[Music]
[Music] Please step up to the podium and request permission. I'll introduce the staff. On my far right is Mark Finan, a voting member, very much so on time. And to his left, we have Scott Peterson, a voting
member. To my right is Frank Duffy, the clerk. My name is Suzanne Murphy, I'm chair. To my left is James Morris, vice chair. And to his left is Nick Haney. And then we have Noren Stockman, our zoning administrator, and Ashley Dlo, office assistant.
The zoning board of appeals is charged with applying the state zoning statutes as well as the town zoning bylaws and reviewing and voting on every application. All decisions are made through the public hearing process. Our goal is to hear testimony from the applicants and the public and to allow a
full and fair discussion of the project prior to closing the hearing process and reaching a decision. Number one, to begin each hearing, the clerk will read the public announcement for the hearing and read pertinent information from the file. Two, the applicant or the applicant's representative will then
have 15 minutes to make a presentation. Time may be extended by a vote of the board. Three, the board will then question the applicant. Four, the public will then be invited to comment. Comment should be limited to two minutes and be strictly strictly related to the proposal. All members of the public
wishing to speak should wait to be recognized by the chair and should come to the podium. State your name and address for the record and speak into the microphone. will not amplify your voice and record audio for the FCTV viewers. And before we start, um, we have a a time if anyone wants to come up
and make a public comment. Richard and I guess we have no takers. And the other thing is tonight all hearings are closed, so there'll be no nothing from the public. All right, let's get our agenda.
First up at bat we have Habitat for Humanity and that's a decision. [Applause] Take it away. So through you, Madam Chairman, uh just asking for the purpose of the record if the board has reviewed the procedural history, letters, emails, information
from applicants, representatives, emails from town departments, emails from butters or interested parties, plan submitted, if there's any changes that need to be made, noted. [Applause] All right. On page four under findings,
number one, according to the last published subsidized housing inventory, SHI issued by the Executive Office of Housing and Livable Communities, EOHLC, dated August 27th, 2024, prior to the submission of this application. The town of Falmouth had 10.01% affordable housing, which included a
filed approval for 300 rental unit comprehensive permit on July 29th, 2024. The town also has an approved housing production plan current through March 28th, 2029. Two, at the opening of the hearing on June 12th, 2025, uh, Miss Murphy made a
motion. Should that be from Mrs. Murphy? No. No. Miss Murphy made a motion which was seconded by Mr. Peterson and unanimously voted. I move that the Falmouth zoning board of appeals has the grounds to declare that a denial or approval with conditions of the application is consistent with local needs as defined
in general law chapter 40B sections 20 through 23 and 760 CMR 56.031A and 3A because the town's subsidized housing inventory exceeds 10% and further under 760 CMR 56.031B 031B and 4 for municipal compliant with the it
approved housing production plan and to provide the requisite 15-day written notice following tonight's hearing to the applicant and to the Executive Office of Housing and Livable Communities. Three, the board issued a letter to the applicant by email and certified mail on June 13, 2025, reiterating its stance that the town
qualifies for safe harbor based on the certification issued by the EOHLC dated October 21st, 2024, where in a 2-year certification was issued based on the number of SHI eligible units approved in July of 2024. This letter was provided in accordance with 760 CMR 56.038
within 15 days of the opening of the local hearing and included notification to the EOHLC. There was no record of an appeal being filed. Four, the town of Felmouth, Massachusetts Housing Production Plan HP report dated March 2024 referenced the substantial gap between the cost of housing and what
residents can afford. Five, the applicant met the requirements to file for a comprehensive permit. The applicant has one, control of the land purchase and sale letter dated June 29th, 2023 amended with plans date May 24th, 2024. Two, the project has been issued a project eligibility letter by
the Executive Office of Housing and Livable Communities, EOHLC. Three, the applicant is a nonprofit organization. Number six, the Executive Office of Housing and Livable Communities, EOHLC, issued a letter dated December 31st, 2024, identifying that the proposed project had received
project eligibility under the local initiative program, LIIP. Seven subject site 805 Gford Street Extension, Hatchville, Massachusetts. The premises currently comprises 176,358 square ft of area cited in the
agricultural a zoning district. The minimum lot size is now 45,000 square ft. Premises is approximately 317.44 ft of street frontage on Gford Street extension, a town rightway. The minimum lot frontage is 100 ft. Of the larger site, 40,780
square feet will be subdivided for the housing development. Number eight, the premises is cited in a DA D mapped zone C surface water protection district. The town's water resource protection district and the flood zone X. The water resource protection district is to quote promote the health and safety and
general welfare of the community by ensuring an adequate quality and quantity of drinking water and to quote preserve and protect existing and potential sources of drinking water supplies end quote. Premis is served by Town Water. There is an NStar utility easement on Gford Street. Property abudding the premises includes a
commercial landscape business to the south, residential lots to the east, and an undeveloped parcel owned by a town to the north/northeast. [Applause] Nine. The topography of the full premises ranges from a low point of 26 ft to a high of 56 ft. The area proposed
to be subdivided and developed ranges approximately from 42 feet to 54 ft. 10. The premises is currently improved by a 9,570 ft commercial building leased by Habitat for its Restore. A significant portion of the southerntherly area of the premises where the residential development is proposed is currently
wooded. 11. Designated 40,780 foot area of the premises is proposed to be divided into four single family house lots, lots 3, four, five, and six, plus one lot for a shared septic system. The new lots will be cited at the easterly end of the larger parcel at the end of the approximately 600t private driveway.
The lots will have no street frontage but will comply with a 25 ft minimum setback from a street 12. Access to the residential development is via existing paved driveway for the restore and easement agreement will be provided access for residential owners. 13. There will be no change to the curb cut on
Gford Street extension. 14. Bounds are proposed at most lot corners for the residential lots except where it would lie in a driveway. A waiver has been requested. 15. The building lots are proposed to range in size from 7,37 square ft to 8369
ft. The agricultural azoning district requires 45,000 square feet for area for new lots. A waiver of this zoning bylaw provision as to the lot area is requested. 16. Lot 2 will contain the shared IIA septic system, drainage, and driveway access to four residential
lots. The lot will comprise approximately 9,564 ft and will be a common area within the HOA. Question. We say lot two and have the word two. We've referred to lots by numbers. So, I think it should be
a numerical a numerical number instead of the word two. Okay, just for continuity 17. The town will not provide curbside trash pickup, nor will it provide snow and ice removal services due to the private driveway access where the residential development adds only a
small paved area to the existing paved area. Plowing is anticipated to be provided as part of the restore maintenance with the exception of the owner's private area. The property owner consented to residents sharing the dumpster with the restore. Does that need to be changed? No, that's good.
18. The proposal is to construct four three-bedroom homes that will be solar and EV ready for Habitat selects owners prior to construction. All homes will be adapted to meet the individual needs of the owners. The homes will be tiered affordable, ranging from at or below 60%
of the area median income AMI to a maximum of 80% AMI. The applicant estimated that 60% AMI homes will sell at approximately 194,500 and 80% AMI homes will sell for approximately $261,900. The proposal involves a total of 12
bedrooms for the development. 19. The proposed capital square footage for the homes ranges from 1,256 square ft to 1,276 ft. All units will have basements and a washerdryer hookup. 20. The lighting for the development is proposed to be porch lights on each of the dwellings. At the
front rear of the dwellings, no project based lighting was proposed. 21. Dwellings are proposed to be heated and cooled by electric heat pumps. 22. Dwellings are proposed to range from 17 ft 8 and 5/8 in the ranch to 21 ft 4 1/2
in cape and height. The bylaw permits height up to 35 ft. 23. As required in the bylaw, two parking spaces are shown on each lot. No guest parking was identified on the plan, though there exists paved area for additional parking within the larger property. 24. A common
mailbox is proposed for the development. 25. The Falmouth Affordable Housing Committee issued a letter dated March 21st, 2024 fully supporting the project. 26. Felmouth Fire Department has approved the path plan for fire apparatus access. 27. The water superintendent reported that the water
man needs to be extended from its current location with an 8-in DICL class 52 cement line pipe per the utility standards. Each home must have its own 1-in PE water service with a curb stop shut off valve located outside of the driveway layout. Each water meter needs
to be installed inside the home and not in a crawl space. At the end of the water man in the northeast corner, it is agreed to have the developer install a fire hydrant for potential future water quality issues at the end of the water main extension. Water main installation needs to be inspected by the water department from beginning to end. So,
please coordinate in a timely manner to allow us to fit this project into our schedule. Please come to the DPW and fill out four water service applications to provide four copies of the site utility plan showing the location of the water man water service to each new home. Water main extension fee will also
be required. 28. The select board issued a letter dated July 29th, 2024 with their vote to endorse the LIP application of the EOHLC noting a local preference for two of the homes. 29. Town engineering. The town did not require a peer engineering review for this development. Uh topics reviewed
included subdivision regulations, definitive subdivision plan, and layout site plan. 30. The planning board referral included the fact that the proposal represents uh infill residential density, that the yards are adequate, and that the dwellings are appropriately sized. 31. The housing
coordinator noted that all four dwellings would be deed restricted to be at or below 80% AM AMI and will all be eligible for inclusion in the town's subsidized housing inventory SHI for fulfilling a town need. Dwellings are within walking distance to the Falmouth High School, a small grocery market and
a future YMCA. 32. The board of health agent noted that the proposal is cited outside MMA nitrogen sensitive area but recommends but recommended the plan include space for an IA design. and the board of health will need to review proposed septic systems.
33. The applicant reported that Habitat for Humanity of Cape Cod, Inc. has been identified as the lottery agent and will perform annual monitoring with Housing Assistance Corporation monitoring any resales. 34 8 foot by 10t shed locations are identified on the plan and and will be
provided by Habitat. I move the appro the that the board vote to approve the findings paragraphs 1 through34 with the change noted in paragraph 16 as read at this meeting. Second. Everybody all set with that? All those
in favor? Opposed? None. Does that be roll or roll call at the end? Roll call at the end. Yeah, the end. Okay. Thank you, Madam Chairman. Shall I continue? Yes. Decision, please. Uh, excuse me. Strike that. Conditions general G1 where this
comprehensive permit is made specifically under MGL chapter 40B section 20 through 23 allowing the override of local uh zoning density. There shall be no as of right changes made to the subject property. Any changes requested shall be submitted shall be properly submitted to the
zoning board of appeals as provided for under MGL chapter 40B and 760 CMR56 G2. The construction shall be substantially as shown on the plan submitted and reviewed by the board as follows. Definitive subdivision plan existing condition plan sheet one of
six. Site plan overview sheet two of six dated January 30th, 2025 with a final revision date of July 11, 2025. Site plan habitat for humanity sheet three of six. Details and notes sheet four of six landscape plan sheet five of six swept path plan sheet six of six date July 21,
2025. Prepared for Habitat for Humanity of Cape Cod, Inc. 411 Main Street, Sweet 6 Yarmouth Wart, Mass. as drawn by JM O'Reilly and Associates Incorporated. 1573 Main Street, Route 6A, Brewster, Mass. Plans are not stamped or signed.
Foundation plan sheet A1.0, first floor plan sheet A1.1, front elevation sheet A2.1, rear elevation sheet A2.2, right side elevation sheet A2.4, left side elevation sheet A2.3,
building section sheet 8.30, 30 floor flaming plan, excuse me, floor framing plan sheet A4.0 building section sheet A3.0 window schedule sheet A5.1 door schedule sheet A5.2 details sheet A5.3
All plans dated July June 25, 2025 3-bedroom ranch foundation plan sheet A1.0 first floor plan sheet A1.1 front elevation sheet A2.1 rear elevation sheet A2.2 2, right side elevation.
Sheet A2.3, left side elevation. Sheet A2.4, building section. Sheet A3.1, floor framing, floor framing plan. I'll get that right one of these times. Sheet A4.1, second floor framing plan. Sheet A4.2, window schedule. Sheet A5.1, door
schedule. Sheet A5.2, details. Sheet A5.3. All plans are dated June 25th, 2025. Three-bedroom Cape, lots three, four, and five. Prepared for Habitat for Humanity of Cape Cod. Lot number one, Jack Delaney Road, Dennis Mass, as drawn
by Catalyst Architecture Interiors 203 Willow Street, Sweet A, Yarmathport, Mass. Plans are stamped and signed by Kurt E. Rabber, RA, and swept swept path plan date July 11, 2025 with a final revision date of July 21, 2025. Prepared
for Habitat of Humanity of Cape Cod, Inc., 411 Main Street, Suit 6, Sweet 6, Yarmouth Port, Mass, as drawn by JM O'Reilly Associates Incorporated. 1573 Main Street, Route 6A, Brewster, Mass. Plan is not stamped or signed.
G3. All storm water from the premises shall be directed to recharge on the premises. Dry wells shall be added to the plans. The storm water system shall be operated and maintained privately. G4, the access driveway is private and will remain so. The town will neither pick up trash nor plow. G5, parking or
storage of any unregistered vehicle or boat on the premises is strictly prohibited, and this shall be included in the homeowners documents. G6, the applicant shall provide a pull-off area for two vehicles to uh the mouth of the driveway approximate to Gford Street extension for parents awaiting school
buses. G7, any deviation, no matter how minor, from plans submitted and approved, shall be submitted to the zoning board of appeals for approval pri prior to implementation of said change. The zoning administrator may make a determination as to whether the changes are minor in nature and can be approved administratively or whether they require
a public hearing for an amendment. Changes made prior to approval shall be subject to a full hearing and are at risk that the zoning board of appeals may deny the request subject to any unapproved construction be ordered undone. G8. 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. G9. This permit shall not take effect until a copy of the decision bearing the certification
of the town clerk that 20 days is elapsed after the decision has been filed in the office of the town clerk with no appeal being filed is recorded in the Barnesville County Registry of Deeds or that an appeal has been filed within such time. Any person exercising rights
under a duly appealed comprehensive permit does so at risk that court may reverse the permit and that any construction performed under the permit may be ordered undone. G10. This permit shall lapse three years from the date of 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 as determined by the zoning board of appeals. G11. This comprehensive permit shall not be transferred without the express written approval of the zoning board of appeals in accordance with 760 CMR56. G12 each condition in the decision shall run with the land and shall in
accordance with its terms be applicable to and binding on the applicant the applicant's successors and as G13 the maximum height of the dwelling shall not exceed 22 or excuse me strike that 28 ft. Uh G14, construction hours shall be
limited to 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday hours shall be limited from to 8:00 a.m. to 4 p.m. No Sunday or town observed holiday hours absent an emergency. All construction vehicles shall remain strictly on the subject property and not park on a budding streets. Construction vehicles
are prohibited from idling on or near the premises outside of construction hours. During construction, efforts shall be undertaken to minimalize impacts on a butters, including securing dumpsters, stabilizing soil to guard against erosion from a rain event, and ensuring that public roadways are kept clean. G15. The development shall be
limited to a maximum of four single family dwellings with a total maximum of 12 bedrooms. Two of the dwellings shall remain in perpetuity affordable to eligible purchasers whose annual income shall not exceed 60% of the area median income as determined by the United States Department of Housing and Urban Development. Two 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 four affordable dwellings shall be eligible for inclusion in the town's subsidized housing inventory, SHI, maintained by
the Office of Housing and Livable Communities, 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 and this comprehensive permit. G16. The dwelling
shall include an entry and first floor bathroom with a minimum 32-in doorway width to provide visitable access. All threebedroom homes include a firstf floor bedroom. G17. There shall be no further division or subdivision of the premises or the creation of 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. G18. To the extent permitted by law, preference for the sale of 50% of the unit shall be given to home buyers that are found with residents, employees of the town, employed within the town, or who have
children attending town schools. The applicant shall work with the housing coordinator to communicate with all state with the state and shall provide a lottery information for the units. G19, the affordable year-round, not seasonal family ownership of units, all of which shall be included in the subsidized
housing inventory, shall be subject to a regulatory agreement, fair marketing and income guidelines. Units shall not be rented or sublet. Certification of compliance with affordable housing regulation shall be submitted after the sale to the zoning board of appeals and Falmouth housing coordinator. This
certification shall include documentation that each affordable ownership unit is occupied by a qualified owner as their primary residence. The affordable unit shall remain affordable in perpetuity with a use restriction recorded at the Barnstable County Registry of Deeds copied to the zoning board of appeals and the housing coordinator and shall
survive sale, foreclosure, or bankruptcy. Any resale of an affordable unit shall be properly managed by the by an affordable housing specialist and reported 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
is provided in homeowner documents. G20. Drainage structures shall be constructed in accordance with the plans and all roof areas shall be connected to drainage structures. Homeowners shall be appraised of set installation. Maintenance and preservation of drainage structures shall be the responsibility of homeowners. G21. The applicant is a
nonprofit organization and shall comply with all applicable EOHLC requirements. G22. The definitive subdivision plan shall be recorded at the registry of deeds. After ma recording the plan shall be provided to the assessor for a new
parcel identifications. Following the new parcel assignments, addresses shall be signed by the town engineering. Applicants may inquire about draft addresses. This procedure shall proceed the application for a building permit. I move the board vote to approve general conditions G1 through G22 as presented
and read tonight. Second. We have a motion in a second. All those in favor? I oppose? None. Will you please conditions prior to site work S1? The applicant has stated that this is a uh is a private driveway. As such, water
lines beyond the road shall be the responsibility of the homeowners. Any required utility easement shall be in a form and manner as prescribed by the town. The water man shall be extended from its current location with an 8-in DIC class 52 cement light pipe. Per the utility standards, each home shall have
its own 1-in PE water service with a curb stop shut off valve located outside of the driveway layout. Each water meter shall be installed inside the home and not in a crawl space. At the end of the water man in the northeast corner, the developer shall install a fire hydrant for potential future wall water quality issues at the end of the water man
extension. 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 file shall fill out four water service applications with the DPW and provide four copies of the site
utility plan showing the location of the water man and the water service for each new home. A water man extension fee shall also be required. Plan shall show the location of septic components and water service. Plans shall state quote all standards, policies, construction practices or
rules and regulations of the found water department shall be adhered to throughout the duration of the project. End quote. S2. Prior to starting work under the comprehensive permit, the applicant, the general contractor, and any necessary subcontractor shall hold a pre-construction meeting with the building commissioner represented of the
Department of Public Works engineering division, the zoning administrator, water superintendent, board of health agent, Felmouth Fire, and Felmouth Police to review soil erosion and sediment controls, inspection requirements and procedures, review of conditions, construction, traffic, traffic management, general project schedule, building permit, submission
requirements, work hours, and any other pertinent information. S3. The applicant shall meet with the Felmouth Police Department to determine when and 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 for by the applicant or as determined by the town
manager. S4 construction shall be in accordance with all requirements of town engineering including the town's 2019 soil erosion settlement control standards conditions which document is affixed herein as appendix A and with the zoning board of appeals as the permit granting authority. All uncontaminated storm water runoff shall
be directed to recharge within the premises. No increase in storm water runoff from the premises is allowed. Engineering signoff is required prior to site disturbance and the issuance of any building permit for this project. Erosion and settlement 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 activities on site until the issue is addressed. S5, the applicant shall have the surveyor stake the limit of work. S6, the applicant shall retain an engineer or surveyor to provide an asbuilt plan
and certification of the driveway and utilities as described in section 305-2C for review by the engineering division before final approval of the project's construction. S7, the proposed site disturbance is less than 1 acre, federal and town threshold. The applicant shall
provide storm water management calculations and drainage maps showing storm water mitigation of the town's design storm asuh described in the town subdivision regulations chapter 305. The limit of work shall remain in place until the end of construction. Any damage to the limit of work shall
immediately be repaired. The contractor shall be held responsible for maintaining the erosion controls and not impact of butters. Dry wells shall be added to the plans and roof runoff shall be diverted to infiltration measures. S8. The applicant shall provide 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 a Butters and residents, are timely managed. S9 mature trees, particularly those approximate to lot line, shall be
maintained to the extent possible. Trees straddling property line shall be assumed to be jointly owned and cannot be damaged or removed without the written approval of both parties. The limit of work line shall be installed prior to sight disturbance and may include adjusting the limit of work to protect root systems of trees onto the
premises. S10. The applicant shall confirm the proposed mailbox location with the US Postal Service. I move the board vote to approve conditions prior to site work S1 through S10 as presented and read at the hearing tonight. I'll second.
We have a motion and a second. All those in favor? I oppose. None. Conditions prior to building permit B1. The developer shall comply with all water superintendent requirements regarding water lines and shown on the site plan. Prior to the issuance of building permits, the applicant shall conduct a
hydrant flow test to determine available flow and pressure to fight a fire and provide the results to the water superintendent and fire chief. The applicant shall provide an easement for the water main extension in a form approved by the town. The tap and sleeve assembly shall be inspected, including pressure testing, chlorinating, and
sampling. The developer shall provide an asbuilt to the water superintendent upon completion. B2. The certified plot plan stamped by a licensed surveyor shall be provided to engineering and the building commissioner for review and approval as part of the application for a building permit. At a max, excuse me, at a
minimum, the plan shall show the following. Lot dimensions, driveway limits of pavement, parking stall locations, dimensions, building locations, dimension, building footprints matching the architectural plan dimensions, closest distance to nearest property line from each building, locations of drainage
structures, including limits of infiltration areas, hydrant location, storm water pipe locations, and invert elevations. drainage structure rim and invert elevations, depth, width, and length of stone infiltration beds, including roof infiltration areas, fencing, sight lighting, and the limits
of work, which shall also be uh demarcated in the field. This plan shall serve as the base for his asbuilt plan of the project upon completion. I move the board vote to approve u conditions prior to building permit uh
B1 through B1 and B2 as presented and read here tonight. Second. We have a motion in a second. All those in favor? I oppose. None. Conditions prior to occupancy permit. 01. The applicant shall install a
wayfinding sign for 805 to 817 Gford Street Extension as Gford Street Extension and proximate to the commercial building. O2. The applicant shall properly post addresses as assigned by engineering in compliance with section 99-1, a fixing of legible numbers required prior to the issuance
of a certificate of occupancy. 03. A final lottery agent, lottery plan, and marketing plan shall be submitted to the zoning board of appeals and housing coordinator prior to the issuance of a certificate of occupancy. 04, landscaping shall be installed per plan submitted to the zoning board of
appeals. Any material substantially diseased or dead shall be removed and replaced with similarsized plants within one year of the final certificate of occupancy. Habitat will be providing a
one-year warranty on plantings. 05. The final certificate 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 the ZBA consider a bond for the value of incomplete work to ensure
that work is completed in accordance with plans. 06. Any drainage to Gford Street Extension during the construction proc any damage. Thank you. uh to Gford Street Extension during the construction process shall be repaired to town standards at the expense of the
applicant. Good catch mark. Uh 07. Prior to the issuance of any certificate of occupancy, the applicant shall enter into a 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 housing coordinator after initial round of sales. 08. All dwellings shall have the same general exterior appearance and construction quality and be in conformance with the approved plans. The
dwellings shall be solar and EV ready. 09. A certified asbuilt plan shall be provided to the ZBA and engineering for review by conformance to the approved plans prior to certificate of occupancy. The plan shall be an overlay on the plan described in condition B3. Any deviation
from the approved plan shall be clearly shown in red line over the base plan which should be faded back for clarity. The asbuilt shall be certified by both a licensed surveyor and registered engineer that work was performed in conformance with the approved plans and all permits. The 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 asbuilt plan is approved. 0.10. Dark skyfriendly lighting shall be provided at dwelling doorways. Spotlights are prohibited.
This shall be included in the homeowner documents. 01. The applicant is required to provide one, a regulatory agreement and declaration of restrictive covenants for ownership project. Two, an affordable housing deed writer specifying that affordable units shall remain affordable in perpetuity. and
three, a declaration of trust for the homeowners association, if 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 with the zoning
board of appeals and the town's housing coordinator. The applicant as a nonprofit corporation is limited in its profits under MGL chapter 40B and any excess profits shall be paid by the applicant and distributed as required by the subsidizing agency in accordance with the applicable law,
regulation and guidelines. I move the board approve uh the occupancy prior to occupancy conditions 01 through 01 as presented and read here at the hearing tonight. Second. We have a motion and a second. All those in favor? I
oppose. None. 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 MGL chapter 40B. The
applicant has requested the following waiverss from these pro from those provisions these provisions to which it does not comply. W2. The waiver from section 247.7B5, the density limitations within the water resource protection overlay zoning
district. W3. The waiver from section 249.3 affordable housing development seeking approval from the ZBA under chapter 40B in lie of a special permit from the planning board. W4 waiver from section 240-11.2B1,
the requirement for minimum lot dimension requirements for lots 2 through six. W5 waiver from section 240-11.2B2 the requirement for minimum lot dimension lot width W6 the waiver from section 240-11.4
4 A2 the requirement for side and rear setback requirements. W7 waiver from chapter 305-56 and 11 approval of definitive plan by planning board. W8 waiver from chapter 305-14 environmental impact statement
new subdivision is within an existing developed lot. W9 waiver from chapter 305-30 and 37. Due to the density in a low traffic area, sidewalks are not proposed as part of the development. W9A
waiver from chapter 305-34 and43. The subdivision has a shared driveway and street lights are required to be waved, requested to be waved. W10, the waiver from chapter 305-38, the requirements of monuments seeking selected lot corners for any future
survey with monuments shown on the definitive plan. W11, the waiver from chapter 305-41, fire alarm systems. W12, waiver from a temporary construction signage regulations. W13, waiver of
fees, parenthesis, select board vote. W14, waiver of board of health design 310 CMR 15.0000 room for IIIA no longer needed. Question on waiver W9A.
The sentence in street lights are requested to be waved. Does that mean we wave them or what's the action? No, they don't have any. So, they've requested a waiver to not have to install them. Okay. All right. Thank you. So, I move the board vote to approve the waiver W1
through W14 as presented and voted and read uh by the board here tonight. Second. We have a motion and a second. All those in favor? I So, wrap up motion. I move the board.
I move the board vote to grant a comprehensive permit with conditions for the construction of four three-bedroom home ownership dwellings, including three Cape designs and one ranch design. Two units shall be affordable in perpetuity to households who income whose income is not more than 60% of the
area median income. And two units shall be affordable in perpetuity to households whose income is not more than 80% of the area median income as determined by HUD HUD and EOLC at 805 Gford Street Extension, Hatchville, Massachusetts. Assessor's
map 26 section one parcel 017 lot 0000D known as the premises. This comprehensive permit shall be subject to the conditions as voted upon by this board here this evening. Second motion in a second. This is a roll call.
Veteran I. Peterson I. Duffy I. Murphy I. More. We're done with that one. Thank I fine John. All right. Next up, we have
163 Bay Road, North Balmouth. A vote. Everybody all set on this? Chair, I read the decision. I'm sure everybody else did, too. I found no no issues with it. I think it was correctly prepared and expresses the sentiment of this board. So I move
second. We have a motion to approve in a second. I just want to add something to um there are 15 embments in this town and they're all compromised.
um like the next sewering project and it it's takes some methodology to correct this the next sewer project uh the the homeowners there are going to be paying roughly $40,000 betterment bus
installation and it seems that um this in the case of Meganet or whatever these people have to endure for the shellfish growing out there because
that's their contribution to cleaning up um our embamments and uh I don't think these people appreciate or understand the science and uh I just thought that that stood out
during the hearing the other night and uh it's applies to everybody. Right. So, we had a motion. Do we Did you second that? I did. As to the content of the decision. I think the uh
Yeah. Yeah. Not my statement, of course. So, we have a motion in a second. Everybody else set and not We're all voting up here. Okay. All those in favor of the motion? I Okay,
moving on. Minutes. Apologies. Uh minutes. Yes. 17 and 24. 17 and 24. Please. I'll make a motion to approve uh July 17 and July uh wait a minute. July 17, 2025
and July 24, 2025. Second. We have a motion and a second. Everybody all set with these? All those in favor? I oppose? None. Um, then we're going to do 85 brick kiln.
We had some changes. Oh, wrong one. I think we can just vote them as a whole. Can we not it? I think it's fine. I don't know if the board wants to make a statement to the record where the mediation took place
privately because the case is under appeal. Just read this paragraph. That's fine. Should I read it? Sure, go for it. Okay. The decision on comprehensive permit 058-24 granted with conditions was originally
filed with the town clerk on March 20, 2025. The decision the applicant filed an appeal with the housing appeals committee on April 8, 2025. Parties engaged in settlement discussions and determined that the appeal could be satisfactorily resolved upon approval of
the modification as set forth in this document. And then there are eight 10 paragraphs of amended. Let me get my paper clip in there. 10 paragraphs of amendments
reflecting um finding number six, finding number 27, condition G8, condition G14, condition G18, condition G20, condition 02, condition 04,
condition 05, and condition 09. uh as set forth in the modification, the remaining portion of the comprehensive permit um remains unchanged. Have a second on that.
Second. We have a motion and a second. Uh I think this is also roll call if I'm correct. I add one thing. Yeah, go for it. I just like to say to those who engage in mediation, thank you and good work and I think doing a good job once again trying to uphold the decision of the board. Thank you. find you here.
Um I think it's a roll call if I'm correct. Yep. Bob and I. Peterson. I Duffy I. Murphy. I Morse. All right. Moving along. And we have vote two members for mediation for 20 uh
for West Palm West Palmouth states. I would like to nominate um Scott Peterson and Tony Puchi and myself. Three. We have a couple of members are going to we we know that the the the court is in October and there are two
members that are going to be away for bits of periods of time in October. So I would like to be the backup for those two if that's okay with everybody. Right. Just in case someone's absent. I'll move that. So we have a motion that we have a motion and a second.
All those in favor I opposed. Hopefully none. All right. Board discussion. Oh, we're breaking our record tonight. Board updates. I could slow down and I won't mess up as
many words, but I know people. Oh, you did a fine job. You did a good job. You're permanently appointed to He even brought his fancy glasses in tonight. We're We're in good shape. Uh future agenda items dinner. And the next hearing is August
28th at 6 p.m. Mark motion to adjurnn, Madam Chair. There we go. We have a second. Motion to second. All those in favor? I All set. [Music]