[music] [music] [music] >> 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 Finneran, 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 Morse, vice chair. And then we have our two associates, Tony Petucci and Nick Kenny.
Then we have Noreen Stockman, the zoning administrator, and Ashley DeMello, office assistant. The Zoning Board of Appeals is charged with applying the state's 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 a decision. Number one, to begin each hearing, the clerk will read the public announcement for the hearing and read pertinent
information from the file. Two, the applicant or the applicant's representative will then have 15 minutes to make a presentation, but time may be extended by the vote of the board. Three, the board will then question the applicant. Four, the public will then be invited to comment. Comments should be limited to 2
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 if 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 Stryper. Okay, this is application number 12 of the year 2026. Paul Kerker and Lynn O'Brien have
applied to the Zoning Board of Appeals for a special permit pursuant to section 240-11.3A4 of the Falmouth Zoning Bylaw to expand the first floor and construct a second floor addition, thereby exceeding lot
coverage of 20% lot coverage by structure. Um, the property is located at 101 Stryper 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. Um, the flood zone is designated X. The
existing structure is a three-bedroom single-family dwelling, 1,957 square feet. The proposal is to increase it to 2,106 square feet. The lot size is 10,000 square feet. The current requirement is 40,000 square
feet. The lot frontage is 100, which conforms to zoning. Stryper Lane is a private right-of-way 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 with the zoning um, in terms of setbacks and there'll be no new nonconformities in terms of setback. Um, the 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 on
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 Kerker and Lynn O'Brien, the owners of 101 Stryper 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 Stryper is located in Great Harbors, which as this board knows is a dense residential neighborhood. Uh, this property is a lot of 10,000
square feet, which is very typical for the area. In fact, most lots are of that size. Uh, it's located in the Residential B Zoning 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
ft. It is conforming to setback and lot coverage requirements. The applicants have owned this property for the last 12 years, uh but have had homes here in Falmouth for most of their lives. Uh, they're in the process of making this their full-time residence and so they require some additional space. So, as such, they proposed
some modifications to the building. Um, the applicant's proposal does not create any new dimensional nonconformities and exceeds all setback requirements. Front yard setback will remain over 25 ft. Side yard to the east will be 17 and 1/2. Side yard to the west will be almost 18. And the rear yard setback is
25. The lot coverage by structure will increase to 21.03%, which is allowable by special permit. Lot coverage by structure, paving, and parking will be 27.22%, which is well below the 40% allowed by right. And the proposed height of the ridge
height will be 29 ft 9 and 1/8 in. Due to the proposed lot 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
size and height of the structure in relation to the neighborhood, effects of shadow, impacts of views and vistas on public from public ways, and the effect of nitrogen on coastal embayments. In this case, there is no view impact of views and vistas from public ways. Uh, Stryper Lane is a private way and does not affect any view sheds.
As to size and fit with the neighborhood, we did submit a lot comparison worksheet looking at 35 properties within a 300-ft 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 and 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 will remain at three. So, that's I think a pretty dramatic
improvement there. Beyond that, this meets the requirements of 240-12.1E. Site is adequate and 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 use as at present. Uh, the proposal improves the appearance and functionality of the house and won't adversely impact the views and vistas from public ways. And there are adequate utility 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 nonconformities and no adverse effects overbalance 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 240-11.3A4 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. Do you have any questions?
No, uh actually, I I think it's it's all quite very nice and I think it 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. Clower. 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.
It's one of the folders. I saw it on there. Well, 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, that's probably why I didn't see it. Um, and then
would you clarify again the height of the structure which I have 29 ft 9 in 9 and 1/8 in. Always get that 1/8 of an inch in there. Hey, let's be specific. And you're going to replace this cesspool with a title five. Correct.
Thank you. Cesspool is going to stay. Cesspool is leaving. Oh, it's leaving. New title five system. Uh, I I had the height question, too. I couldn't find it on there. I had to do a little math cuz it measured to the top of the foundation and then I added to the to the garage
slab. And that's all I have, too. Jim. Uh, Mr. Duffy addressed the average. Uh, I have the same question. I The rinse station is being removed and not replaced. What do you plan for?
No, it's Proposed rinse station is shown. Um All right. I must I was kind of scratching my head like, "Are you sure?" No proposed rinse 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 you're looking at? I'm not I mean, I'm always concerned about additional bathrooms, 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. I think it's cuz you got too many kids. >> I I do have too many kids. Standard title five not an IA. Uh, it's designed to accommodate a title five, but it's not required it's not required to go to a D 9 system at this point.
So, it's architecturally very nice and I don't see any red flags and thank you. Let me wrap that. Uh, all questions asked and answered. Very very nice project. >> You have anything? I'm all set. Good. Any further questions up here before I go to the public?
Anybody from the public want to comment on this? Wow. Don't be shy group tonight now on me. They can be shy. Okay. We'll battle it out. Anybody want to make a motion for me? I make a motion.
>> set up here? I'm all set, thank you. We'll close? Yes. Go make the motion. I did. I did. You made the motion to close? >> I'll second it. 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. I. Opposed none. Make a motion to approve with conditions. We have a motion to approve with the conditions. Second. And a second by Frank. All right. So, I'm going to amend the findings or excuse me, the facts which I read.
We now have on record that the lot coverage by structure average in the neighborhood is 19.54%. The height of the structure will be 29 ft 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, lot coverage by structure [clears throat] may be 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 views and vistas from a public way and
the title five septic system covers the nitrogen on coastal embayment situation. For special permit section 240-12.1E of the Falmouth 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 cesspool be removed. Uh, title five standard title five is being uh
added. Testimony from the applicant that there is a reserve area if IA 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.
I think that's it. I think that's it, too. Yeah. Everybody all set? All set. All set to vote? All those in favor? I. Opposed none. Thank you very much. Good project. You're voting?
We're switching off. I'm next. Oh. Conditions? Did you have any conditions? We did have conditions. We need to reopen. We did mess up. It was too easy. All right, conditions. Let's find my condition. Work hours.
Um, Monday through Friday 7:00 to 4:00 is it? I have to get my paper out. Um 7:00 to 7:00, isn't it? What? 7:00 to 7:00. Is it 7:00 to 7:00? I'm looking at one of my papers. Monday through Saturday. Monday through Friday. Monday through Friday, Saturday, no Sundays, no
holidays. >> Until 4:00. Until 4:00 on Saturday. Upgrade the water main. Yeah, relocation of water main. That's what it said. Relocation of water main. Um
All per per plans, all boards. Um No further structures. No, they can be added there if you're only going to 21. They have to get They'd have to amend the permit, though. So, this one can say no further structures. >> it says the main need to be relocated
outside the layout for future potential repair and it does say that it should be upgraded to a 1 in. It I thought it said that the the regular line was under the addition. It says the service main need to be relocated outside the layout. >> say, Adam Chairman?
So, let's just may. Yes, it's a may. So, we condition as may to may to may. Okay, got it. No shall. Uh, can you think of any other ones, Noreen? I think that's it, right? Uh, construction to be remain on Oh, on,
yeah. They'll probably need police there, yeah. Ready to work with the police to come up with the traffic mitigation. Yeah. I think that's it. Sorry. Now we We have to motion to close the hearing again? I'll move to close. But we opened We reopened to add
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. Boy, now we won't jump the gun anymore, now will we? We've been off three weeks.
We're We're rusty. Thank you, guys. Thanks. Oh, all those in favor? I. Opposed none. All right, getting back. Um, we have 013-2634 Bonito Ave.
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 240-11.3A4 of the Falmouth zoning bylaw
to construct a single family dwelling in their area exceeding 20% lot coverage by structure. The subject property is redesignated as 34 Bonito Avenue in East Falmouth.
The property is a Uh, it is in an RC zoning district. It's in the Bourne's Pond Coastal Pond Overlay District. Uh, it's a nitrogen nitrogen regulated area. The flood blood zone is X. Uh, the proposal is for a four bedroom
single family dwelling on the property. There's no previous zoning board of appeals decisions relative to this property on file. The lot is 11,504 sq ft in a zoning district which currently requires 40,000 sq ft. The street frontage is 100
ft in a zoning district which currently requires 100, so it's right on target. Bonito is a public right of way 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 lot coverage by structure in the neighborhood is identified in the worksheet at 17.46%.
Lot coverage by structure, parking, and paving uh, will be 32.9% in a 40% is the limit, so that conforms. There are no setback nonconformities cuz there's no structure on an empty lot.
The height of the proposed building will be 29 ft 6 and 7/8 in. We have referrals from engineering. They requested or suggested a driveway permit may be required, that storm water runoff be contained on the property.
Um, [snorts] 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 clear cut some trees in the public right-of-way
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 IA 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 cuz 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 it. 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? >> 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? You couldn't hear You want to upload it? >> Upload? Yeah. Sure. Yeah.
Oh. Yeah, she can just email it to them. What's that? You can just email it Oh. to them. I She wanted You said you wanted to upload it? 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. >> Okay. 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 format of Chairman through you and 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'd 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 file. >> 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 I'm 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-of-way. I
don't know anything about that. Do you know anything about that? >> 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 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, act like 6 ft. 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 was 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
Mhm. were proposing this house, I went to each and every neighbor Do you want 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 cuz 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 of about us within two houses, and and told them what we were proposing. I said, "If you have any problems, let me know now before I start this process." 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. So, everybody was Like I said, everybody was for it. I appreciate you doing that. We try to encourage people I'm a builder. >> Yeah. No, it's
>> understand the process, and I understand how people feel. Yeah. I also asked them about is anybody you know, we can start at 8:00 in the morning if that's if you if you you're a person that sleeps late, we don't want to bother the 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. You
already go? Uh yeah, I asked about the trees. >> 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. As 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 would like the shed. He said, "Put the shed in." >> the shed cuz 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. Thank you for an IA septic that uh you know, nitrogen's a big big issue in town. That makes it it's a big check for something 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 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? Sure are. It's 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? Maureen, you have anything? >> Shouldn't we close, Madam Chair? We have a motion to close. >> I'll second. And
Jim seconds. You're all set? Okay. You're all set? I am all set. Yes. >> All those in favor of closing? Opposed? None. All right. You can make the motion if you'd like. >> a motion uh to approve with conditions. We have a motion to approve with
conditions. >> Second. And the second with Tony. All right. Frank. So, to amend the um 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 stormwater runoff from the driveway. Uh he's identified He's answered the question from the engineering referral about trees being removed from the public right-of-way, 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 sec This is a special permit now uh under section 240-11.384
of the Falmouth 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
size and height of neighborhood structures. There's no ne There's 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 in
coastal embayments is handled by a proposed IA system. For purposes of a special permit uh under section 240-12.1E, 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 no negative impacts on traffic flow and safety. No negative impacts on the visual character of the neighborhood. There's adequate utilities. There's
adequate sewer 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. Madam Chairman, uh applicant provided a revised plan.
Date of plan is 2/10/26, revisions of 3/30/26, and signed by Mike Bruselli, uh cert a registered professional engineer, date of 3/31/26. That will be the plan that the board is considering.
Uh 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 up so no opposition to the
hearing one letter of support? We did that, yep, yep. Conditions. Per plan of 21026 revised 33126 uh plan to be or copy of plan to be submitted
7 days enough time? 20? Tonight? >> Tonight. That's not quick. That's not quick enough. >> Within 7 days. [laughter] >> [clears throat] >> And then where do we want for the standard once, Madam Chairman? >> I'll I'll As yeah, yeah, the as built.
For lot coverage by structure. Right. You need an as built for the lot coverage. Um It says in the file the tree warden needs to sign off. I didn't think he's had he had to sign off. >> say may again. I don't know.
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. No times. On Monday through Friday 7:00 to 7:00, Saturday 8:00 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 That that may help. Um, I can't think of anything else. Did we did we did all boards? Yeah, I
think we're all set, right? Think of anything? All right, we have a motion. Yes, there's a motion and a second. Everybody's all set? All those in favor? All right. Opposed? None. Great. Good luck. Well, 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 Commequid Road. Hey, this is application number 14 of the year 2026, Brian F and Kimberly A
D'Alia. I have applied to the Zoning Board of Appeals for a special permit pursuant to section 240-11.3A4 of the Falmouth 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 Commequid Road and Shawmut Avenue in North Falmouth. 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 2,401 square feet. No previous zoning
board of appeals decisions. The lot is 9,850 square feet. Current requirement is 40,000 square feet. The street frontage is well, I'm going to tell you this there's two streets frontage on Commequid it's 53.89 feet.
On Shawmut it's 132.39 feet. It's a corner lot. Um 100 feet is required by the zoning bylaw. Uh Commequid Road is a private right of way at this particular location. The
proposal is for a structure having lot coverage by structure of 24.9 percent. The limit is 20, but we're 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 feet. We have a referral from the building commissioner saying that he has
designated Commequid 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
considered the location of the driveway to be unsafe because it's too close to the corner of the two con- converging streets. Uh and also that we condition the special permit uh with soil and erosion soil erosion and sediment control.
I didn't see any other uh referrals in the file. Were there any? I didn't see any, no. No. We have four letters in support of this uh application in the file, none in opposition. Okay, Tony, you're in on this one, okay?
I if He's voting on the lot. I just You just did on that one, so okay. It's you and I. Getting We're going too fast today. Mark, you want to start off? Uh yeah. Should I present first? >> Yeah. Oh yeah. I am like so rusty. I You guys want to go? I mean, listen, if we're if we're if
you're good, I'm good. >> I know, I am rusty. I apologize. Too much time off. >> [laughter] >> Uh good evening, Madam Chair and members of the board. For the record, Kevin Klawer. I am before you representing Brian and Kimberly D'Alia, the owners of
zero or lot 203 Commequid 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 Old Just north of Old Silver. Um, maybe need need a head catchy acronym like uh this you know, uh slightly north of Broad. Um, but uh the lot is 9,650 square feet, which is fairly typical for the area. As Mr. Duffy noted, it is a
residential C zoning district and it's not in a flood zone. Presently, this is a vacant parcel, uh corner of Shawmut Road and Commequid Road, and we're proposing a new two-story four-bedroom dwelling with a proposed ridge height of 28.1 feet, which will be compliant with all setback
requirements. Um, as was noted, there was a front yard designation uh made by the building commissioner setting Commequid 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 feet. The
side yard setbacks both exceed 11 feet. The rear yard setback is 34.7 feet. Proposed lot coverage by structure is 32.3 feet, which is conforming and well below the 40% allowed. And the lot coverage by structure is 24.9%, which does require a special permit
pursuant to 240-11.3A4. Under that section of the bylaw, lot coverage above lot 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 impairments. Uh again, in this case there's no impact of views and vistas from public ways because both Shawmut and Commequid 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 300-foot 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. Uh and the applicant is proposing a four-bedroom nitro wastewater system, uh 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. 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 the proposed location provides separation from the driveway at five Commequid, uh the property just to the south, which is located right on the northerly property line of that abutting 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 pro- the site is adequate and suitable for the proposed use. It's proposed single family dwelling, which is a by right use in this district and similar to the entire neighborhood. Uh the wastewater
has been addressed by the by the denitrification 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 with 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. D'Alia's proposal is a by right 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 will overbalance the benefits that I've outlined. Um, I believe this meets all
the requirements of 240-11.3A4 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 that so the the driveway is right there on the corner. Yep. Which is not dissimilar from a number of other properties right in this area. Right in the property on the corner of Pamet and Sham is located in almost an identical area and part of the rationale for that
is if you look at Um this is the location of the driveway at the abutting 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. It's so
that's on in the front edge is on So our designated frontage um Comeaquid. Is this area here on Comeaquid. That's the designated frontage front yard for rezoning purposes. Okay. All right, that's all I
I got for now. Thanks. Corey. Ooh. What is the measurement of the frontage that's designated as? Um 43 Well, it's 53 ft on Comeaquid 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 odd 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 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 the front yard. It's a good project. I have no questions. No questions. Jim. I was going to conduct rigorous
cross-examination until I saw the larger plans and then realized, oh there is a second means of egress to the basement. Just kind of reeked of unpermitted apartment, but with the second egress I have no questions. Architecturally it's very nice, so thank you. Do you think since it's so close to the
curve that 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 of the the trees and uh shrubs from around the driveway, so they'll have full If you were backing out of the driveway, you'd have a full
view of both Sham and Comeaquid. 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 [clears throat] they're going they're going to whether you condition or not. >> Okay. I just was worried about the safety part
of it, that's all. That's all I had. Frank. Well, when [clears throat] 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 a practically a dead street, so I'm okay with it. I have nothing. Um it 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 [snorts] I don't see why anybody would do such thing, so uh I'm all good. Good. Easy week for you, Kevin. >> of Here 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? I don't know. Anybody from the public want to come on up? We didn't know we had to submit anything. >> your name and address, please. >> Heidi Di Giovanni and this is my husband Eugene Di Giovanni. >> And we live at 24 Nauset 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 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 town, but it seems like a lot of people exceed that.
And so there's the fairness 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 sq ft. And the plans are for 2,401 sq ft. So that's 471 sq 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'd 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's 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. >> [laughter] >> 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'll try to at least. Um just in response >> looks like it could you know So
they actually show a retention of a number of tr- 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 8 ft off the property line.
Uh happy to preserve this as much as we can as well as an area along this property line, which I believe is Miss Di Giovanni. Um we can't have it go much further than that because that's where we're getting to 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 >> if you could get down as far as you can towards the septic. >> Yep. I think they'd I think they'd be happy to do that.
Yeah, I 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. Which you Um In in response to what the other comments by Mrs. Di Giovanni, I would
just say that the lot coverage by right is 20% and there is a a pretty straightforward process by which this board can allow lot coverage in excess of 20 20% up to 20 25%. Um it's not a matter of injustice or um you know, impropriety. It's 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 neighbors. >> and then the same 35%. 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, Tony Clawson. Do you have any objection to a condition there'll be no cutting of trees uh that are in common ownership without the consent of both parties? More or less the law. >> Of course. Yeah, yes, we will comply with the law. >> [snorts] >> Thank you. We will do what we're supposed to do in
that sense. Yes, absolutely. I have no issue with >> 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 uh on the the Sham side. Is that Is the property line
um seems like there's a space between the street and and the property line where there were 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, yes, yes. Okay. Anybody Anybody else from the public want to comment? Everybody's good up here? You all set, Kevin? Mhm.
What do you guys think? Any other questions? >> May I I'm sorry. >> Yeah, go ahead, Tony. With regard just try to help out a little bit, but just with regard to where it says edge clearing, that's roughly 5 or 6 ft. 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 you per plans. Yeah. And then I don't even know if you can do that. I mean testimony from and I spoke with the applicant just while we were
listening to the DiGiovannis 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 way it showed. I wanted to go up a little I wanted to hook the corner of the wood trees. It's about 5 ft, so they corner 5 ft. >> Yeah. Yeah. That's I mean at least it would cover the whole you only have 18. The The problem with these things are trying to maintain
natural veg 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 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. >> Close. Second. We have a motion to close and a second. You're all set, Attorney Clawer, yep? All set. All those in favor of closing? I.
I. Opposed, none. I'll take another motion. >> Motion to approve with conditions. Second. Motion approved by the second. Frank. Okay, we have the following additions to um the facts which I read at the beginning of the hearing. This is a four-bedroom
home. Um we have been informed that there will be a D 9 septic system installed at the property. Um we have uh assurances or from the applicant through their counsel that they will save as many trees as
they can not clear cut [clears throat] to the boundary line. We also note that there's public comment from um Heidi and Eugene DiGiovanni who had concerns about the project. Um Uh Mr. Duffy, I should have noted I
think you said it was 9,850 sq ft. It's 9,650 sq ft. 9,000 I said nine 9650. I think you said 850, it's 650. >> say Yeah. It's 9650. >> Yeah. Sorry. Okay.
Um So, we have uh this is a special permit now under section 240-11.3A4 of the Falmouth 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 and no negative effects on views and vistas from public ways cuz there are private ways in this neighborhood. Uh and nitrogen and coastal impairments is covered by the IA system to be installed. Special permit uh under section
240-12.1A of the Falmouth 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 will be no negative impact on the supply of affordable housing. Any further findings? Is the chemical in the front yard a new
finding? I have it. Did you say that one? I read it at the beginning. >> Oh, okay. All right. I would just note Mr. Duffy said not than the existing structure. There is no existing structure, so existing conditions I think would probably be the Oh, okay. appropriate. >> Okay.
Well, as Attorney existing structures in the neighborhood. Do you have any further findings? No? Anybody else? Do you have any? All right, conditions. As built. Only structure certified lot coverage. >> yeah.
No further lot coverage. Um Doctor of the soil erosion sediment controls per the town of Falmouth. Per plans. All boards. Uh construction hours 7:00 to 7:00 Monday through Friday, 8:00 to 4:00 on
Saturdays, no Sundays, no holidays. That will probably be requiring Well, you do have that whole 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 will be no cutting of trees on common ownership without the consent of both parties. Yeah. Is that is that That's the law. I know, but do you think that's good enough for the tree? I don't think we have the authority to
mandate on a 40A a buffer zone of trees. We've had the applicant's testimony what they're going to do. 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 section. Make it a planting party. All right, I think that's it for
conditions. Do you have any more? You all set? Everybody all set to vote? >> Yeah. All those in favor? >> I. I. Opposed, none. Thank you very much. Appreciate your time this evening. All right, moving on.
Where is glasses? Big time. And last at bat we have uh 01526 uh Athamani. Athamani. Athamani? Sorry. You can help me say that. I didn't mean to You did well. ruin that.
>> this is application number 15 of the year 2026 by Yousef Yousef Athamani Athamani um has applied to the Zoning Board of Appeals for a special permit pursuant to section 240-11.3A4 and section 246.1B
to construct a detached accessory unit thereby exceeding 20% lot 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 sq ft in a zoning district currently requiring 40,000 sq ft. The street
frontage Sand which is Sandwich Road is 106.7 uh ft 100 ft 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 a special permit to exceed 20%. Maximum is 20 5%. 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 stormwater 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 right-of-way and we're going to ask the applicant to deal with that and in 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, but I hope you all understand. So, good evening, Madam Chairman and members of the board. My name is Yousef 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 professionally 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.
And the design minimize impact on the neighborhood and the site will Um the site will be uh built according to the board's requirements. I respectfully [snorts]
request approval. That's it. You're 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 ADU, you'd put one in for your son. >> Absolutely. I mean, [laughter] you know, I'd probably put it further back. Maybe in another town, but that's okay.
No, I don't have any problem with all that. I mean, and I understand completely his need for a accessory dwelling. Like I said, it's a good spot. That's all. Go ahead, Frank. Sir, what is the uh
square footage of the ADU? Uh I think it it uh it is according to the uh requirement. I think it is 900. >> 900? Is it less than 900? >> Yes. Do you know exactly what it is? >> I think it is 900 or less. >> All
right. And you uh can you represent to this board that there'll be no weekly or monthly rentals? Um This is strictly uh 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 uh we had kind of a vague reference or referral from the health department. Um have you talked to them about uh the neces- necessary permits that you may
need? Yes, I have been. Yeah, me myself and the engineering uh office uh in contact with them. I everything we're going to do has to go through the engineering office and the permitting department. Okay.
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 to do it. >> Yeah. Yeah. They they're not No, Irene was telling me though that it's they're hesitant to do licensing anymore. Right? I know that's how it is. >> I'm being given. Yeah. It's not in the roadway. I mean, we've
traditionally conditioned that, Madam Chairman, to either remove it or condition get a license. The applicant I think as long as the applicant is aware, we've done our job if we condition it that way. And we'll just condi- Can we condition We can condition either remove the obstruction to the public way
or to what get it licensed to the board. >> Get it licensed with the selectmen. 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 right 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. >> say no, then it's a removal. So we can use your condition. >> 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 fence. >> at uh Falmouth Hospital, by the way. I've been here for uh Falmouth Hospital for 25 years. And my son and his wife both are nurses and uh Are they?
Did you put that fence in yourself? Me? No. I mean, did you >> I mean, yeah, yeah, yes, yeah. I hired a company 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. I feel I agree. Yeah. And I have I don't think I have any other questions. The ADU height is 25 Yes. 12 inches? It Yes, it's going to
It won't 5 feet >> 25 feet 12 inches. I think it says 11 on here. How tall are you? 5 11? >> 5 11 and a half, yeah. It's 20 I get 25. I get 25. 25.1 >> 5 feet I had 26 feet 3 inches. But You
have 26 3? It doesn't really matter. I just want it for the record, you know. Yeah. Do you have any other questions? Or I'm done, so if you have any questions. >> No, I mean, the it's the ADU is by right by statute 900 square feet. It's needed, obviously. Both recognized by the applicant's
testimony as well as the well-documented 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 pull-off 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? Uh just a quick question.
>> [clears throat] >> Not that GIS maps are accurate, but it does show a unit on the property now that I didn't see. Uh 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 out there? No motion to Anybody from the public want to comment on this? Come on up. Sure. Madam Chair, board, uh Caitlin and Ben Trad at 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 walk-out basement. Um so had concerns
over whether this property would also be used as an ADU. Um additionally, there was something else. Oh, yeah. The So the the plot plan that I saw that was with the uh the application here 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 2 days.
Um So we have further concerns over uh the slopeage 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. [clears throat] So 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 Chilmark 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 feet of our property line. Um We also had some trees cleared as well. Uh by the Athamnes a few years ago
that were on our trees? Our trees, yeah. Tried to be good neighbors and not make a big deal of it. But it happened. Well well over the line. So just generally concerns over um What kind of >> a lack of respect for property boundaries.
Well, that's not good. Okay. May I ask a question, ma'am? >> Yeah, go ahead, Tony. 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, of utility, shed of, you know,
equipment for the yard. Um Right at the bottom of the driveway there. Yeah. Yeah. Um but, yeah, 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. You want to address any of that for us? The shed does cross over. Hm? It's not. It's not. I thought it was. I
understand. If it's their shed, if it's their shed, you can require them to move it onto their property. I would like to see what the lot calculations are. Yeah. That's a good question. I'm also
concerned about the additional paving, what the total lot coverage, paving, parking, and so on might be. Yeah, there was new paving. See if it's 40, that's going to be >> can do an as-built. Do an as-built. Do an as-built 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 a little more than another uh parking space, so I I question that it's going to be the 3% uh that brings them over the 40. It's It's a little more than just the left.
It actually comes right up to our boundary, our property boundary line. Well, Madam Chair, if Hold on, you have to come up if you're going to talk. Sorry. If it goes over the that, then it's going to be expensive to remove it. So, if you do the as-built and it's over the 40%, they're going to have to remove it.
That's what we can do is condition it that if he goes over, he tears it down. The the tar. The The The paving, the paving. Pavement. Okay. The lot coverage from the 40. Okay. I don't think we should make a move the
shed myself. I mean, we could maybe ask for screening. Then they're 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 Yeah. They went 30 into yours? Into ours, yeah. May I ask question, Madam Yeah. How long has that shed been there, 21 years? The shed? Uh no, within the last 10, maybe
eight. 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 is like >> 100 square feet or less? Uh 10 by 10? Probably about 10 by 10. Yeah. 8 by 10.
Yeah. Well, it's got to be at least 3 feet off the lot line then. It's supposed to be, yeah. And whose property is it up against, yours? Well, though that change for the 3 feet, if you're under 100 square feet, that only went in a couple of years ago. So, if the shed was
put in prior to If the shed is 10 years old, then the shed was put in before the sub acts. But you still have to have it be on your own property. Yeah. I just think it's a big ask to move something like that. It's
up myself. I don't know. Yeah, I mean, it's on the It's on um whose parcel is it uh encroaching on? >> that's the Chilmark at Falmouth parcel. They have a tiny triangle. Yeah, there's a tiny triangle that comes down between our property. >> have If Chilmark Group has a concern,
they've got another 11 years to go before it becomes adverse possession. And they would probably be here if it was Well, that's They would be what? >> They would be here if it was a huge concern for them, I would think. They don't There's a There's a pretty large wooded buffer between Chilmark and and
this property, and there was a large wooded buffer between ours, but it's not there. >> the use and the 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 use the impact of illegal. We're not the enforcement arm. You need to make contact the building inspector. Okay. Yeah. But we can condition what he said. Mhm. Yeah.
That's also in the law that it can't be rented. Right. It has to There's a whole bunch of rules It's a law that they can't rent to. Yeah. By right. The Right. accessory law. Okay. Okay. Thank you. Why not?
So, you've had concerns cuz 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. Uh
very peaceful. Uh we're all just >> many feet is this ADU? 10? 11. So, you can't clear past the 11 feet. 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 I do want an incident, and I apologized many times, and I going to 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. And I'm not familiar with the 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 and 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? Already went to the public. Anyone else from the
public? Thank you. Anybody else have any further questions, Tony? I I do have a question. This is in a coastal pond overlay district. Aren't they required to have a denial system? Yes. >> Well, there is My other only other thing concern is
this one he 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, it appears to be in a nitrogen sensitive area. >> permit it's a nitrogen area. Yeah, it well, it is, but we didn't get anything from the um Yeah, my
any increase of flow. You can't get a building permit without Right. So, They indicated they were short on information, correct? >> Yes. So, we have to condition it that they provide that information.
To what the the Board of Health finally does decide. I think we can. We can just condition it Yeah. All right. I think we're good. Any other further questions? You okay with conditioning that way?
Yeah, that's fine. I mean, you can't get a building permit without Right. Exactly. Everybody else all set? Yeah. Motion to close. Second. We have a 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 be. I'll second it.
All those in favor of closing? Aye. Opposed? 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 couple of additions to the facts. We did have uh public comment from Benjamin and Caitlin 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 nitrogen um control nitrogen in coastal embayments. 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 240-12.1E,
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, and 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 it may actually improve it. Yeah, it will actually improve it. Right. Okay, conditions. Is 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 representative, no rental, uh, family only, right? >> Well, modify shall comply with
>> We can't say family only, but it's It is an ADU by law. Just use that Yeah, that that that verbage. Yes. Um, Shall comply with town stormwater standards. Yeah, and how do we do that cuz 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 already? Okay. And then the regular ones. Well, you can't really do approved plans cuz the plans are off.
Um, all boards uh, construction >> Sure, I was I was looking at the plans, it looked like the water service was coming from the house, but though, 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 >> Oh, the plan itself shows it? >> 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. Uh, again, Madam Chairman, I will do exactly what the >> Okay, perfect. >> yeah, I would I would do that. >> Okay, thank you.
Um, any other conditions? Oh, hours of ops. Um, Monday through Friday, 7:00 to 7:00, 8:00 to 4:00 on Saturdays, nothing on no no construction on Sundays or holidays. Um, 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'll have to get police detail. Any other conditions anyone can think of? >> one finding and a condition related to
it. One was a referral from engineering that there is an encroachment of the fence and bushes into the Sandwich Road. Oh, yeah. Of Broadway, uh, the applicant will either must either obtain a license from the Board of Selectmen, and if unable to do so,
uh, will be responsible for removing all encroachments. Perfect. Did we leave any in? That was like the obvious one and I left it out. You got working hours, right? Yeah, I did working hours, yeah. Anything else you can think of, Noreen?
No further structures, did we do that? No further structures. I think that's it, right? Everybody all set? You guys all set? 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. I opposed? Okay. None. Okay, good luck. Thank you. And good luck to you guys, too.
All right, moving on. Take a half break. Oh, yes. We'll take a 2-minute. Uh, one or two. All right, let's finish our agenda. Um, minutes?
Are we doing them? Oh, Lord. Is Mr. Kirk here for Benjamin Knight? Um, minutes, we are uh, tabling for the season. 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? I'll do the board discussion. Board workshop is May 2nd. And next meeting, um, Ash will bring us the sign-up sheet. Yeah, I can send you
an email. Okay, or email, whatever. Um, or that's under board updates, I guess. Um, zoning administrator? Yeah. Yeah, so save your energy. >> we have um,
809 Sandwich Road and 0 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 re-mailing 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 are 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. >> 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 case number 65 of the year 2025. The applicant is Habitat for Humanity of Cape Cod Inc., 411 Main Street, Suite 6,
Yarmouth Port, Massachusetts. Um the owner of the property is LTC LLC, um which is a limited liability company in East Falmouth, Massachusetts. The property is 48 Benjamin Nye's Lane, North Falmouth, 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 Nye's Lane, North Falmouth, Massachusetts. Two, notice was given as required by
Mass. Gen. 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 Finneran, Frank K. Duffy, and Anthony P. Petrucci.
Can I interrupt? Yep. We have an absent D. Nick has filled in and done the proper procedures to fill in as an associate. I hear he'll be a voting member tonight. >> Voting member tonight. Okay. Warren Brody, attorney, 2 Salt Hay Road,
East Falmouth, Massachusetts, appeared before the board on the application with Noreen Brown, director of land acquisition, Habitat for Humanity of Cape Cod, and Joe Henderson, Horsley Witten Group Inc., 90 Route 6A, Unit 1, Sandwich, Mass.
The hearing was closed on March 12, 2026. Mr. Finneran 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 received, um and referrals from town departments, referrals and letters from interested parties and uh other people, uh plans submitted by the applicant or
applicant's 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 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 Falmouth had
10.33 affordable percent 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 Falmouth Zoning Board of Appeals has the grounds to declare that a denial that a denial or approval with conditions of the application is consistent with local needs as defined in generalized Chapter
40B, sections 20 through 23 and 760 Code of Massachusetts Regulations Section 56.031A 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 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, >> [snorts] >> the board issued a letter to the applicant by email and certified mail on
October 20, 2025, reiterating its stance that the town qualifies for safe harbor. This letter was provided in accordance with 760 CMR 56.03 section uh 8 uh 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 Falmouth's housing Massachusetts Housing Production Plan, known as the HPP,
report dated March 24, 19 March 2024, referenced 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 and 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
non-profit organization. Paragraph six, Zoning Board members attended a noticed site walk on October 10, 2025. Seven, the subject site, 48 Benjamin Nye's Lane, North Falmouth, Massachusetts,
premises, currently comprises approximately 55 acres and is sited [snorts] in a single-family residence B zoning district. Seven and 1/2 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 feet on Benjamin Nye's Lane. Approximately 3.2 acres will be preserved open space and remain as a
buffer surrounding the housing development. The 300 Committee of Falmouth will be permanently preserving the remaining adjacent 48 acres, 87% of the total site, which is undisturbed with native vegetation, including mapped
habitat for Eastern Box Turtles. The Massachusetts Division of Fisheries Wildlife will issue and oversee a management permit for the turtles. Eight, the applicant submitted a Phase 1 Environmental Site Assessment prepared by Streamline Environmental Services
LLC, 101 Jigget Road, East Falmouth, Mass. The site Nine, the site subject site is located within Fiddler's Cove Coastal Pond Overlay District, a nitrogen-sensitive area, and is on a public right-of-way. The full 55.5 acre site includes a
portion of of area within the 100- and 200-foot resource buffer, including potential vernal pool area, and is mapped as a NH ESP, estimated habitat and Mass. Wildlife
Core Habitat for Eastern Box Turtles. There are small pockets of DEP, that's Department of Environmental Protection, wetlands. The premises is also in a high windborne debris region. Paragraph 10, the proposed 7.5 acre
building site currently has a disturbed area with a barn, garage, and single-family dwelling, and is sited outside the 100-foot resource buffer. The structures on the site will be demolished to construct a housing development.
Approximately 3.2 acres, Lot 23, will remain as an open buffer space surrounding the proposed house lots. The applicant reported that the natural buffer area has an increased has been increased following meetings with abutters.
There will also be 23 point um eight 28 square feet, excuse me, 23,828 square feet of open space in the center of the circle known as lot 24.
A representative from the 300 Committee Land Trust stated that the site appraisal identified that the best use for the property was a 110 unit condominium development. 12. The 14 homes proposed will be deed
restricted and made affordable in perpetuity >> [snorts] >> with half of the residents earning 60% of the area median income, AMI, and the other half earning 80% AMI. The sales price will be determined prior to
marketing. The town has requested and the EOHL has approved local preference to allow up to 70% of the homes to be awarded to Falmouth residents or people who are employed in the town or with children that attend Falmouth public schools.
13. Construction is proposed in two phases. Phase one will be in the spring of 2027 and will consist of eight homes followed by the remaining six homes in the fall of 2028. Each home will have a
basement, off-street parking, and utilize a shared innovative alternative IA septic system. There will be a managed homeowners association, HOA. The applicant reported that dwellings are typically typically
meet or exceed the model for carbon neutral homes. The dwellings will be all electric, solar panels are planned and are projected [snorts] to have a HERS HERS rating of zero or better with no use of fossil fuels and
will be EV ready. All appliances will be Energy Star certified. 14. Because Habitat selects families prior to construction, floor plans can be modified for any accessibility needs of
the household. Families contribute 250 hours towards the construction of their home. The development includes eight ranch style homes, five cape style homes, and one colonial style home. The exterior doors are 36 inches wide,
bedroom and bathroom doors are 34 inches wide, and hallways are 42 inches to allow for accessibility. The deep insulation results in dwelling with the highest level of efficiency. Habitat has requested the ability to change the mix of home styles with no
change to the bedroom count. Um, you know, the the board may want to consider that point. Um, that was a recent request of theirs. Um, what they're basically saying, I'm presuming, is that if they have a
particular circumstance on one of the properties or a family setup, they may want a different style home on that lot. They hadn't specifically designated which lots were going to have which style homes. >> [snorts]
>> Uh, so they gave us a proposed mix, but what they're asking for is flexibility to make some change to those. Um, and still maintain the same number of bedrooms. So, they're not going to make
any change to the septic. Um, so the the question would be whether you want them to essentially apply for an insubstantial change to swap one style home for the other. And it's not really a finding. They never presented that at the hearing.
>> they just said that they were expecting what their mix would be, but if they swap, you know, one one extra cape uh cape instead of a ranch or something, if that's a concern of the >> So, I don't see how that can be in findings. It's we didn't that was never
in testimony. Well, would be if the bedrooms are the same. >> it on a on a on a >> show it and they showed styles. >> I think, um, their layout from another development. And when they presented this development, they did not identify which
lots were going to have which style houses on them. They just gave us a um total mix. Didn't they identify the colonial? Yes. I think they did. It was down by the driveway, if I'm, you know, like close to Benjamin Nye. >> So, I guess the question is, and they
can just apply for an insubstantial change. Right. So, I just put that in there in bold >> No, it's good. Now, may I say something about it? They have identified I thought they did. I thought I saw it. >> two-bedroom ranch, three-bedroom ranch. Yeah.
This has been identified in the plan. This is the findings, not what is now typed in. Okay. So, we can just cross I'll just cross that off and if they need to make a change, they can come back and ask for it. So, we'll just do insubstantial change and >> not I'm just going to cross off the bold
language. >> Madam Chair, I think we can talk about it, but this is not an insubstantial change. This is what they have proposed to do. This is what we considered. Uh, I'm not saying that you wouldn't make the change, but I think it needs to be a substantial I don't know it what the
definition I always figure what's substantial >> the definition of substantial change is if they added more than 10% more houses. Not if you make a change >> This is going to be a roof line or something.
>> So, bedrooms are going to stay the same essentially. It's a roof line thing, pretty much. So, basically what they're saying is if they're showing you it's going to be a two-bedroom dwelling, do you have a concern if they swap off one style of home for another? Okay. Let
me let me say we considered it. It says three-bedroom cape, four-bedroom colonial. I know as as one member that was important to me, that mix. And what I would not want to see is what they did on another location where they were all the
same thing. Yeah. All right. So, insubstantial change could take care of that. >> Strike that language. I just put it in there because it was raised. So, just strike it. Yeah, I would strike it. Okay, that's fine.
And they can just come back and request change. >> even need to vote on that. We'll just strike it as just striking it. It's never happened. >> Yeah. And just as an update as well, I didn't want to interrupt when Frank was on a roll, but um for the assessor map, the lot is actually
007 and I had it listed as 004. So, I will obviously correct that. >> That's at the beginning? Okay. >> page. All right, thank you. And there also under the findings, number two, at the opening of the hearing,
um I had it listed as June 12th, but it was actually October 16th, so I've got that correction as well. All right. Thank you. >> What Where What page you want to know? Um, That one was on page five. At the opening of the hearing, October
16th, 2025. >> Yes. Number two. Number two. Yep. All right. So, it's It's October 16th, 2025. Right? Yes. Do you want me to go for a while? No, I can go for a little bit longer. I just
want to keep track of these changes so we can I think we're on 15 now. Mhm. Yes, we are on 15. The access to the development will be via a 22-foot-wide private road running from Benjamin Nye's Lane and terminating
in a circle around which the housing lots are set. The applicant understands that the town will not take the road in the future um as sewer connections from individual dwellings run under the roadway to the shared septic system. A portion of the
existing westerly stone wall at the entrance to the development at Benjamin Nye's Lane will be removed and or relocated to provide for sufficient egress width. The sight distances to the east and west on Benjamin Nye's Lane are
sufficient. Town will not uh provide curbside trash or recycling pickup, nor will it provide snow and ice removal services due to the private road access. Trash and snow removal will remain private. The town will not anticipate taking the road in
the future due to private sewer lines running under the road. The applicant submitted a memorandum prepared by Jeffrey S. Dirk, managing partner of Annas Associates, who conducted that the additional vehicle trips with the development will not
result in a significant impact or increase of motor vehicle delays or vehicle queuing over existing conditions, end quote. Mr. Dirk concluded included recommendations on site access. 18. The subdivision plan will create 14 single-family house lots,
a lot in the center of the circle for the shared septic system, and the perimeter open space lot. 19. The center of the circle will contain the shared IA system, IA septic system. The area comprises approximately 23,828
square feet, which will be a common area within the HOA. 20. The applicant proposes to install a Nitrox shared septic system to reduce nitrogen where the premises is sited in a nitrogen-sensitive area. The Nitrox system is anticipated to
treat down to 5 mg per liter and will be sited in the center open space area of the circle. There will be four two-bedroom dwellings, uh nine three-bedroom dwellings, and one four-bedroom dwellings for a total of 39 bedrooms.
The applicant also created an area for a connection to the 300 Committee Trail between lots 5 and 6. 22, individual house lots are expected to range in size uh from 8,050 square feet to 10,114
square feet. The minimum lot size for the district is now 40,000 square feet. The applicant has requested a waiver from the minimum lot size requirement. 23, the street frontage for the individual lots are expected to range
from approximately 52 50, excuse me, 50.2 feet to 160.8 feet. The minimum street frontage for a lot in the district is currently 100 feet. The applicant has requested a waiver from the requirement of the
applicable lots. 24, bowls are proposed at corner at lot corners for the residential lots as shown on the subdivision plan, a waiver is requested related to some points of tangency or curve and curve and
curvature of the road where rebar is expected to be utilized. 25, the applicant proposes the ranch-style dwellings to be cited on lots 1, 2, 3, 6, 7, 8, 13, and 14. The applicant
proposes the Cape-style dwellings on lots 4, 5, 9, 11, and 12, and the applicant proposes the Colonial-style dwelling on lot 10. 26, dwellings are proposed to range in height from 17 feet 8 and 5/8 inches,
the ranch, to 21 feet 4 and 1/2 inches, the Cape, to 26 feet 7 and 1/2 inches, the Colonial. The bylaw permits heights up to 35 feet. 27, six dwellings are shown with rear decks, lots 4, 5, 9, 10, 11, and 12. All
lots are shown with an 8-foot by 10-foot shed under 100 square feet cited approximate to the end of the individual driveways. 28, the premises are not currently served by town water. The existing well
on site will be abandoned. The applicant has identified that they will be extending the existing water main from the Cameron Froad Road area to the development and beyond, installing one hydrant on Benjamin Nye
Lane and one within the development. The applicant reported an adequate uh hydrant flow test. Habitat identified a grant opportunity with the state that may assist with the cost related to extending the main, including a possible additional main
extension to And isn't that Wild Harbor Road. It should be. Yeah, Wild Harbor Road. Habitat offered to assist the town with the grant application. So, I'll make a note that's paragraph 28. The town's water superintendent
anticipated that the town would seek to extend the water main from 48 Benjamin Nye Lane to Wild Harbor Road at some point in time. W- Want me to go for a while? I'll go for a while. All right, go ahead. 29, the topography ranges from a low of 13
feet towards the northerly area to a high point of 40 4 feet in the west- westerly area of the lot. 30, some storm water run-off will run-off into a depression at the northerly area in parentheses, an existing topographic
low point, unparentheses, or managed to rain gardens. The development is designed to meet the 100-year storm water event. The site has sandy soils conducive for infiltration. Groundwater flow is based on contours from the Cape Cod Commission.
31, Habitat will incorporate native, easy-care, drought-tolerant plants in transition plantings between the woodland areas. The applicant has identified specimen trees on the site plan and will save as many trees as possible. 32, snow storage is proposed along the
street frontage of the lots. 33, the lighting for the development is proposed to be 14 6-foot pole lights with one with one positioned at each each each dwelling, plus two pole lights space between Benjamin Nye Lane and the
new houses to be illuminated automatically from dusk to dawn and to be maintained by the HOA. If anyone has a hold, speak right up, too, by the way. Um 34, as required by the bylaw, two parking spaces are so are shown on each
lot. Some driveways may provide space for for additional vehicles. An 18-inch gravel strip to the side of the driveway is proposed to allow side-by-side parking where there is no guest parking created in the in the private road where there's
narrow. The board requested installation of a geogrid or a similar pervious paver material to be installed along the curve of the circle to provide supported parking for visitor visiting vehicles to pull off pull off parallel to the
traveled way without causing rutting. 35, a common mailbox is proposed for the development and also includes approximate pull-off area for vehicles. 36, the applicant reported that Habitat for Humanity of Cape Cod has been
identified as a lottery agent and will perform annual monitoring with Housing Assistance Corporation, monitoring any resales. 37, the Cape Cod Commission issued a letter dated September 11th, 20 2024, noting that the proposed development
receives a received a development of regional impact DRI exemption. 38, Michael Renshaw, the town manager, issued a letter dated February 4th, 2025, to the Affordable Housing Committee recommending endorsement of a local
initiative petition LIP application for 48 Benjamin Nye Lane. 39, the Falmouth Select Board issued a letter March 26th, 2025, to the Executive Office of Housing and livable communities supporting the LIP
application for Habitat of 48 Benjamin Nye Lane. 40, the Select Board approved $250,000 for acquisition and 1.25 million for early construction costs per the applicant. 41, the town transportation department
issued an email dated dated December 3rd, 2025, noting that the school bus pickup is at Benjamin Nye and Old Main. 42, the Planning Board issued an A&R approval dated November 19th, 2024.
43, the Building Commissioner's 8/28/25 referral related to the A&R plan by the Planning Board. 44, that feel 43 feels it's not worded correctly. The Building Commissioner's referral dated 8/28/25 related to the
A&R plan by the Planning Board. Okay. 44, sorry, just felt wrong to me. 44, the Falmouth Affordable Housing Committee issued a letter dated February 15th, 2025, strongly supporting the project. 45, the Falmouth Fire Department by
email dated October 10th, 2025, has approved the turning radius for the fire apparatus access and reported fire hydrant coverage is adequate. 46, the water superintendent reported that the water main needs to be extended from its current location with an 8-inch
DICL. Each home must have its own 1-inch PE water service with a curb shut-off valve located outside of the driveway layout, maintaining 10 feet of separation from the septic system. Each water meter needs to be installed
inside the home and not in a crawl space. The water main installation needs to be inspected by the water department from beginning to end, so the applicant is advised to coordinate in a timely manner to allow the water department to fit this project into their schedule.
The applicant should go to the DPW and fill out four fill out 14 service applications and provide copies of site utility plan showing the location of the water main and water service to each home. 47, town engineer's September 20
September 22, 2025 referral, reviewed topics reviewed including storm water review, water, parking, access, grading, drainage, and general items. 48, the health agent issued an email dated October 16th, 2025, reporting that
the advanced nitrogen removal system proposed is on the state's best available technology list. 49, the Planning Board did not issue any comments. 50, the Conservation Commission did not issue any comments. 51, the Housing coordinate coordinator
issued a letter dated September 12th, 2025, noting that all 14 dwell dwellings will be deed restricted and be at or below 80% AMI and will be eligible for inclusion in the town's SHI, the town's subsidied subsidized housing inventory,
fulfilling a town need. 52, a butter concerns included sufficient space to maintain the wildlife corridor. That's one bullet point. Another one is having Benjamin Nye Lane preserved for walkers and cyclists.
Next bullet is not losing the rural feel with trees right up to the edge of the road providing shade. Next is limited limit limiting throughway traffic. Traffic impact. Size of develop-
in density. The possibility to develop duplexes or triplexes instead. Another one is whether there would be any fencing. Whether there whether any of the existing structure could be salvaged.
And the last one is well water on neighboring lots and direction of ground water flow and request for a test well. 53 Following concerns expressed by an abutter about potential impact to local well water. Both the board of board of
health agent and the town engineering reported that the title five separation distance from a leaching field to any private well is 100 ft and this is per mass DEP and that there are no wells within that setback. Board noted that no study was provided
demonstrating facts to support concerns relating to the ground water flow and well water impacts. 54 the board engaged Eels and Thomas for peer engineering review. Shall we vote on the findings now? Oh,
Madam I will make a motion that the board adopt findings one through 54 with the noted changes to paragraph two, the deletion of the proposed language in paragraph 14 and the noted changes in paragraph 28 as
um determined as as presented at the hearing. Second. Everybody all set? We got them all Noreen? All those in favor? >> I. All right, decision. No.
No. No. Procedural matter. No. Well, what is it? Madam chair, you have to decide. I let's let's at least hear it if that's if that's okay. >> he came all the way to say something so let him say it. Yes, thank you very much. Um
I I see a procedural problem here. Uh this hearing closed on March 12th 2026. Um There was never a waiver requested prior to the close of the hearing.
Uh with respect to waiver 10.5 which is a request to it's a decision to waive the provisions of 305-14 an environmental impact statement
which described the submission of environmental and economic impact statement. Um I was here at the board Tuesday and got a draft of the decision. And this
waiver 10.5 was not in it. And I see tonight that waiver 10.5 new language asking you to waive
grant a waiver for those provisions. But I don't believe the applicant ever requested that either prior to March 12th, 2026 when the hearing closed or since that time.
And my client Mr. Lintner It was his objections that are referred to here in section in paragraph 53 about the uh
impact on neighboring wells. And the whole purpose of and the the the paragraph states the board noted no study was provided demonstrating facts to support concerns relating to ground water. The applicant
that burden was not on the applicant. The that burden was not on my client. The applicant under the subdivision regulations is supposed to present you with an environmental impact statement. So now we come to tonight and this
provision that waives that uh is being requested and you're being asked to vote on it. And I think it's improper procedure for it to appear and be the subject of a vote tonight because I don't think
this was presented or requested while the hearing was still open. Thank you. Thank you. Well, just proceed. Um it's totally up to you. I guess my reply to that would be that I prepared a draft
and I uh submitted the draft including to habitat and there were some corrections that they provided or questions they provided to me. And when they reviewed the waivers, what they said was that they
had included that on plans. So I did include that here. Um it's certainly up to the board how you want to act on that or not. Um I know that the topics were raised during the hearings. Um I did not go back and
review each plan to see where it may have been written on a plan. Do you have Do you have the verbiage of the waiver? Yes, it's uh the waivers come up later on in your decision. >> right. >> uh 21. Yeah. But so what what Mr. Clark
is saying is that his client requested that the board require an environmental impact statement. Um we don't have anything from the applicant. But the board on its own is is
determining that it has the authority to waive that requirement. No. Um It was discussed. I mean we talked about it. It was not that this we talked about it quite a bit. >> Yeah. Um
But did they ask to waive it? Well, I think at least somewhere in the findings there should be a statement because we we do have a finding that um among the Yeah, that it's No well within 100 ft. Well,
if we look at the findings, Suzanne just read them. That's number 53. >> Well, well water on neighboring lots and direction of ground water. Perhaps that paragraph or that sub that bullet should be expanded to note that Mr. Lintner appeared and requested an environmental impact
statement and the board discussed it. Okay. And let's let's find out what number that was where we >> That's on page 11. Page 11. >> Paragraph 52, the last bullet point. Okay. So you want to add a statement at the
end that includes uh the abutter who discussed that. I would identify him. Say that he appeared and he was concerned about the uh direction of ground water.
And requested an environmental impact or ground water he requested a study of ground water flow and I think he may have requested an environmental impact statement. It's kind of 53. Yeah, it's 53. >> That's what the board discussed. Yeah. I mean it was a matter of public
discussion. But we should probably put in there that the board also noted that the the well in question was more than twice the distance. >> already in there. It is. It's a the 100 ft and separation
is 100 ft. >> leave the rest. Yeah, that's okay. Can I Can I just point of interest if it's not in the waivers requested, how how can we even put it in? What? If it's not a I guess I'm I'm a little confused. If they didn't request the
waiver, why would we put it in here? We How are you going to waive if it's over the 100 >> Yeah. What are you going to waive? >> it during the hearing is what you're saying? The gentleman asked it. Yeah, but what are you going to waive if it's over the 100 ft? Well, now the 100 ft reply the environmental impact statement
applies to more than more than just 100 ft. separation applies to a whole bunch of things. But the board did discuss an environmental impact statement and decided it wasn't needed. Yes. That's And then the engineer gave us his uh
uh review on the direction of the uh flow as well. They didn't discuss an environmental impact statement. We were asking for some testing to take place. Uh and
habitat declined to do it and you folks said we're not going to order them to do it. But the question of a a waiver of the environmental impact statement to my recollection was not discussed. It wasn't requested and it wasn't discussed.
Because the environmental impact statement goes further than the uh regulation about 100 100 ft and how far the well is. It talks about the impact on wells within and outside of the subdivision.
So I just want to be clear that it it it wasn't environmental impact study was not discussed. So Madam chair, if we had an an abutter
who brought it up. The board said we're not going to consider that. But it's not really a waiver if they didn't ask for the waiver. Are we waiving it? Are we making this up as we go? No. They
Who Who put in 10 5? You did. So, I had a reply from Habitat when they looked at the draft and they indicated that they had asked for the waivers and then it was on plans. Oh, it's just on the plan.
>> go digging through >> not in the book. to verify if something was somewhere. I assumed I had just missed it. It's not in the book that they presented. The waiver. >> know. Well, I have it right here. >> Yeah. Yeah. No, she said it was on the
plan. Oh. Like a hard plan. Do you have yours over there? I do not have that one. It's got to be down here. Do you want me to get it out and try to notify to find it? I mean, I think we should get it right.
Is it where do you find? Is that Is that the way properly ask for a waiver is to put it on a plan? >> Look at the fact. Is that even valid later? >> they're allowed to verbally request waivers as well. I mean, they originally
when they submit in filing, they would ask what their original waiver request was and then as the hearings go, if there's something additional that they would want waived, they're eligible to ask for that. They'll be And I know we did have discussion about
it. >> Definitely. And they said someone told you it was on the plan. I think that was the engineer. So, here's waiver request. How is that word posted?
>> So. But where am I going to even find a lot dimension waiver later? >> do it next meeting. Yeah, that's what's in the book also. The 30th, I think. It's this month. I guess it I mean, I don't know anything Oh, yeah. Horrible. Do you want to just continue it? Continue it and
conditionally approve it subject to verification and then vote have the final vote on the 30th. And we could we could go through Can we go through all of these tonight? Vote everything except conditionally vote the one on the environmental impact
subject to verification and then have our final vote on next meeting. Yeah, I think that's fine. Because we can't we can't be looking through everything tonight. Yeah, we can just effectively continue it for the final vote. But we'll go through every paragraph.
>> Finish and then come back to this. That's fine. Is that doable? >> That's fine. All right. Yeah. All right. Did you hear all that? Yeah, I'm curious what I heard the word verification. Verifying what?
We're going to go through the plans and check all our meetings and you said it wasn't discussed at all. I thought we did discuss it. So, we're tasked The the the whole concept of possibly my client's well being polluted.
>> we did impact myself, too. But No, I don't I don't believe so. >> verify. So, are we going to It's It's not so much the the the discussion, but you're going to verify that they in fact they asked for a waiver before
the hearing closed. Okay. We're going to do that. >> Yeah. We want to get it correct. Yep, we want it done right. All right. So, where were we? But the the decision. We're going to skip over the be resolved and start with general conditions G1. Okay.
G1. Where this comprehensive permit is made specifically under Mass. General Law Chapter 40B Section 20 through 23 allowing the override of local zoning {parentheses} dens- density, there shall
be no as of right changes made to the subject property. Any changes requested shall be properly submitted to the zoning Board of Appeals and provided for under Mass. General Law Chapter 40B and 760 Mass. General Law 56 760
56. Skip over this stuff. Um G2. The construction shall be substantially as shown on the plans submitted and reviewed by the board as follows. I'm not going to read all those.
Okay? Go on to G3. And then the bullet point subdivision plan, bullet point basement. G3. All storm water from the premises shall be directed to recharge on the premises. The storm water system shall be operated and maintained privately.
G4. Drainage structures shall be constructed in accordance with the plans. Soil shall be confirmed prior to installation of storm water infiltration structures. For the main storm water outfall and a headwall shall be installed to manage storm water discharges. Maintenance and preservation
of drainage structures shall be with the responsibility of the homeowners. The subdivision plan shall show all proposed drainage easements. G5. The access road is private and will remain so. The town will not provide trash, recycling services, or snow removal.
Any portion of the stone wall to be relocated shall be shown on a plan and reviewed by the peer engineer. G6. The applicant shall install a geogrid or a similar pre-pervious paver material along the curve of the circle to provide supported parking for
visiting vehicles to pull off parallel to the traveled way without causing rutting on lots or blocking the road. This will ensure that visitor vehicles do not block any emergency vehicle access. G7. Parking or storage of any unregistered vehicle or boat on the
premises is strictly prohibited. This shall include This shall be included in the homeowner documents. Parking for a minimum of two vehicles shall be provided fully within each lot. >> a hold on that. Hold on G7. Do you want to just do it right now? >> It's up to you. Yeah, go for it.
It talks about homeowner documents. I don't know what homeowner documents are. Are they trust documents? HOA? >> HOA. Should probably say HOA. HOA documents. I was thinking the same thing. Good point. We all set with that one. We're
switching that one to HOA documents, okay? >> Okay. G8. The applicant shall install a pull-off area for vehicles to access the mail kiosk south of the intersection with Benjamin Nye Lane. The mail kiosk shall be illuminated from dusk to dawn
as it is as it is cited between two proposed pole lights. I have to I have a question on this area. Didn't we have a pull-off of the bus? Was that Are we using the map? >> bus was on the bus road. Bus goes up to the No, but I mean for the parents
sitting there waiting for the kids. >> That's on Old Main Road. Okay. All right. I thought we men- I thought I brought that up. Yeah, we did, but then they busted up >> Okay. That doesn't go down that road. >> So, G8. I just did that one, right? No, I didn't. Got to [clears throat] go
Yeah, I did. I did. G9. Did I do G8? Yes. Yes, you did. G9. Any deviation, no matter how minor, from plans submitted and approved shall be submitted to the Zoning Board of Appeals for approval prior to implementation of said change. The Zoning Administrator may make a determination as to as to whether the
change is a minor in nature and can be approved administratively or whether they will require a public meeting regarding an amendment. Changes made prior to approval shall be subject to a full hearing and are at risk of the Zoning Board of that the Zoning Board of Appeals may deny the request
subjecting any unapproved construction to be to be to be ordered undone. I have a hold on this. Go ahead and take it up now. This is of of concern in the board, but um their request to mix or remix the houses
not without changing the bedrooms, which we just heard would become under an insubstantial change. Um It It It could go either way. I I don't understand how you can present a set of
plans very specific to housing design and the mix of that design and even though they're not changing the bedrooms count, they want to change I want to make sure I'm clear. They want to change maybe where the colonial house was and
make that a cape. Maybe the cape house goes where the colonial house is. I think I just said that over where the ranch goes. I And I I'm uncomfortable with If we were presented with very with very specific plans, this is basically saying that and now we're saying, "Well, look, if you want
to change it, just go see the Zoning Administrator and it's an insubstantial change." No. >> But how does it But how would that be more than 10%? I I'm really struggling with that. >> problem is that under in a 40B, the plans are not definitive plans. They're
only proposed plans. So, that's all we can approve. You don't get a real plan in 40B. >> a real plan. It's not in stone. I am out of words on that matter, so Yeah, it's I guess that's it. It's not a good thing, but that's the way the world is.
Do you have any comment on that at all? No, I was just going to say that um you know, there are periodically very minor things that developers come in with. >> Yeah. Um but you know, typically with
something like the change for houses, they can come back and present to you and then you as the board would determine is it an insubstantial change or substantial. And the state's very clear about what they consider to be
substantial or not and they direct you that if it doesn't fall under what they continue consider to be a substantial change. So, for example, if you switch a two-bedroom house with a two-bedroom cape,
the state will tell you that's not a substantial change. >> Right. So, if you find that it's not a substantial change, as of that finding, they're approved to make that change. So, the only thing that that actually
comes before the board for a vote is whether something's insubstantial or substantial, and only if you determine that it's substantial that you would then have a hearing. So, >> But we can have say in an insubstantial
change. You All you can say >> can like beg. Or you can beg. Not really. Yeah, I mean, no, but we can we can at least converse. Like if if if Tony really wants a cape instead of a ranch, we can at least express that. Sure. At a meeting. At a meeting, but we're not
going to get it. We might Well, they might mean they could they could appeal it. >> What they can say, yeah, but you you have to make a finding that the issue, the subject, is substantial or insubstantial. And as soon as you say that the subject is
insubstantial, you are approving it. It's done. So, basically >> they came back with with a request for three more bedrooms. It's a 39-bedroom thing. It That's under the 3.9. So, I mean, it's I don't see where they're going to hit
the 10% with their construction. >> Tony wants it to be very diverse. He's worried that they're going to line up I'm just taking away the >> Well, I mean, they sold The reason the plans were presented the way they were was to sell us on the idea of diversity. >> of diversity of style. And now they want
and I understand why they do because you might have a family that says, "I really don't want that colonial there. I want this ranch over here." I I I get that, but they sold us They should have presented it that way from the very beginning. However, I understand what Noreen is saying. If
it's an insubstantial change, again, it's 40B, we can't fight it. I I don't know a way around it. So, I I have to quit on that. I think if if it when we do decide if it's substantial, which we're going to say insubstantial if it's a roof change or whatever,
that we can express that we're concerned about the diversity. >> Well, then make everything come back. Then then take the zoning administrator, make make a determination, make everything come back here. That's That's the only way you're going to work that out. Yeah. We could do it that way.
But that might mean This means everything. Right. >> This means if if they don't like the faucet next to the front door and they want it near the back door, it's not just house changing. This is everything. It's still kind of You know what I mean?
Am I Am I calling it right here? Yeah. This is like I don't want a blue shutter, you know? into certain amount of minutia where, for example, you know, do you really want to see absolutely everything?
You could put a statement in there, Tony, that if there's any um change to the kind of dwelling, like if it's a ranch or a cape or a Any change in style, for instance, any change in housing design and style as
presented during the hearing >> come back to the board. It shall come back to the board. >> Yeah. And then Yeah. >> we can all say it's a substantial or insubstantial change. Noreen's going to direct us that way. >> They're not required to submit complete plans, so
how can you do that? Well, then why don't they just leave a blank plan then? No, but this will come when they're further along. >> be incomplete. I think that's good to do it that way. That's fine. I mean, you know, it keeps the public informed as well. But what we have done in the past
is that you have brought before us any requests for most requests for changes and let us decide whether it's substantial or insubstantial. >> Yes. Yep. And I think that's what we should continue >> I think we should do that. >> So, take that sentence out
of the Let's say you're recommending instead of Just take out the zoning administrator shall make a determination. Well, no. with the board. >> can make a recommendation as to whether or not the change >> administrator can make a recommendation to the board as to whether the changes
is something like that. >> Yeah. Does that sound okay? >> what we want to say, Mark. Okay. Shall I read it aloud, the new one? Or Noreen, why don't you read the new one? Nine. G9. Yeah. Okay, so you have Any
deviation, no matter how minor, from plans submitted and approved shall be submitted to the zoning board of appeals for approval prior to implementation of said change. The zoning administrator may make a recommendation to the board
as to whether the changes are minor in nature and can be approved administratively or whether they would require require a public meeting requiring an regarding an amendment. Okay. Yeah. I think that covers it. Yeah. All right. It does. Is that okay? That's
good. Thank you. Okay. All right, nine we're going by. 10. This comprehensive permit shall be a master permit which shall subsume all local permits and approvals normally issued by local boards other than as specifically enumerated in a condition.
The Board of Health and Conservation Commission are excluded from this provision. G11. This permit shall not take effect until a copy of the decision bearing the certification of the town bearing certification of the town clerk that 20 days has elapsed after the
decision has been filed in the office of the town clerk with no appeal being filed is recorded in the Barnstable County Registry of Deeds or that an appeal has been filed with such within such time. In parentheses, 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. Parentheses done. G12. This permit shall lapse 3 years from the date on which this decision is filed with the town
clerk's office if a substantial use of the comprehensive permit has not sooner commenced except for good cause as determined by the Zoning Board of Appeals. G13. The comprehensive comprehensive permit shall not be transferred without
express written approval approval of the Zoning Board of Appeals in accordance with 760 CMR 56. G14. Each condition in this decision shall run with the land and shall, in accordance with its terms, be applicable to and binding on the applicant and the
applicant's successors and assigns. G15. Construction hours shall be limited limited to 7:00 a.m. - 7:00 p.m. Monday through Friday. Saturday hours shall be limited to 8:00 a.m. - 4:00 p.m. No Sunday or town observed holiday hours
absent any emergency. In bold, Habitat has requested that holidays be removed from the prohibition to allow for families to assist on their days off. So, that's, you know, subject to the board's discussion, obviously. >> Yeah.
You might want to explain that the people have to I don't know if everyone like he Nick might not know that these people have to assist. >> Yeah, I think 250 hours. >> 250 hours. And it's You know, their their rationale was that these folks are working full-time. >> can't afford to take time off.
>> to be able to put in the hours that are required, they're going to have to do that on weekends or holidays that they're not working. So, Nobody around to disturb anybody. >> Habitat has asked if the board would consider removing
holidays from the prohibition. Um there's another possibility that you could consider, which is that if the shell of the house is done, that they'd be eligible to do, for example, interior work. Who are they going to disturb out there?
>> impact. >> Nobody to disturb. And nobody to disturb. Right. Well, you you just don't want a cement truck coming in on Christmas morning or something like that. Yeah, but that's not what that's not what they're asking The zoning administrator is I'm sorry, what Noreen is just said that works
because they're inside. I mean, our concern is disturbing a community with the people. >> Right. You know, so I like the idea of saying once the structure once all work within the building Yeah. once enclosed
and weather ti- once weather tight they can work on holidays. What uh Is that in here, the the the timing? No, but uh you know, I just put this in there because they asked, but, you know, Let's let's tighten it up and make it so when there is Why do we want
to limit them or tighten it up when they're out in the middle of nowhere? Who are they going to bother? Uh it's a it's a precedent-setting situation. I understand why they want to do it. Uh but we have to consider an entire community, not just a few people.
>> I mean, we can look at this more of a case-by-case basis and I mean, >> We do have >> going to want to disturb >> have I think we have to point out in this that these people, like in normal 40Bs, Joe Blow doesn't go and hammer his room. You know what I mean? These people
>> We we did include that they have to put in the hours. It's in the finding. They can do 250 hours. >> Okay. I mean, you can't. So, Habitat has requested that holidays be removed from this prohibition for interior work. Yeah.
Let's do it that way. >> Yeah. To allow for families and finish it right off, yeah. That's good. >> work, all right. Specify interior. Yeah. That's fair to the neighbors. I think that puts And that way there won't be a lot of equipment or trucks
or, you know. Yeah, the people working. That's not It's not other workers. It's just the people that are putting in their sweat equity. I mean, I don't think limiting limiting them in in any fashion is right. Well, I just think we have to be careful of the next 40B.
>> truck in with them or, you know? I mean, have to be careful of the next 40B coming down the road. >> this this is this one. We'll deal with this This is All right. This isn't the next 40B. This is This is Benjamin Nye's Road. I don't see how they're going to disturb anybody. >> don't see how
keeping it inside is going to mess it up. >> enough for somebody to get 250 hours. They're probably working two jobs. If you do not restrict this, you're going to have an attorney say, "Look, you didn't restrict it here. Why are you restricting us?" This is a 40B. They'll pick up on everything.
>> Well, because it was for sweat equity. And they're not doing it on the next 40B. I mean, they're they're There's a definite demarcation or whatever, but Not Not Not that it's on this. One exception does not a precedent make. Yeah.
No. If we make several exceptions in a row, then we're setting precedent. But one is not. >> I still think we have to put in this G15 somewhere that these people that are going to live there have to work in these dwellings. Even though it's already in the findings, it should be in there somewhere. So that it's cohesive.
You know what I mean? Doesn't this say it? Oh, well, we have to say what they're you know, and we allowed request. What do you think? Do you think that we don't have to bother to put it in there? You know, I think this this 40B is very different than many others.
>> It's the best one we have. Ever had. No, but you've had many 40Bs where the new house is 10 ft from the lot line. So, are they going to bother and a butter if they're there on Patriots Day? Sure, because there's somebody next
door. Here you don't have any abutters. >> we agree and we increase the buffer. I don't know what to say. >> but as has been pointed out, I would just eliminate the whole sentence. They're going to work on a holiday anyway. There's no one in town that's going to
enforce it on a holiday. Well, no. They're not going to There's no one there on a holiday in town hall. >> Well, if somebody calls, I mean, I I don't see why Habitat has requested and the board allowed. I just I would eliminate the sentence
altogether. The whole bold sentence? >> rid of it. They're going to work. They're going to work. >> And it opens the door for somebody to if they wanted to matter. They want to complain, they can complain. Well, it's a tough one, huh? I'm I'm having a tough time with it. I think you
just >> like there was some consensus for the possibility of interior. Yeah. So, maybe just express >> for interior, that's fine. >> It maybe if everybody's agreeable, then you would express that
they can do interior work. Yeah. Well, that's the houses rather tight. I think they do interior work anyway. They're not on the roof roofing and shingling and all this other stuff. I'm I'm I'm not for limiting them in any
way. I'm going to take a break. These people are putting in sweat equity into it and working their regular jobs. >> want that sentence removed, too? And you do, too? I want the sentence removed. I mean, I'll go with it if you want to do 3-2 or whatever it's going to be.
And just take it right out. I can I can do that. I move that the sentence beginning Habitat has requested be removed. >> No bold. The bold is gone. I'll second. Everybody's up for taking the bold? All those for
taking out the bold? All right. I. Against? Against. >> Okay. No, we just took it out. Be nice. Yeah, I'm good. All right, G16. We're moving on. Oh, wait. I have to finish reading that. All construction vehicles shall remain strictly on the subject prop
property and not park on abutting streets. Construction vehicles are prohibited from idling on or near the premises outside of construction hours. During construction, efforts shall be undertaken to minimize impacts on abutters, including securing dumpsters,
stabilizing soil to guard against erosion from a rain event, and ensuring that public roadways are kept clean. G16. The development shall be limited to a maximum of a 14 single-family dwellings with a total maximum of 39
bedrooms. 14 dwellings shall remain in perpetuity affordable to eligible purchasers whose annual income shall not exceed 80% of the area median income as determined by the United States Department of Housing and Urban Development. The 14 affordable
dwellings shall remain eligible for inclusion in the town's SHI meantime maintained by the EOHLC. Basement space may not be used as bedroom space, nor may any other rooms be converted to bedroom space. Any
increase in the number of bedrooms is a violation of the zoning bylaw in this comprehensive permit. >> We have a a question on this G16. Noreen, you only mentioned the 80% of AMI. What about the 60%? Okay. So,
That's the exception right there, right? >> Typical with the state, nothing is clear or perfect. So, the way this works is that Habitat on initial sale is selling half of the dwellings at 60% AMI or less
and half at 80% AMI or less. But I have confirmed that the EOHLC, in their wisdom, if a 60% AMI house goes up for sale, EOHLC only requires that be sold to
somebody at 80% or less. So, that comes from the EOHLC. Oh, okay. So, Okay. because of that, I had previously said that, you know, if you had a 60% AMI house, that you would
then sell it to another person at 60% AMI. But the state does not require it that way. The state requires 80% or less. So, this was adapted to conform to the EOHLC. Okay.
So, that being said, you know, hopefully Habitat, you know, with their mission is to help people that can't afford these, that they would hopefully continue to resell to those people that need them. So, even though the income shall not
exceed 80%, you can sell to somebody with less. Yeah. Right. Everybody okay? Okay. Okay, everybody? All right, G17. The maximum height of the dwelling shall not exceed 27 ft. I got a hold on that. Why is it
Just explain it to them. Why is it bylaw allows 35 ft? Why are we restricting to 27? All right. So, I will explain. So, Habitat has described to you that I believe the tallest house was 60 26 ft
something. So, the idea was that by granting them a maximum height of 27, you are holding them to the plan that they showed you. Yep. It is correct that they can build up to 35,
but that's not what they told the board. Yeah. So, my premise is that if you tell them 35, they'll do it. You You could potentially have a house that's not what they showed you. But that contradicts the
the whole thing about changing plan style, housing style. Right. So, I mean, it's up to you if you want to say that they stay under 35, you can do that. Um, you want to say that they stay It's already said. Why don't we say the maximum height of the dwelling shall not exceed 27 ft as represented by the
applicant? That's what it should say. As shown on the plan, right. That's exactly what it should say. And they can always come back if they decide they've got a different house style and it's going to be taller, they can come back and say, "This is what we'd like to do." So. Okay.
All set with that one? Who held that one, you? We're good? >> Yeah, we're good. We're all good. Okay, 18. G18. The dwelling shall include an entry and a first-floor bathroom with a minimum 32-in doorway width to provide visitable access. All three-bedroom
homes include a first-floor bedroom. The dwellings will range from approximately 972 sq ft to 1568 sq ft. G19. To the extent permitted by law, preference for the sale of 70% of the units shall be given to home buyers that
are Falmouth residents, employees of the town, employed within the town, or who have children attending the town's public schools. The applicant shall work with the housing coordinator to communicate with the state and shall provide the lottery information for the
units. G20. The affordable year-round, not seasonal, family ownership units, of all all of which shall be eligible for inclusion in the subsidized housing, the SHI, shall be subject to a regulatory
agreement. Fair marketing and income guidelines. The unit shall not be rented or subletted or a Is it subletted? Sublet. >> Sublet. Sublet. Certification of compliance with the affordable housing regulation shall be submitted after the
sale to the zoning board of appeals and the Falmouth housing coordinator. This certification shall include documentation that each affordable ownership unit is occupied by a qualified owner in their in as their primary residence. The affordable unit
shall remain affordable in perpetuity with a use restriction recorded at the Barnstable County Registry of Deeds with a copy going to the zoning board of appeals and the housing coordinator and shall survive sale, {comma}
foreclosure, or bankruptcy. Any resale of an affordable unit shall be properly managed by an affordable housing specialist and report in advance to the zoning board of appeals and the town's housing coordinator and shall include the fact that any future owner is
subject to all terms and conditions listed herein and as provided in homeowner documents. G21, the applicant is a non-profit organization and shall comply with all applicable EOHL requirements. The
applicant shall submit to EOHL and the select board a project cost compilation following the issuance of the last certification of occupancy. I was going to say COA. G22, the definitive subdivision plan
shall be recorded at the Registry of Deeds. After recording, the plan shall be provided to the assessor for a new parcel identification. Following the new parcel assignments, addresses shall be assigned by the town engineer. Applicants may inquire about the draft
about draft addresses. This proceed This shall precede the application for a building permit. This procedure shall precede the application for a building permit. G23, there shall be no further division or subdivision of the premises or the creation of any additional housing units
or expansion of structures without further approval of the zoning board of appeals in the form of an amendment to this decision. G24, any proposed permanent development sign beyond a street sign shall be submitted to the zoning board of appeals
for approval prior to installation. G25, the applicant shall comply with any requirements of the Conservation Commission or the Board of Health. G26, lot 23, the 136,884 square foot parcel surrounding the
housing lots on the premises is proposed to remain unimproved to provide buffer for abutters to abutters. This shall This lot shall be designated as a not not a buildable lot and shall remain unimproved in perpetuity.
Hold on to this. Yeah, go for it. >> Um it I I'd like to make sure this is vague about shall remain unimproved. Um it's It has to say something about the beach shell. What's going to eventually happen is people start to put their boats back there, their their work
trailers back there. This buffer is put there to protect the folks behind them. Um so it has to say something about this should be no It should remain unimproved uh without any encroachments and remain in a natural vegetated state. Yeah.
Okay. That's a That's a good verbage on encroachments. It's great to put that in. Good. Did you get that, Noreen? Yeah. That was good. >> Yeah. Everybody good on that? Yeah. Yeah, cuz it's set All right, G27, the homeowner
Do we We don't need to vote on it really. It was just a quick add it. G27, the homeowners association document shall include the responsibility for common areas and to include to include the private road, open space including the shared septic system, site pole
lights, and storm water drainage system all to be maintained in good order in perpetuity. So I have I have an addition? Yeah. Yeah. All right, two thoughts for the board. It's all right, they've already agreed
to it then you look at the minutes um that all exterior lights will be dark sky friendly down lighting. It's already in the minutes. I asked about it. Okay. Um and this is for the pole lights. Already light outside, but they'll be
dark sky friendly versus dark sky compliant. Dark sky compliant is very expensive. So it's in the minutes. >> That's good for this section, too. Yeah. Yeah. You got that, Noreen? Yep. I have one more. Okay. They've already agreed to this in the March 12th minutes
and that is that they've agreed to assist the town of Falmouth to obtain a Mass Housing Works Infrastructure Grant or successor grants for the water line extension along Benjamin Line Benjamin Nye Lane to Wild Harbor Road for a period of five [snorts] I'm adding the five years for period of
um Mr. uh Petrucci asked for this uh for a period of five years from the date of this decision. Habitat's efforts to assist Falmouth to obtain the grant shall include contacting the water department at least once per year to
offer grant writing assistance during the term of this condition. Work with the water department in all in all other necessary Falmouth departments, agencies, and boards to assist, guide, and provide whatever information and documentation
is required by Falmouth to apply for the Mass Housing Works I'll hand this out Mass Housing Works Infrastructure Grant. Reporting in writing to the zoning administrator when Habitat contacted Falmouth and the status of that contact.
Falmouth's Here's part that you were worried about. Falm- We're not going to eliminate Falmouth's failure to apply for or achieve procurement of the grant shall not negatively affect any other part of this decision and its conditions.
So Noreen was concerned that by putting this in something they've already agreed to in the March 12th minutes that uh it would be uh difficult and would hurt them. Well, Okay, but I think one particular problem I'll need to sign.
Uh you know, you've referred to a five-year period of time. Uh Habitat can have these dwellings completed and sold and be out of that prior to the five years. So what you'd
be saying to them is that they're saddled with this requirement to Yeah. continue to offer the town uh what they said they would do. Until until >> For five years? For a period of Well,
they didn't say the five years. I added the five years. Mr. Petrucci asked for it uh during that uh hearing. Um we can certainly I would say till they're done. Till the last Until the last building is Yeah. Yeah. All right. Last occupancy permit.
>> That's what I would Yeah. Yeah. That's more of a And right And that could go on for six, seven years. All right. Well, they have their layout in there. It's going to end in 2028, so Yeah, but they won't do that. Oh, they might do that. They might not. Is Do you think the occupancy permit's
okay? The last one? >> permit be fine. The last one? >> That's three That's two years three or maybe three years. Yeah, I don't have the language in front of me as far as Thank you. Um So they've already agreed just so you know in the March 12th
hearing Mr. Brody said, "We would agree to a condition that we will take whatever efforts are necessary to obtain a grant for the water line extension." I'm letting him off the hook on that. Be- Because they're saying they were going
to do that. All I'm asking is that they assist the town water department do it. The town water department has made a statement to Noreen that they don't have the manpower to for Well, we're going to give them that. Yeah, but they >> have to be able to wash their hands of of our water department at some point,
too, I think. I think the occupancy permit >> I would put that in. >> Yeah, I think that covers it. I mean, I think this is This is pretty broad in that it also says "guide and provide whatever information and documentation is required by
Falmouth to apply for the Mass Housing Works Infrastructure Grant." I mean that's >> Well, that's not That's That's That's way too much for them. Well, what would you restrict it to? >> That's onerous. I think what Habitat said was that they had done some work
and that they were willing to share Right. help the town. But this almost looks like you're expecting >> does his verbage say again, Tony? Mr. Brody. >> Uh it's much It It actually would cover everything I'm asking for. It says um
We should use his >> We would agree Well, I did. I signed it to We would agree to a condition that we will take whatever efforts are neces- Whatever efforts. That's all encompassing. Are necessary to obtain a grant for the water line extension. Well, then if they will make
efforts to help the town. >> We We already have one condition one thing that's being postponed. Why don't we just direct the Do Add that to the list. >> administrator to add this G It's now G um
G29 as proposed by Mr. Petrucci to have an end date and specify the the amount of work to be done. And then we can vote on it on the 30th. Why would um just want to ask Why would you put an end date on it when they're going to benefit just like
anybody else? Cuz they might be moving on to another huge project. >> you can't can't require that >> Right. They would be nice. And here's the other part is you can't make a requirement on them >> Right. other than what you would for any
other subdivision. They're only to their property line. >> So well, except that this grant is specific to 40B's for No, for affordable housing. So another developer wouldn't be doing this unless they were doing affordable housing. >> Okay.
That's what they That's what they said. That this is This is for affordable housing. Yeah, so the grant is for affordable housing. So that that is the difference. That's true, too. So they've got to be Yeah, it's just I think some of the wording here just sounds a bit off. >> Yeah, we can we can mess with the word
We can mess with the verbage. Maybe we can all work on it and come up with something ourselves or She's going to do it. Yeah. So I'll make the motion that the board vote to approve general conditions G1 through G27 with the exception of
amendments to G7, G9, G15, G17, and G23 as agreed upon by the board at the hearing to at at this hearing tonight and with the addition of paragraph G28 proposed by Mr.
Petrucci for dark sky dark sky lighting and conditionally approving an addition of paragraph G29 proposed by Mr. Petrucci relative to the grant for the waterline. I just want to correct one thing. Dark sky friendly. >> Right. It's not It's not friendly.
Yeah. It's very specific. >> Yeah. It's They're two They're two different animals. Very much. Second that. All those in favor of >> Aye. Aye. Aye. Okay, you're ready for someone else to read now? Before we go any further, I just remembered something.
I think I remember something. As far as Mr. Kirk's concern about the waiver I'm pretty sure that the engineer told us that they requested that waiver thinking that the property was in some zone when it turned out it actually
wasn't. So the waiver wasn't necessary. I I think I remember that. But it it'll turn up anyway. >> we'll find We'll find We'll find out. We'll find out. >> because I remember speaking with the VFW and they said that that zone was
across the street um because they were in the process of trying to Well, put the things together to get the the road paved. Noreen has to figure that out. Yeah. But I'm I'm sure I remember that Joe Henderson said that
it was he he he assumed it was in Okay. Good. Yeah, I think there was a question Yeah. What overlay Yeah, the overlay And you'll come You'll come to that in the waiver section. >> Yeah. And it didn't Okay. We'll look it up and get back to us today.
So now we're going to talk about prior to site work. Uh these are conditions designated S1 through to the end. S1, the applicant has stated that this is a private road as such waterlines beyond the road shall be the
responsibility of the homeowners. Any required utility easements shall be in a form and manner as prescribed by the town. The water main shall be extended from its current location as with an 8-in DICL Class 52 cement line pipe per
the utility standards. Each home shall have its own 1-in PE water service with a curb stop shutoff valve located outside of the driveway layout. Each water meter shall be installed inside the home and not in a crawl space.
The water main installation needs to be inspected by the water department from beginning to end. The developer shall coordinate in a timely manner to allow the water department to fit this project into its schedule. The applicant shall fill out 14 water
service applications with the Department of Public Works and provide four copies of the site utility plan showing the location of the water main and the water service services to each new home. The water main extension fee shall also be required.
Plans uh shall show the location of septic components and water service including extent of proposed concrete easements Excuse me, encasements. Plans shall state all quote all standards, policies, construction practices, or rules and regulations of
the Falmouth Water Department shall be adhered to throughout the duration of the project and quote. S2 One hydrant shall be installed within a development at the northeast corner of the circle cited approximately between lots 2 and 14 and one hydrant shall be
installed on Benjamin Nye's Lane west of the entrance to the development. S3 The applicant shall submit a proposed road name to the zoning administrator to be reviewed and approved following input from the applicable town departments to
confirm no conflicts. The applicant shall not utilize the proposed road name until confirmed in writing. Is it the zoning administrator or the town engineer? So with the 40B developments, I have wound up
making sure that everybody is properly notified. So we have an email chain that goes out to town engineering. Town engineering has already reviewed their request and approved it, but we also have to talk to emergency communication.
>> 911 and all that stuff. All right. So when it says they submitted to you, that's correct. >> Yes. All right. And then but it then it says to be reviewed and approved to be reviewed and approved by Like it doesn't really matter. You're just going to make it happen.
Right. We just want to make sure that there's no other way within the town that has the same name. With the town unfortunately being a coastal community, we have so many roads with beach in it or something else and
people have had issues with getting their mail. So Oh yeah. Okay. S4 S4, prior to starting work under the comprehensive permit, the applicant, the general contractor, and any necessary subcontractors shall hold a
pre-construction meeting with the building commissioner, representatives of the Department of Public Works Engineering Division, the Zoning Administrator, Water Superintendent, Board of Health Agent Falmouth Fire and Rescue Department, Falmouth and Falmouth Police to review soil erosion and sediment
control inspection requirements and procedures, review of conditions construction traffic, traffic management, general project schedule, building permit submission requirements, work hours, and other pertinent information. S5 The applicant shall meet with the
Falmouth Police Department to determine when, if police details would be required. All police details required by the Falmouth Police Department or per the applicant's own choice shall be paid by the applicant or as determined by the town manager. S6, with disturbances over 1 acre, the
applicant is required to obtain an approvals an approved stormwater permit with town engineering to demonstrate compliance {slash} meet stormwater regulations prior to applying for the building permit or starting site work. The applicant shall complete the work as
approved in the permit. S7 Construction shall be in accordance with all requirements of town engineering including town's 209 219 soil erosion and sediment control standard conditions which document is affixed
herein as Appendix A with the Zoning Board of Appeals as the permit granting authority. All uncontaminated uh stormwater runoff shall be directed to recharge within the premises. No increase in stormwater runoff from the premises is allowed.
Engineering sign-off is required prior to site disturbance and the issuance of any any building permit for this project. The applicant shall provide town engineering with a signed illicit discharge statement, proof of coverage under the Environmental Protection EPA's
construction general permit, and a copy of the SWPPP, whatever that stands for. Stormwater pollution prevention plan. Inspections referenced in the soil erosion and sediment control standard conditions or others as directed by town
engineer engineering shall be performed by the designated inspection engineer. Erosion and sediment control shall be installed, inspected, and maintained in good condition at all times. Failure to maintain adequate erosion and sediment control on site will be grounds for
stopping all construction activity on site until the issue is addressed. S8 The applicant shall obtain an approved street permit and post any required bond with the engineering division prior to applying for a building permit or starting site work.
The application shall complete the work as approved in the permit. The grading for the new roadway shall match the town's cross section. S9, at the applicant's expense, an engine an inspection engineer will be designated for this project from the
firms that have been pre-vetted by the town. The inspectional engineer shall be responsible for the NPDES construction general permit compliance and town stormwater regulations and will perform or oversee inspections, testing, material approval, reports, and other
construction related services required with reports submitted to the Zoning Board of Appeals and Town Engineering. The applicant shall establish and pre-fund a Section 53G account through the Zoning Board of Appeals for the inspection engineer and shall timely
ensure that the account remains funded. The inspection engineer shall be specifically responsible for ensuring adherence to the requirements of the town's soil erosion and sediment control standard conditions appendix A. Inspection and approval of the road subgrade, gravel
base, binder course, and curbing, and finish course. At no point shall the contractor construct on a road surface that was not inspected and approved by the inspection engineer. Town DPW will oversee right-of-way work
only. The inspection engineer may confer confer with town engineer and be specifically responsible to review the as-built plans for compliance with the approved plans. S10, the applicant shall provide the NHESP approval to the zoning board of
appeals prior to commencement of construction. S11, the applicant shall provide to the building Excuse me, to the police, building department, engineering, and zoning board of appeals 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 abutters and residents, are timely managed. S12, the applicant reported that there are specimen mature trees that they intend
to protect within the development area. Mature trees, particularly those proximate to lot lines, shall be maintained to the extent possible. Trees straddling the property line shall be assumed to be the joint jointly owned and cannot be damaged or removed without
the prior written approval of both parties. The limit of work line shall be installed prior to site disturbance and include soil and erosion controls as needed to protect the no disturb area, and may include adjusting the limit of work to protect root systems or specimen
trees or Excuse me, to protect root systems of specimen trees to be saved on the premises. S13, the applicant shall confirm the proposed shared mailbox location on the westerly side of the entrance to the development
with the United States Postal Service. So, that's the end of site prior to site work I'll do some. I'll do the motion. Yeah. >> I move the approval of uh conditions relating prior to site work S1 through
S13. Yeah, we didn't have any? >> No. No. As presented. I'll second. All those in favor? Aye. Aye. Prior to building permits. Is it all right if I go? >> Go ahead. B1, the developer shall comply
with our water superintendent requirements regarding water line shown on the site plan. Prior to the issuance of a of building permits, the applicant shall conduct a hydrant flow test to determine the available flow and pressure to fight a fire and provide the results to the water superintendent and
the fire chief. Hydrant flow test was conducted 9/30/25. So, I have that in there. It's a standard condition and it was pointed out and verified that the hydrogen flow test was already conducted, so
the bold is just to confirm that that was done. So, we can just leave it in there. It's fine. >> Yeah. Yeah. So, it should that be uh acceptable hydrant flow test was conducted on 9/30/25 or just that a hydrant flow test was done and we don't know what the results are?
They have provided the results to the water super and the fire department. So, we'll just assume that it's accepted. I should say that, actually. It should He's right. He is right. It should say that. The water superintendent has approved
the hydrant flow test that was conducted 9/30/25. >> Right, but I don't have the actual paperwork. >> communication from the water super saying, "I saw this and I approve it." So, rather than getting >> Maybe just take it out, then. Well, they
I think Habitat just wanted to demonstrate that it was already done. So, I think by >> Oh, that's their thing? Right. I think by including the fact that the test was done, we're not asking to have it done again. But, it's up to the fire department and
the water super as to whether they accept what they got and if it's sufficient. Well, it's an undefined flow test, I don't know if you want to if you want to keep it in there or just let the chips fall where they may. Um I mean, they have to come back and do
it again. Why? Cuz it says. I think the applicant shall conduct a hydrant hydrant flow test to determine available flow and pressure to fight fire and provide the results to the water superintendent and the fire chief.
If we say that and then we say that a hydrant flow test was conducted, I think we have to say and it was a satisfactory test. >> Otherwise, just take it out? I think we should just take it out. >> Okay. Take it out? >> Yeah. All right. Cuz the line above it's what is if they flunked that, then
they're You know what I mean? All right. I think we just take it out. >> Okay. Is that Is that all right with you guys? Let's go with Nick. Did I finish that rest of that sentence? Okay, so B2, a certified plot plan shall be prepared for each lot, stamped by a licensed
surveyor, shall be provided to engineering, the building commissioner, and the zoning board of appeals for review and approval as part of the application for a building permit. At a minimum, the plan shall show the following: lot dimensions, driveway limits of pavement, building locations,
dimension building footprints matching the architectural plan dimensions, closest distance to the nearest property line from each building, locations of drainage structures including limits limits of infiltration areas, hydrant location, storm water pipe locations and
invert e- elevations, drainage structure rim and invert elevations, depth, width, and length of stone infiltration beds including roof infiltration areas, site lighting, and limits of work which shall be demarcated in the field. This plan
shall serve as a base for the as-built for the project upon completion. So, I move the approval of uh conditions B1 through B2 designated as prior to building permits with the exception of the deletion in paragraph
B1. All those in favor? Second. Second. >> Aye. They have a second. Uh prior to occupancy. O1, the applicant shall submit a proposed development sign to the zoning board of appeals with specifications prior to the installation
to ensure compliance with standard requirements and demonstrate appropriate siting. O2, the applicant shall retain an engineer or surveyor to provide an as-built plan and certification of the road and utilities as described in section 305-42C
for review by the engineering division before final approval of the project's construction. O3, the applicant shall install a a town approved street sign, stop sign, and street light for the road. What what street light, Noreen?
I'm holding. It's out, then. Okay, so because they are creating a private road, Yeah. the intention is that as a car is driving down Benjamin Nye, you don't have to guess in the dark where the road is.
>> Oh, okay. So, you This is at the end. >> This is to provide effectively a light at the street sign so that a passing motorist notices, "Okay, here is the road I'm looking for." Should we write street light at the entrance? Yes.
Instead, maybe? And put it that way? At least that's >> Yeah, I mean, obviously, that's where the the only place where the >> obvious. prove that it be located because it's for the purpose of illuminating the entrance.
>> we should put the word entrance in there. Yeah. A street light means that one of the street lights on top of a telephone pole. >> Yeah. Yeah. So, it's kind of Is it Are they going to add a pole? They may have to. I would write street light for the entrance of the road. >> Yeah, because you just talked about
lighting up the sign, so they can do just up lighting. I mean, they could Otherwise, it's getting really expensive. >> No, no. This is This is a street light. Oh, it's a real street light. >> Yeah. Oh. Yes. Yeah, I would I I I still word I think the word entrance has to be Cuz this way you can go anywhere,
you know? That's Street light? Yeah, for the entrance of the road. That's what I would put. >> Like a regular street light? Like the kind you used to plink out when you were a kid. What? Um four. So, everybody has that, right?
Right? Yes. Sorry. Four, the applicant shall properly post addresses as assigned by engineering in compliance with section 99-1, affixing of legible numbers required prior to the issuance of a certif- cert- certificate of
occupancy. O5, the final lottery agent, lottery plan, and marketing plan shall shall be submitted to the zoning board of appeals and the housing coordinator prior to the issuance of a certificate of occupancy. O6, landscaping shall be installed per
plan submitted to the zoning board of appeals. Any materials substantially diseased or dead shall be removed or replaced with similar size plants within a year of the final certification of occupancy. Habitat will be providing a
1-year warranty on plantings. O7, the final certification of occupancy shall not be issued until all required site work, including landscaping, drainage, and other improvements and installation of monuments are completed. The developer may request that the ZBA
consider a bond for the value of incomplete work to ensure that the work is completed in accordance with the plans. Apologies, can I interrupt you just for a second on 06? Um there was a request which apparently didn't wind up in here. Um From Habitat?
Right. What they were saying is um that they requested that the wording for replacement of plantings that were diseased or dead were based on plants that they install. So, in other words,
not everything and anything on the entire lot, but that if um For newly installed, you can put that word in. Yeah. Yeah. So, any Newly planted, newly installed, whatever. That sounds good to everybody? Yes.
>> I mean, they won't have to replace the ches- chestnut tree. >> I want those chestnut trees, though. >> Which is a Those were awesome. >> Those are Those were wonderful. All right. Am I on 08, right? >> Yeah. No, it's 07. >> 07. 07, the final snow I did that one, didn't I?
>> No, we just talked about The final cer- certification of occupancy shall not be issued until all required site work, including landscaping, drainage, or other improvements and installation of monuments are completed. The developer may request I did this that the ZBA consider a bond for the value of
incomplete work to ensure that the work is completed in accordance with the plans. 08, any damage to Benjamin Ni- Nice Lane during the construction process shall be repaired to town standards at the expense of the applicant.
09, prior to the issu- issuance of a any certif- certification of occupancy, the applicant shall enter into moni- monitoring agreement to be reviewed by town council. All costs associated with the monitoring shall be borne by the applicant until the sale of the last
affordable unit and thereafter by the sellers of the affordable units. A copy of all financial information by the monitoring agent shall be provided to the zoning board of appeals and the housing coordinator after the initial round of sales. 010, all dwellings shall have the same
general exterior appearance and construction quality and be in conformance with the approved plans. The dwelling shall be solar and EV ready. Is that all right, Tony? Seems good. It is. 011, a certified
as-built plan shall be provided to the ZBA and engineering for review for conformance at to the approved plans prior to the certification of occupancy. The plan shall be an overlay on the plan described in condition number B2. Any deviations from the approved plan shall
be clearly shown in redline over the base plan and shall be faded back for clarity. The as-built shall be certified by both a licensed surveyor and a registered engineer that work was performed in conformance with the approved plans and all permits.
The building commissioner shall review and approve this plan and confirm that this plan includes the required information and certifications. No certificate of occupancy shall be issued until the as-built plan is approved. 12, dark sky friendly
lighting shall be provided at dwelling doorways and pole lighting as designated on the plan. Spotlights are prohibited and this shall be included in the homeowner docs. HOA? Homeowner documents, the HOA.
Any Anybody else in on lighting? What What documents are we putting in the HOA? >> Homeowner HOA documents. >> HOA documents, yeah. 013, the applicant is required to provide one, a regulatory agreement and declaration of restricted covenants for
ownership project. Two, an affordable housing deed rider specificating specifying that the affordable unit shall remain affordable in perpetuity. And three, a declaration of trust for the homeowner's association, if ap- applicable. These collective documents shall be
provided to the zoning board of appeals for review by town council prior to the issuance of any occupancy permit and subsequently recorded at the Barnstable County Registry of Deeds. A recorded copy shall be filed at the zoning board of appeals and the town's housing coordinator.
The applicant, as a non-profit organiza- a non-profit corporation, is limited in its profits under MGL Chapter 40B and any excess profit shall be paid by the applicant and distributed as required by
the subsidizing agenc- agency and in accordance with the applicable law, regulations, and guidelines. So, what did we change in those? 03, 06, I move that we let the board vote to approve prior to occupancy conditions with
amendments to paragraph Excuse me, paragraph 01 through 013 with the amendments to paragraphs 03, 06, and 012 as agreed by this board at this hearing.
Second. All those in favor? Aye. I'm going to do the waivers for you. No, I can I'm going to roll. Waivers, W1. Any waiver not specifically granted herein is denied. The proposal does not comply with certain provisions of the Falmouth Zoning Bylaw and Subdivision Regulation
Provisions. As provided for in Mass General Laws Chapter 40B, the applicant has requested the following waivers for these provisions to which not for which it does not comply. Waiver two, or W2. The waiver from Section 247.75,
including minimum lot size, minimum lot width at the narrowest point, minimum lot width, and minimum street frontage in the water resource protection district. Parentheses, the premises is cited in the single residence B zoning district
and not in a water resource protection waiver not needed. There you go. >> Just leave it like that? That's what he was talking about. Oh, okay. Also, they would get they would want a waiver from
the single residence B requirements and not water resource. So, what we could do is just correct it to say I mean, you can either say you're not giving them the wa- the waiver for water resource because it's not needed or you could
just say you're giving them the waiver related to the single residence B zoning district. Or both? Yeah. We should probably just specify both. Yeah. No? Yeah.
Yeah, just word it like in different >> say the waiver is not needed for the water resource and only applies to the single residence. >> Yep. Everybody good with that? >> Yeah. All right, W3, the waiver from Section 249-3, affordable housing development, seeking
approval from the ZBA under Mass General Law 40B in lieu of special permit from the planning board. W2.5, the ways the waiver from Section 247-2, coastal pond overlay district. Is this something Now, this is something
they added after the closing? So, what they they remarked was that this was an omission in the waiver list. But they did this after the closing. They saw
the draft and they remarked on it being missed from the draft. So, what I can do is go back and check and make sure that this waiver was requested. Okay, so that'll be number three on our homework page. Okay.
Okay. Everybody's got that one, right? W4, the waiver from Section 240-11-2B1, the requirement for minimum lot dimensions, including area, width, street frontage requirements for all lots, noting that lots 1 and 14 will comply with the minimum street frontage
requirements. That's okay. W5, the waiver from Section 240-11-2B2, the requirement for minimal minimum lot dimensions, lot width to not be less than 50 ft.
W6, the waiver from Section 240-11-3A1, maximum lot coverage, no waiver requested. Um that's when they had maximum lot coverage, no waiver. Do we have to have that in there? I don't know if they had asked for the
waiver, so I just put it in there. Just leave it like that, then? Okay. >> But waivers have to be requested. She said they did request it. >> Oh, they did req- They did request it. >> But just specifically, no waiver requested. Oh,
well, I should say no waiver required. >> Oh, yeah. Required. There you go. Okay, good. That's a good pickup. W7, the waiver from Section 240-11-4A1, the requirement for street setbacks requirements to allow dwellings to be as
close as 10 ft from the new road. W8, the waiver from Section 240-14-2 to allow a temporary construction sign. W9, the waiver from Section 240-14-3B, reference should be Section 240-14-3D5,
landscape plan required. Waive the requirement for a tree to be planted no greater than 30 ft apart and of a trunk caliper of at least 3 in. Trees with a trunk caliper of 2 in or 2.5 in would be planted no more than 60 ft apart and on
the side of the street where the homes are. Is that them? Yes. So, what they're saying is that they're not looking to comply with the planning board requirements. >> ones. >> But, what they're telling you is what they plan to do.
That makes sense. >> Yeah. I trust them as far as trees go. Everybody's okay with that one? W10, the waiver from chapter 305-5, 6, and 11. The approval of definitive plan by planning board. Waive the
provision of these sections which describe the submission and approval process for a definitive subdivision layout with the planning board. For chapter 40B filings, the zoning board of appeals sits in place of all of the town boards and commissions. W10.5,
waive the provision of section 305-14, environmental impact statement, which which describes the submission of an environmental and economic impact statement. The project is proposing a Nitrix advanced water wastewater
treatment system. Was this requested after the closing? So, this again was a comment on the draft. So, I can look this up and verify >> of goes with the other one that we're already working on. Yeah. So, that's part of the homework number one, I think.
W11, the waiver from chapter 30 305-24, waive the requirements of this section related to the minimum center line radius. The proposed project includes minimum radii of 60 ft. Waive the requirements of this section related to the length of dead end streets. The
proposed project includes a road approximately 1,057 ft long. W11.5, W13 305-24B3, vertical curve minimum length. Waive the
requirement of this section to the to the minimum 300 ft distance between center lines of adjacent streets. The proposed project entrance drive has a center line distance to Cameron Road of 200 ft. That's that's the same situation. I I
don't see it in the waivers requested in the booklet, but maybe they were asked during the hearing. >> look it up. I know that we did discuss that at a hearing. >> Yeah, I remember talking about it, too. It makes sense that they would ask for it. >> Yes. Yeah. Yeah. I remember discussing it, absolutely. >> Right. Yeah.
>> Yeah. Okay. Okay, W12, the waiver from chapter 305-30 and 37. Due to the density of the development in a low traffic area and the lack of a connective sidewalk on Benjamin Nye Lane, sidewalks are not proposed as a part of this development.
In parentheses, consider requirement for resi- for a sidewalk or pedestrian path to run from lot one along the westerly side of the roadway to the intersection of Benjamin Nye's Lane for a length of approximately 130 ft. This sidewalk will
include the mail kiosk area and provide for pedestrian safety, particularly from vehicles entering the new road to /development from Benjamin Nye Lane. But, we're not voting that. >> All right. So, the that language in parentheses mine.
Habitat has proposed no sidewalk. Um I had originally proposed a sidewalk along uh one side of the development. Um they countered that they still wanted
no sidewalk. My concern is where you have the intersection, particularly with Benjamin Nye. If you have somebody walking in to the development and there's no sidewalk and you have cars coming and going, where's that pedestrian supposed to go?
So, I minimally wanted you to consider the possibility that there would be some type of either sidewalk or pedestrian path from Benjamin Nye to
preferably the first developed lot, so that people have a safe place to be. To get off the street. >> But, they just But, they just came off a more dangerous street that has no sidewalk. Yeah. I mean,
I don't know. I just I have concerns about >> Safety. >> and going >> I think it's a very good idea. >> in the dark. They pushed back at it. If you look at the minutes of the I forget which meeting it is. >> They pushed right back. We asked about it. Yeah. Um but I mean, that may I know
this street very well. And I think that is a very It's an important point to me. >> And the fact that she's worded it with a, you know, it can be a path. It doesn't have to be a full-blown granite sidewalk. >> have to put in anything expensive,
rather just having some place safe. Cuz even if you send your kid out to get the mail, you're expecting them to walk out and get the mail with no sidewalk there. So, you want to go from the entryway to
the the first lot. >> to the first lot to the right lot line of the of lot one. Something of that nature. I could go along that as long as it's not like granite and all that. >> make that another one of the homework uh two?
Uh waive it except for the first couple hundred, whatever it is. Yeah, you'll have to have all new verbiage. >> Okay, so waive except for Yeah. Um but >> Is everybody okay with sidewalks? >> that to be what the board would want. Well, there is a there there's a big
question you need to ask, and that is you say sidewalk, are you are you going to do a crushed stone sidewalk? Are you going to do a stone dust sidewalk? Are you going to do a concrete sidewalk? A paved sidewalk? They're going to be paving the street. So, you're going to make it something. I don't know if you have to specify >> you can just leave it and let them pick
their the They can even have an an additional apron on the side of the road. >> Let them figure it out. >> As my As Mr. Fenner once said, I'm not dying on this hill, so >> [laughter] >> No, because that way if they they could order extra tar while they're doing the
road if they want to do it that way, or let them figure it out. You know what I mean? >> Uh W13, everyone's all set on that one? On 12, right? The waiver from chapter 305-34 and 43. Waive the requirements of this section. Due to the layout and
density of the project, street lights are not proposed. In parentheses, require a town approved street light be placed at the intersection with Benjamin Nye Lane to identify the new road and provide illumination at the entrance for pedestrians. Note that the developer has
agreed to install pole lights in front of each dwelling, as well as two lights proximate to the mail kiosk area to be illuminated from dusk to dawn. Now, we just did the street light up a minute ago. It's the same thing. Yeah. >> Right. So, what they're saying is, you
know, um they're not proposing the typical street lights, but they are doing those pole lights. But, this will This is requiring a street light, though, not a pole light. >> Because I think that's appropriate at
Benjamin Nye. Yeah. Now, weren't they going to have lighting on a sign up at the end, too, though? >> We did We already did that, didn't we? Yeah. But, it's low, I think. Isn't it? No. It's got to be a street light. >> No, they're going to have a sign that says like >> Yeah, but they They I think had a
temporary sign while they're up >> that what it is? Oh, okay. >> But, I don't know if they demonstrated what their final, like if it was going to be a stone carved or what. But, I thought they talked about something like that, but They're putting a street light there. It's going to be illuminated regardless.
>> Yeah. All right. So, that I think you've created confusion. Me? I think you've created confusion. Me? No, no, no. You I think this whole light thing has Prior to this, we said there needs to be
a street a real street light pole light. >> Right. That's what I was capturing here. >> This is the same one. >> So, that might be So, so the utility company might say, "Well, we want it over here." I don't know who approves these things. Town. Town? So, it might be across the street from
the interest rate, or it might be at the entrance way. Somebody has to approve that, right? But, it's a real street light. >> Correct. Okay. And it's in the public way. I think that's all right. >> Yeah, I think it's safe. So, so the town will have
jurisdiction or authority over that single light at >> locations. Yeah. And then all the interior lights will be Habitat. Yeah, they show it on both sides of that pullout and the kiosk, and they show it at each house. >> Yeah. And so, that is something that's
not shown on this plan. Somebody's going to have to approve where it goes, and that's the town. Right. We don't have to worry about it. So, we're going to use the parentheses, right? No. Yeah. Oh, cuz it's already in the other
section. Okay. So, we're not waving >> This we're only talking about the um the waiver. The waiver. >> from the regular street lights. Okay. So, I can take out what's in the parentheses. The parentheses was for your consideration. >> Right. So, don't even have it.
>> Don't even have Cuz we already have it. Right. >> You know, so that you understand what you're waving or not. And we've told them elsewhere what you want them to put in. >> Okay. Uh Okay. So, we're at the end, and I think we ought to just not vote these
waivers cuz we have so many changes. >> Right. >> We'll do them on the 30th. >> them on the when we when we get everything done. >> is we've taken waiver number seven, which will be changed. Um we agreed upon the change, and then the following waivers will be researched by the
um zoning administrator and revised according to evidence produced at the hearing. Waiver 2.5, 10.5, um 11.5 and 12. Yeah. And then W6 the word required not
requested. That was just like a typo thing. I think that's good, right? So then we'll vote on it. >> that again? You said So W6 is no waiver is required versus requested. Right. No waiver is. I said W7 but I think it's W6
but I meant yeah. I think that's it, right? So then we'll do our homework. And we can we can it won't take us that long. >> Yeah, I think we could just put it on for >> Next next meeting. Yeah. Yeah. And just yeah. Yeah. And in the meanwhile, I will send the information out to the board to
look at. Yeah, that'll be good. Madam Chair. Yes. I might just one more statement on the record. Um sure. I just uh again on procedure. I I think what would be appropriate with respect to 10.5
that the hearing should be reopened. The applicant should should submit a formal request for a waiver and come before you with information to substantiate the reason why the waiver should be granted.
And we would have an opportunity to present our information as to why the waiver Well, well, that that was they did they did that did come up during one of the meetings. I'm just And they're and they said that that it was a mistake on their part
that it wasn't in the water resource protection district. And I I actually spoke to the DPW about the road and he was there um trying to uh uh repave the road and he told me that that
district was across the street. I I don't know anything anything about that. Uh Well, you had said earlier that it wasn't brought up and it was. No, I'm saying it in the meeting. Is that that what I've had I had my say. I appreciate you letting me speak, but I think
procedurally that's what has to happen. It has to be a formal request for a waiver and then a discussion on the merits of the waiver. Yeah, I think there's another option as well, which is that if we research this and we find we don't have the information,
then the applicant can come back before the board. I mean, they can file for a change or whatever else it is and get this corrected. I don't I don't think reopening is the way to go. Just want to thank you very much.
Thanks. Safe ride home. You got a long way. >> [laughter] >> Thanks. Okay, so um motion to continue this to April 30th for final consideration.
Can I second you? You have to make the motion. She can't. Oh, uh so moved. There you go. And someone needs to second my move. Thank you. >> Second. I didn't think I could second you, Norry. Can you I'm getting punchy. And uh board
board vote on continue to April 30th? Oh, yes. Um our next meeting is April 30th at 6:00 p.m. Mark? Motion to adjourn, Madam Chair. Okay. >> I'll second.
And everybody is unanimous on continuing yes and Benjamin and I abstain to the 30th. Unanimous. Unanimous. All those in favor of Get out of here. Whatever Mark said. I. I. I.
Good job.