zoning board of appeals. Um, please silence all cell phones and note that this meeting is being taped by FCTV. If there's any private party recording this hearing, step up to the podium to request permission. And I will introduce the board and the staff. On my far right
is Mark Fineran, a voting member. To my closest right is Frank Duffy, our clerk. My name is Suzanne Murphy. I'm chair. To my left is James Mos, vice chair. And then we have our two associates, Tony Patucci and Nick Haney. Then we have Noren Stockman, the zoning administrator, and Ashley Dlo, office
assistant. The zoning board of appeals is charged with applying the state zoning statutes as well as the town zoning bylaws in reviewing and voting on applications. All decisions are made through the public hearing process. Our goal is to hear testimony from the applicants and the public and to allow a
full and fair discussion of the project prior to closing the hearing process and reaching the decision. Number one, to begin each chairing, the clerk will read the public announcement for the hearing and read pertinent information from the file. Two, the applicant or the applicant's representative will then have 15 minutes to make a presentation,
but time may be extended by the vote of the board. Three, the board will then question the applicant. Four, the public will then be invited to comment. Comment should be limited to two minutes and be strictly strictly related to the proposal. All members of the public wishing to speak should wait to be
recognized by the chair. Come up to the podium, state your name and address for the record. Speak into the mic. It will not amplify your voice, but it will record audio for the FCTV viewers. And before we take the first application, if there's anybody that wants to make a
public comment about anything that's not on our agenda, you're welcome to come up and tell us what you think. Anybody? We're all set. So let's move on to the the night at hand. We have our first hearing is 01226
101 striper. >> Okay. This is application number 12 of the year 2026. Paul Kirker and Lynn O'Brien have applied to the zoning board of appeals for a special permit pursuant to section 2401.3A4
of the Falma zoning bylaw to expand the first floor and construct a second floor addition thereby exceeding lot coverage 20% lot coverage by structure. Um the property is located at 101 Striper Lane
in East Falmouth. So some of the details for the property, uh it's in an RB zoning district. It's located in the Great Pond Coastal Pond Overlay District. It's also located in a search and rescue overlay uh district
and a nitrogen sensitive area. Uh the flood zone is designated X. The existing structure is a three-bedroom single family dwelling 1957 square ft. The proposal is to increase it to 2,16
square ft. The lot size is 10,000 square ft. Current requirement is 40,000 square ft. The lot frontage is 100 which conforms to zoning. Striper Lane is a private right ofway at this particular location. The um existing lot coverage
by structure is 19.57%. It will be increased to 21.06% and they need this because the limit is 20. They need the special permit to exceed 20. Lot coverage by structure parking and paving is 20.35% will be increased to 27
22%. The limit is 40. So they're within the limits of the zoning bylaw. the setbacks on the property. It currently conforms to zoning um in terms of setbacks and there'll be no new nonconformities in terms of
setbacks. Um engineering has given us a um referral uh to contain storm water runoff on the property and to uh include soil erosion
and sediment control practices in the permit. The board of health um has has advised uh that there's a cesspool in the property which has to be protected during construction and they should take care to not not damage it. Conservation
has no comment. Uh the water department recommends an upgrade to 1 in PE. Building, no comment. Fire, no comment. There are no letters in support or opposition. >> Take it away. >> Good evening, Madam Chair, members of the board. For the record, my name is
Kevin Clower and I'm before you this evening representing Paul Kirker and Lyn O'Brien, the owners of 101 Striper Lane, both of whom are here with us this evening. Uh, as Mr. Duffy noted, they're seeking permission to modify the existing dwelling, which will result in lot coverage by structure of 21.06%.
So, 101 Stripers located in Great Harbors, which as this board knows is a dense residential neighborhood. Uh, this property is a lot of 10,000 ft, which is very typical for the area. In fact, most lots are of that size. Uh, it's located in a residential Bzoning district and it
is not in a flood zone. Presently, there's a three-bedroom, one-story single family dwelling with a footprint of 1,957 square ft. It is conforming to setback and law coverage requirements. The applicants have owned this property for the last 12 years, uh, but have had homes here in Fmouth for most of their
lives. Uh, they're in the process of making this their full-time residence and they require some additional space. So as such they proposed some modifications to the building. Um the applicant proposal does not create any new dimensional non-conformities and exceeds all setback requirements. The
front yard setback will remain over 25 ft. Sideyard to the east will be 17 1/2. Sideyard to the west will be almost 18 and the rear yard setback is 25. The lock coverage by structure will increase to 21.03%
which is allowable by special permit. Block coverage by structures paving and parking will be 27.22 which is well below the 40% allowed by right and a proposed height of the ridge height will be 29 feet 9 and 1/8 in. Due to the proposed lock coverage by
structure, this does require a special permit pursuant to 240 11.3A4. Under that section, this board may allow lot coverage in excess of 20% by special permit. And you're asked to consider this uh size and height of the structure in relation to the neighborhood, the
effects of shadow, impacts of views and vistas on public from public ways and the effect of nitrogen on coastal bayments. In this case, there is no view impact of views and vistas from public ways. Uh Striper Lane is a private way and does not affect any viewheds. As to size and fit with the neighborhood, we
did submit a lot comparison worksheet looking at 35 properties within a 300t radius. While larger than some of the nearby homes in terms of gross floor area, it's very close to the average in terms of footprint and it is in line with the character of the neighborhood. There's no change in the effect of nitrogen. If anything, there's an
improvement. Um the existing three-bedroom home is served by a cesspool which is going to be emptied and removed and there's a new title 5 system being installed. Uh there's no change in the number of bedrooms which remain at three. So that's I think a pretty dramatic improvement there. Beyond that, this meets the requirements
at 240 12.1E. site is adequate, suitable for the proposed use. It remains a single family dwelling, same as at present. There's no increase in the number of bedrooms. There's no change to wastewater. There's no impact on traffic flow and safety. It's the same uses at present. Uh proposal improves the appearance and functionality of the
house and won't adversely impact the views and distance from public ways and our adequate utilities servicing the property. The threshold question for any special permit is, is the proposal substantially more detrimental than what exists? Uh in this case, the proposal represents
a significant improvement over the existing conditions for the applicants. There's no new dimensional non-conformities and no adverse effects over balance the benefits that we've outlined. In short, there's nothing about this proposal that is substantially more detrimental than the existing structure. I believe this meets
all the requirements of 240 11.34 and 240 12.1E. For those reasons, I would ask that the board grant the special permit, but I would be happy to address any questions that you may have at this time. You got any questions? >> No. Uh um actually I I think it's it's
all quite very nice and I think it uh the finished product is uh kind of attractive and they even went a bit out of their way. Uh no, I have I I don't see any downsides to any of this.
>> I have a couple of questions. I just want to clarify a couple of points. Mr. CL, of course. I saw your um your worksheet on the lot coverage by structure, but I didn't see an average. Was there one on there? >> I thought so. >> Yeah, there's one in the folder sheet. >> I saw one.
>> What is it? Cuz I didn't see it. >> Average is 19.54% for the area. I didn't label it as average, but it is there. >> Okay. It's probably why I didn't see it. Um and then uh would you clarify again the height of the structure which uh 29
ft? >> I have 29 feet 9 in 9 and 1/8 in. >> Always get that 1/8 of an inch in there. >> Let's be specific. >> Yes. And you're going to replace the ces pool with a title five. >> Correct. >> Thank you.
>> Cess poolool's going to stay. >> Cessible is leaving. >> Oh, it's leaving. >> New title five system. >> I I had the height question too. I couldn't find it on there. >> I had to do a little math because it measured to the top of the foundation and then I added to the to the garage slab.
>> That's all I have too. Jim, >> uh Mr. Duffy address the average. Uh I have the same question. I The rent station is being removed and not replaced. >> Party of the plan. >> No, it's proposed rent station is shown. Um
>> all right. I just I was kind of scratching my head like are you sure? Right. No proposed rent station shown in the plan. >> Okay. Um >> um never seen bathrooms, two bathrooms right next to one another. Is that just a shower in bathroom number two? The one on the right hand side. >> Would you mind directing me which page
we're looking at? Um, circling. >> I'm not I mean always concerned about additional bedrooms, but I'm not going to I'm not opposed to this project, but >> I I don't know that there's any real rationale other than you have, you know, the office bonus room on one side and the bedrooms on the other and >> I don't think you ever have too many
bathrooms in a house. >> It's cuz you got too many kids. >> You have too many kids. >> Standard title five, not an IIA. >> It's designed to accommodate a title five, but it's not required. It's not required to go to denied system at this point. >> No, >> it's architecturally very nice and I don't see any red flags. So, thank you.
>> Tony, you're at that. >> Uh, all questions asked and answered. Very, very nice project. >> I can have anything. >> I'm all set. >> You good? Any further questions up here before I go to the public? Anybody from the public want to comment on this?
>> Oh, don't be shy group tonight now on me. >> They can be shy. Okay, we'll battle it out. Anybody uh want to make a motion for me? >> I make a motion. >> We're all set up here. >> I'm all set. >> Okay, we'll close. >> Yes,
>> I'll make the motion. >> I did. >> You made the motion to close. I'll second. >> Motion, Mark. Second, Jim. >> All those in favor? You're all set >> for us to close? Okay, we're all set. All those in favor? >> I oppose. None. >> Make a motion to approve with
conditions. We have a motion to approve of the conditions. >> Second, >> and a second by Frank. >> All right. So, I'm going to amend the findings, excuse me, uh the facts which I read. We now have on record that the uh lot coverage by structure average in
the neighborhood is 19.54%. The height of the structure will be 29 feet 9 and 1/8 in. There'll be a new title five septic system and we had no public comment at the public hearing.
So um under section 240 11.3A4 in an RB district, the lot coverage by structure may exceed 20% to a maximum of 25% by special permit from the zoning board of appeals after we consider that
the size and height of the proposed structure relates to the size and height of existing structures in the neighborhood. There's no adverse effect of shadows on adjacent property. There's no adverse effect on dues and business from a public way and uh the uh title
five septic system covers the nitrogen on coastal inment situation for special permit section 240 12.1E of the Falma zoning bylaw. We're finding that the proposed structure will not be substantially more detrimental to the neighborhood than the existing
structure. Taking into consideration we find that the site is adequate for the proposal. The site is suitable for the proposal. There's no negative impact on traffic flow and safety. Uh there's no negative impact on neighborhood visual character. There's adequate sewage disposal. There's adequate utilities and
there's no in negative impact on the supply of affordable housing. >> Any further findings? >> Yes, please. Testimony is assessible be removed. uh title five standard title 5 is being uh added testimony from the applicant that
there is a reserve area if I becomes mandated at a later date uh that the project will bring the property into conformity with the zoning bylaw by virtue of the special permit there are no new nonconformities that's it
>> I think that's it too yeah thank you >> everybody all set >> all set to vote All those in favor? I oppose. None. >> Thank you very much. >> Enjoy. >> Good project. >> You voting. >> We're switching off.
>> Oh, conditions. Did you have any conditions? >> Move to re reopen hearing >> reopen. We did mess up. It was too easy. All right. Conditions. Let's find my condition. Work hours. Um, Monday through Friday, 7 to 4 is it?
I have to get my paper out. >> Um, >> 7 to 7, isn't it? >> What? >> 7 to 7. >> Is it 7:00 to 7:00? I don't have my papers. >> Monday through Saturday. >> Um, >> Monday through Friday. >> Monday through Friday. Saturday. No Sundays, no holidays >> until 4 on Saturday.
>> Until 4 on Saturday. >> Upgrade the water man. >> Yeah. Relocation of water man. That's what it said. relocation of water mane. Um, all per plans, all boards.
Um, no further structures. >> No, they could. Yeah, they're they're only going to 21. They have to get they'd have to amend the permit, though. >> So, this one can say no further structure. >> It say it says there may need to be relocated outside the layout uh for future potential repair. And it does say
that it should be upgraded to a 1 in. It it I thought it said that the the regular line was under the addition. >> It it says the service may need to be relocated outside. >> What's the referral say, Madam Chairman? >> So, let's just May may >> say May. >> What do we condition is may be
>> to May. It's a may. Okay. Got it. No. Shall >> uh can you think of any other ones? Norin? >> I think that's it, right? >> Uh construction to be remain on. >> Oh, on. Yeah, they'll probably need police there. We may need to work with
the police to come up with a traffic mitigation plan. >> Yeah, I think that's it. Sorry. Now we do. We have to motion to close the hearing again. >> I'll move to close. >> But we open conditions. >> Add the conditions. >> I'll move to close and approve as
amended with conditions. >> I'll second. Did you get that? >> Yeah. >> All right. I think we're good finally. Sorry. >> Really? Well, >> boy. Now we won't jump the gun anymore now, will we? >> We've been off for three weeks. We're We're rusty. >> Thank you guys. >> Thanks.
>> Vote. >> All those in favor? I >> I oppose. None. Really rusty. >> All right. Getting back. Um we have 01326 34 Bonito A.
>> Okay. This is application number 13 of 2026. Uh Donald W. and Nadine Hill have applied to the zoning board of appeals for a special permit pursuant to section 2401.3A4 of the Falma zoning bylaw to construct a
single family dwelling and there are exceeding 20% lot coverage by structure. The subject property is redesated as 34 Bonito Avenue in East Balmouth. The property is a
uh it is in an RC zoning district. It's in the Bors Pond coastal pond overlay district. Uh it's a nitro nitrogen regulated area. The flood zone is X. Uh the proposal is for a four bedroomedroom
single family dwelling on the property. There's no previous zoning board of appeals decisions relative to this property on file. The lot is 11,54 square ft in a zoning district which currently requires 40,000 square feet. The street frontage is 100
ft in a zoning district which currently requires 100. So, it's right on target. It uh Bonito is a public right ofway at this location. The proposed structure will um cover the lot cover 24.79%
of the lot. Um the limit is 20. So they need a special permit to exceed the 20%, the maximum we can grant is 25. The average lock coverage uh by structure in the neighborhood is identified in the worksheet at 17.46%.
Lock coverage by structure parking and paving uh will be 32.9% in a uh 40% as a limit. So that conforms. There are no uh setback nonconformities cuz there's no structure on an empty lot. The uh height of the
proposed building will be 29 ft 6 and 78 inch. We have referrals from engineering. They request that or suggest that a driveway permit may be required that storm water runoff be contained on the property.
um that erosion and sediment control um conditions be be included in the conditions. And they also note that uh it's possible that when this lot was clearcut, some trees in this public rightway may have been removed and we're
going to ask the applicant to address that during his presentation. Uh the board of health has advised us that an IIA system has been proposed. Conservation has no comment. The building department requests that we condition this permit if if granted to certify lot coverage by structure
because they're so close to the 25%. Planning board has no comment and we have one letter in support of this application in the file. >> Take it away, sir. >> I'm Don Hill. I'm the owner of the property. Um I'm not going to review the
whole entire thing like he just did because I don't have that in front of me. I'm just here to answer the questions on for the board. Um, as far as the waste for the water coming off the driveway, um, we just actually had it redone and it just came in today from
uh, BSS with a drain in front, tank in back, so it won't dump onto the street. >> Are you submitting that to the record or is that your only copy? >> I just got it. Yeah, this is my original
copy. So, I brought it with me. Um, if you'd like to take a look at it. >> What? I couldn't hear. >> You want to upload it? >> Upload. >> Sure. >> Yeah. >> Yeah. She can just email it to them. >> What's that?
>> You can just email it. >> Oh, them. >> She want You said you want upload. >> Okay. I don't like I said there's only one copy so they all can't see it. Should Can I just pass it to you? >> We can just share it and then give it back to you too
>> cuz you should have the copy if there's only one. >> So this is the >> this is the new um So right here, see it right here. There's a drain and this is going to come right over here. >> The fir madam chairman through you the
rest of the board. I think we can condition based on the representations and just request that that be submitted. >> Yeah, she's going to the applicant said they would upload. >> So, I had gone to the DPW for that situation and they were the ones who advised me of that.
>> Okay. >> Or you could come and make a copy in the office and then they could have we do want one in the files. >> Yeah. Okay. >> All right. So, any questions that we have? Mark, do you want to start off? >> Yeah, I know. I have none. It looks
pretty straightforward. I mean, uh, using their lot right to the max. God bless them. >> Yeah. >> Well, the, uh, engineering referral mentioned that there may have been trees removed from the public right away. >> I don't know anything about that. Do you know anything about that?
>> I do. I do. So when we first had bought the lot that's that lot's been in my family for 70 years. The property that's abuts the entire back of that street belonged to my grandfather. That was an easement lot
that we owned I purchased from my brothers. The first thing that I noticed was the trees were hanging in the street and all the people had to go around the trees. So I had called the DPW and I said, "Listen, this is a hazard. It's on my
property." You know, a lot of it was on my property that was hanging over. So they came down and they cleared, you know, back like 6 feet. So there should be a record of that in the DPW that I had called and had them come out and
clear that. >> So it's cleared by the DPW. It was that was I want to say that was last November. And I just want to say that when we first >> were proposing this house, I went to
each and every neighbor >> and showed them the renderings of the property, >> what was going to go on there to scale everything. I know a lot of the neighbors from growing up because it's my grandfather's property. So, I knew them all anyways.
And I just wanted to before we even went through this process, I wanted to make sure that they were okay with this. We tried to keep it a cape, which was all capes in the neighborhood. We tried to make everything, you know, conforming to them. And like I said, I I approached
every single one in the neighborhood, all about within two houses and and told them what we proposing. And I said, "If you have any problems, let me know now before I start this process." >> Wow. >> And everybody else was I actually have one of the neighbors loved the design so much they own a lot behind the house.
They want me to build the house behind that one. >> There you go. >> So, everybody was, like I said, everybody was for it. >> I appreciate you doing that. We try to encourage people. >> I'm a builder time. Yeah. No, >> so I understand the process and I
understand how people feel. I also asked them about is anybody, you know, we can start at 8:00 in the morning if that's if you you're a person that sleeps late. We don't want to bother with people. We'll we'll start later. So, we we we
like I said, we tried to >> be nice. >> Be nice. >> I like that. >> We tried to be nice. >> I like that myself. Any questions for you? >> You have any questions? >> Starting with me? >> Yeah. Well, these Oh, we're we're bouncing all around. Uh,
>> did you already go? >> Uh, yeah. I asked about the trees, >> right? That's what I thought. Yeah. >> Uh, so you're going to 24.79% lot coverage. You realize you can't add anything else after that? >> I do. I spoke to the building inspector a year ago. He was the one who advised me to try and
go to 25. He said, um, it's going to be difficult to do something later on. He said, you're better off to try and do it all right in one shot. I like the shed. He said, "Put the shed." >> Thank you for adding the shed because that's usually what happens down the road after a project like this. >> So he said, "Put the shed in. Put
everything that you can think of in." >> Right. Yep. >> Good. >> Uh thank you for an IIA septic that uh you know, nitrogen is a big big issue in town. That makes it's a big check for some people on the board. So uh looks very nice. Thank you for working with your neighbors. I know that there is at least one letter in support. Uh makes it
a lot easier for us when there's no opposition to these hearings. So thank you, >> Tony. >> Very nice project. I have no questions. >> Okay. >> You all set down there, Nick? >> I'm all set. >> All right. All set to go to the public. You're >> welcome. Here. >> Anybody from the public want to speak on
this? >> Nope. And don't forget that copy. >> Okay. Thank you. >> Um I think we're all set. Anybody have any further questions? Norine, you have anything? >> Should we close, Madam Chair? >> We have a motion to close. >> I'll second.
>> And uh Jim seconds. >> You're all set. >> Okay. You're all set. >> I am all set. Yes. >> All those in favor of closing. I oppose. None. >> We can make the motion if you'd like. >> Make a motion to approve the conditions.
>> We have a motion to approve them with conditions. >> Second. >> And a second with Tony. All right. Frank. So to amend the u the facts read at the beginning of the um hearing uh the applicant has produced uh an
additional plan showing uh how he's going to contain uh waste storm water runoff on the driveway. Um he's identified he's answered the question from the engineering referral about trees being removed from the public right ofway by informing us that
at his request the DPW removed certain trees that were overhanging into the street. We also had no public comment at the public hearing. So under se this is a special permit now uh under section 2411.3A4
of the Falma zoning bylaw which allows in an RC district a maximum of 20 25% lot coverage by structure by special permit from this board >> when we determine that the size and height of the proposed structure is relative to the average uh size and
height of neighborhood structures there's no ne >> no excuse me no impacts uh by shadows on adjacent property. There's no uh impact on views and vistas from public ways and the uh nitrogen and
coastal embainments is handled by a proposed IA system for purposes of a special permit uh under section 24012.1E. We determine that the proposed structure is not significantly more detrimental to the neighborhood than the existing uh structures in the neighborhood. We find
that the site is adequate for the proposed use. It is suitable for the proposed use. There's uh negative impacts on traffic flow and safety. There's no negative impacts on the visual character of the neighborhood. There's adequate utilities. There's
adequate sewage disposal. And this will not affect the supply of affordable housing. >> Any further? >> I'm just going to bolster up the revised plan if that's all right. Uh Madam Chairman, u applicant provided a revised
plan. Date of plan is 21026 revisions of 33026 and signed by Mike Brcelli uh cert registered professional engineer date of 33126 that will be the plan that the board has considered
as per and will be conditioned uh we can condition that has to be submitted. >> Yeah, I wrote that down. Yeah. >> All right. So any other findings or you have anything? I think we got everything. Yeah.
>> Did we cover? I'm sorry. No opposition to hearing one letter of support. >> We did that. >> Yep. Yep. >> Y >> conditions >> per plan of 21026 revised 33026 and signed by Mike Rouselli 33126.
Uh plan to be or copy of plan to be submitted 7 days enough time. Let me >> tonight. >> Tonight. >> That's not qu That's not quick enough. >> Within seven days. >> And then where we want for the standard ones, Madam Chairman?
>> All all Yeah. Yeah. The asbuilt >> for lot coverage by structure, >> right? >> You need as built for the lock coverage. >> Um it says in the file that Treewood needs to sign off though. >> I didn't think it had he had to sign
off. >> It might say May again. I don't know. Put it down if he if >> may the tree warden he may need approval from the tree warden. >> I think engineering suggested that it had been referred to the tree warden. So
>> I'm sure they'll check it out and figure out. >> We just need a sign off. That's all we need from the tree warden. >> Um you did the copy of the the driveway. Um no further structures. Oh, times
are Monday through Friday, 7:00 to 7:00. Saturday 8 to 4:00. No Sundays, no holidays. Construction vehicles must be located on the lot. You probably Well, you probably have extra room up there with all your relatives. So,
>> seven acres that acres cleared. >> Um, I can't think of anything else. Did we do we did all boards? Yeah, I think we're all set, right? Think of anything. >> All right, we have a motion.
>> Yes, >> did a motion in a second. Everybody's all set. All those in favor? I oppose? None. >> Great. Good luck. >> Thank you. >> And thank you for going to your neighbors. I appreciate that. >> All right. Next at bat, let's see. We
have 01426 uh zero comequid road. Okay. This is application number 14 of the year 2026. Brian F and Kimberly A. Dalia have applied to the zoning board of
appeals for a special permit pursuant to section 240 11.3A4 of the FMA zoning bylaw to construct a single family dwelling exceeding 20% lot coverage by structure. The property has no numerical address but it's lot 203. It's at the
corner of Kquwood Road and Sham Avenue in North Felmouth. Um, for further information, uh, we're in an RC zoning district. Uh, there's no no noted overlay district
on the plan. Uh, flood zone is X. Uh, this there's a proposal is for a single family dwelling of 2,41 ft. No previous zoning board of appeals decisions. The lot is 9,850
square ft. Current requirement is 40,000 square feet. The street frontage is well I'm going to tell you there's there's two streets frontage. Uh on Kamquid it's 53.89 ft. On Sham it's 132.39
ft. It's a corner lot. Um 100 feet is required by the zoning bylaw. U Kquid Road is a private right of way at this particular location. And the proposal is for a structure having lot coverage by structure of 24.9%.
The limit is 20 but we are allowed to give you a special permit up to 25%. Uh the structure parking and paving will be 20 32.3%. The limit is 40. So that's fine. The lot coverage by structure according to the
worksheet in the file is 17.3%. Um the uh setbacks, there's nothing on the lot to report as far as setbacks, but uh the existing the proposed structure will conform to all existing setbacks of the zoning bylaw. The height
of the proposed structure according to my information is 28.1 ft. We have a referral from the building commissioner saying that he has designated Kquid um road as the front yard. uh he's allowed to do that where there's a corner lot.
Engineering has advised us that storm water runoff should be contained on the property. Uh they've also noted that they consider the location of the driveway to be unsafe because it's too close to the corner of the two converging streets. Uh and also that we
conditioned the special permit uh with soil interro soil erosion and sediment control. I didn't see any other uh referrals in the file. Were there any? >> I didn't see anything. >> No. >> We have four letters in support of this
uh application in the file. None in opposition. >> Hey, Tony, you're in on this one. Okay. >> I >> You just voted on the last one. >> I just You just did on that one. Okay. It's you. I get We're going too fast today. Mark, you want to start off? >> Uh yeah.
>> Should I present first? Yeah. Oh yeah. >> Oh yeah. I am like so rusty. I >> You guys want to go? I mean, listen, if we're we're if you're good, I'm good. >> I know. I am rusty. I apologize. >> Too much time off. >> Uh good evening, Madam Chair, members of the board. For the record, Kevin Clower.
I am before you representing Bryant and Kim Kimberly Dalia, the owners of Zero or lot 203 Comeid Road. Um they're seeking permission to construct a new single family dwelling which will have proposed lot coverage by structure of 24.9%. So this property is located in the
neighborhood just north of Old Silver. I'm not quite sure what to call this neighborhood. I'm just going to call it >> just north of >> just north of Old Silver. Um need need a catchy acronym like uh you know slightly north abroad. Um but uh the lot is 9,650
ft which is fairly typical for the area. As Mr. Duffy noted it is a residential CZ zoning district and it's not in a flood zone. Presently, this is a vacant parcel uh corner of Shami Road and Kwood Road and we're proposing a new two-story four-bedroom dwelling with a proposed
ridge height of 28.1 ft which would be compliant with all setback requirements. Um, as was noted, there was a front yard designation uh made by the building commissioner setting Koquid as the front yard for zoning purposes. Copy of that signed letter was included in the application. Uh with that determination,
the proposed front yard setback is 34.2 ft. The sideyard setbacks both exceed 11 ft. The rear yard setback is 34.7 ft. Proposed lock coverage by structure is 32.3 ft, which is conforming and well below the 40% allowed. And the lock
coverage by structures is 24.9% which does require a special permit pursuant to 240 11.384. Under that section of the bylaw, lot coverage above lock coverage by structure above 20% may be allowed by this board by special permit. And you're asked to consider the size and height of
the structure in relation to the neighborhood effective shadow on adjacent properties impacts on views and vistas from public ways and the impact of nitrogen on coastal payments. Uh again in this case there's no impact of views and vistas from public ways because both Shami and Kumwood roads are private. uh as to the size and fit with
the neighborhood, we did submit the lot comparison worksheet looking at uh again in this case 35 nearby properties within a 300t radius and I think as that shows it's not out of character with the neighborhood in terms of either gross floor area or footprint. The applicant is proposing a fourbedroom
nitro wastewater system which is a denitrification system in accordance with the board of health requirements. We did receive the referral from engineering noting their objection to the driveway. Uh in response to that I would note the following. Um this is a very quiet private way which is an
unfinished dirt road comic way that is uh with very little traffic. The plans have been reviewed by the building commissioner. The driveway will have full view of both roads. Uh and a proposed location provides separation from the driveway at 5 kmquid uh the property just to the south which is
located right on northerly property line of that abiding parcel. We believe the driveway as proposed is appropriate and certainly allowable. Uh beyond that this meets the requirements of 240 12.1E. This uh the site is adequate and
suitable for the proposed use. It's proposed single family dwelling which is a byite use in this district and similar to the entire neighborhood. Uh the wastewater uh has been addressed by the by the deidentitrification system which is in accordance with the health standards. There's no negative impact on
traffic flow and safety. Uh the proposal is in character to the neighborhood with no negative impact on views and vistas from public ways and there are adequate utilities servicing the site with no adverse effects on public ways uh on public services. Dier's proposal is a buy use in a residentially zoned
district which is in conformance with the neighborhood and supported by the abutters. There's no adverse effects here which overbalance the benefits that was outlined. Um I believe this meets all the requirements of 240 11.384 and 240 12.1E. For these reasons, uh, I would ask that the board grant the
special permit, but I'd be happy to address any questions that you may have at this time. >> Want to start down this side? Shake it up. >> Uh, the So, the the driveway is right there in the corner. >> Yep. >> Which is not dissimilar from a number of other properties right in this area. Uh,
right in the property in the corner of PMT and Sham is located in almost an identical area. And, um, part of the rationale for that is if you look at Um this is the location of the driveway at the abuing property to the south which is just up against this property
line. So moving it up here separates it from that driveway. You really don't want two driveways nestled together in that sense. >> And so that's on and the front edge is on. >> So our designated frontage um >> come
>> is this area here on the designated frontage front yard for zoning purposes. Okay. All right. That's all I I got for now. >> Thanks, Tony. >> What is the measurement of the frontage that's designated as
>> um >> 43? >> Well, it's 53 feet on Kquid and 132.39 on Sham according to >> Yeah, we brought it up to the corner here. So, it's um 32 plus, you know, it's probably in the range of 70 some
odds. And what's the requirement? >> Well, minimum frontage for a lot to be >> current minimum frontage is 100 ft. Uh but this lot one predates that requirement and two um the requirement at the time the lot was created was only
50 ft which is the frontage that was provided and has been designated as a front yard. >> Good project. I have no questions. More questions. Okay. I was going to conduct rigorous cross-examination till I saw the larger plans and then realized, oh, there is a
second means of egress to the basement. Just kind of freaked unpermaned apartment. But with the second egress, I had no questions. Architecturally, it's very nice. So, thank you. >> Do you think since it's so close to the curve, it should be clear around the driveway? >> I I think the intent is for it to be
clear. I mean, they're going to clear the front the the trees and uh shrubs from around the driveway. So, you'll have full if you were backing out of the driveway, you'd have a full view of both Shami and Kamquid. >> And people coming up from that house can
see the driveway. >> Yep. >> I just didn't know if we should condition to keep it clear for sight. >> I mean, they're going they're going to whether you conditioned or not. >> Okay. I just was worried about the safety part of it. That's all that's all I had. Frank. >> Well, when I went out to my site visit,
I was concerned about the engineering referral uh mentioning the unsafe location of the driveway, but I was out there for over 5 minutes walking around and not a single car went past. This is practically a dead street, so I'm okay
with it. >> I have nothing. Um that's looks like a good project to me. I did the same thing. I mean, I I believe there's plenty of sight line provided they don't go blocking it up with trees or edges. And I don't see why anybody would do
such a thing. So, uh, I'm all good. >> Good. >> Easy week for you guys. >> Go buy a scratch ticket on the way home. >> Yeah. Hello. >> You guys all set before we go to the public? >> Yep. >> All set for the public. >> Anybody from the public want to come on up?
We didn't know we had to submit anything. >> We need your name and address, please. >> I'm Heidi Diovani and this my husband. Oh, I just saw you on the >> and we live at 24 NSET Avenue East. So, we abut this property that has been
vacant obviously with lots of trees. It's a beautiful lot. Um many of us questioned that it was even a buildable lot. And so we have neighbors on three sides. So this is the corner lot that abuts us and it's a beautiful treed lot
as I say and uh so you know we hate to see all the trees knocked down. We don't know if any can be saved at all. Um that's one thing and also we've lived on our property for 10 years. we renovated
uh 10 years ago and um we could not exceed the 20%. Our house will be much smaller than theirs. Um there is a zoning law in towns but it seems like a lot of people exceed that >> and so there's the fairness or or
injustice of it all that um brought us here today. And while, you know, we'll be good neighbors and, uh, we look forward to meeting our new neighbors, um, we feel that we didn't want a house quite as big, um, kind of towering over
us. Um, the regulations are for 1,930 square feet and the plans are for 2,41 square ft. So that's 471 square ft bigger increasing the square footage of
the size of the house by 25%. So that to us is significant. Um and so it's the size of the house that we're opposed to and also clearing. We don't
know by regulation how many of the trees can be saved, but it right now we sit in our backyard. we have birds in the trees and it's a beautiful lot um as it is. So, we hate to see all the trees being knocked down. So, I don't know what the regulations are as far as that concerned
if any of them can be saved along the property line. Um you know, we've noticed the markers in the lot itself and um it is quite a project. So, and um many of our neighbors are summer residents. So, that's probably why
they're not here. Um and it it directly affects us. That's why we are here because instead of a beautiful treed lot, we're going to see a big house, which is, you know, they have every right to build. Um but we're opposed to
the the size. >> Okay. Thank you. Kevin, will you address the trees for me? >> I'd be happy to. I'd try to at least um just looks like it could, you know. >> So, they actually show a retention of a
number of uh uh foliage. I don't know how else to describe it. Number of the existing trees. They don't itemize the trees, but this area, this is the edge of clearing shown about let's call it eight feet off the property line. uh happy to preserve this as as much as we
can as well as an area along this property line which I believe is Miss DGI. Um we can't have it go much further than that because that where we get into the septic area. You can't really have trees growing above a septic. It's it's not great. Um but you know by testimony I'm
happy to refer to state to you that they'll work to preserve as much of that um buffer area as they can. Um, you know, I don't >> good if you could get down as far as you can towards the septic. >> Yeah, I think I think that'd be happy to do that. >> Septic havoc. >> Yeah. And and and just speaking with Mr.
Dalia, he has no issue with that. I don't know how you could appropriately condition that other than finding by testimony that we've given that as a representation. Would >> you >> um and in response to what the other comments by Mrs. Diviovani I would just say that the lock coverage by right is
20% and there is a a pretty straightforward process by which this board can allow lock coverage in excess of 20 20% up to 20 25%. Um it's not a matter of injustice or um uh you know impropriy. It's just a matter of going through the process which is what
exactly what the applicants are doing tonight. >> You got to talk to the neighbor here and get the same 25%. >> Yeah. And um I I would note that we have spoken to a number of the neighbors because you've received four letters of >> Yeah, we did get four letters in in favor. Yeah. >> Getting back to the trees, Attorney
Clower, uh do you have any objection to a condition? There'll be no cutting of trees uh that are in common ownership without the ascent of both parties more or less the law. >> Of course. Yes, we will comply with the law. >> Thank you. >> We will do what we're supposed to do in that sense. Yes. Absolutely. I have no issue. >> If you have another question, come on
up. You got to come up here, though. Okay. >> I just have a question. the um I think the town owns some property or on the um the Shami side is that is the property line um seems like there's a space
between the street and and the property line where there are some trees growing and I don't know whose whose property is that >> so it's through you madam chair um this is a private way so there is it's not a road layout owned by the town Um,
generally under the derelict fee statute, uh, when a property owner abuts a private way and there's no specific reservation of that fee, the property owner is deemed to own to the center line subject to the rights of others to pass over that property. So, in this
case, it wouldn't be a matter of going to the tree warden in order to remove those trees. That area area would be considered owned by Mr. Dalia, Mr. Mrs. Dalia, um, and subject to their control. What they can't do is impede the rights of others to pass over that that area, which they're certainly not doing
anyways. >> Did you understand? >> Yes. >> Okay. >> Anybody Anybody else from the public want to comment? >> Everybody's good up here. You all set, Kevin? >> Yeah. >> What do you guys think? Any other questions?
>> May I I'm sorry. >> Yeah. Go ahead, Tony. with regard just try and help out a little bit, but just with regard to where it says edge of clearing, that's roughly five or six feet. That's not a lot of trees, but that's fine. Um
I'm not sure how we would condition it otherwise other than what for our plans. >> Yeah. >> And then I don't even know if you can do that. I mean te testimony from and I spoke with the applicant just while we were listening to the DGAI's present and
you know they obviously want to be good neighbors and they want to have they want to have a buffer area between themselves and their neighbors as well. So I think that you know whether you condition this or not there's going to be a buffer area remaining and they're going to do what they can to preserve it. >> Yeah. Per plan. So the way it showed
>> I want it to go up a little. I want it to hook the corner though with trees. >> It's about five feet. So maybe a corner of five feet. >> Yeah. That's I mean at least it would cover their whole they you only have 18 >> the qu the problem with these things are trying to maintain natural ve
>> if you don't mind madam chair. >> Yeah go ahead >> with trying to maintain natural vegetation is I I don't know what the condition of that vegetation is. I don't know how you preserve it in this particular case versus something forested a little bit different than
what this is. I I think it's difficult to condition other than per plans to be honest with you, but we'll see where the board votes on it. >> I would I would agree. >> Yeah. >> Yeah, that is true. Yeah. >> Yeah.
>> Yeah. I see what you mean. Yeah. Any other further questions up here? You all set down there? Anything for you? >> We're good. >> I'll take a motion. >> Second. >> We have a motion to close in a second. >> You're all set. Attorney Glow. Yep. Second. All those in favor of closing
>> I >> I opposed. None. >> Take another motion. >> Motion to approve with condition. Second. >> Motion to approve with a second. Frank. >> Okay. We have the following additions to um the facts which I read at the
beginning of the hearing. This is a fourbedroom home. Um we have been informed that there will be a dite septic system installed at the property. Um we had uh asurances or from the applicant through the council that they
will save as many trees as they can not clear cut to the boundary line. We also note that there's public comment from um Heidi and Eugene D. Giovani who had concerns about the project. Um >> Mr. Duffy, I should have noted I think
you said it was 9,850 ft. It's 9,650 ft. 9,000. I said 9 >> 9650. >> I think you said 850. It's >> Yeah, >> it's 9650. >> Yeah, >> I'm sorry.
>> Okay. Um, so we have uh this is a special permit now under section 2401.384 of the family zoning bylaw uh where we are allowed to approve lot coverage by structure to a maximum of
25% by special permit upon finding that the size and height of the proposed structure is relative in scale to the average size and height of other neighborhood structures. There is no negative effect on shadows uh from to
adjacent properties. Uh ne no negative effects on views and vistas from public ways because there are private ways in this neighborhood. Uh and nitrogen and coastal embainments is covered by the IIA system to be installed. Special
permit uh under section 242.1E of the Felma zoning bylaw. We make a finding that the proposed structure will not be substantially more detrimental to the neighborhood than the existing structure. Upon a finding that the site is adequate for the proposed use, site is suitable for the proposed use.
There's no negative impacts on traffic flow and safety. No negative impacts on visual character of the neighborhood. That there are adequate utilities, adequate sewage disposal, and there'll be no negative impact on the supply of affordable housing. >> Any further findings? Is the chemquita
front yard a new finding? >> Did you say that one? >> I read it at the beginning. >> Oh, okay. All right. >> I would just note Mr. Dy said not. Uh than the existing structure. There is no existing structure. So, existing conditions I think would probably be the >> Oh, okay. >> appropriate. >> Okay.
>> Well, it's referring to existing structures in the neighborhood. >> Any do you have any further findings? No. Anybody else? Do you have any? All right. Conditions as built on the structure. lot coverage.
>> No further lot coverage. Um, >> do the soil erosion and sediment controls per the town referral >> per plans all boards. Uh, construction hours 7 to 7 Monday through Friday, 8 to 4 on Saturdays, no
Sundays, no holidays. That will probably be requiring Well, you do have that on the road. >> Anyway, you can deal with the police if you need to have, you know, all construction vehicles must remain in the lot.
Um, >> there'll be no cutting of trees on common ownership without the said that both parties. >> Yeah. >> Is that is that >> that's the law? >> I know. But do you think that's good enough with a tree? >> I don't think we have the authority to
mandate on a 4A a buffer of trees. We've had the applicants testimony what they're going to do. Um, I think that's about as good as we can get in terms of a condition. Well, they might have to plant, too. It's a double planting session. They could have a planting party.
All right, I think that's it for conditions. Do you have any more? We're all set. Everybody else set to vote. >> Yeah. >> All those in favor? >> I I >> oppose? None. >> Thank you very much. Appreciate your time this evening.
>> All right, moving on. Buy his glasses big time. And last at bat we have uh 01526 ah atammani >> Atami >> Atami sorry
>> you can help me say that. I didn't mean to >> ruin that. Um this is application number 15 of the year 2026 by you Ysef Afami Aamni. Um has applied to the zoning board of appeals for a special permit pursuant to section 2401.3A4
and section 246.1B to construct a detached accessory unit ex thereby exceeding 20% lock coverage by structure. Um, additional facts for the record. The property is in an AGB zoning
district. It's in the Great Pond Coastal Pond Overlay District. There's no flood zone. No previous decisions of the zoning board of appeals on record. The lot is 15,613 square ft in a zoning district currently requiring 40,000 square feet. The street
frontage Sand which is Sandwich Road is 106.7 uh feet. 100 feet is required in this zoning district. Sandwich Road is a public right of way at this location. The existing lot coverage by structure is 19.4%. It will be increased by the
ADU or that's accessory dwelling unit to 24.9%. The limit is 20%. They need the special permit to exceed 20%. Maximum is 25%. The average lot coverage by structure in this neighborhood is 12.53%.
Lot coverage by structure parking and paving is 31.7%. It will be increased to 37.2%. The limit is 40%. So they're within the limits of the zoning bylaw. We've been advised that the existing single family dwelling on this property conforms to the zoning
bylaw in terms of setbacks. Um, we have in a referral from the engineering, they've asked us that storm water be contained on the property that we apply the soil erosion and sediment control standards. They've also noted
that the fence and the bushes along Sandwich Way appear to be in the public rightway and we're going to ask the applicant to deal with that and uh at during this hearing. I have kind of a strange uh referral from the
um health department basically saying they need more information. Do we have any more information? >> No. Okay. And we have no other referrals of record. Come on up. Sorry for my accent. I hope you
understand. So, good evening, Madame Chairman and members of the board. My name is Ysef and owner of the 561 Sandwich Road in East Falmouth. I'm requesting a special permit to construct
an ADU, which requires relief from the 20% lot coverage. Um the ADU will be located toward the uh rear of the house and positioned behind
the existing dwelling to minimize visibility and impact. The existing lot coverage is approximately 19.4%. And the proposed project increases it to 24.9%.
The project has been proficiently designed including septic and utilities and has been laid out to work within the existing site condition. Uh the ADU is intended to provide housing for my son and his wife.
Um the design minimize impact on the neighborhood and the site will uh um the site will be uh built according to the board requirements. I respectfully request approval.
That's it. You good? >> All right. Um, Mark, do you want to start off? >> Sure. Um, again, uh, I don't see anything to, uh, question here. It's nicely placed behind the house. I can
understand his need for, uh, housing for his son. And, uh, >> if you had an ED, you'd put one in for your son. >> Absolutely. I mean, and I'm I'd probably put it further back. >> I may be in another town, but that's
okay. >> No, I don't have any problem at all. And I understand completely his need for a sassy dwelling. I guess that's good spot. That's all. >> Go ahead, Frank.
>> Uh, sir, what is the uh square footage of the ADU? Uh I think it it uh it it is according to the requirement. I think it is 900. >> 900. Is it less than 900? >> Yes. >> You know exactly what it is. >> I think is 900 or less.
>> 900. >> And you uh can you represent to this board that there will be no weekly or monthly rentals? Um >> this is strictly for uh family purposes. >> Okay. And what about parking for any
vehicle that's associated with the ADU? Is it going to be on the lot? >> Yes, >> they were paving it when I went there. >> Now, u we had kind of a vague reference or referral from the health department. Um have you talked to them about uh the
necess necessary permits that you may need? >> Yes. What they have done? >> Yeah, me myself and the engineering uh office are in contact with them. I everything we're going to do has to go through the engineering office and the permitting department.
>> Next question down the line. >> What are you going to do about the fence out front? >> Uh everything will be modified according to the town and whatever the engineering office is uh advising us to do. >> That fence has been there for decades.
You can actually get a license. >> Yeah, >> they're not Norine was telling me though that it's they're hesitant to do licensing anymore, >> right? >> That's the information I'm being given. >> Yeah. >> Not in the roadway. I mean, we've
traditionally conditioned that, Madam Chairman. You either remove it or condition or get a license. The applic I think as long as the applicant's aware, we've done our job if we condition it that way. >> And we'll just Can we condition? condition to either remove the obstruction of the public way or to get
it liced to the board. >> Select one. >> We can still use that condition. >> Yes. I think the select board though was beginning to become overrun with people asking and so I think they were trying
to change their outlook and instead have people remove structures in the white right away. But I guess you know in this circumstance you're getting some I don't know buffering essentially from that being there. So
>> I I guess they could ask right and if not if they if you don't get permission to keep it then it would have to get removed. >> Select would say no then it's a removal. >> So we can use your >> fact that it's been there for >> I mean that fence has been there for probably
>> How long have you how long have you owned that? >> Over 20 years. >> 20 years. So it's your >> I work at Farmouth Hospital. By the way, I've been here for at Farmouth Hospital for 25 years. And my son and his wife both are nurses. And >> are they >> Did you put that fence in yourself?
>> Me? No. >> I mean, did you >> Yes. Yeah. I hired a company here in town. Yeah. >> All right. So, we're going to condition that you may have to move it or take it down cuz it's it may be on town property.
>> If it is, I would. So, we're just going to condition it that I feel >> great. Yeah. >> And I have I don't think I have any other questions. The ADU height is 25 >> ft. Yes. >> 12 in. >> Yes. It's going to it won't
>> 5t. >> 25 12 in. I think it says 11 on here. >> How tall are you? 5'11. >> 51 and a half. Yeah. >> It's 20. I got 25 >> 5T. I have 26 feet 3 in. But
>> you have 263. It doesn't really matter. I just wanted for the record, you know. >> Yeah. >> Do you have any other questions? Oh, I'm done. So, if you have any questions. >> No, I mean it's AU is by right by statute. 900 ft. It's needed obviously >> both recognized by the applicant's
testimony as well as the well doumented shortage of housing for younger people in this community. So, I think the only thing we have to consider is lot coverage or we routinely allow up to 24.9%. So, I have no questions or objections subject to neighbor concerns.
>> And there does seem to be at least a little pulloff in the parking area. So, I think we don't have to really worry about parking. There's like a a T. I think I don't think we have to condition it anyway. Tony, do you have anything?
>> Um, just a quick question. Not that GIS maps are accurate, but it does show a unit on the property now that I didn't see. U noted as 561A. There's nothing back there now, is there? >> Okay, that was my question. Thank you.
>> Nick, you good? >> I'm good. >> Okay. Any other further questions up here? >> Motion to call. >> Anybody from the public want to comment on this? Come on up. Sure. Madam Chair, board, uh, Caitlyn and Ben
TRD, a Butters at 551 Sandwich Road. Uh, we've owned our property since 2011. Uh, so 15 years, uh, been neighbors of the Athamnes. Um, to answer your question about the fence, it went in since we've owned our property. So it's within the
last, I would say, 10 years that fence went up. Um, we had some questions tonight regarding the use of the ADU. Um, they did not approach us about these additions and we've seen signage on the property indicating Airbnb usage of
their lower uh, walkout basement. Um, so had concerns over whether this property would also be used as an ADU. Um, additionally, there was something else. Uh yeah, the so the the plot plan that I saw that was with the uh the application
here um did not include uh quite a bit of paving that actually went on this week on the property >> yesterday. >> Um that has added quite a bit to the overall uh lot coverage. >> Um I know they're close at 37%. I think this may push them over. Um this was
done again in the last two days. Um >> so we have further concerns over uh the slopage of the property and drainage towards the rear of the property with um vernal pools, you know, and pooling of water and mosquito breeding and all that that comes with that. Um
>> the rear of the property is a bit of a bowl back there past their property lines. There's no drainage anywhere. It's it all goes down to kind of a a low area there that right now is not a wetland of any type. But I'm I'm worried that, you know, as all that water comes off that paved area plus the ADU that
there's going to be problems there. >> Um we kind of are the only residential neighbors. Um the neighbors in the rear are the Chillmark uh at Falmouth Condominium Complex. Um, we've spoken to some of the neighbors up there who had
questions because they also got letters um, inviting them to this board of appeals and they were wondering what uh, you know, if anything it would have an impact on um, additionally the other side of the property is the Carlton Circle uh, motel. Um, so I presume they
don't really have much Yeah. um to to comment on this. Um, yeah, I would encourage you to look at the lot plans as well. uh the 561A that you may have been referring to, there is a shed uh on that lot plan that exceeds the lot line.
Um and we just have concerns over uh lot encroachment uh the porch that was put on a few years ago is within 10 ft of our property line. Um >> we also have some trees cleared as well >> uh by the Athamnes a few years ago that
were on our >> clear trees. >> Our trees. Yeah. tried to be good neighbors and not make a big deal of it. I put well well over the line. >> So just generally concerns over um >> a lack of respect for property boundaries.
>> Well, that's not good. Okay. >> May I ask a question? >> Yeah, go ahead. >> Absolutely. >> On what I referred to on the GIS map as 561A, have you ever seen anyone living in that? >> No, it's it's clearly a shed, a utility shed of, you know, >> look like
>> equipment for the yard. um >> right at the bottom of the driveway there. >> Yeah. Yeah. >> Um but yeah. Okay. >> Between the paving that happened just this week and the additional, you know, hard structure that doesn't allow for drainage, we just had concerns over this
project. >> Thank you. >> Okay. Thanks. >> There is the shed does cross over. Do you want to address any of that for us? The shed does cross over. >> H >> it's not
>> it's not before us. I understand you know >> if it's their shed >> if it's their shed you can require them to move it onto their property >> public lot calculations.
>> Yeah that's a good question. I'm also concerned about with the additional paving what the total lot coverage paving parking and so on might be at >> new 40 that's going to be >> we can do an as do an as build >> they do an as build of parking paving
and structure as well >> I I mean the the excess paving is coming in the driveway to the left it's it's little more than another uh parking space so I I question that it's going to be the 3% uh
that brings them over to the 40. >> It's It's a little more than just to the left. It actually comes right up to our boundary, our property boundary line. >> Well, Madam Chair, >> when they >> Hold on. You have to come up if you're going to talk. Sorry. >> If it goes over the that it's going to
be expensive to remove it. So, if you do the as built and it's over the 40%. >> You're going to have to remove it. >> Rip it out. >> That's what we can do is condition that if it goes over, he tears it down. the the tar, >> you know, >> the the >> the pavement >> pavement.
>> Okay. >> It's a lot of coverage for the 40. >> I don't think we should make a move the shed myself. I mean, we could maybe ask for screening. >> Been there forever. >> There's a concrete slab. It's clear it's there.
>> That's asking a lot. It wasn't nice that they did that though without >> it just there's been a lot of kind of not nice taking down 20 to 30 mature trees and >> clearing a large 30 ft >> on the property line. They didn't have >> they went 30 into yours >> into ours. Yeah. >> Wow.
>> May I ask a question? >> Yeah, go ahead. >> How long has that shed been there? 21 years. >> The shed? Uh, no. Within the last >> 10 maybe? >> Yeah, I would say five to 10 years. >> And how many square how many square feet do you think it is? The shed, it's not
huge. It's probably double what ours is, which >> 100 square feet or less. >> Uh >> 10 by 10. >> Probably about 10 by 10. >> Yeah. 8 by 10. >> Look like Yeah. >> Yeah. >> Oh, it's got to be at least 3 ft off the lot line, though. >> It's supposed to be. Yeah. >> Yeah. >> And whose property is it up against yours?
>> Well, though that change for the 3T if you're under 100 square feet, that only went in a couple of years ago. So, if the shed was put in >> 10 years ago >> prior to If the shed is 10 years old, >> then the shed was put in before the sepex,
>> but you still have to have it be on your own property. >> Yeah. I just think it's a big ass to move something like that. It's myself. I don't know. >> Yeah. >> It's on the It's on um whose parcel is it encroaching on?
>> I believe that's the Chillmark at Falmouth parcel. They have a tiny triangle. >> Yeah, there's a tiny triangle that comes down between our property. >> If they have if Jbach group has a concern, they've got another 11 years to go before it becomes adverse possession. >> The law prefers people who don't sit on their rights. So,
>> and they would probably be here. >> They would be what? >> They would be here if it was a huge concern for them. I don't think >> they don't there's a there's a pretty large >> wooded buffer between Schillar and and this property. And there was a large wooded buffer between ours really the
use and the uh the adherence to the zoning. >> Well, he did state that it's going to be for his son and we can condition that that it cannot be a rental. >> You can. >> Yeah. Okay. >> Cuz he stated it right here at the podium. >> We have concerns over just >> Yeah. >> the impact of illegal. We're not the
enforcement arm. You need to make contact the building inspector. >> Okay. Okay. >> Yeah. But we can condition what he said. >> Mhm. >> Yeah. It's also in the law that it can't be right. It has to there's a whole bunch of rules. >> It's a law that they can't rent too.
>> Yeah. By right the right exass. >> Okay. Okay. >> Thank you. >> Why not? >> So, you've had concerns because you've gone across the lines. >> I'm sorry about whatever they said. >> You can't be doing that stuff. You can't
do that. >> No. >> You wouldn't like it if someone did it to you. >> I again I love my neighbors. We're very peaceful. And >> so you're going to be How many feet is this ADU? 10
11. So you can't clear past the 11 ft. >> I won't do anything unless it is legal and approved by the engineer and the town. >> Okay. >> I'm not a builder. I'm not a handyman and uh there were an incident and I
apologized many times and I gonna apologize again to them. I usually work at the hospital and I work overnight shift her own my own neighbor was along with the landscaper area.
>> I'm not familiar with the uh the plan itself. I mean I could look at it but I can't visualize it. And I believe the landscaper had asked him and based on his responses he did what he did. It was extremely wrong. I was
upset with it. I didn't see it when he was doing it and again I apologize for it but currently there's a fence between us and there's there's more than wide empty lot on buffer zone and trees. Uh,
I won't do anything again illegal. I won't I won't construct anything unless it is approved by the engineering office. Exactly what I did and by the town. >> That sounds good to me. That sound okay?
You guys, any other further questions before I go to the public? >> Anyone else from the public? I already went to the public. Anyone else from the public? Thank. Anybody else have any further questions? Tony, I >> I do have a question. This isn't a coastal pond overlay district. Aren't
they required to have a uh denied system? >> Yes. >> Well, there was my other only outing concern is was this one said was an unusual board of health. >> We didn't get any information from the board of health. >> Yeah. So, this isn't a nitrogen sense.
Well, appears to be in a nitrogen sens. It's a nitrogen area. >> Yeah. What is but we didn't get anything from the um >> yeah might >> any increase of flow >> it's not being a building permit without >> right >> well they they indicated they were short
on information correct >> yes >> so we have to condition it that they provide that >> all requirements of the board of health >> to what the the board of health finally >> we're without them anyway >> I think we can >> we can just condition it to >> meet all requirements of the board of
health >> yeah there. >> All right, I think we're good. Any other further questions? >> You okay with conditioning that way? >> Yeah, it's fine. I mean, you can't get building permit without >> Exactly. That's >> Everybody's all all set.
>> Yeah. Motion to close, P. >> We have a mo motion to close. Are you all set, sir? >> I am all set. Thank you. >> We have a motion to close. I'll second. I'll beat you. I'll second it. >> All those in favor of closing, I oppose. None.
All right, I'll need a motion. >> Motion to approve with conditions. >> I'll second. We have a motion to approve with conditions. I want to do findings. >> Okay, we have um a couple of additions
to the facts. We did have u public comment from Benjamin and Caitlyn Trad who are next door neighbors. they have concerns about the project and they both testified at the hearing. Um so under um section 240 11.3A4 we are
allowed in an RC district to approve 25% lot coverage by structure by special permit. Um the proposed lot coverage by structure will be 24.9% which is within the 25% allowed by the zoning
bylaw and special permit. Upon a determination that the size and height of the proposed structures will be uh relative in size to the height size and height of the neighborhood structures. There's no negative impacts on uh shadows on adjacent property, no
negative impacts on views and vistas from public ways. And we have difficulty though uh they're supposed to comply with all requirements for night to um control nitrogen in coastal embainments. So, we're going to have to condition
that that they meet all board of health regulations with respect to the septic system under section 24012.1E uh which is the general conditions for a special permit. Uh we may make a grant a special permit provided that the
proposed structure is not substantially more detrimental to the neighborhood than the existing structure. we structures um we must must find that the site is adequate for the proposed use that it is suitable for the proposed use that there's no negative impacts on traffic flow and safety there's no
negative impacts on the visual characteristics of the neighborhood there are adequate utilities there's adequate sewage disposal if they comply with all um requirements of the board of health and there's no supply no negative impact on the supply of affordable
housing and may actually improve Yeah, it will actually approve it. Right. >> Okay. Conditions as >> we have to word these properly. >> Certify lot coverage and lot by structure and parking, paving and structure, >> right? Both.
>> Both. >> Um, as the applicant represented, no rental uh family only, right? Well, >> modify shall comply with >> we can't say family only, but it's >> AU bylaw.
>> Just use that their verbiage. >> Yes. >> Um, >> comply with town storm water standards. >> Yeah. And how do we do that? Because it may have to change because of the new paving. >> Just just use it like that. Make it vague. Okay.
And you have the board of health condition, Norine. Okay. And then the regular ones. Well, we can't really do per plans because the plans are off. Uh, all boards.
Uh, constru. >> Sure. As I was looking at the plans, it looked like the water service was coming from the house, but they'll, you know, they'll have to comply with whatever the water department wants. >> Right. The water department said new water is needed for the ADU when I read it.
>> Yeah. It's just when I was looking at the plan, It seemed to appear as though the water service was going to come off of the existing house, which people used to do, but now if you have a separate living structure, >> they want a separate service for that.
So, >> did you understand that? Okay. >> Again, Madam Chairman, I will do exactly what >> Okay, perfect. >> Yeah. Yeah, I would I would do that. >> Thank you. Um any other conditions? Oh, hours of ops.
Um Monday through Friday, 7:00 to 7:00, 8 to 4 on Saturdays. Nothing on No, no construction on Sundays or holidays. Uh vehicles must be located within the lot, not on the street. Um
I don't think they'll need police detail. Um if you do need police detail, you will have to get police detail. >> Any other conditions anyone can think of? >> Got one finding and a condition related to it. Uh was a referral from engineering that there is an
encroachment of the fence and bushes in this the sandwich road >> public roadway. Uh the applicant will either must either obtain a license from the board of selectman and if unable to do so uh will be responsible for removing all encroachments.
>> Perfect. Did we leave anyone? That was like the obvious one and I left it right out. >> You get working hours, right? >> Yeah, I did working hours. Yep. Anything else you can think of, Norin? No further structures. Did we do that?
>> No further structures. I think that's it, right? Everybody all set? You guys all set? You think of anything? It's a lot of conditions, so >> yeah. >> Um I hope we didn't leave one out. >> I think we covered them.
>> Okay. All right. All those in We have a motion. We have a second. All those in favor? >> I I opposed. Okay. None. >> Okay. Good luck. Thank you. And good luck to you guys, too.
All right, moving on. >> Oh, yes. We'll take a two minutes. Uh, one, two. All right, let's finish our agenda. Um, minutes.
>> Are we doing them? >> Oh, Lord. Ma'am, >> is Mr. correct here for Benjamin N. >> Uh minutes we are uh tableabling for the evening. >> Okay. No minutes. >> Should we just finish finish up the
other stuff before we do Habitat? You guys do you mind? >> Why not? >> Um board discussion. Jeez. >> I'll do the board discussion. Board workshop is May 2nd
and next meeting um Ash will bring us the signup sheet. >> Okay. Yeah, I can send you an email. >> Okay. Or email, whatever. Um, that's under board updates, I guess. Um, zoning administrator. >> Yeah.
>> Yeah. Save your energy. >> Yeah. So, we have um 809 Sandwich Road and Zero Sandwich Road. the 240BS that we had appealed the EOHLC decision that the town they found
that the town was not in safe harbor. We appealed that. Um they denied our appeal. So those hearings will be resuming. Um we will be posting notice in the newspaper and reming to the abutters because that's been stayed
since like November I think. So it's been quite a while. All right. And future agenda items, we're all set. So, let's do uh draft decision. >> So, there have been a few slight
modifications since the draft that was sent out. So, to make it more identifiable, I tried to bold those within the new copy that you have. So, they should be relatively >> easy to locate. >> Yeah. So, I got to get that out now.
Okay. Should I start now? >> Is everybody all set? Everybody's got their copy. We're all ready to go here. >> Okay. This is a case number 65 of the year 2025. The applicant is Habitat for Humanity of Cape Cod, Inc., 411 Main Street, Sweet
6, Yarmathport, Massachusetts. Um, the owner of the property is LTC LLC, which is a limited liability company in East Dmouth, Massachusetts. The property is 48 Benjamin NY Lane, North Dmouth,
Massachusetts for a development proposed to be known as Hospitality Way. Um, this is a comprehensive permit granted with conditions. I will read the procedural history, which is six paragraphs, and then we'll go on to the findings.
Procedurally, on August 22, 2025, an application was filed with the zoning board of appeals for a comprehensive permit for the construction of 14 single family homes, all of which will be affordable at 48 Benjamin NY Lane, North Dmouth, Massachusetts.
Two, notice was given as required by Mass General Laws Chapter 48, Section 9, including notices mailed to all persons deemed to be affected thereby as they appear on the most recent tax list. Three, the advertised public hearing was opened on October 16, 2025, and
continued to December 4, 2025, January 15, 2026, January 29, 2026, and March 12, 2026. Voting members included D. Scott Peterson, Suzanne Murphy, Mark Fineran, Frank Kduffy, and Anthony P. Petruchi.
>> Can I interrupt? >> Yeah, >> we have an absent D. Scott Peterson, and Nate Nick has filled in and done the proper procedures to fill in as an associate. >> So, he'd be a voting member tonight. >> Voting member tonight.
>> Okay. Warren Brody, attorney to Salt Hay Road, East Valmouth, Massachusetts, appeared before the board on the application with Norin Brown, director of land acquisition, Habitat for Humanity of Cape Cod, and Joe Henderson, Horsley Whitten Group, Inc. 90 Route 6A,
Unit One, Sandwich, Mass. The hearing was closed on March 12, 2026. Mr. Finan made a motion to request the zoning administrator to draft an affirmative decision to be reviewed at the April 16, 2026 meeting which was seconded by Mr.
Peterson and unanimously voted. Minutes of the hearing are on file with the zoning board of appeals. Six. The following documents and information are on file in the office of the zoning board of appeals at town hall as set forth below. And then we enter into the
section of the decision where we have listed uh emails, letters and other information that we receive um and referrals from town department, referrals and letters from interested
parties and uh other people uh plans submitted by the applicant or applicant representatives. I'm not going to read all of that information, but it is part of the record. The hearing, the notice of hearing and referrals were 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 sub subsidized housing inventory, known as the SHI issued by the Executive Office of Housing and Livable Communities dated
August 22, 2025 prior to the submission of this application. The town of Felmouth had 10.33 afford affordable housing. The town also has an approved housing production plan current through March 28, 2029. At the opening of the
hearing on June 12, 2025, Mr. Duffy made a motion which was seconded by Ms. Murphy and unanimously voted. I move that the Felman zoning board of appeals has the grounds to declare the deni that a denial or approval with conditions of
the application is consistent with local needs as defined in general laws chapter 40b sections 20 through 23 and 760 code of Massachusetts regulations section 56.031A 031A
and 3A because the town's subsidized housing inventory exceeds 10%. And further that under 760 CMR that's code of Massachusetts regulations section 56.031B 031B and 4 for municipal
compliance with its approved housing production plan and to provide the requisite 15-day written notice following tonight's hearing to the applicant and to the executive office of housing and livable communities. Three, the board issued a letter to the
applicant by email and certified mail on October 20, 2025 reiterating its stance the town qualifies for safe harbor. This letter was provided in accordance with 760 CMR 56.03
section uh 8 u within 15 days of the opening of the local hearing and included notification to the EOHL. There was no record of an appeal being filed. The town of Felmouth's housing Massachusetts housing production plan
known as HPPP report dated March 24 March 2024 reference the substantial gap between the cost of housing and what residents can afford. Five, the applicant has met the requirements to file for a comprehensive permit. The applicant has
one control of the land purchase and sale agreement dated January 18, 2024 with the 300 committee and an assignment to the agreement dated November 4, 2024, the 300 committee on Habitat for Humanity. Two, the Executive Office of
Housing and Livable Communities issued a letter dated May 13, 2025 identifying that the proposed project has received project eligibility under the local initiative program LIP lip. And three, the applicant has is a
nonprofit organization. Paragraph six, zoning board members attended a noticed sitewalk on October 10, 2025. Seventh. The subject site 48 Benjamin NY Lane, North Valmouth, Massachusetts.
Premises currently comprises approximately 55 acres and is cited in a single family residence B zoning district. 7 and 12 acres, 13.5% of the 55.5 acres of the lot will be
purchased for the development by Habitat for Humanity of Cape Cod with a street frontage of 213.38 ft on Benjamin NY Lane. Approximately 3.2 2 acres will be preserved open space and remain as a
buffer.