##VIDEO ID:XsoaM87LFO8## [Music] let's go small changes that are under welcome to the zoning board of appeals meeting please silence all cell phones and note that this meeting is being taped by fctv any private party recording this hearing if so please step up to the podium to request permission I'll introduce the board and staff on my far right is Mark fineran next in is Scott Peterson to my close right is Frank Duffy the clerk my name is Suzanne Murphy the chair to my left is James Moss the vice chair and then we have Tony Puchi an associate and Nick Haney also an associate then we have noren Stockman the zoning administrator and Ashley Dello office assistant the zoning board of appeals is charged with applying the state zoning statutes as well as the town zoning bylaws and reviewing and voting on each application all DEC 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 decision of the project prior to the closing of the hearing and reaching a decision number one to each to begin each hearing the clerk will read the public announcement for the hearing and read pertinent information from the file two the applicant or the applicant's representative will then have 15 minutes to make a presentation time may be extended by a vote of the board three the board will then question the applicant four the next the public will be invited to comment comment should be limited to 2 minutes and be strictly related to The Proposal all members of the public wishing to speak should wait to be recognized by the chair and should come to the podium please state your name and address for the record please speak into the microphone it will amplify your voice and record audio for fctv viewers and right now we also have a time where people want if you want to make a public comment you're welcome to come up to the podium just on anything that's not on our agenda for the evening anybody wish to come up and that's all we have so tonight on the agenda we have uh 240 BS um we have one open one which is 419 witho Highway and a closed one with a decision uh 17 Walker um I I would like to ask the applicant would you would you like to take out of order do you want to do 419 first or proceed as as on the agenda um no keep it I I was going to suggest 419 just to get the open one out and then go that way but it's up to you keep it as is okay so our first up we have 17 marer how will we read tonight it's a little shorter here's the real one and um do you want to do um let's share it better if you don't mind unless you want to do it I don't mind read okay you did a great job so but if you do get you know know we have water here we have backups we have other humans that are willing to help so let's just dig into this I guess it's case 055 d247 Walker M chairman I would suggest that unless other members of the board have issued that the procedural history letters information emails from the applican representative referrals from town departments and plans submitted by the applicant and applicant representative um not be reviewed line by line like we do with the findings and so on that just board we might take a moment just to review to make sure there's no Corrections or additions that have not been C date yeah I don't see any revisions up till findings no I didn't I didn't note any myself I think we can just start at findings is that okay with everybody go ahead okay no one ready everybody all set yes take it away findings number one according to the last published subsidized housing inventory Shi issued by the executive office of Housing and livable conditions eohc dated January 1 2024 prior to the submission of this application the town of Falmouth had 8.13% affordable housing the town currently has an approved housing production plan however as of the filing did not currently satisfy any of the statutory or regulatory exemption thresholds outlined in Mass General Law chapter 40b 780 CMR 56.00 two town of fouth Massachusetts housing production plan HPP report dated March 24 2024 identifies a goal to add 80 new SII eligible affording housing units in a given calendar year or 400 units over the next 5 years the HPP referenced the substantial gap between the cost of housing and what residents can afford and documented a specific need for appropriately sized rental units for smaller households three the applicant has met the requirements to file a comprehensive permit the applicant has one control of the land recorded D dated August 30th 2022 two the project has been issued a project eligibility letter under the local Initiative Program lip from the executive office of Housing and livable communities eohc C dated May 14th 2024 and three the applicant proposes to create a limited dividend organizations per a regulatory agreement with the eohc four the town is in support of this proposal as referenced in the letter from Nancy Taylor chair of the select board to eohc dated March 5th 2024 and the town's approval of the lip application by vote of the select board on February 26 2024 five subject site 17 Walker Street the premises comprises 5,295 ft of area and is situated in the business 1b1 zoning district with a sliver of the southernly corner of the parcel that is cited in the single resident SE zoning district there is no specified minimum lot area requirements for the B1 Zone the premises is bounded by a public rights of way on three sides Walker Street to the east chancer Lane to the South and Glenwood Avenue to the West premises premises has approximately 62.4 ft of Street fontage on Walker Street and approximately 88.8 one ft of store Street Frontage on Chancery Lane and approximately 42.072 zoning District premises is in close proximity to commercial area of Main Street which includes businesses plus multif family residential Apartments located on Main Street and chancer Lane and single family dwellings along Walker Street to the South six the premises is located in flood zone X and the downtown historic district and inventory area premises is on the mixed residential commercial overlay district and the windborn debris overlay is also on Town sewer excuse me seven the premises is within walking distance of retail stores and services restaurants post office Public Library Town Hall Services schools surf Drive Beach and accessible to public transportation on Main Street the location is pedestrian friendly reducing the need for personal vehicles eight the premises contains an existing single family commercially used building Circa 1935 proposed to be demolished nine the proposed Redevelopment of the premises will comprise a single 37t tall three-story apartment building designed to include a total of 11 rental apartment units including two Studio units five single bedroom units and four two-bedroom units the height limit for the bylaw is 35 ft the minor increase in height is not expected to be visually discernible and allows for a design more in keeping with a neighborhood building style in the historic district a waiver has been requested for the height zoning bylaw section 240- 111.5 A also limits the maximum number of stories to 2 and a half Stories the proposed building comprises three stories with a parking proposed on the first story a waiver of these provisions of the zoning bylaw is requested 10 the gross square footage of the building will be 12,856 plus Square ft the residential units are planned to comprise between 5 50 and 96 squ ft of each Area 11 the three units will be offered to those with income at 80% of the area median income Ami or less one unit will be offered to those with an income at 100% of the Ami or less and seven units will be market rate units the affordable units have been identified as number 101 203 204 and 303 the applicant is required to restrict three units to be affordable and is offered to restrict an additional unit uh a tiered affordability as a rental development all units will count towards the town's subsidized housing inventory with the eohc these units also fulfill an identified need in the town's housing production plan for restricted affordable rental units a waiver has been requested to exceed the allowed density of six units per acre in the B1 zoning District 12 the town engineering department has issued a referral requesting the zoning board of appeals engage a peer engineer to review the proposal due to the town's capacity to review private developments engineering identified that the applicant would not require a storm water permit for the development Engineering also commented on sewer sewage water parking and access addressing of building units expected to be 17 Walker Street followed by a unit number and Grading and drainage 13 the board retained Matthew Cody of Beals and Thomas 32 Court Street Plymouth Mass to peer review the engineering for the project 14 the housing coordinator issued a referral noting the size and affordability of rental units on the redeveloped site 15 the fire department reported no issues with the project as submitted 16 the Board of Health noted that the proposal is on Town sewer under the Wastewater division 17 the assessor requested inspection prior to final sign off by the building department 18 Wastewater is noted that there is sufficient sewer system capacity to accommodate the additional flow expected from this property project will require a flow neutral bylaw variance 19 the planning board issued a referral supporting the rental units but requesting a handicapped accessible unit the planning board supported the location and access in the downtown area but were divided about the Aesthetics and sufficiency of the parking 20 the historical commission expressed concern about the originally proposed design scale and materials the commission also recommended that lighting not exceed 3,000 Kelvin 21 following concerns expressed by the historical commission and board members a architect was retained to review the proposal and provide guidance to the project architect to optimize the development on the site 22 Clifford J bulmer Davis Square Architects 248 Elm Street Somerville Mass was retained by the board to provide pure Architectural Review for the board and commented on suggested improvements many of which were implemented to improve to fit into the context and Architectural design of the area excuse me architectural elements of the area design materials and colors are utilized to break break up the bulk of the building 23 the premise is flat does not have any curb Cuts serving the premises vehicle access occurs from Walker Street Chancery Lane and Glennwood Avenue directly into the parking areas this condition is being eliminated as part of the redevelop of the premises the project site plan demonstrates vehicle access into the ground level parking garage of the proposed building from Chancery Lane and Glenwood Avenue the vehicle access into the premises from Walker will be eliminated 24 for the bylaw the parking requirement for the premises would be 1.5 parking spaces for each one-bedroom or Studio unit and two spaces for each two-bedroom this would result in 19 required parking spaces for the residential units the applicant proposes to provide 11 parking spaces plus a 20ft wide maneuvering aisle within the enclosed parking garage at ground level parking garage will have one vehicle access off transer Lane to serve eight vehicles and two vehicles access off Glenwood AB to serve three vehicles public parking is available within walking distance of the premises a waiver from the zoning board excuse me from the zoning bylaws is requested for eight parking residential spaces not provided 25 the applicant proposes three EV ready spaces within the parking garage an area for vehicles providing deliveries to tenants has been identified to the southwest side of the proposed building within the layout of chancer Lane which has sufficient area between the southernly lot line of the premises and the traveled way to allow for delivery vehicles 26 the existing lot coverage by structures is 14.8% it will be increased to 82.8% the B1 zoning districts limits the maximum lot coverage by structures to 70 section 240 11.3 a the RC zoning District limits the maximum lot coverage to 20% for structures section 240- 111.3 A a waiver of the provisions of section 240 11.3 a of the zoning bylaw is requested as to the lot coverage by structures located in the B1 and RC zoning District 27 lot coverage by structures parking and Paving is currently 100% and will be decreased to 94.9% the B1 zoning District limits lot coverage by structures parking Paving to 90% section 24 111.3 a the RC zoning District limits a maximum lot coverage by structures parking Paving to 40% section 24113 A a waiver from the provisions of section 24.3 A of the zoning bylaw is requested as to the lot coverage by structures parking Paving 28 the apartment building is proposed to be sighted cited 2 feet from Walker Street at the East 2 feet from chancer Lane at the South and 3.5 ft from Glennwood Avenue to the West the B1 and RC zoning districts require minimum front yard setback of 50 ft for multif family dwellings exceeding 2 and a half stories section 240- 1114 A1 a waiver of the provisions of section 240 11.4 A1 as to front yard setbacks is requested 29 the side rear yard setback at proposed building from the north is 2 ft the zoning BYO does not require any side or rear yard setbacks of the B1 zoning District the RC zoning districts requires a minimum side yard setback of the building height for multif family dngs exceeding 2 and a half stories and a minimum rear yard setback of 100 ft for multif family dwellings a small portion of the building is located in the RC zoning District at the southeast corner of the lot the remainder of the building is in the B1 zoning District a waiver of the provisions of section 240 11.42 as the side rear yard setbacks is requested 30 premises is cited with an existing sewer service area the existing flow has been calculated at 500 gallons per day based on the commercial retail and Salon use the estimated Wastewater flow for the apartment would be 1,650 gallons per day the increase due to the change of use exceeds 10% requiring a variance pursuant to section 180-55 of the Town sewer bylaw to be issued by the zone board of appeals as the permit granting Authority 31 the existing Wastewater flow for the premises is 500 gallons per day and is proposed to increase to 1,650 gallons per day with a 15-bedroom apartment building because this exceeds 10% increase in the title 5 design flow a flow neutral variance is required from the bylaw the Wastewater superintendent has estimated by memorandum dated August 21 2024 that this project would bring the total projected average annual FL flow for the Wastewater system to 81.3% of the permanent average annual flow for the sewer system and that there exists sufficient capacity within the system to provide for the proposed residential development the zoning board of appeals finds the approval of the variants necessary for the development and supported by the Wastewater superintendent 32 the premises is cited within a historic district historic district bylaw chapter 36 code of filment section 366 requires a historical commission certificate of appropriateness for demolition of the existing building new construction and site development the existing building is not listed on the town's list of significant historic buildings the board engaged a peer architect to recommend project improvements reflective of historical commission's concerns the zoning board of appeals finds the approval of the certificates of appropriateness for the demolition new construction and site Redevelopment Falls within the scope of a comprehensive permit the applicant intends to add a clock to the Main Street Tower facade 33 the applicant has submitted a list of waivers requested for this development section 240 11.2 B minimum lot widths section 240 11.3 a maximum lot coverage by structures pavement and parking section 240 11.3 a maximum lot coverage by structures section 240 11.5 a maximum Building height section 24 111.5 a maximum Building stories section 241 11.4 A1 front yard setback section 24 11.4 A2 side and rear yard setbacks section 24 441e minimum parking requirements section 246.50 B multifam units and density section 2401 12.2b site plan review section 2401 14.1 H off Street loading section 24014 1g1 parking area requirements section 24143 Landscaping requirements sewer by law code of FMA chap 180 section 180-55 historic district bylaw code of FMA chapter 36 section 36-6 fine job uh anybody have any additions to findings Norine apologies but I think 30 and 31 are pretty applicative and I think we can actually just get rid of 30 because it's all contained within 31 so if nobody is opposed I will just Reen last couple re and get rid of 30 okay I just have a comment go ahead um it's referred in 19 and 24 uh the planning board uh pointed out uh uh their problem with the sufficiency of the parking and then it's uh enumerated in in 24 that 19 spaces were required and uh we seeded to their uh requests for 11 spaces and I just think it's be prudent for members of this board to uh keep an eye on downtown and watch because uh if we're not at saturation for parking before prior to this we certainly are after this but uh anyway I guess just just a comment nothing nothing more but I think it's valid yeah yes it is um I I wanted to put mail in here some somewhere that the applicant needs to you know contact the US Postal Service I don't that would be under conditions AR and findings right so I don't think we need to put anything about mail and findings could I think they identified that mail delivery would be within a vestibule area with their ENT so it's not added in here but we certainly can I think we just stick it and do it in conditions I think yeah you agree Frank yes yeah just a question on that I know engineering numbers the buildings but they don't have anything to do with numbering individual units do they yeah that was read in here yes they want to have a uniform consistency with the way addresses are posted and unit numbers so that emergency vehicles Etc can figure out where is okay sorry must have missed it but oversight so should we vote vote on findings want to vote on findings now or do it later why don't we do the votes all at the end after okay okay let's move along conditions General G1 the construction shall be substantially as shown on the plan submitted to and reviewed by the board listed below through the uh throw subject to additional conditions separately delineated existing site plan excuse me existing conditions plan sheet one of3 dated May 15 2024 site plan proposed building sheet 2 of three dated May 15 2024 with a final revision date of 10-22 24 standard details sheet 3 of three dated May 15 2024 prepared for 17 Walker Street LLC 17 Walker Street Falmouth Mass as drawn by Falmouth engineering Inc 17 Academy Lane suet 200 Falmouth Mass plans are stamped and signed by Michael J brelli PE Gary s La PL LS cover sheet a-0 dated July 22nd 2024 existing site conditions plan sheet C1 dated July 25 2023 architectural site plan sheet a-020 dated October 28 2024 area plan sheet a-21 dated October 28 2024 first floor first floor plan sheet a-100 October 28 2024 second floor plan sheet a101 dated October 28 2024 4 third floor plan sheet a-102 dated October 28 2024 roof plan sheet a-103 dated October 28 2024 Glenwood Road and Chancery Lane elevations sheet a-300 dated October 28 2024 Walker Street and side elevation sheet a-301 date October 28 2024 proposed perspective sheet av-1 dated October 28 2024 Walker Street and side elevation sheet a-3 1 dated October 28 2024 propos rendering from Walker Street sheet a-3 dated October excuse me September 11 muscle memory September 11th 2024 additional perspective sheet av2 dated October 28th 2024 proposed rendering from Main Street sheet av4 dated September 11th 2024 proposed aerial view sheet av5 dated September 11th 2024 photometric plan sheet rav1 dated October 14th 2024 prepared for Walker Street multif Family 17 Walker Street f with mass as drone by KD architect 17 ivaloo Street sweet 400 Somerville Massachusetts plans are stamped and signed by Evan stelman ra lighting layout version B dated 10:14 2024 as drawn by RAB 408 West 14th Street New York New York prepared for 17 Walker Street 40b fou mask polard electrical Sales Inc 551 Mid-Atlantic Drive West depford New Jersey final and lighting cut sheets sheet rb2 with final revisions date of 1028 2024 prepared for Walker Street multif Family 17 Walker Street found with mass as drown by kdi Architects 17 ivaloo Street sweet 400 Somerville Mass plans are stamped and signed by Evan stelman ra topographic site plan sheet one of two and Sheet two of two dated October 25th 2024 prepared for Walker 17 Walker Street is drawn by vtp Associates Inc 132 Adam Street sweet 3 Newton Mass stamped and signed by Joseph R Porter PLS and Mark baso PE plan of the vehicle movement Glenwood Avenue access prepared by fouth engineering Inc 17 Academy Lane sweet 200 fouth Mass dated 1024 2024 do we want to I think we're going to do it all at the end if you have a hold we can do it that way yeah we hold if this yep okay to keep going no no yeah it's fine uh G2 the three units including one one bedroom unit one two-bedroom unit and one Studio unit shall remain affordable rental units in perpetuity to households earning no more than 80% of the area median income Ami for barnable County one Studio unit shall remain affordable rental unit in perpetuity to households earning no more than 100% Ami for barille County 11 renzel units shall remain eligible for for inclusion on the town subsidized housing inventory per the requirements of the state executive office of Housing and livable communities eohc all affordable units shall be year- round tency market rate units shall be a minimum 30-day tency the affordable units shall be evenly distributed through the building as approved by the eohc and the affordable unit information shall be submitted to the zoning board of appeals and thereafter to the housing coordinator G3 there should be no additional bedrooms created within the new building and no space may be converted to add additional bedrooms to any unit non-compliance with this condition shall be considered a violation of the comprehensive permit G4 the comprehensive permit shall not be transferred without Express written approval of the zoning board of appeals in accordance with 760 CMR 56 G5 each condition in this de decision shall run with the land and shall in accordance with its terms be applicable to and binding upon the applicant the applicant successors and ases G6 the height of the building shall be limited to 37 ft including the Elevator Shaft the applicant shall provide a height certification to the building department and Zoning Board of Appeals at framing G7 where this comprehensive permit is granted specifically under Mass General Law chapter 40b section 20-23 allowing the override of local zoning parenthesis density there shall be no as ofri right changes made to the subject property any changes requested shall be properly submitted to the zoning Board of Appeals as provided for under Mass General Law chapter 40b and the associated regulations G8 the development shall be limited to a maximum of 11 units with single building a total of 15 bedrooms including two Studio units G9 parking or storage of any unregistered vehicle boat recreational vehicle or trailers on the premises is strictly prohibited G10 there shall be no accessory structures on the premises including sheds due to lot limits lot coverage Li liit G11 the site inspector acting in town engineer instead will be specifically responsible for inspections as directed by Town engineering ensuring adherence to the requirements in soil erosion and Cate control standard conditions appendix a including but not limited to the inspection and approval of the garage entries exits and storm water apperences someone see the site inspector will be specifically responsible to review the as-built pl for compliance with approved plans g12 all the runoff is directed to the internal system the system shall be constructed in a compliance with the plumbing code as seen applicable by the plumbing inspector G13 maintenance and repair of subservice storm waterer runoff control shall be in accordance with the operation and maintenance plan dated October 25 2024 prepared by vtp Associates Inc maintenance and repair of the park parking garage and parking garage entry exits ways as well as snow and trash removal from the premises shall be the responsibility of the applicant G14 dark sky compliant lighting shall be provided and spotlights are prohibited any lighting installed to a side or rear of the building as required to meet code shall be installed in accordance with the applicant's lighting plan 17 Walker Street 40b LTG layout prepared by Raab for par electrical Sales Inc dated October 14th 202 four the parking garage g15 the parking garage shall be constructed with ever sered springless security grill model 671 S garage doors or substantially similar garage doors interior lighting on motion sensors shall be installed within the parking garage to minimize nighttime view the applicant shall comply with any requirements of the building code adopted in Falmouth for one of the three designated EV ready parking space to the EV operational if required by the adopted building code g16 12 secure covered bicycle parking spaces shall be provided as shown on kdi architecture first floor plan sheet a-100 dated October 28th 2024 g17 the garage vehicle entrances shall be constructed with the following for pedestrian safety a 4ft tall ballards at either side of the garage entrance on chancer Lane and the Northerly exterior side of garage space one and the southerly the exterior side of garage Space 3 off Greenwood Avenue B striping that extends from the garage entrances to the lot line c one voice Notifier at the chancer Lane garage entrance and one voice Notifier at the Glenwood Avenue garage entran is to alert pedestrians uncoming Vehicles D signage at the interior of Chan Lane garage exit signage at each of the Interiors of the Glennwood Avenue garage at exits to warn drivers of The Pedestrian Crossing e there should be no exterior in stallation which Limits line of sight for vehicles exiting the premises G18 all residential units will be group one adaptable dwelling units pursuant to the Massachusetts architectural access board maab requirements that regulate unit adaptability for persons with disabilities g19 the applicant shall provide the zoning board of appeals with a copy of the audited cost certification of the development within 180 days of the completion of construction G 20 any changes from the plan submitted and approved by the zoning board of appeals shall be submitted to the zoning board of appeals for approval prior to the implementation of send change the zoning administrator may make a determination as to whether the changes are substantially as shown on the approved plans reference in G1 above and essentially minor in nature and can be approved administratively or whether the applicant must submit the change to the zba pursuant the 760 CMR 56.0 511 changes made prior to an approval may be subject to a full hearing and are at risk that the zba may deny their request subject subjecting any unapproved construction to be ordered undone g21 this comprehensive permit shall be a master permit which shall subsume all local permits and approvals normally issued by local boards the Board of Health and Conservation Commission are excluded from this provision with respect to permits and approvals issued pursuant the state laws or regulations G22 this permit shall elapse 3 years from the date in which the decision is filed in the town clerk's office if a substantial use of the comprehensive permit is not sooner commenced except for good cause shown as determined by the zoning board of appeals b23 this permit shall not take effect until a copy of the decision bearing the certification of the town clerk that 20 days has elapsed after the decision has been filed in the office of the town clerk with no appeal being filed or than an appeal has been filed within such time is recorded in Barnstable County regist barnable registry of deeds any person exercising rights under a duly appealed comprehensive permit does does so at risk that the court May reverse the permit and that any construction performed under the permit may be ordered undone you good to keep going yep okay prior to site work CH I just um again just another comment but uh under G2 um G23 uh you said G2 G2 G2 yeah um at the very last the uh the Bold I mean we approve this uh market rate unit shall be a minimum 30-day tency and uh I just want to point out again for the future uh kind of a caveat um there's nothing that precludes this gentleman from um making this like an extended day Hotel an Airbnb and uh it would certainly skew the uh parking situation that we have in the wrong direction and I think it's just again uh we're at capacity something that in the future anything like this we should uh keep a close mind to well said okay where are we s work prior to site work prior to site work S1 there shall be no access to the premises by workers prior to the approved construction hours of 7:00 a.m. or after 7:00 p.m. Monday through Saturday no Sunday orid holid hours are allowed absent an emergency all construction vehicles shall remain strictly on the subject property and not obstruct sidewalks or park on a buding streets construction vehicles are prohibited from idling on or near the premises outside of construction hours during construction effort shall be undertaken to minimize impacts on a Butters including securing dumpsters stabilizing soil to guard against erosion from from a rain event utilizing wash stations and ensuring that public roadways are kept in clean in compliance to the town soil erosion and sediment control control standard conditions 8 2020 appendix a for the zoning board of appeals as the permanent Authority the site shall be secured from predicted wind rain or snow conditions the applicant shall consult with Town engineering site inspector regarding protection of town roads installation of a wash station and dust management during construction and shall comply with General engineering requirements the applicant shall provide an erosion control plan to be approved by the town engineering and a copy to the site inspector which is a requirement of Street opening permit I'm going to put a hold on that one thank you madam chairman S2 the applicant shall show the Transformer and electric lines on the plan submitted for a building permit with a copy to town engineering and the zoning board of appeals S3 the applicant shall provide to the police building department engineering and zba the name phone number and email address of a project contact individual for the duration of the construction process to ensure that any questions or concerns including those of a Butter's and residence are timely managed S4 the applicant shall meet with the fouth police department to determine when or if police details would be required all police details required by the fouth police department or per the applicant's own choice shall be paid for by the applicant S5 at the applicant's expense a site inspector will be designated by the town for this project to act instead of town engineering from the firms that have been prev vetted by the town the site inspector will perform or oversee inspection site work under this permit or other construction related Services required including compliance of the town's soil erosion and simic control standard conditions appendix a and Report directly to the town's engineering department with a copy to the zoning board of appeals the applicant shall establish a 53g account prior to the preconstruction meeting through the zoning board of appeals for the site in Spector the applicant shall obtain any required Street permits for driveway construction abandonment utility work or other right of-way work Town engineering shall inspect RightWay work S6 prior to starting work under the comprehensive permit the applicant general contractor and any uh necessary subcontractors and the designated inspection engineer shall hold a pre-construction meeting with a Building Commissioner representative of the Department of Public Works engineering division zoning administrator water superintendent Board of Health agent Wastewater superintendent Falmouth fire and Falmouth police to review soil erosion incate controls inspection requirements and procedures review of conditions construction traffic uh traffic management General project schedule building permit submission requirements Street opening permit requirements work hours and any other pertinent information S7 construction shall be accordance with all requirements of town engineering including the town's 2020 soil erosion and settlement control standards standard conditions appendex a the applicant shall request inspections and writing at least 24 hours in advance to the site inspector or town Department reinspection fees shall be per 3 section 3055 to the town negotiated with the site inspector contract no construction shall commence until inspections for the below items have been approved copy of inspections to town engineering a the required erosion and settlement controls are installed and approved B stabilized construction entrance and wash station is installed and improved C Storm water and infiltration areas are protected and the protection means are approved and D the limit of work is demarcated in the field and approved S8 the town is specifically not waving per fees associated with demolition or construction including when not limited to the water line water tapping sleeve and uh valve water meters sewer privilege fee sewer connection and services and Engineering RightWay work and building department fees permit applications and plans for the Water and Sewer Service shall be submitted to the Department of Public Works water superintendent and Wastewater superintendent any required utility easements shall be in a form and manner as prescribed by the town S9 the applicant shall show the location of water and sewer line components and service on building and permit plans plans shall State all standards policies construction practices or rules and regulations of the found with water and sewer department shall be adhered to throughout the duration of the project the Sewer Lateral shall be videoed and determined the condition and the applicant shall comply with related Town requirements S10 prior to the installation of any storm water leeching facilities the site inspector shall observe the bottom of the excavation and the applicant's engineer shall verify that the elevation is a minimum of 2 ft above estimated seasonal High groundwater have a we have a hold we do have a hold did you it was um so I know that's a standard condition the question I've got for you madam chairman to the board is um construction vehicles on property this is a very tiny lot um I would suggest that we get some wiggle room just to say that they if they need to park things off premises they just work it out with the police chief right didn't we have that in another section no this one just requ just says it needs to be on site and I think that's possible in this lot yeah yeah at 100% coverage right yeah for about a week once it's torn down right so let's reward it so what do we want to change then um we got to reward it properly all construction vehicle shall remain strictly on the subject property and not obstruct sidewalks or Parks or or a budding streets unless permitted by the police department to do so authorized unless authorized by the police department is that supposed to be or a budding streets or on a buding park on a budding streets unless authorized by the police department that sounds good I think the intent is there to not disrupt the neighborhood but we need to give a little wiggle room so they can yeah get their job done because they're not going to keep stuff online everyone's okay with that yeah yep so we're on to prior to building permit B yes prior to building permit B1 the water superintendent and the Wastewater superintendent are required to sign off on the application in addition to other Town departments with jurisdiction prior to the issuance of any building permit B2 the applicant shall provide the zba proof of the creation of The Limited dividend organization in accordance with 760 CMR 56.0 4 to restrict profits B3 prior to the issuance of a building permit to the building or unit the applicant is required to provide the board with a copy of the eoh LC final approval of the project in accordance with the comprehensive permit rules 760 CMR 50 6.04 and the guidelines including part three concerning affirmative fair housing marketing and Resident selection the applicant shall prepare a final draft of a monitoring agreement or mass docs affordable housing restriction that includes monitoring and a property management agreement and submit said draft to the board for approval as to form by Town Council B4 Water and Sewer Service application shall be made as required by the water superintendent and the Wastewater superintendent including any plans or meter requests B5 the building permit plan shall be designated around the parking and if another column is required it should be added to the construction plans without affecting the parking Arrangement The Building Commissioner shall verify that the provision of parking for 11 Vehicles is maintained can I have a quick question on that are they going to be numbered the parking spaces with each apartment I don't think it was discussed I think how can you do it if they don't have enough what how can you do it if they don't have enough going to be catch as catch can and then point find it on Main Street okay that's all I mean I would assume they're going to assigned because there's only one per unit right so yeah yeah okay we don't need a condition or anything on that developer how about um only uh tenants are authorized to use the parking facility cuz that'll preclude anybody from outside or visitor using it cuz we have problems enough with 19 spaces cuz it's certainly going to be an issue I don't know how we could ever enforce that no once it's once it's built and in use I mean it's they would be enforcing at least they have something to point to I think you have to have something to get in though right F or something yeah I don't want to yeah I think we just leave it I was just asking my only concern with the parking is just to make sure that you're not telling an affordable unit you're not getting parking just to make sure it's fair equally distributed amongst the apartments and how are you going to do that well I just say that you condition saying you can't you can't say the affordable units can't have a parking spot well that would give him an unfair Advantage cuz there's only 11 Serv and 19 true let's not get lost in the minut yeah so we'll just leave this right that would be six I mean just one more uh but at least um if it did become an issue somebody using the par space that wasn't a tenant they'd have something to point to most of the private garages usually have they're numbered and then usually assigned and yeah but we don't have we can't that's not possible here so I it is be one space per unit apartment one apartment two that's oh that's that's in the two bedroom okay yeah sorry I think it's fine the way it is myself I was just asking about numbers is everybody you all I don't there B6 the building permit plan shall show all exterior doors of the proposed building to open entirely on the site and not into the public right away B7 the applicant shall have the surveyor pin the building corners and limit of work along the property line prior to construction due to the close proximity to lot lines prior to occupancy permit 01 the building address in unit number shall be posted by the applicant accordance with section 99-1 A fixing of legible numbers required as formally assigned by the town engineering with the building permit application and approved by the fire uh fire prevention inspector prior to the issuance of occupancy PR hold is that what you think I can put in the mail in this section you think it should be in the last one there are postal regulations about that I don't know that we have to you don't think it has to be a post office has regulations about how mail gets delivered I think we leave the post office figure it out we've done it on other ones that's why I know but they're they're outside in in inside these are going to be inside okay all right we'll just get it then 02 a certified as built plan shall be provided to the building department copy to zba and site inspector for review for conformance to the approved plans prior to the issuance of the certificate of occupancy the asilt should be a built plans yeah that the ASB built plans with a correction there uh shall be an uh overlay on the site layout plan with the addition of the proposed storm water management system structures and pipes added to serve as the approved base plan plus water and sewer lines and components any deviations from the approved plan shall be clearly shown in Red Line over the base plan which should be faded back for clarity the as built shall be certified by both licensed surveyor and a registered engineer that the work was performed in conformance with the approved plans and all permits 03 final Lottery agent Lottery plan and marketing plan shall be submitted to the zoning board of appeals prior to the issuance of a certificate of occupancy 04 as built drawing shall be submitted to the water superintendent and include any ties for valves or fittings on the water main with water pressure testing provided as built drawing shall be submitted to the Wastewater superintendent providing sewer information including swing ties from buildings Corners to any sewer cleanouts locations of manholes and Sewer invert elevations at building and at each manhole 05 the final certificate of occupancy shall not be issued until all required site work including drainage or other improvements are completed as confirmed by the site inspector the developer shall request the inspection engineer to issue an email to the zoning board of appeals confirming completion and compliance with all requirements under their oversight the developer May request that the zba considered a bond for the value of any incomplete work to ensure that the work is completed in accordance with plans 06 any light trespass from the premises onto Glennwood Avenue Walker Street or Chancery Lane created by the project shall be addressed post construction prior to the issuance of the certificate of occupancy it may be necessary to eliminate or eliminate light trespass the applicant shall install a clock on the Main Street facade of the tower 07 the extent permitted by law and the subsidizing agency eohc preference for the rental of 70% of the affordable units in the initial Lottery shall be given to a persons or families who are fouth residents and or B the parents of children and fouth schools and C employees of the town of Falmouth or those employed within the town of Falmouth the local preference shall be implemented by a lottery agent approved by the zoning board of appeals prior to the conducting the lottery the lottery agent shall submit a final Lottery plan for the zoning board of appeals and housing coordinator for its approval all costs associated with the lottery and monitoring shall be exclusively born by the applicant 08 prior to the issuance of a certificate of occupancy the applicant shall a submit a final executed copy of the property management agreement to include installation operation and maintenance of common facilities B submit a final executed copy of the monitoring service agreement reports of the monitoring agent shall be provided after initial rental of all units then annually thereafter to the zoning board of appeals and housing coordinator 09 the applicant shall invite the assessor to view the premises do we want to say when this is all okay prior to occupancy that's the section it's prior to occupancy yeah 01 any damage to Walker Street Chancery Lane or Oakwood Avenue during the construction process shall be repaired under the direction of and in uh in compliant with Town standards under a street permit if required at the expense of the applicant yeah not Oakwood Oakwood is another section of town so now read any damage to Walker Street Chancery Lane or Glenwood Avenue during the construction process shall be repaired under the direction of and in compliance with standards under a street permit if required at the expense of the applicant waivers W1 any waiver not requested or voted by the zoning board of appeals is deemed denied the board finds that the need for affordable housing outweighs the local concerns and votes as follows on waivers requested we want to do we want to vote on the conditions before we do waivers or just keep going we go through the whole thing now we can do all the okay component parts and at the end we can have a vote for the we keep going W2 section 240. 1112b minimum lot width W3 section 240 11.3 a maximum lot coverage by structures pavment and parking lot coverage by structures parking Paving is currently 100% and will be decreased to 94.9 the B1 zoning District limits lot coverage by structures Paving parking to 90% section 24.3 A the RC zoning District limits a maximum lot coverage by structures Paving parking to 40% W4 section 24 111.3 a maximum lot coverage by structures the existing lot coverage by structures is 14.8% it will be increased to 82.8% the B1 zoning District limits the maximum lot coverage by structure to 70% section 240- 11.38 the RC zoning District limits the maximum lot coverage to 20% for structures section 240 11.38 W5 section 24.5 a maximum Building height the B1 and RC zoning districts limits the maximum Building height to 35 ft the minor increase in height at 37 ft is not expected to be visually discernible and allows for a design War keeping excuse me with the neighborhood building style and the historic district the zoning bylaw section 240. 111.5 A also limits the maximum number of Stories 2 and 1 half Stories the proposed building comprises three stories with parking proposed on the first story W6 24 111.5 a maximum Building stories W7 section 24.4 A one front yard setback the apartment building is proposed to be cited 2T F feet from Walker Street to the East and 2 feet from chancer Lane to the South and 3.5 ft from Glenwood Avenue to the West the B1 and RC zoning districts require a minimum front yard setback of 50 ft for multif family dwellings exceeding two and a half stories W8 section 241 11.42 side and rear yard setbacks the side/ rear yard setback of the proposed building from the north is 2 ft the zoning bot does not require any side or rear yard setbacks in the B1 zoning District the r SE zoning District requires a minimum sidey yard setback of the building height for multif family dwellings exceeding 2 and 1 half stories and minimum rear yard setback of 100 ft for multif family dwellings a small portion of the building is located in the RC zoning District at the southeast corner of the lot the remainder of the building is in the B1 zoning District W9 section 240- 141e minimum parking requirements per the bylaw the parking requirements for the premises would be 1.5 parking spaces for each one bedroom or Studio unit and two spaces for each two-bedroom unit this would result in 19 required parking spaces for the residential units the applicant proposes to provide 11 parking spaces W10 section 240. 62a and 246.50 B multif family units and density these units fulfill an identified need in the town's housing production plan for restricted affordable rental units the applicant is required to provide 25% affordable units three units the appli is providing an additional tiered affordable unit the zoning bylaw requires a special permit from the zoning board of appeals for multif family dwellings in the B1 zoning districts at a density of six units per acre the proposed density for the project shall site exceeds this [Applause] requirement w11 section 240-1120 B directs the zoning board of appeals to stand in the stad of the planning board for site plan review in cluding for a new development a lot that would add one 1,000 ft or more of gross floor area or which would under Section 2401 12.2b table of minimum parking requirements require a total of five or more parking spaces based on both existing and new development W12 section layout of chancer Lane which has sufficient area between the southernly lot line of the premises and the traveled way to allow for delivery of vehicles W13 section 240-418-5217 14 section 240- 14.3 Landscaping requirements w15 sewer bylaw code of Falmouth chapter 180 section 180-55 the Wastewater superintendent has reported that there exists sufficiency Capa sufficient capacity within the sewer system to provide for the proposed residential development variance in Li of the select board is required due to the septic increasing septic increase exceeding 10% w16 historic district bylaw code of FMA chapter 36 section 36-6 very nice fine job to approve that would be great mam chair I make a motion to approve the findings as presented in this draft with the notation that finding number 30 has been deleted and the subsequent uh findings have been renumbered accordingly second any discussion all those in favor I opposed none mam chair I make the motion to approve the general conditions G1 through G 23 23 with the notation that there is a revision to g12 second I think we can just say any amendments Maybe well there's only one so it's just that was seconded by Mark yeah oh you second it oh okay any further discussion all those in favor I oppose none um Madam chair I move to approve the conditions designated prior to site work with the notation that paragraph S1 has been amended to add after the phrase or park on a Budd streets the words unless approved by the Falmouth Police Department second any discussion all those in favor I oppose none Madam chair I move to approve the conditions designated prior to occupancy permit no wait this B building permit building building permit um yes I I move to approve the conditions designated prior to building permit B1 through B7 as presented I'll second any discussion all those in favor I Madam chair I move to approve the conditions conditions designated prior to occupancy permit as presented being on conditions 01 through 0 10 with the note that on condition 010 Oakwood Avenue has been correctly identified as Glenwood Avenue and 02 had a typo to okay the as built okay oh the a built to as built all right and I'll second that any discussion all those in favor I oppose none Madam chair I move that the board approve the waivers designated uh W1 through W6 as presented don't think we had any amendments or anything Chang no changes I'll second and the second by SC any discussion all those in favor I oppose none now to wrap it all up where is that wrap up section motion to Grant a comprehensive permit under Mass General Law chapter 40b for the Redevelopment of 17 Walker Street F map 47a section 08 parcel 013 lot 0000 B with Massachusetts or the premises to include demolition of the existing building and construction of an apartment building containing a total of 11 residential units for of which shall remain affordable in perpetuity as provided herein based on the above stated findings and with the following voted conditions second second by Mark any discussion I think we have have a roll call oh roll call have a motion in a second we roll call Mark fman I Peterson I Duffy I Murphy I Morse I and that's it we are done good job thank you that was a great job thank you a very good decision yes nice job nice job on that very much so all right moving on we have 9724 fth Housing Trust 419 with quite Highway uh thank you for the record I'm Laura moan the executive director of the F Housing Trust so I think we are just here to try to understand what the plan is I submitted the draft decision on December 19th I haven't received any comments back on it so I don't know what the status is on that um we did receive um a demolition permit from the building departments so I'd like to just file that for the record thanks thank you um and just just for the record while the hearing's o still open I did review the r application um we did not request approval from the zoning board for demolition I don't think that's necessary because it we're not in a historic district um so there is no issue with any other local board having to approve demolition other than the building department so um in the draft decision that I submitted I did put in the grant of relief um that the board um grants approval for Demolition and construction but that I think is actually my error because I don't think the Board needs to approve the demolition so I just want to put that on the record depending on what your plan is tonight if you're going to go ahead with the vote on this decision um I don't know I haven't heard anything so I don't know what the status is be helpful to know to close tonight do you have any questions mark yeah what about the uh Department of Public Works uh letter or whatever it's a driveway or a road a driveway as opposed to a road which will mean no plowing and no uh trash removal I I think it um being an affordable housing I I'm concerned that people are going to have to pay for plowing and trash removal and is there any potential for a uh seeing all the lamb that is there is there any potential this could be worked out in some fashion well I think the engineering did say that the would plow the subdivision Road and that there would be trash pickup they said they would not plow the driveway no it's considered a driveway pardon me so they consider it a driveway um they're kind of putting their foot down on these things the way I understood it yeah and they aren't going to plow and they aren't going to uh remove trash well it I have it right in the referral I can gather that for you it's it was right in the ref refal that they they would be plowing what it says rather than discuss it you have it yeah so I think just to update the board um there has been a recent interest given sort of a long history within the town of issues regarding snow plowing and trash pickup um we received a late email today basically that the director of the DPW was effectively suggesting that he was identifying this development as essentially being a driveway and felt that there wasn't sufficient space for um plowing and trash so my recommendation is assuming that we can't get this resolved now would be to leave the hearing open where we would review our draft at the next meeting but that it will give the applicant an opportunity to discuss with the engineering department how they may be able to modify so that if you know their desire and their goal is to have trash and pick up and plow that may be able to work that out the applicant was forwarded that email yes I think that's a really fair outcome I mean we'll have to hear from attorney mam but that seems to be fair to Mark point we don't want to try and Bo this is all portable units too right and I I think the other part of the problem not to speak or not for any particular party or department is when people fill out referrals they do the best they can and if that information or determination is later overridden by someone else it creates a problem right so I think rather than getting caught in the middle of this and miss daating something and then finding out that we're promising that we're going to have snow plowing and crash pickup I'd rather just suggest that the um record remain open just to resolve that and especially would the when you consider the the amount of excess Land There is here it may be that they could easily work something out in DPW with a DPW when engineering um and uh you know I know there's an issue with accepting all these private roads and you know the the weight is is decades almost um and um you know at some maybe you know they're putting their foot down here or whatever but I would think that with the amount of land there that something could be done and we should give them every opportunity to do so DW has specifically said that part of the problem that they run into is if there are vehicle that are parked on the quote Road or main part of the way that the Recycled Vehicles can't get into pickup barrels so they can't leave them either and then if they can't have sufficient turning radius for a plow that creates a problem too so they're just trying to find a way to navigate this and they haven't finished a f formal paper yet but that's where they're heading to so right now now they kind of asked to work with us to make these terminations and what uh exaggerates this problem is the size of the plow that Services uh Route 28 East Alou highway it's not one of the smaller ones um but like I said I'm sure with the amount of land deer and the rest of it going into conservation there must be some way that it can be worked out or at least I would hope so well actually they don't really have a lot of land where they need to accommodate these things because it AB buts the neighboring property and then there's a lot at the end yeah but they could Loop right back out again so could I just make a couple of comments um first of all it it would have been courteous to have let me know that this was an issue we were back we were here December 5th it's only became an issue this afternoon well I I didn't even get notice of it this afternoon I mean people know how to reach me I read it a half an hour before I got here so now I'm leafing through but I do find in the engineering referral um the submitted plan was provided to the town's trash pickup company for Review Trash and recycle pickup would be provided curbside for these homes that's October 7 2024 um and I know that there is also a statement in that referral that the snowplow would be provided on the subdivision road but not on the driveway serving Lots three and four so obviously you know we we are trying to move this project along it's unfortunate that this has just come up today um you know so we don't have any time to address it so now what are we looking at another four weeks five weeks of a continued hearing and that's that's really unreasonable it's two weeks yeah no we were looking at two weeks so so what exact I mean the road was designed to subdivision standards for the for the reason that the DPW and engineering department wanted it to be to subdivision standards and the plan is to have the town take over the road so there was a lot of time considered a road it's considered a driveway by Town standards and I mean what you read earlier said that it was going to be reviewed and this latest is probably a subject to that review okay if I just if you think about it the subdivision regulations require a a 44t road layout they require a 22 foot wide road with BMS on either side we did not request any waivers from those requirements because the road is designed to meet the subdivision regulations so to say it's a driveway I don't think that's accurate it's it meets the subdivision regulations so this was just based on an email that we received today um maybe you could read it into the record so I could know what it says my email to you at 144 today um I write hi Laura we have information from Peter mcconn today noting that he views this development as a driveway with the subdivision plan shows the Upper Road leg as a driveway and drainage easement he indicated that there is no turnaround for plow or trash trucks at the end of side leg road which would result in the town not providing plowing or trash and then I wrote due to scheduling we're discussing date Etc he said leg is is that the the uh be goes off at the right angle driveway leg and there are turnarounds shown on the plans which were approved by the engineering department are you talking about the Merill plan you talk about this plan here yes there are turn there are there are turn gravel turnaround areas shown on the plan that Scott approved and had actually asked through this process that those turnarounds be provided be moved out of the road into the road layout Etc so we can certainly check back with the DPW and ask them if you know I'm just telling you what I received today I this really isn't our purview um I you know I want I just want to make sure that we're correctly reflecting what the town their intent is to do or not and if I mate and I type in the decision that the town's doing trash and and snowplow and they're not or you know we just need to resolve this matter yeah we have to have an alignment with the department head to your point we can't supersede we have to be aligned with what their everybody wants here so I it's unfortunate to your point that we're hearing at at uh a late hour after five weeks it's ridiculous you know we H we're in a housing crisis and we've been sitting on this approval and this hearing for five weeks since December 5th and we get this in the afternoon of tonight's hearing we've had like four days off this year I it's not like we're not overloading I'm not I'm not talking about the board I'm talking about why this came in this afternoon and we didn't have any opportunity to deal with this before tonight what are the consequences just to the if I may to the applicant I I mean isn't this bad just I I I agree this last minute stuff is terrible I I understand that but what are the consequences that you're going to suffer if we just go ahead and even though we know what they're going to do is it better just to work it out with them take another couple weeks to work it out every week that goes by every month that goes by the construction costs go up the interest rates are fluctuating all over the place you have contractors lined up and ready to go it's just more delay and it's more expensive this project already has a a fundraising budget of $500,000 over $500,000 so it's a cost issue it's also an issue of the longer this process takes the longer you're going to have families in those homes who may leave have the decision to leave the community so you know we have families leaving all the time because they cannot buy a house here the median home price is now 800,000 and it requires an annual income of over $200,000 to buy a home our families are leaving so the longer this process takes those are the risks so you're you're willing to accept the consequences of what uh that the engineering department is issuing that it'll be a driveway not a roadway you'll not get trash pickup I think this is confusing because if you look at the plan it's got a driveway on that uh side but the it does say that the street is it's a road so I think what they're talking about is this what you're talking about Laura that part right there talking about that drive Drive talk which we've acknowledged already which is what Scott schulter provided us and said that there wouldn't be any services on that driveway leg it would be considered a driveway oh that but the road itself is a subdivision Road it's designed to subdivision standards but if if you look at this nrow diagram you can see that at least the fire Tru anyway is driving all over people's grass lawn I guess that's acceptable in an emergency but on a weekly basis and with a snowplow that has the opportunity to get stuck and screw up everything else in the neighborhood and the region area um it's I don't know it's it's out of our it it says the the memo says views this development as a driveway doesn't say a piece of the road so I think you got to clear it up with them so this seil set so there's a 44t wide Road layout yes okay and if you look at the plan not the fir trck turning plan but the actual site plan there are turnaround areas provided off both off the subdivision Road at the South and there's also a turnaround area provided off of the driveway and it was reviewed and approved for trash pickup based on on those turnarounds the trash company reviewed the plan and said yes they could get in there and maneuver with those turnarounds the leg of the road that extends to service Lots 2 three and four the narrow Lots is a driveway we know that so it doesn't meet subdivision standards that's why we requested waivers on that portion of the driveway and we have acknowledged that there would not be any snow plowing by the town so how this does not comply with subdivision standards to be a Town Road I have no idea planning board's looked at it the engineers have looked at it and said it meets standards and we haven't requested any waivers there's nothing to wave because the the minimum width is 22 ft and we've met that and that's how we've designed it so I I why can't we just I'm sorry M why can't we just close this and let the applicant deal with consequence I'm not disagreeing with the applicant in any way I'm just let the applicant deal with it after the fact is that a problem well it is for the it is for the tenants who may have be saddled with paying for excess for the rest of their where where's the trash get picked up on Route 28 or are they entering the D the roadway they're coming into the development that's why it he he has indicated ated that he reviewed it with the trash company and they approved the plan so we're not really talking about trash talking about snow plowing all right and I have no idea why I think what Mr McCory is talking about is the driveway leg as you mentioned Mr Duffy and that that doesn't meet subdivision standards so the town would not plow that which we've acknowledged and we're fine with it's a driveway so you know I I I would say this has to be worked out before the decision is voted obviously you know yeah no I know we're only talking two weeks I mean we're not in any position to override anything that the director of Public Works says I mean he he's in charge of engineering he's in charge of all the TR understand why why we don't get called when this stuff comes up you know it's obviously important enough that why the staff will not call and say hey there's an issue here it could have taken five minutes to work this out are you talking about theing staff anybody why were not notified the ones that did it not us so we we received a late email today and it was what time was that at uh it was fored out at like 144 okay it's not late we hate getting stuff at the last minute too is there any way we could order a a draft for review with this to be decided at the last minute well what I'm thinking is that the intent was to review the draft on February 6th and we certainly have a reply or uh you know perhaps it was misread and but that was the information that was transmitted to me um I'm a little confused because haven't we've been dealing with Scotch lutter up until today suddenly we get a email from Peter mccady and I'm wondering if they had got their signals cross right well I think part of the problem here is that this whole issue about private driveways private roads roads that can be accepted by the town has has been something that has been on the DPW burner for a while and there was actually a meeting about a weekish ago a week or two ago that I was not able to be present for but there were a bunch of town staff that were getting together and talking about these details and what was expressed to me was that there are circumstances where the town's had trouble accessing people's recycle because there are Vehicles parked in the road and so the recycle vehicle can't pick up the recycle and then there have been complaints by the town plowing if something's too narrow so I think this is all sort of hitting at the same time and I suspect what happened here was that maybe the DPW director looked at this at the 11th hour and saw something differently I didn't have a chance to talk to and uh something that you read to us uh Laura said to be submitted for review or something it didn't sound definite to me anyway I mean here's here it is the submitted plan was provided to the town's trash pickup company for Review Trash and recycle pickup would be provided curbside for these homes with pickup along the west side of the proposed Road layout that doesn't say they approved it it says it describes what they submitted the English in that trash and recy would be provided that that means they're providing it trash and recycle pickup would be the first part it was submitted for review and then it's describing what they submitted it doesn't say that the thing was approved trash and recycled pickup would be provided would be but yeah submitted for review in the beginning or whatever uh it's not a definite I think we can get this clarified hopefully pretty quickly you know just like I say it came in this afternoon so we can we could potentially they'll have a draft decision on the 6th yes get it all cleared up on that day yes A draft approval yes yes yeah and we and then you can a good project we we'll have that figured out by then and we can do it all in one night I won't be here on the 6 so somebody else will have to you know um I don't think if this is an open issue then I don't think you can close the hearing because the applicant will need to have an opportunity to deal with it with right and then we can't close it close it tonight if you want to close it tonight I'd vote against it no I I we we should leave it open I I think so you can I don't think we have Cho I we can bang it all out on on the sixth I do it's not a big deal but I have faith in us we don't have enough information to understand exactly what's going on we're certainly not in the place to know what Peter's thinking and he runs the show I I I'm just at a loss as to why after five weeks this comes up at 1:30 in the afternoon and we aren't even given the opportunity to talk to the man before 6:00 I mean that's just not acceptable I'm sorry I forwarded the email as soon as I got it and and at the same time that it was sent to the board not everybody I it but that's the best we can do I checked my email at 6:00 or 5:30 I did not see an email all right it was sent at44 14 what I'm saying is that you know if you don't get a response and it's important enough then you have to pick up the phone you know I mean that's what we have to do here now now we're I I don't I'm just at a loss as to why these things happen this way um um well I guess we can't rewrite history how do we move forward is it February 6th that we would review a draft approve close the hearing do the draft and vote what else we can do okay well I think that's best case scenario the fouth Housing Trust needs to move ahead with the Demolition so you have the demolition permit on file just want to let you know that that they may decide to go ahead and do that before February 6 um me obviously at they understand that's at their own risk but I just want to put the board on notice that we do have the demolition permit that the comprehensive permit would not be approving the demolition because it doesn't need to um want to say something so we're moving you got to come up to the podium are we okay would February 6 I won't be here so youen hi hi Karen Binet former executive director now Chief development officer and I'm the one that's raising all that money in addition to the um money that the town um has given us through the F found affordable housing fund which is about $750,000 as Laura mentioned I need to raise over $500,000 from private philanthropy for this project so I just want you to be aware um you know they members of this community that are probably watching tonight um and um and how important this is to get this going right um I was at something yesterday um that the president of Cape Cat 5 was telling us that um the median um income in Falmouth is just under $90,000 and um the gap for someone to be able to afford a house is is like $130,000 so that's why we are really pushing and you know we may seem irritated because we are irritated because we want to do this for it it's not like we're making money on it it's not like other 40 BS that people are making six and seven figures we make zero right so we don't make anything either right I understand that just directed at us I understand that and so um we will be on the phone with Peter mccon tomorrow I have a feeling he was confused uh between a driveway in a road because we're at Great expense are we building this road if we could have built a driveway we would have liked that because it would have saved us a lot of money so this is a road um I will be here on the 6th and um hopefully we can get this all taken care of thank you for your help great thank you so we got a motion yeah you made a motion yes second second it second it Mark motion second attorney might have anything else do you have anything else no thank you thank you we have a motion in a second any further discussion all those in favor of continuing to February 6 hi I opposed none than you all right so moving on minutes and Zoning administrator updates next week for discussion Saturday Saturday at 9: can't wait we can't have any discussion though no I have a can't discuss say something go ahead Frank next week we're having um review or to vote on that um monopole Tower at St Elizabeth Satan I'm a member of that Parish so I will recuse myself so you will need somebody else to act as clerk if you're have I'm a member of that parish as well God bless you well yes thank you I need it thank you very much to be honest Parish I don't see that that's a condition to recuse that would be like I shop at Stop and Shop shop and I can't uh I mean that's a little bit more than that Mark well yes well I just want to know if I have to if Mr Duffy is Rec I have decided that I am going to you make your own decision and if you want to consult with Town Council go ahead thank you I will clerk that okay got it any other discussion board updates can you juggle too badly um Port updates wear uh warm clothes sad day uh future agenda I want to just briefly just remind what's permissible for questions we're not not not out the project but generally on a site is it yes Nor today kind of outlining that but isn't this a posted meeting it is it but it is the state is very specific about what happens and does not happen in the S sidewalk so what I would explain to people is that written down somewhere pardon is that written down somewhere yes probably probably well it should be provided with that um I me it goes skew we don't have specific town of fouth guidelines they could be established if you folks are interested but just the the intent is that everything happened in the public venue right so if you go on a sidewalk and you're looking at something you're talking about something the abuts will not necessarily hear that because the abutters may or may may not be present so what they expect is for people to go to the S sidewalk look around ask where something is and then come back and at the next meeting discuss what you saw what your thoughts were Etc so that the abuts can understand your thinking and that they can ask questions or whatever else I I I it's been my experience over the last 25 years that the town's sometimes definition of the open meeting law is a moving Target and if the state has some kind of guidelines I think they should be provided to us written because as my understanding this is a posted open meeting but Butters have no right to be there that they can't it's it is a posted meeting but it's not it's not one open to the general public let's where is this written it sounds like we're making it up on the fly it isar it is clear it is clear all I want to see is where the open meeting law manual and take a look at it's right in there you can't have a discussion at a at a site visit the sole purpose is to take a look and familiarize yourself with the proper okay so it is written like right that answer would have through you madam chairman should be again placement of the roadway four corners of the lot questions about the topography questions about where puddling might be exactly anything that was elicited at the public hearing or so on we can't not supposed to engage in discussion with the uh developer you're not supposed to engage in discussions with any Butters who might be there it's just literally where is the roadway going to be okay this is where this proposed building is going to be this is the four corners of the lot this is the topography that we talked about the meeting where there's a significant rise or decrease just literally those things we can ask the applicant questions yes site Rel are the a Butters invited that has made eminently clear they don't have to be they don't have to be okay just wondering it's private property it sounds like we're quite in prepared for this um Saturday at 9: correct yes and are we meeting like right off yeah meet on brick where that pile of dirt is like that's not supposed to be there we be there see at the pile of dirt okay uh future agenda items did I already do that and our next meeting is on January 30th at 600 p.m. and Mark motion watch the hockey game that's right perhaps second second we have a motion to adjourn a second all those in favor I [Music]