 allowing the override of local zoning density there should 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 mgl chapter 40b and the associated regulations G8 the 24tx 60t garage structure planed to be 17 ft 10 and 7/16 in in height for storage of property owners Vehicles equipment
material and possible workspace shall be removed from the plan and not replaced the 2 Bay garage is granted to include space for Studio res Studio residents bicycle storage okay we might want to discuss it here now I I think that uh you know it's
legitimate that they need somewhere to store a truck and a lawnmower and whatever so I think it could simply uh read uh that the uh uh owner's property storage uh structure shall mimic the
dimensions of the other garage and she only contain equipment they wanted it but you know I mean as long as the size is the same I mean so you want two 24x 60 ft garage structures all right and then uh we also have to uh the that that
garage has to be shifted back to allow uh people uh cars to be parked and people Traverse the sidewalk because that's the one that appears to be too close 24 by 60 sounds like five car big yeah we don't want two
of those no no want no we MIM this MIM the bicycle storage one no I want obviously not but that one has to be moved backward a little bit to allow parking and it certainly appears on the plan that there's plenty of room what size is the two-car garage it had it in
the findings didn't it no maybe it did no it wasn't in [Applause] there I don't have a ruler to scale it off um we can't ask Nick right why don't
we just say it shall mimic yes it shall mimic the the bicycle storage well you can't mimic something that's not there outline it she'll mimic the other garage shown on the plan well it's to scale on the plan so I mean they can't they can't
build something larger than you're GNA limit them to two two two period I mean that that wording uh with parking to not block any pedestrian yeah but if we limit them to two car it doesn't doesn't Block it's it's better
if we mimic the bicycle storage garage however you want to word it that way they're not going to go build two larger garages okay so so the language will essentially be that you are not allowing the five car garage Bay in its
place you're allowing a substitution of a our garage uh to be shifted back so they can show it to us on the plan yeah but it has to be there not be parking in front of it to obstruct the C somewhere we
have to say it has to be the same size as the other garage right so I it should mimic it dimensionally I think is proper wording [Applause] is that good for everybody up here no good not good for you Tony wait a minute
the no I well it's going to have to probably be that we have a plan here that's issued on 1210 and not 24 and it appears to be can you see that I'm sorry I can't
see it 60 60 ft by 24 that's the Large Garage the big one lar we want it to be the same size as the small one it's pretty large for two car no that's the larger that's the large one I'm saying no the try to find the size by 60 is the five yeah I'm
trying to find the size of the two car well it's here it is I got I don't like mimic but I mean if that's the best we can do typically 24 by 24 have it it's it plan doesn't show the dimensions on it no and I don't have a
scale or whatever but I mean they can't they can't build something larger it's big but it is a two car those are only the setbacks 4.15 we can't see the two car cuz some will have to have a rule up to B even though it's
a big one yeah it's size mine chose one dimension on it 3415 that's all it says sometimes it's down here here you know my tables two car garages are typically 24x 24 this one says don't we
have a scale plan here oh here we go yeah it is 34 it says 34 in M but it doesn't give the side whatever that's that's this is not a seven car garage whatever they were putting there so my suggestion Madam chairman is we come up with an approximate dimension of a two-car garage they can always come back
with administrative approval if they need to make it a little wider a little longer or well how how about um the uh second garage shall not exceed 34.1 5 ft no that's an elevation is it an elevation that's an elevation Y is it a
width isn't it I thought it was width no it's an elevation that's too tall no groundation from the road yeah or ground elevation it's a ground elevation oh okay that's why I don't like not having scale plans yeah or a
scale in my um or a scale just do a regular two garage Dimension that's fine right yeah and then if they if it needs to be amended so can right with everybody up here okay so one one of the garages is going to be exclusively for tenants
bicycles and one garage can be for the owner's storage of he said screens and um well we don't have what those those things I don't want to no no
no but I was just should be storage of things for this particular development yes yeah specific to the development yeah or you could say garage cannot be larger than
the uh a two-car garage going to do regular specs yeah so everyone we're all on the same page for that now the paragraph you refer to the 2 Bay garage so um youve we got a reference to it
yeah we good mam CH yeah G9 parking or storage of any unregistered uh vehicle boat recreational vehicle or trailers on the premises is strictly prohibited can I add no fertilizer to conditions since it's in a um sensitive
area yeah I don't see I mean if we're doing D night might as well you know if we might be doing D night I think that's a good idea do you want I think that only is within proximity to a water body that's a
drinking water yeah it's a water thing and there's no uh proximity okay I got voted out we we no we had a referral from the water super it's near Long Pond that it was a referral in this thing in the findings sensitive that's what I was
going by myself she recommended the dite septics there's nothing about the water protection but it there was a referral within the water shed I agree number uh any uh number 18 anytime they've that to my knowledge that
they've limited the fertilizer or esort was proximity to water bodies I'm 19 project is in the Watershed the town's main drinking water source Long Pond and should have a dyring septic system so it's not about no no anytime I've ever heard that it's been you know proximity
and I think it's 50 or 100 ft from a water so we can't do that would all right I just thought I'd throw it out there going Beyond there yep all right now I got to find out where I was bottom of the page G Town Hall all right there shall be no
accessory structures installed in the premises due to the lot coverage limits absent prior approval by the zoning Board of Appeals G11 an outside consultant shall be engaged as the site inspector for this project the site inspector shall report directly to the zoning board of appeals
site inspector shall be responsible for inspections related to the storm water permit including erosion and sediment control requirements and submit the inspection reports required under the storm water permit to DPW engineering site inspector shall be responsible for the review of the asilt plans for compliance with the approved
site plans and the construction related conditions of the approval copies of the inspections related to compliance with this permit shall be submitted to the zoning board of appeals g12 maintenance and repair of subsurface storm water runoff control shall be in accordance with the
operation and maintenance plan last revised December 2nd 2024 B 13 the access to the development is by private driveway as such snow trash and recycle removal from the premises shall be the responsibility of the owner G14 dark sky compliant
lighting shall be provided and spotlights are prohibited any lighting installed to a side or rear of the building shall be required to meet code lighting shall be installed in accordance with the applicant's lighting plan lighting proposal dated October 29th 2024 prepared for 85m Road found
mass as drawn by LSI 28008 Alliance Road Cincinnati Ohio g15 the applicant shall comply with any requirements of the stretch energy code adopted in falma for the provision of designated EV ready parking spaces in buildings so ready as
required at the time of the application for building permit multif family developments currently require 20% of parking spaces to be EV ready g16 secure covered bicycle parking SL storage spaces shall be provided as represented during the hearing g17 there
shall be no exterior installation of vegetation or signage which Limits line of sight for vehicles exiting the premises any proposed development sign shall be provided to the zoning board of appeals in advance of inst ation for confirmation of compliance with Town requirements there shall be no plantings
structures or signage within the brick Hill Road RightWay G18 all first four studio residential units shall be group one adaptable dwelling units pursuant to the Massachusetts architectural access board requirements that regulate unit adaptability for persons with
disabilities including entry bathroom and bedroomkitchen g19 the applicant shall provide the zoning board of appeals and housing coordinator with a copy of the the audited cost certification of the development within 180 days of the completion of
construction G20 any change from plan submitted and approved by the zoning board of appeals shall be submitted to the zoning board of appeals for approval prior to the implementation of said change the zoning administrator may make a determination as to whether the changes are substantially as shown on the approved plans referenced in G1
above or essentially minor in nature and can be approved administratively or whether the applicant must submit the changes to the zba pursuant the 760 CMR 56.0 1111 changes made to an approval excuse me changes made prior to an approval may be subject to a full hearing and are at risk that the zba may
deny the request subjecting any unapproved construction to be ordered undone g21 this comprehensive permit shall be a master permit which shall sub subsume all local permits and approvals normally issued by local boards the Board of Health and Conservation Commission are excluded from this
provision with respect to permits and approvals issued pursuant to state laws or regulations G22 this permit shall elapse 3 years from the date of 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 shown as determined by the zoning board of appeals 23 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 or that
an appeal has been filed within such time is recorded in the barnable registry of deeds any person exercising rights under a duly appealed comprehensive permit does so at risk that a court May reverse the permit and that any construction performed under the permit may be ordered
undone G24 any damage to brickk Road during the construction process shall be repaired under the direction of and compliant with Town standards under a street permit if required at the expense of the applicant G25 the multi-unit Studio
building shall be fully sprinkled as required by code G20 six I think we're going need some discussion on Madam chairman also I have a question uh should we put a condition in there about that membrane that they're going to put in to control the yes the uh I think
it's further is no it was in the findings it's not it's not in the conditions it's got to be in the conditions yeah we should I thought I thought I had read it yeah just in the findings though I would suggest that be added description of
it it would be be installed and uh maintained in perpetuity by the owner where yeah want a retention Pond next to the she can just use the finding language yeah I'm thinking that would be
in prior to occupancy because you know relating to the the time that you would do that so long as well you could put it in the general I put in the general Condition it's very important to some of the neighbors okay so um
27 it's under 05 including the impermeable 40 m po polyliner isn't that what we're talking mhm all right shall be installed as described see it in 05
yes that's occupancy permit yeah is that detailed enough do we think it doesn't indicate it's supposed to be maintained perpetuity yeah we should add that part and you're right there's really no maintenance for it well you never know it might bust it will
eventually have some [Music] deterioration okay so we're going to have we'll just add it on to 05 I think all you think that works all right so you want it installed and maintained yeah in perpetuity okay yeah
okay good pickup Frank [Music] okay now we're on to g26 concerning which option we wish to go with Madam chairman but start with
Tony well I mean I have to ask the question where are we in town with regard to the districts in the Board of Health requiring these for these developments have we made any progress to that so that we don't necessarily have to
condition it because if we're not headed in the right direction in town we need to try and condition this right so it's my general understanding that the Board of Health has that issue underway and that it would be anticipated that would be in
place prior to this building permit being pulled that being said if they opted to pull the building permit immediately post the 20-day appeal period it's not likely to be in place at
that time so I guess the question rolls to the board about whether you want to require it or whether you want to leave it to the certain circumstances and conditions at the time the building permits
pulled well if if they do change it and requirement they're going to be like any other um well they're going to have to comply right so I don't think there's any need to mention it at all well the issue is if he pulls a permit prior to the town changing
its board of health conditions well I mean it there' be no different than an existing property I mean if they if they determine that that's the way they're going to deal with the nitrogen sensitive area it's going to apply to everybody them and all the single family houses as well so I don't think there's
any way he's going to get around it well though I guess what it rolls down to here is you know either the Board of Health makes a determination or if you are unclear about when that would happen you would do it um the purpose for the findings
listed the way they are is just as a reminder that you do have other people issuing referrals to the board that recommend it so yep Cape we'll go back to number 19 in the findings you you have Cape Cod Commission you have the
planning board you have the Wastewater Super Y all recommending the water super that you waste water super super no yeah it says right here in finding it says right here in the findings the Wastewater superintendent issued so
forth and so on this project is in the Watershed to the town's main drinking water this board required it of another 40b within the same district uh adjacent to the drinking water source so why wouldn't we do the same thing
here the bylaw doesn't require it that no yet yet and the but we're trying to be consistent when we're around and and follow the recommendations of the folks that have to care for our water I mean this is what the waste water superintendent is recommending
this board approved that or required in another brick Hillen Road Project they're doing it right now why would we not do the same condition I'm not sure I mean we're setting a precedent that we can do one for one and not the
other where's that the only difference 19 which one the one by the um Lutheran Church yes yes that's that's that's that's Long Pond they were talking it's two different situations long that was close to Long
Pond in the direct Watershed or whatever I mean that's the town's drinking water but that's what Amy wrote right in 19 that's what she wrote right here in number 19 in the findings Mark number 19 I mean she's asking us to protect the
drinking water of this community and we had planning board and we have uh cap C commission I mean from a financial perspective right you'd rather do it during new construction as opposed to put your system in and then do it three
or four years later well on on that brick killed one there was a um as I recall and I wasn't on that but I did pay attention they were they there was a a specified distance they were from long Pawn I mean you're talking this thing's two much
fting the actual and and my understanding is that thing is going to go into uh Great Pond not not not the town's drinking water supply this the water
superintendent the water superintendent is working on uh a very important plan to safeguard our Watershed areas we have a tremendous mendous problem in this community right now uh I think this board has an
opportunity to support our uh water department and the plans they're making now if the Board of Health if they would just make a decision and decide what to do about these things it would be easy we wouldn't have to worry about it but if they pull a permit prior to the Board
of Health doing something I mean it's almost as if you you've got all these different silos in town here and one's doing one thing one's doing another they're all trying to get to the same place but it seems that we're never going to get there or we're going to get there too late I think this board has responsibility
under 19 to implement what she's asking for what that Department's asking for but I'm just one person yeah you have the Cape Cod Commission commenting on that as well so if you're looking at page 10 uh capital I they're talking
about the Great Pond Watershed being a nitrogen impaired in bment right so what they're saying is they didn't know at the time if this development could be connected to sewer but that's or what the timing would be right that's great
Pond and and Amy's talking about Long Pond it's too different yeah my understanding that that that that nitrogen is going into Great Pond yeah it's not going into Long Pond no she's talking about the the the town's main
drinking water source Long Pond yeah but the Cape Cod Commission talking about as the planning board talks about gra Pond too I don't I don't understand why I understand why we wouldn't condition
it uh because of the way 40 BS work uh but it's it I think we're being I think the board is not going to if they're not going to pay attention to what the Wastewater superintendent is suggesting I don't know what we're supposed to do then
so my feeling is this this is the exact friction that we have between the 40b process and the Department of Environmental Protection yeah the D who's mandated fouth you shall reduce your total nitrogen load and we have a statute that says you shall allow affordable housing to go in I think that
the my feeling is that I think that we should condition it with the I this the Board of Health may do it regardless this is the last of the projects that are in before Safe Harbor if it's financially uh too much for the applicant he can seek remedies through the hack yes which also May May at least
as to our requirement for an IA system if the Board of Health requires it well that's a state regulation and that's that's the end of the issue I see one of the one of the weaknesses of our bylaw where it says that it applies only to units of developments of five acres or
five Lots it shouldn't read that it should read flow that's right and this is 58 bedrooms it's going to create a lot more sewage than five five Lots would create
yes and uh based upon that and also the the fact that we're so close in Pro in time proximity to a requirement for an IA system I am inclined to put a requirement for the Ia system in now and if they want to take it to somebody else
and give get relief from them let them it's exactly my feeling right I'm in right we're going to tough guy I'm all over it all right so we're we're we're going with option b applicant shall install
Innovative alternate IIA septic systems for the development everybody's on board up here yes [Music] okay moving on S1 prior to site work S1 there shall be no access to the premises by workers prior to the approved construction hours of 7:00 a.m. or after
7:00 p.m. Monday through Saturday no Sunday or holiday hours are allowed absent an emergency construction vehicles are prohibited from in on or near the premises outside of construction hours all construction vehicles shall remain strictly on the subject property and not
obstruct sidewalks or park on AB budding streets unless authorized by the police department during construction effort shall be shall be effort shall be undertaken to minimize impacts on a Butters including securing dumpsters stabilizing soil to the to guard against erosion from a rain event utilizing a
wash station ensuring that public roadways are kept clean in compliance with the town's soil erosion sediment control standard conditions 82020 appendix a with the zoning board of appeals as the permitting Authority the site shall be secured from predicted uh wind rain or snow conditions the
applicant shall consult with Town engineering site inspector regarding protection of town roads installation of a wash station and dust management during construction and shall comply with General engineering requirements the applicant shall provide an erosion control plan to be approved by Town engineering and copi to the site
inspector which is a requirement of the Street open permit oh I have um one little tweak there for the top of that paragraph uh it should actually be worded um no Sunday or town observed holidays because there's been some
confusion for people in the past about which holidays the town observes or not like St Patrick's Day on Monday counts that includ St a county holidays like evacuation sure yeah that's so we do post the town observed holidays so that
the developers can reference that can we can we put anything in that says if they and I understand it says if they violate that they any butter can
ask to have the applicant recalled back to the board for discussion I know that the I know that a Building Commissioner is the under enforcement but you have you put a condition in another one that's ongoing right now where there's a
violation not necess just of that but of a condition that an a butter can come back to the board with a complaint that's ongoing right this minute but the your butter can complain directly to the building and if there's
no and if there's no relief then you can appeal then they can appeal that's so it's the the preferable pathway is for any grieved a butter to contact for example if it's a weekend and a noise
issue they would call contact the police and Then followed up by the Building Commissioner and then if the Building Commissioner does not enforce then the complaining party would have to request the Building Commissioner put that in writing and that's appealable to the
zoning board all right I hope everyone understands how absolutely difficult this is for it is diff but that's the way it they make it very difficult way it set up they do all right if that if that mechanism is
in place and that's what you're telling part of the problem is that the town still does not have any Town specified work or hours so that's been the zoning enforcement glitch is that it's not in
the bylaw quite a big glitch pulling that together somewhere along the line yeah next year toting a piece yes S2 the applicant shall show the Transformer and electric lines on the plan submitted for a building permit with a copy to the
Zoning Board of appe fields S3 the applicant shall provide to the police building department engineering and zba the name 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 residents are timely managed S4 the applicant shall meet with the fouth police department to determine when or if police details would be required all police details required by the fou Police Department or per the applicant's own choice shall be paid for by the
applicant S5 at the applicant's expense a site inspector will be designated by the town of this project from the firms that have been preved by the town the applicant shall establish a 53g account prior to the preconstruction meeting through the zoning board of appeals for the site inspector the applicant shall
obtain any required Street permits for driveways construction abandonment utility work or other right of way work the site inspector shall perform or oversee inspections for construction related site work under this permit leading up to review of as built plans for compliance with the approval to
include driveway construction compliance with conditions in this approval sidewalk construction retaining wall construction parking layout sight lighting sight lighting site grading signage and pavement marking work under the storm water management permit per chapter 277 adherence to the town's soil
erosion and sediment control standards conditions appendix a the site inspector shall not be responsible for inspections related to Street opening permit which shall be the jurisdiction of DPW engineering reports related to the storm water permit and erosion control shall be submitted to the DPW engineering with
copy sent to the zoning board of appeals reports related to construction related on-site work outside of storm water and erosion control shall be submitted to the zoning board of appeals S6 prior to starting work under the comprehensive permit the applicant The General contractor and any necessary
subcontractors and the designated inspection engineer shall hold a preconstruction meeting with the Building Commissioner representative of the Department of Public Works engineering division zoning administrator water superintendent Board of Health agent Wastewater superintendent Falmouth fire and fouth police to review soil erosion and 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 developer shall establish a
53g account with the town prior to this meeting to cover site inspection engineer fees we can strike that last sentence because it's it's um actually duplicative yes that's that's the joy of having some other folks in town
departments assist with editing nice we all come to the same S7 S7 construction shall be in accordance with all requirements of town engineering including the town's 2020 soil erosion and settlement control
standard conditions pexa the applicant shall request inspections and writing at least 24 hours in advance to site inspector or town Department reinspection fees shall be per section ruction copy of inspections to town engineering a the required erosion and
sediment controls are installed and approved erosion and sediment controls shall be maintained in good condition at all times failure to maintain adequate erosion and sediment control on site will be grounds for stopping all construction activities until the issue is addressed B A stabilized construction
entrance and wash station is installed and approved C Storm water infiltration areas are protected and the protection means are approved including existing storm water structures and brick Road have silt sacks installed and D the limit of work is demarcated in the field
and certified by the surveyor S8 the town is specifically not waving permits or fees associated with the construction including as applicable but not limited to the water line water tapping sleeve and valve water meters engineering RightWay work and building
department fees permit applications and plans for the Water Service shall be submitted to the Department of Public Works and the water superintendent any required utility easement shall be in a form and manner as prescribed by the town S9 the applicant shall show the location of water in septic components
and service on building permit plans plan shall State quote all standards policies construction practices or rules and regulations of the Falmouth water and sewer department shall be adhered to throughout the duration of the project end quote S10 prior to the installation of
any storm water leeching facilities the site inspector shall observe the bottom of excavation and the applicants Engineers shall verify that the elevation is a minimum of 2 ft above estimated seasonal High groundw S11 Landscaping shall be installed as presented in accordance
with the landscape plan landscape plan dated December 17 2024 prepared for 85 brick Hill Road Falmouth Massachusetts as drawn by hawk Design Incorporated Sagamore Mass plan is not stamped or signed with all plant materials maintained in good health invasive
vegetation on the premises shall be removed any material substantially diseased or dead shall be removed and repaired with similar sized plants within 2 years of the final certificate of occupancy mature trees particularly those proximate the lot lines shall be maintained to the extent possible with
an adjusted limit of work line 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 to protect root systems of trees both on
the premises and those with root systems onto the premises Tre frees to be protected and preserved shall be identified in the field on a plan a copy of which shall be submitted to the zoning board of appeals prior to the building permit B1 the applicant shall show good and clear
title to the premises any change or alterations uh to the lot line shall require that the applicant appear before the board B2 the water superintendent and Board of Health are required to sign off on the application in addition to other Town departments with jurisdiction
prior to the issuance of of any building permit Water Service application shall be made as required by the water superintendent including any plans or meter requests B3 the applicant shall provide the zba proof of the creation of The Limited dividend organization in
accordance with 760 CMR 56.0 to restrict profits B4 prior to the issuance of a building permit for the building or unit the applicant is required to provide the board with a copy of the eohc final approval of the project in accordance with the
comprehensive perit rules 760 CMR 56.0 4 and the guidelines including part I to I what is that maren I believe it's 11 I 11 okay couldn't tell if that's triple I or yeah part i1 concerning
affirmative fair market fair housing market and Resident selection the applicant shall prepare the final draft of a monitoring agreement or mass stocks affordable housing restriction that includes monitoring a property management agreement and and submit said draft to the board of for approval as to form by Town Council um I have a
correction there um we changing eoh hlc to Mass housing so Mass housing will issue the final approval for do we have to put anything about HOA in here so the development is going to be
rental and owned by own B5 the applicant shall obtain an approve Street opening permit for work in the public RightWay including the construction of the new driveway and sidewalk grading and abandonment of the existing two driveway aprons B6 the applicant shall file for a
storm water permit and follow the town's soil erosion and sediment control standard conditions as attached in appendix a the inspectional engineer shall oversee compliance to include a Construction general permit with the EPA the applicant should provide a copy of the storm water permit and the
Construction general permit to the zoning board of appeals prior to occupancy permit 01 the building address and unit number shall be posted by the applicant accordance with section 99-1 A fixing of legible numbers required as formally assigned by Town engineering with the building
permit application and approved by the fire prevention inspector prior to issuance of occupancy permit O2 a certified as built plan shall be provided to to the building department copy to zba and site inspector for review for conformance to the approved plans prior to the issuance of the
certificate of occupancy the asilt plan shall be an overlay on the site layout plan with the addition of the proposed storm water management system structures Rim elevations pipe location size and material and pipe inverts added to serve as the appropriate base plan plus water
and sewer lines and components 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 site inspector shall confirm compliance with approved plans 03 final Lottery agent Lottery plan and marketing plan shall be submitted to the zoning board of appeals and housing coordinator prior to the issuance of a certificate of occupancy may I excuse me may I come back to
something yeah go forward uh two yeah um why is it that require a certification by both a licensed surveyor and a registered engineer they both do this can do the same thing I'm not
sure no they don't do the same thing that's the reason the engineer gets the height so why is it that both what do the register engineer doing I don't I don't want to labor engineer does the height and the surveyor does the corners and the building
locations okay thank you 04 yeah as built drawing shall be submitted to the water superintendent and include any ties for valves or fittings on the water main with water pressure testing provided as built drawing shall be
submitted providing sewer information including swing ties from building Corners to any sewer cleanouts location of manholes and Sewer invert elevations at building and at each manhole 05 the final certificate of occupancy for the last building shall not be issued until all required site
work including drainage or other improvements including the imperal 40mm poly liner around the entire exterior of the detention Basin to prohibit water from the Basin toward the abutter to the East are completed as confirmed by the site inspector the developer shall request
the site inspection engineer to issue an email to the zoning board of appeals confirming completion and compliance with all requirements under their oversight the developer May request that the zba consider a bond for the valve the value of any incomplete work to ensure that the work is complet in
accordance with plans you've got the different this is the condition where we amended it to install and maintain in perpetuity thank you the poly L modified six 06 the applicant shall install a
tactile strip at the sidewalk Terminus with brickk Road and shall work cooperatively with the traffic advisory committee to install an approv crosswalk to the existing sidewalk on the southerly side of brick Hil Road 7 the applicant shall install some type
of Ballard at the mail Kiosk for pedestrian safety 8 a landscape designer shall provide written certification that the Landscaping has been placed in accordance with the approved plan prior to the issuance of the certificate of occupancy for the final
unit 09 any light trespass from the premises onto a budding properties created by the project shall be addressed post construction prior to the issuance of the certificate of occupancy as may be necessary to limit or eliminate light trespass 010 to the extent permitted by
law and by the subsidizing agency eohc preference for the rental of 70% of the affordable units in the initial Lottery shall be given to a persons or families who are Falmouth residents Andor B the parents of children in Falmouth schools Andor C employees of the town of
Falmouth or those employed within the town of Falmouth the local preference shall be implemented by a lottery agent approved by the zoning Board of Appeals prior to conducting the lottery the lottery agent shall submit a final Lottery plan to the zoning board of appeals and housing coordinator for its approval all costs associated with the
lottery and monitoring shall be exclusively born by the applicant we're again um subsidizing I mean excuse me substituting for eohc Mass housing 011 prior to issuances of a certificate of occupancy the applicant
shall a submit a final executed copy of the property management agreement to include installation operation and maintenance of common facilities to include storm water management B submit a final executed copy of the monitoring Services agreement report to the monitoring agent shall be provided after
initial rental of all units then annually thereafter to the zoning board of appeals and housing coordinator 02 the applicant shall invite the assessor to view the structures as completed I may I have a question uh earlier on uh the traffic
committee recommended a crosswalk is that something that we would condition this with or is it just up to the town to put a crosswalk there back in the findings the traffic committee no that's something we would put in here yeah right so I believe the
wording is that we have uh 06 on page 21 at the bottom yeah I we've um oh IED them to work traffic advisory to get it approved to install yeah you may have
taken a time out I'm sorry thank you everybody all set with that section Mark you good down there I'm all good okay so we'll start with waivers waivers W1 any waiver not requested or voted on by the
zoning board of appeals is deemed denied the board finds that the need for affordable housing outweighs local concerns and votes as follows on waivers requested by the applicant W2 section 2409a of the zoning bylaw allows one single family home per
lot is requested from the requirement to allow to build nine duplex buildings totaling 18 units and two multif family dwellings one with 12 units and one with 10 units totaling 22 units total of 40 units on the property so are we going to I would move
I would move the acceptance or the approval of waiver W2 section 2409a of the F zoning bylaw one single family home per lot I'll second we vote on it now yeah all those in
favor opposed W3 section 240- 111.3 A of the zoning bylaw limits the maximum lot coverage for structures Paving and parking to no more than 40% the waiver is requested from this requirement allowing up to 44.4% of lot coverage for
structures Paving and parking I move the approval of waiver request W3 SE 24 111.3 a of the filet zoning bylaw which limits the maximum lock coverage for structures pavings and parkings to not more than 40% I'll
second all those in favor I opposed none do you want to vote on W1 so you started voting on W2 yeah we did Skip One circling back chairman W1 any waiver not requested or voting on by the F the zoning board of appeals is deemed denied
the board finds that the need for affordable housing outweighs the local concerns and votes as follows on waivers requested by the applicant I move the approval of the statement designated W1 in the waiver section that any waiver not requested or voted by the zoning board of appeals is deemed denied how
about with the exception of exception of lot width at 100 ft when it's actually 97 can we have some discussion mam have discussion about that the frontage is also a problem yeah the front yeah the frontage is 97 and but I mean we can we can just with the
exception of would be sufficient well let's let we don't have to say that till we decide what to do about it yeah that what we're doing now no yeah no we're doing want to discuss it now you want disc no I wanted to discuss well the statement is anything not requested is
denied so no but also I think we have um we have to put it in or voted yes I believe that unless they have a waiver of the frontage which is 95 ft out of 100 required so it's in very small I
that is essential for this project to go forward because if they go to the Building Commissioner and ask for a building permit with 95 fet of Frontage he's going to deny him a building permit so can't we just put in here can we so I would suggest I would my suggestion would be to make a motion that the
board um Grant a waiver of the appropriate section of the zoning bylaw requiring 100 ft that was one of the things I wanted to discuss or to allow the applicant to request a modification the zoning administrator could administratively approve it okay or if
if the board wants to rather I think it's fatal to this project unless why don't we just put it in at at the end of this with the exception of 100 foot blot supon adding
I think he needs to get wever Norine can just do it you want me to just do it administratively if request I think he needs to have a waiver he does have would we be able to give it to him it wouldn't be denied if we said not asking for itn't but I also think he get it if
an appeal I don't necessarily think we want to come back and a full hearing on the issue no you could just go through I no it's automatically denied he's not asked for it but we're saying that he can go get that w by going administratively to the okay administ
fine that way he's it's clean so for the purpose of the record Madam chairman I'll make a motion to empower the zoning administrator to administratively approve an omitted waiver concerning the width uh lot Frontage width to allow under 100 ft as stated in the
application of 95 and whatever it is 95.8 or something I think it's 97 something 97 something yeah do you need a second second all those in favor of Jim's amendment I
I I was wondering how we were going to handle that all right so we're at Coastal Pond we're at W4 W4 section less than five acres and is located in a stabilization area furthermore the Board of Health will require the review and
approval of the title 5 system prior to installation our design also shown in an area in the design plan for advanced treatment should sewer be unavailable in the future and it becomes mandatory that advanced treatment is unavoidable to install does this doesn't this contradict it does it does so we're
going to deny it yeah I'll an AI system now would be cost prohibited I'll make a motion that we deny the requested waiver designated W4 section 247.204420 single family detached homes waivers requested from this requirement to allow construction of 40 units nine
duplex buildings and two multi tenanted buildings I move that no slacking yet Frank I move we Grant the waiver designated W5 of section 2461 B of the phaz zoning
bylaw uh which controls allowed uses in an AGB zoning District I'll second all those in favor of W5 I I oppose none W6 article 23 240- 1111e requires
the developer to reduce the impact where possible for removal of trees with 4-in trunk diameter site design including location of buildings driveways walkways and Grading is such that most if not all trees except those on property lines will be cleared waiver is requested from
this requirement as the landscape plan will provide for new plantings of trees and shrubs I don't know about that when we had that condition about the tree line um I'm I don't know I think that
conflict I think that's conf conflict cuz he there they're required to send us a schematic of their tree line of what's left right where is that in that I'm trying
to int it word in conditions must be in a beginning ones right I don't know if the condition trumps the way Page 20 S11 talks about Landscaping then you talk about trees to
be protected it's just a general statement well I thought it said that they had to report and show you something yeah it says trees be identified trees to be protected and preserved shall be identified in the field and on a plan copy to zoning board
okay CU I really don't want clearcut the the neighbors were very concerned about it I don't want it we've seen it happen in the past where they click right to the line and it doesn't need to happen here they also have a good opportunity here
because all the buildings are set back at least 20 ft from lot lines what what number you on uh page 20 S11 talks about uh landscaping and as you go to the end of that paragraph it talks about tree protection the very
last sentence so I think where they've had the lot line stake it gives them an opportunity to examine which trees are on that lot line and to make sure that those are protected you know many of the times you
have these buildings that are 10 ft off the lot line and they effectively can't preserve trees but here where the buildings are us uh all at least 20 ft off the lot line you have a a better opportunity if there's a tree number
five on page 13 addresses it as well so I guess the question is when you vote on waiver six maybe you're going to split that and maybe you're going to say you're going to allow uh clear cutting with the
exception of the lot lines where they protect mature trees why don't we just refer then with the exception of the conditions in and refer to the paragraph with condition yeah with condition whatever that one was that we read on
page 20 and there's there's one on page conditions Trump yeah absolutely developer reduce the impact where Poss Ru trees with 4 in diameter site design including location building driveways all trees except those on the property lines will be
clear which one are you reading from there is he reading from page 13 number five top of the page oh yeah so that that type there is just
um a copy of the applicant's request so I think for you madam chairman those number 34 and then sub 1 through five we skipped over the reading them because they were specifically requested at the end that's why we it's the it's the same language just list these are the waivers
that they were requesting and we didn't read at the time we just moved them on to the end of the the waivers are essentially appear twice yeah yeah no I think we should refer to S11 on that S11 yeah so that's fine so then you would
be that one there voting that waiver and then specifying okay so then so then we make a motion a motion with I move we approve the waiver requested in
W designated W6 article Roman numeral 23 um 240 111 E 111e um reducing the impact of the removal of trees with the exception of
the conditions as set forth in paragraph S11 of this decision second all those in favor of that amendment I I opposed you guys good down there I have
you have a question go backwards uh to that 95.8 7 or whatever it is in the 100 just here in G7 where the comp comprehensive a comprehensive permit is granted specifically under mgl chapter 40b section
2023 allowing the override of local zoning density there should be no as of right changes made of the subject property any changes requested shall be properly submitted to the zoning board of appeals as provided under Mass mgl 40b so that kind of says that that
Norine can't prove that bring it back to us okay so it would have to come back to us so that how we structured number one is okay doesn't comply with Mass General
law I'm not a lawyer but I get to play one on TV Thursday nights my the cmrs of a 40b that that's all I'll I'll going to defer to the board if the board wants to take
it back for an insubstantial change right and that's can can be done administratively without a hearing yeah and we're only talking less than 5 ft I think that's a DI Minimus I would agree yeah it's not it's well no under the standard of inent of of substantial it's
not talking about increase of over 10% it's it's none of the it is it is insubstantial yeah yep did we vote on that yet no no you want a motion no I think Frank did the motion right I did the motion on on W6
we didn't vote all those in favor of W6 do are you all sat down there mark on that motion uh yeah I'm still a little cloudy but yeah sure I'm not going to fight about it all those in favor all right so then I would move the
other findings and conditions and Jim would do the final wrap up that sounds perfect is that how we're going to do it sure okay I move we uh approve and accept the findings
um of the proposed comprehensive permit um designated as paragraphs one through Lots 34 um as amended by the bo vote of the board at this hearing tonight which
includes paragraph three paragraph 6 paragraph um 12 R um had 21 tree removal bullet point 21
um 21 bullet point you're right the first bullet point in 21 and then um 20 we didn't amend 29 or 30 but no um so that okay that's what it was any are there any other ones no I think that's all of them we talked about
others but we didn't amend them I just don't remember noren had any you have any other BR set okay we'll vote on that separate yeah findings not separately but I just did a motion to include all findings one
through uh 34 except as amended by vote of the board at the hearing tonight and then I identified the paragraphs that we amended second all right all those in favor of Frank's motion what he said wa
I I opposed n all right conditions I move that we approve conditions designated General and being paragraphs G1 [Music] through
G 26 with the Amendments approved by this board at the hearing tonight including paragraph G 8 and paragraph
g26 second and do we did we add we have to add for the other two car garage that was G8 G8 okay and is it clear that g26 is option b yes okay
yes all right well okay I'll amend my motion to suggest that the amendment to g26 was the adoption of option b okay all right we're going to vote on them
separate no okay keep going then well no we got to vote on the got vote on that category General yeah all right General he made his motion I'll second it did anybody else second it no I'll second it all right those in favor of
the general um conditions I I oppose none I move the exception excuse me I move the approval of the conditions uh designated prior to site
work Ching paragraphs S1 through s S1 yeah um and I do not find any amendments we we eliminated the developer shall establish S6 S6 last
sentence was last sentence was eliminated yeah and we added Town observe to S1 oh yeah all right are we catching any other Mass housing ones that we have to change to while we're do this uh those are in the
next group okay all right um I'll make a motion to accept all prior I did oh you already made it I'll second all those in favor to prior to site work I I oppose none I move that
we approve the conditions uh designated prior to building permit and being paragraphs B1 through B6 uh um with the uh Amendment approved by the board tonight to paragraph
B4 I'll second all those in favor of the prior to building permit I I I oppose none I move that we approve the conditions designated prior to occupancy
permit and being paragraphs 01 through 02 um with the amendment approved by the board tonight at the hearing tonight in paragraph 05 that's what we talked about the
poly and 01 Oly ler and o1 oh yeah the Mass housing Mass housing right okay I'll second that all those in favor of the occup prior to occupancy permit I
I None opposed and then the waivers we have voted already so we can just take it away wrap up so Madame chairman I will make a motion to Grant a comprehensive permit under Mass General Law chapter 40b for the development of
85 prick Kill Road assessors map 34 section 05 parcel 007 lot 0000 fou Mass the premises to construct 40 units throughout nine duplex buildings and two multi-unit buildings one building containing 10 units and one
with 12 units 10 units of which shall remain affordable in perpetuity as provided herein based on the above stated findings and with the previously voted stated conditions and waivers second there you go we have a motion in a second all those in favor I
oppose none good job guys all right moving on to our agenda everybody ready to move on onlyy administrator update so you had the week off huh you've had enough of me
that we have um board discussions discussed out what's for dinner and that the still may get in the playoffs uh board updates I have one thing Madam chairman um I will not be here on March 27th I will be out of
state at a training conference so make sure that our uh one of our alternates is here and ready to go four to one Senators oh no sorry I brought it up uh any anybody else for any board
updates future agenda items okay Mark take it away here you go all those in favor all [Music]