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So, we have quite a few. Um, we're taking things out of order. We're going to take 02326 Bennett Simpot out. >> No, excuse me. That's not scheduled till 600. We have Okay. So, we're going to do

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Broken Bow first. Okay. >> You, Nick, have the floor, >> which we've already opened. >> Good afternoon. >> Sorry. >> Nick Marion representing the applicant. Last time we were here, the board raised uh or asked me to look into several

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things which included uh snow storage area to be shown on the plan. Uh fencing around a detention pond, more definitive answers on the grinder pumps, how many and how they were going to be owned.

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Uh foundation plans with height of buildings and materials being used. a phototric plan, site distances, preliminary condominium budget, and uh how the bus stop the area for the bus

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stop. Uh we've pretty much covered everything except the bus stop area. I've had a com I'm going to take you through the first on sheet five of the first um set of

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plans I submitted. I'll put it up on the screen so everybody can see it. Is it in that packet that you brought us tonight? >> Yes, it's the first five sheets. Yes. >> Okay. >> All right. So, in sheet five Sheet five. I didn't highlight it on

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mine, but I did on yours. It shows individual grinder pumps coming out of each unit into a force main that goes to Route 28. So each unit, the question was we put

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one per building or one per unit. Each each unit will have their own grinder pump. The cost of the grinder pump will be paid for by the developer in the installation and construction of the project and the only thing the resident will be responsible for is

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the uh sewer bill to the town. The we would be paying the connection fees. And what about maintenance on the grinder pump? >> The the maintenance the maintenance on the grinder pump they're I'm told that they last about 15 to 20 years. If you look on the condo budget, we carried a

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20-year reserve for it where they reserve $105 a month each unit. So at the end of 20 years is $175,000 approximately. U there's very little maintenance on them and it's the replacement is they're

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told that they go for about 20 years. >> Okay. I think they're quite sure they're warranteed for about half that >> they may be >> the ones in the other one. >> May I >> This is This information is from RF RF Mahoney. >> RF Mahon. Yeah. >> Mr.

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>> Go ahead, Tony. >> Just I didn't hear it. I apologize. The replacement reserve. This is the what you just handed us tonight. That's that 14,688. >> That's per year. >> Per year. >> Yeah. The 20 year the 20 year. So, it's

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105 per month per unit, which comes to 14,000 per year and 172,000 or whatever it is for 20 years. >> Thank you. >> And they're rebuildable as well. It wouldn't be a total replacement. >> Yeah, they very little. Very few of them fail. Most of them just need reasonable

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replacements for a thousand bucks or something over 15 years or so. >> Now, did you I'm sorry, I wasn't paying attention. Uh the grand >> do you have them uh where they're placed in this? >> Yeah, it's I I think where if you see where they come out of the house,

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they're right in front of the house. >> Now, uh >> I think I highlighted it on your plan sheet. >> I I watched the uh for the Mullen rule. I watched the meeting the other actually last night the last meeting so I can sit on this >> but um I noticed there was a a

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conversation in that meeting uh about uh sheds um and uh I think I have a little knowledge that might save you the price of the shed but uh Mahoney makes what's called an IH pump which actually fits in

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the basement of the house and then all All you have to do is string an inch and a quarter pipe through the uh floor joist and out the it's it's very cheap. I did one of my houses for $700. So if you were to use the uh IH pump,

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which you can investigate with fire Mahoney, you could potentially save enough money to give these people a shed. As a matter of fact, I'm sure you could. And they're much easier to work on. >> I was missing the connection for a minute there, but I see it now. the money easier to work on. And also uh

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when the power goes out, the IH model holds [snorts] more water because once the power goes down, you're limited to the amount that the um uh uh thing will hold. I mean, you can't keep pumping water into something that's not pumping it out. So, uh for for that alone, uh I

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mean, they hold about two more flushes. I have one. I out of the 1,400 people in the Little Pond sewer area, I'm one of only, I think, three people that uh researched and found one of these. But you should investigate the the in-house pump and you could save money and give

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me >> IH pumps. >> IH it's called. >> For in-house. >> Yeah, I is for in-house. But it's much easier. >> And I put mine on one of those rubber restaurant mats before I installed it. And it's I mean you can hear it in the

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basement, but it's extremely quiet. It's nothing that would bother anyone. And as I say, it's much cheaper. Um some of these people in the in the little pond service area spent all that money excavating around their house when they could have just run the pipe through their, you know, through the floor joist

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like I did. Saved a ton of money. >> So word to the wise, it's usually sufficient. >> I like things that saved money. So [clears throat] >> later questions just regarding the budget. Mr. Marott, good evening. Thank you for being here. U just to clarify, I

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think the question was asked about the reserve. You just said the the replacement reserve of 14688. That's for the sewer or the sewer reserve is 720 a year. Is that is that the reserve for grinder pumps and such? >> It's $5 a month. That was

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>> Yeah, it's uh sewer reserve $720 annual, $60 monthly budget, $5 monthly fee per unit. That's that's for the grinder pumps. And >> that's for maintenance of the of the thing. The ongoing maintenance will probably be condo association

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>> replacement reserve. That's just that's covering pavement, roofs, siding, windows, mailboxes, fence, etc. And that was >> 4536 based on today's prices in 30 years. Um, >> okay. Thank you.

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>> They're guesses of course. It's It's like double what it is today. >> I understand. I mean, you're right. Based on those numbers, you're running you're going to have to have an assessment based on [snorts] today's prices of 13,000. Just under 13,000, but that's not unreasonable based on the number of

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units, but all right. Thank you, >> Tony. >> No, I'm fine. >> Anybody else have any other questions? >> Continue. Thanks. >> Okay. So next next we uh we dealt with uh the site distance question that came

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up. So the next two sheets you have show the sight distance of the two entrances. There's a you see in the box the stop sighting distance >> stopping sight distance >> on the left side of the sheet. >> Oh, it's on that one.

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>> Oh, okay. Yep, I got it. The required minimum stopping sight distance based on the 20 mph speed limit is 115 ft. We have 240 to the left turn

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on this entrance and 180 to the right on the on the other entrance. We have sight distance of 150 ft to the left and 160 to the right. Taking the bends into considerations, there's no obstructions.

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So Chris >> question. So does that mean you will not be landscaping on that corner? >> No, it doesn't mean we won't be landscaping. It means we won't put anything in there that'll block the >> So in other words, you'll keep it low. >> It'll be trees or grass. Low very low growing things. Yeah. If there's a big

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drainage area in the corner they have anyway. You'll see it on a different sheet. So we can't put too much there anyway. >> Any other questions on Okay, moving along to snow storage. >> Simple as >> Yeah,

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>> we're showing snow storage. I just got this uh yesterday. This this area of How do I get rid of this Ashley? The >> sight lines down in the general. >> Okay, this poor

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So, the the only question I have is this snow storage area behind the dumpsters probably isn't going to be able to be used, but the other snow area should be fine. Snow storage areas. >> Tell me where they are again. Is one on the playground? >> They're shown on the next sheet after the traffic.

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>> Oh, okay. >> Losing my mind again. Yes. >> Oh, yeah. >> Okay. >> You got three of these like right in the sight lines of the entrances and exits. >> Two two streets with sight lines. >> No, no, no. I understand it. I got looking at the plans. It's snow storage right at the exit that's going to

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potentially block the sight line of the exits. >> Yeah, Nick, they can't go there. >> You'll have to melt it with your X-ray vision. >> Yeah, they can't go. >> Well, I think it's it looks to me like it's beyond the sight distance are beyond if you pull up to the

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intersection. >> No, they can't go there. You're not going to be able to pull out. >> My my my um my feeling is everybody's going to use the first entrance. And uh I don't know why they'd come out the second entrance anyway. They're not

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going to go left, that's for sure. >> So everybody's going to go right. They come out the first safe, Nick. We we we can't just use our feelings how you feel they're going to go. >> It's not a question for the peerreview engineer. >> Yes, it will be a question for the peer review.

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>> I think you could use the playground area. >> Yeah, there's ample space in the playground probably to hold. push it back far. It would be fine in the playground. >> Well, I get the purpose of the play is really to show that we have areas to put the snow. >> You know, where we actually put it, of

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course, will be dictated by the storm, the size, the amount of snow. Sometimes you have to remove it, truck it off the site. We've had to do that this year in the big storm. >> Yeah, we can work on that. >> Okay. Next was the uh

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the drawings themselves. We wanted to see. A little bit better than the average. This is the phototric plan, which is the next sheet you have. We're we're only focusing on the lights in the back of the buildings that would

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spill off site the front of the buildings. You see these these overhangs over the front porches. It will be can lighting down on those on the fronts. >> Yeah. >> Go ahead, John. Yep. Um, this is always

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a concern and when I look at the notes of the minutes, I was asking about uh dark sky friendly lighting, which basically means it's all down lighting no matter where it is. >> It's shown right on the upper right hand corner of the >> Oh, I'm sorry. >> The plan, it shows the uh the fixtures

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we're probably going to use, which show >> direct down lighting, dark sky friendly. >> All right. Light trespass at at absolute minimum. Yes, we the only place where it's anywhere

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near a property line was the the post light near the dumpster near the trash recycle. And we can uh do a couple of things. We can put a a light on the building or we can lower the post. Uh I think these are based on 12ft

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poles. We could put a 10 foot there. The idea is just to keep it dark sky friendly. >> Yeah. >> Does that say sign down by one of those entrances? >> I'm sorry. >> Does it say the word sign? >> Is that going to be a sign you just saw? >> Huh? >> On the plane you just looked at?

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>> Yes. >> On the on the landscape plan? >> Yeah. >> Yeah. Yeah, it does say sign. >> Doesn't that say sign? >> Yeah. Stop sign. >> No. >> Oh, it might be stop sign. Yeah. >> Oh, not on that side of the road. Yeah, >> that's the entrance, not the exit. >> You see it, Nick?

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>> Where's Where does it say sign? >> It's the first entrance coming off Broken Bow. >> Yeah, the one off Broken Bow >> written in pencil pointing to the right. >> If you were having a sign right down there at the >> into that red tree. >> Yeah, I guess there will be projects. >> It'll say broken bow. Okay, that's what

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I kind of thought. >> So, that's going to go off to the right. Looks like there's an arrow, I think. Okay. Now, this landscape plan, Nick, I I get concerned with you because you like to just come in and just tear the place apart. And there's a [laughter]

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Well, he does. >> Sorry. But anyway, there was a gentleman that came in that showed us a video of of a huge tree on on the property line. I want you to tell me the trees that are huge that are out there now that you're going to save because there's a huge

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water problem out there and trashing all these trees is not going to help anybody. >> You got to save some of the big trees and I know you don't like to do that. >> Well, it it's it's a little early for me to answer that question, but okay. >> Prior to finishing this up, we will have

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to identify them. We'll have to have uh >> an aberist would be really good. Well, we have a landscape architect and what we do is we we mark the area of clearing. >> Then the peerreview engineer comes out. I think even one time Norin came out

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with them and looked at the trees we were taken down, suggested maybe a couple more, suggested some we could try and go around and then once that gets blessed, we go to work. >> Okay. So, I mean, part of, and I can't recall at

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the top of my head, part of our bylaw requires that you mark certain trees of certain caliber. I'm not sure if that's a waiver, but I think, correct me if I'm wrong, I think the chair is asking you to mark significant trees that may be caliber that's greater than four or six

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inches. I'm not sure. That would be a pretty large tree. So, any significant tree, I just want to be very clear about this. Obviously you can't do it if the house going to go there but anything that is within safely away from a house of significant size and madam chair are

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you thinking greater than 6 in caliper >> I know you think that's six I was thinking more 12 myself because there is still a lot of scrub up there >> all right then it's got to be 12 in that's a that's a big size tree >> is that

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>> you know the site better than any of us >> I I I think we're we'll Mark the trees along the property line. Obviously, in the middle of the site, they're coming down. So, >> yeah. >> Yeah. >> So, we'll we'll mark trees along the property line. We'll we'll meet with the

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butters who that that those trees impact >> and uh have a seat. Go ahead. Um we'll meet with the budders who were directly impacted by the trees that we coming down so that they'll at least know they're coming down and there's Okay. Okay. Not much we can do about it.

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It's >> I just don't want to lose a lot of trees because it's important. It's very wet up there and it it's you know the trees help us. >> Yeah. You you know it unfortunately what happens is on other projects we've done. We tried

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to save the trees after we clear the rest of the site. They're now exposed and to the wind and we end up going back and having to go to neighbors and try and take down another dozen trees on the site afterwards. the one that the guy showed us on a video. You could go look it up online. The the video was pretty

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clear all around it. It was a big tree. >> I I'll certainly if we can save it, we'll save you to save what you can. Sure. >> You know, >> the wind damage afterward. That's the exception rather than the rule. >> Well, we got at Wild Harbor, we got a dozen trees they want us to go take down. Some of them are on other people's

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properties like including the towns. >> So, >> as much of that's cuz you damage the roots during construction. No, it's just I >> exposed to the wind now that they weren't before. >> Madam Chair, I I think it the best thing that Mr. Maron can do is just to have as

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landscape architect market, put them on the plan. >> They're going to be in the perimeter areas, not certainly not in the parking lots and let's just see what they are. You can make your argument as they they should stay or they should go for whatever the reason. I certainly understand. You don't want them up against a foundation just going to hurt

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the roots and they'll eventually die. So just have somebody mark it and let us >> and the pier will the pier will >> pier will >> okay >> madam chairman for you um in addition >> we'll identify the trees that are that size that are going to have to come down that are not in the direct building and

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road area >> in addition the landscape plan needs to reflect what's going to be in these areas where the snow storage is going to be. You can't you're not going to be able to get snow storage in an area if there's large caliber trees planted there addition that's going to impact the sightelines. So, I want to make sure

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that the plan includes that to make sure that we have safety that's being addressed on a traffic. >> I I didn't hear what you said. I'm sorry. >> I'm I I I want to make sure that the landscape plan, especially in the areas where you've marked demarcated for snow storage. I want to know what's going in there, if anything or not.

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>> Sure. >> Because clearly that's going to affect sight line distances. It's going to affect the amount of snow that might get in there. So, I want to make sure that that's properly delineated on the final plans. >> Fair enough. Okay. So, next is the uh the building

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plans. The request was to show building height that's marked on the plan. Uh building materials. It's It's hard. It may be hard for you to read. Is Can you see it on your plan? >> I can see it. >> It's as roofight, right?

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>> Vinyl trim >> 236 >> vinyl siding and composite decking. >> May I? >> Yeah. Go ahead. um vinyl. It says vinyl shingles. >> Yeah, we're going to you in on the front

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of the building. We're going to use uh cedar impressions. Look like white cedar shingles, but >> we're not use you're not using a a party plank type of thing. Going to go to vinyl. >> Vinyl. >> Particular reason to go this this lower end? >> That's what the uh owner has said that

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they want to use. >> Well, I understand why. I mean much less money. And what's going to be on the side of the house? Vinyl. >> Vinyl clap. >> So it's all vinyl. >> Yeah. And then you wanted to see a foundation plan. >> That's PVC trim.

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>> PVC trim. Yes. And composite decking. >> I have to admit, um, this looks a little better than your normal offerings. That's a compliment. [laughter] It does look a little better. Honestly,

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I mean, it took you a few time. Yes. >> Very proud of you. >> Thank you. >> I'm I'm still looking on sheds on this plan, too, Nick. >> Might be working that. >> Yeah, we haven't got that far. We don't We don't even know we're we're going to offer them.

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Um, and I guess the next iteration of the plan will show where the proposed locations would be. >> Yeah. >> But we got some problems with topography for some of them. So, we're working that out. There's a couple at the bus stop. There's still a few things we have to work out.

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>> Um, I just wanted to get to the point where there was going to be uh peer review. >> Okay. But um >> and I was trying to address the things that come up at the last meeting. >> The u potential savings once you investigate the IH uh would save you

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enough an excavation to throw in a shed. Just saying. >> Say that again, please. >> The potential savings by using the IH >> should be more than enough savings on excavation and labor for you to throw in a shed for these people.

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>> Yeah. You realize these these units all have indoor inside access to the >> basement. But you know, kids dragging a bike up and down the stairs. I mean, if we can save you a few bucks, you could kick a few back. >> And and no one else here except possibly Frank and Norin have lived through the

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era of uh lawsuits if we tried to put a shed on the site. So you don't remember those days. >> That's not become doesn't become an issue. So >> yeah, >> but but now they're almost you're trying to almost mandate them now. And that's

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what I'm saying. It's >> You check the numbers, talk about it in the future. >> We we'll consider it. We'll see how this how things go on the project. >> I have a quick question. >> Go ahead, Tony. >> Um so you're actually you're seeing a

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full height 7 something 710 basement with the only access being the bulkhead. Is that correct? No, there's access from the inside also. >> There I see it here. Yeah. Yeah. >> And um with regard to I'm sure the kind

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of insulation you're going to end up using, are you giving any kind I don't see, not that these are construction plans, but I don't see any scuttle drop down stairs or anything to the attic. >> No any pull down. >> Very limited attic space there. Very limited attic space.

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>> I I realize. Yeah. No. >> Yeah. You still got we'll see how mechanical up there as it develops whether it's a big scuttle hole or it's a pull down staircase. >> That that'll probably be dictated by how much room we have in a hallway for it. >> Yeah. You got to be able to get in the

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attic no matter how small it is. Yeah. >> Oh, you have to. That's that's code. Yeah, >> that's code. Okay. >> Just peer review. Next steps. >> Yeah. Okay. >> Any any other questions? >> You're looking at an attic height in

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there of about five feet. And we may end up putting one of the units up there. >> I'm just saying in in your defense. There's not much. >> No, there's not much room. But but there may be an eight one of the heating units for the second floor might be in the

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attic. And if it is, we'll have to have some access to get to it, of course, to service it. >> Nick, what's going on with the peer review? >> Uh, we have the quote ignoring. Are we supposed to sign that or is that somebody from the town sign it? the town

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signs, but we need a check from the developer in order to >> So, you'll sign it till we pay. >> Correct. >> I um and I have a question about >> Okay. So, we only as of this moment, we're only doing an engineering wastewater storm water management

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engineering site engineering peer review, not a traffic. >> Correct. Correct. >> And we determined that the traffic uh the um the threshold was too small on this one. >> Way too small. Yes. >> All right. So, I got that out of the notes from last time. So, I checked with

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the Institute of Transportation Engineers and generally speaking, I just want the board to hear this. All right. You're going to hate me for it, but you're going I want them to hear this. The Institute of Transportation Engineers says that generally speaking, you order a uh traffic study if you have a 100 or

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more vehicle trips per day. Of course, they break that down for mid-rise, high-rise, and single family homes. single family home on under the uh it is 9.4 trips per day. I find that difficult but that's what they use. 9.4 trips per

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day per single family home and each side is a single family home. You have 12 that means you get 112.8 trips per day. So when we talk about I just want to say this when we talk about it doesn't meet the threshold. It absolutely meets the threshold. We don't have to do it. There's no rules that

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says we have to do it ever. It makes sense to do it. But it does meet the threshold for the Institute of Transportation Engineers. So we cannot say it doesn't meet a threshold >> if it's 100 trips per day. >> I interpret that differently and I' I'd like to >> by the next meeting I'll defend that.

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>> Would you do that because I found that difficult to believe. >> Yeah, it is difficult. >> It is. It's got to be referring to something else. >> I've checked. I'll have to read the whole thing. >> Yeah, if you would check it though. >> Yeah, we've had lower numbers in other traffic. Uh I there's something >> This is the IT. the IT and that's what

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I'm going by. But he's Mr. Mayor is going to check it. But I I want this to come up because maybe there is no threshold. There's no rule that says we have to order it. We don't have to do it. >> Yeah. >> But I want everyone to know that there isn't that low threshold. >> Yeah. Okay. Good point.

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>> Got more homework. >> And I'll I'll get that check over to you next week. Any other questions for me before you move along? >> Um Wait a minute. >> Checking his list.

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>> I've got a lot of notes that will wait for the pair engineer because I'm just going off last um meetings uh hearing uh memo, but I'll keep the >> There's a lot more we need to do, too. So, >> it'll be fun.

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All set with me. >> Good job on the open items. >> Any other anybody any other questions? Everybody's all set at the moment. >> Is there anybody from the public that would like to comment on Broken Bow estates? >> Nope.

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>> I'll take a motion. >> Wow. Believe uh 8:13 is the next requested date. Madam Chairman, I'll make a motion to continue hearing 84-25 Broken Bow Residences to August 13th. >> Second.

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>> Do we have a time? I was just at at the beginning of the meeting. >> 6 p.m. 6. >> So 8 6 p.m. on August >> 8:13. >> 13. Yep. >> Okay. Thank you. >> Thank you. >> Do I get a second? >> Mark second.

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>> Any discussion? All those in favor? I oppose? Done. >> Thank you. >> Thank you. >> All right. Moving on. Now we'll take 02326 Bennett Seat 402 North Falmouth Highway.

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>> What was that? Continue to >> 813. >> U. So, Madam Chairman, for the purpose of the record, uh, the ZBA, as everyone is aware, is in receipt of a letter today from the building commissioner dated July 6th. Do you have a copy? >> Yeah, I do. >> Well, Mr. Clerk might want to read it into the record.

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>> I'll read it if you want. >> This letter pertains to both appeals of 402 North Falmouth Highway. >> This letter is um from Gary Street, building commissioner of the town of Falmouth, dated July 6th, 2026. It's addressed to the chair of the board.

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Dear chair and members of the zoning board of appeals, I am writing to clarify my prior letter regarding the project at 402 North Thmouth Highway. This clarification may be helpful in evaluating any appeals relating to that project. As of this date, I have not

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made any zoning determination regarding the project, nor did I provide a determination to Mr. Kirk when he requested one. The reason is that any such determination would be premature. The project currently undergoing site plan review pursuant to bylaw section

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240 12.2 site plan review is an interactive process and the scope of the project may well change. Because of those potential changes, this determinate the determination has been deferred until site plan review is complete. If the applicant decides to

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proceed with the project and I think by applicant he's referring to the bus company, >> right? Mousini. If the applicant decides to proceed with the project after finishing site plan review, I expect that the applicant will ask me for a zoning determination at that time. I

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will then be able to base my answer on the final proposal. If the applicant decides to proceed after site plan review and if the applicant does not seek a zoning determination on their own, I will provide a determination to Mr. Kirk as

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he requests it. But at that but at this time it is too soon to act. I hope this clarifies my position and that the above information is helpful to you in your own hearing. Please feel free to contact me if you have any questions. Gary

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Street CBO with a copy shown to attorney Edward W. Kirk. >> So Madam CL chairman, this is an appeal pursuant to 4A section 8. Uh the case law on this is I think very clear. It's a precondition to even have an appeal is

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a enforcement decision in writing based on the correspondence of the building commissioner. No such writing exists. So I believe that this appeal is premature and I'm going to be making a motion to uh that case 02326 Bennett uh some appealing the building commission

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determination. The board finds there's no jurisdiction because there is no letter issued by the building commissioner prior to April 13, 2026 filing date. Uh, that would be my motion. And on a personal note, I've read Mr. Kirk, Attorney Kirk's submissions, and I am very troubled by

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this particular project. But procedurally, I don't believe it's proper at this point to be taking this appeal or this any the requested action for the board. Nor is there any application in front of this board from 402 uh North Falmouth Highway >> permit

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>> and uh >> may I be heard that uh >> you are protesting does not exist >> I'd like to be heard before you have your vote >> let's hear the board first and then let

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him talk >> Mark you can continue Um, Mr. Kirk, you're putting the cart before the horse here. Irrespective of whether this is the worst idea in the world or not, it it's not in front of us. There

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has been no letter of determination written. Um, I am kind of offended by this because I think that you're just wasting our time. And um I think some of the charges you made against the um

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building commissioner are unfounded. And I to be honest with you sir um as I said irrespective of whether this is a a proper application idea whatever um I think you're wasting this board's time

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and I'm I'm I'm slightly offended. Um th this is a nothing burger. There's no I've seen more meat on a butcher's pencil. Um I would second attorney Morse's uh

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motion as I don't believe this should even be in front of us. >> I'd like to be heard on that. >> Oh, go ahead, Mr. K. >> Thank you. I'm sorry if I offended you. Uh >> we work hard, >> Mr. Finan. Uh >> our time is valuable.

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>> Uh there are some twists and turns in this. Uh but if you bear with me, I'd like to go through the facts and the procedure which I hope will address uh some of the statements that have been made. I'm representing uh my name is

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Edward Kirk. I >> go Hold on, Madam Chair. Is there a motion in front of the board that we should be voting on prior to hearing? >> What we hear is the comment on the motion. Yes, you're actually correct. >> Thank you. >> We're not going to go into a history lesson. We're going to have a comment on

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the motion itself. >> Well, it requires going through the steps that have been taken >> to get us here >> tonight. >> I don't Well, we don't come here until the planning board has done their job. >> Yeah. >> Well, this is where we get into a a

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difference of opinion. The planning board is dealing with this as a matter of site plan review. Site plan review can only occur with or has to occur with respect to projects which are permitted

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as a matter of right or are permitted by special permit. There's been no finding by the building inspector that this is um something that can be done as a matter of right. There has been no presentation to this board for a special

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permit to allow that project to go forward. It makes no sense for the planning board to go through this exercise of site plan review when we he the planning board doesn't know and the rest of us know that there hasn't been a

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determination of uh that this can be done as a matter of right. So what needs to be done before the site >> but you're protesting that determination that hasn't been made. Well, as I'm protesting the we're appealing the fact

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that the building inspector refused to respond to our request when he had a duty to do so. >> But council, I must say, >> isn't the proper thing at that point to do is to get either a a judicial order, a mandamus or a court order

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>> to to force him to respond and then based on the response, >> the appeal then becomes right right to come before the board of appeals. But until that actually occurs, >> correct? It's right be I suggest that there's no reason to make anyone go to

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court for a mandamus to come back to get the building inspector to say something >> that's before you now because the building inspector in his most recent letter of June 6th July 6th has told me through a

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CC that he's not going to respond >> that I'm we're entitled to appeal heal from his failure to respond and we're here tonight to address that issue and the substantive

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>> doesn't the votes case vokes v Avery W Levelville state that it's the date on which the zoning enforcement officer responds in writing to a request for enforcement that creates the applicable decision becomes a date for measuring the 30-day appeal period. >> Folks, E level was my case when I was a younger man.

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>> Uh >> well, have you forgotten? I didn't catch that detail when I was reading it. That's [laughter] >> Yeah. Norin, do you want to address this? That's >> No, I'm I'm just, you know, I understand it's frustrating if you request a letter from the building commissioner and you

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don't get a reply or you don't get what you're looking for. But this board is not the authority to compel the building commissioner >> has to go to court. I understand that this board cannot step in until those actions are taken. No, this board is

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here to receive an an administrative appeal from a den a refusal of the building inspector to enforce zoning by responding to a request a request we made. And tonight, today or two days

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ago, he has said, "I'm not going to answer you because I think it's premature." That is an appealable decision. It's and it's and so you sit in the shoes of the building commissioner. So we're here before you

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to consider the question that I put to the building inspector that he refused to answer. >> We're here properly. >> We're here because you want to uh uh uh appeal uh a determination which never happened. Um

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>> according to according to uh Mr. That's why we we sort of need to go into the history of this a little bit because we had at the planning board we had officials of the town stating directly that the building commissioner has made

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a decision that this use is allowed as a matter of right now under the exhaustion of remedies and the way this this thing works when people find out that there's been a decision made whether it's an issuance of a building permit or they

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see a building going up, there's an obligation on the part of the person who's unhappy about that to take an appeal within 30 days. At a public meeting, it was announced that the building commissioner had said this was

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allowed as a matter of right. We had to respond to that within 30 days. We couldn't take a chance that someone later on would say, "You knew about this on March 17th and you never appealed." So that was the reason for our first appeal. Follow that up with a request

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for enforcement of the building commissioner. He asked for seven days more to respond. We said sure. When the 21 days are up, I said I asked the question, are we going to get an answer? And I didn't hear anything. So we took

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the appeal to this board from that refusal or from that nonresponse. We couldn't get a response from the building inspector. That gives us a right to come to the board. >> Could you hold on one second? Norin, how do we >> I

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>> obviously very important to all of these butters and it's and we have to get it right. What is the right course of action tonight? >> So Jim has read Mr. remorse has read from what's the legal requirement and that's this board's responsibility and

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that we've had the circumstance before where the building commissioner refused or didn't issue a letter and the attorney had to go to court to get the court to compel the building commissioner to issue a letter that's not this >> but I have a question that may solve it

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I mean I don't know I'm not an attorney if you believe that This use as a school bus facility is not a by right use nor is it a use by special permit. Wouldn't it be better to let the

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applicant spend this money in time to go through site plan review? Let the planning board do what they have to do immediately after that come in and then uh appeal it because it's not a byite use or a special permit use. We wouldn't

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appeal for planning board's decision. >> No, you would you would go to the you would go for a uh for the building commissioner to make a determination about it. He said so in his letter, but let it go through. I I think it's foolishness to go through all of that, frankly. But

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>> u let it go through. Let the plainting board do what they're going to do. It's not a by right use. It's not a special permit use. My reading again, not attorney. Let it happen. ask for a determination in writing and then come

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to the board because if you believe it's a not a by right or it's not a special permitted process, there's no such thing as a school bus facility in our zoning. >> That's right. >> All right. >> They would need they would need a variance. >> Well, when you have when you have an

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office, it has to be accessory to >> All right. or um the has to be an accessory to or incidental to office use. All right. And bus depots or whatever they're calling school bus facility is not is neither one of those things. >> Yeah. I think though that

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>> about a milk truck facility. >> No, but I I think the board is starting to get into the details of the case. And what I would advocate to you >> is that this is not >> a proper procedure to follow.

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Jim, I apologize. Could you read that in one more time? And then we should vote on on the motion. >> Precondition to right of appeal from inability to obtain enforcement decision is written response declining enforcement. Date on which zoning enforcement officer responds in writing to request for enforcement creates

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applicable decision and becomes date for measuring 30-day appeal period. Both from Voges versus Avery PW Level Incorporated 1984. and his letter of July 6th was a statement by him refusing basically to

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respond to my request for enforcement. So I think it's it's here before you. >> It's Frank. Do you have anything? >> Well, um I was one of the I I like many other people in this room watched that planning board hearing a number of weeks

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ago, probably a couple of months ago, and I was quite puzzled as to why they were even talking about this case. It didn't seem to me to be appropriate, but nevertheless, they filed an applica. The applicant here or or the Lucini filed an application for site plan review, I

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guess, at the direction of the building commissioner. So, they took it up and even the planning board had doubts of about what they were doing. But, um, what I what I see right now is that up there on at 402 North Fmouth Highway, there's an empty lot. There's nothing

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there. There's no zoning violation going on up there right now. uh any zoning violation is an abstraction right now. Um there's also no decision of the planning board in the form of site plan review. There's no

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decision of the building commissioner determining what is the principal use, what is an accessory use. There's no uh building permit issued by the building commissioner. we have to have something to refer to in an appeal because we

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don't deal in abstractions either or we shouldn't. So I think that I I again I took took the the letter I read from the building commissioner where he says if the applicant decides to proceed after site plan review >> and if the applicant does not seek a

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zoning determination on their own, I will provide a determination to Mr. Clerk if he requests it. And I think that is the time that the appeal becomes right. >> Well, I won't take up any more of your time arguing the points that I've

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already tried to make. >> I understand. And you you have some legitimate zoning issues, too. >> He does, >> right? And the question comes, boy, why is everybody going to go through the site plan review process when the key question can be answered here? Why wait

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till it's all over? It's not the cart before the horse. Certainly. Well, Mr. Mor read the first question that needs to be >> before us legally. He read the case. The first question to be answered should be is it a matter of right or does he have a special permit? That that should be

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answered before they're allowed to go forward at the planning board. The only the only thing that makes >> the building commissioner's determination, not this board. This board has no authority. >> Board has authority to review the inaction of the building commissioner.

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they that's what you're here for. >> But the action relates to nothing. There's nothing going on up there. >> There's a there's an application before the the planning board that says what's going to go on and it shouldn't proceed until there's been a preliminary

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determination that it's allowed as a matter of right. It's >> well to address the zoning issue at the end of the special uh the site plan review process makes no sense at all. Ready to vote? >> You guys ready to vote?

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>> I'm ready to call the vote. I would like to call the vote. >> So, we had a motion and a second. Do we have a second? >> Scott, >> this is the first the 023. I need my glasses. 02326. >> And we're all ready to vote on that. Okay, guys.

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>> Yes. >> All those in in >> It's an affirmative vote. It's been deny lack of jurisdiction. >> Yes. Thank you. have an affirmative vote. All those in favor of an affirm affirmative vote >> to deny.

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>> To deny say I >> oppose. None. >> All right. Then we have 03026 appeal of the building commissioner's failure to enforce zoning. So, Madam Chairman, uh, regarding case 03026 filed on May 13, 2026, requesting the

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board inform the planning board, the applicant, and the building commissioner that A, the proposed use is not permitted or by right uh, use under the zoning bylaw, either as principal or an accessory use, and that b, in order to proceed further, the applicant must first obtain a special permit from the zoning board of appeals. Uh the board

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finds the building commissioner has not issued a determination based on the uh June, excuse me, July 6th letter that the ZBA does not have jurisdiction regarding the determination of the use or requirement for a special permit at this time and it would be to deny based on lack of jurisdiction.

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>> Second against Scott. >> We have a motion and a second. Any discussion? All set. All those in favor of denying I I >> opposed? None. Well, good luck in your

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>> Thank you ways. >> Sorry it's confusing for everybody. I understand. >> It's very confusing. We've been doing this a while and it's confusing to us, too. >> Thank you all for coming. >> All right, we'll move on to

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>> Do you want to give a few minutes for people to exit? Take a minute till they leave. We can do six felmouth Heights and continue. >> Well, yeah, if you want to take that out. >> Yeah, while they're moving. Moves us along. Let's continue six Felmouth

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Heights Road while we're exiting. Okay. >> No one's here. >> No one's here. >> Madam Chairman, on 01826 Falmouth Heights Road, there's been a request to continue. The applicant is still waiting to get a flow neutral variance from the board of selectmen.

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I'm moving to continue to August 6th, >> a second. >> It just uh I I may have aired the last few meetings. Uh actually, I can find out on my own, but

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um the sewer runs all the way down uh Alcott and Elma Road. >> Mhm. >> Almost bordering on this property, but it may be hitched to the original sewer on Main Street. >> All right. I got a I got a G. >> Can you people please exit the room

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>> and talk outside to work? >> Do you have a question? >> This is a public meeting. It is still in session. Ladies and gentlemen, do >> you just have a quick question? >> The planning board. >> Planning board. >> Oh, it's all good.

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>> So, go ahead. Um, if in fact the uh property at 6 Felmouth Heights Road is hitched up to the sewer, the original sewer on Main Street, there are no restrictions, >> right, >> in the bedroom count. Uh, so

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>> if it's hooked up out back, >> if if it's hooked up on the other one, there is. And um >> he he made no uh indication as to which it was. It would have been more simple. And I I called to tried to get an answer. I didn't, but then I kind of figured it out on my own. >> For the purpose of the motion, they're

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not going to be here tonight. >> Yeah. >> Yeah. But anyway, that's >> So, we're continuing this till August 6. Okay, guys. Everybody's all set. >> Second. >> All those I second. I think you did. Good. Yeah. Did >> you get me seconding? Okay. >> All right. >> All those in favor of the continuation? >> Opposed? None.

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>> All right. Then we did the next one. So, now we're starting the two new ones. And I'll I'll clear the room. >> No. Goodness. 227 edge water. >> Yeah. >> All right. Let me get my file out here. >> Take your time. It's still too loud.

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>> Bubble. >> There's a steaks. >> Yeah, there's couple of steaks. Not great. Wait till she opens it and we'll close it. >> We're going to open this. There's still a outstanding two outstanding issues.

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>> Right. So that may be continued too. >> And also uh you might want to uh >> we should open it anyway. >> Yes. Find a file here. >> The last name is Hunt. >> Yeah. Okay. Hunt for it.

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You didn't know we had a comedian on the board, huh? >> Oh, we're all funny. Okay. >> So, this is um application 3226. Amanda N. Hunt has applied to the Falma zoning

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board of appeals for a special permit to section sections 240 10.2A and 240 11.3A4 of the Falma zoning bylaw to construct additions to the first floor plus the second floor addition exceeding 20% lot

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coverage by structure. The property is located at 227 Edgewater Drive West in East Balmouth, Massachusetts. That's Sea Coast Shores. The um property is located in an RC

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zoning district. The flood zones that are applicable are VE14 and AE13. The lot is 8,954 square ft in the zoning district which currently requires a minimum of 40,000 square ft. The street frontage is 70 ft

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according to the plan in a zoning district currently requiring 100. The existing uh house is 1,298 square feet. It's a single family house. Proposal is for 1934 square ft. Again, a single family house.

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Um lot coverage by structure is oh, excuse me. Um Edgewater Drive West shows as a public rightway. Lock coverage by structure exists at 14.5% would be increased to 22%. The limit of the zoning bylaw is 20%. So they need a

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special permit to exceed the 20%. We can go up to a maximum of 25%. Lot coverage by structure is 18.1% would be increased to 25.6%. The zoning bylaw limit is 40%. So they will be within the limit. Um the

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nonconformities on the property u the setback from the street is 10.6 ft and the setback um to the south is 8.6 6 feet which is again beneath the 10 ft of the zoning bylaw. The existing height of

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the building is 33 feet 4 and 78 in. We have referrals from the engineering department uh where they've asked us to apply the storm water regulations so that all storm water ret is remained on the property and not onto a budding property

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or the public way. The board of health has advised us that this is a nitrogen regulated area and their review of the septic system is pending. The conservation commission has advised us that their hearing will be 7:15 July 15,

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2026 and has not been completed. In the record, we have five letters in support and one letter of I consider it either to be concern or oppositions. Not quite sure. I'm sorry. Were you asking me, Frank, or were you

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>> No. Okay. >> Go ahead, Brian. >> Madam Chair. >> Oh, go ahead. >> Before we start, uh, the property isn't properly staked. Uh, the, um, stakes appear to be removed in order to make, uh, room for the, uh, boat trailers,

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um, in the yard, but, as I say, it's it's not properly staked according to our, uh, requirements. Well, since we're not we're I'm I'm not going to vote tonight because it's still got an outstanding vote of health and outstanding. >> Yeah. Well, it's just uh

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>> just to let just a note to them so when they do come back uh we can return and look at the proper >> I think we should open and >> I'm not offended by that because it's going to be continued. But uh >> so state please. >> Thank you. Uh madam chairman, members of

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the board for the record my name is Brian Wall. I'm an attorney. I have an office in Sandwich and I am representing the applicant tonight. Um, Amanda Hunt who is with me uh in the audience. Um, just as regarding the staking, my my client is aware of that. She thought

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that the conservation stakes were the zoning stakes, but they're not. So, if we have to continue for that and other reasons, we we'll be happy to do that. Um, I have the pleasure of doing this kind of work in towns other than Falmouth. And so, after Mr. Duffy read

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all of that detail. Other other towns don't >> job. >> Yeah. So, what I'm going to do is rather than give a a detailed background, I'm going to go right into what the project is. >> Dig right in. >> And um and I think the easiest way for me to do that is to really focus on the

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plan in this particular project. So, my client um her family has owned this property since 1959 and she is now at a station in life where she can afford to do some improvements to what is currently a rather modest size house. So, what is

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there is shown on the plan in this tan location. There's a modest size uh singlestory uh ranch style home that has a walkout basement. And so the house currently has five bedrooms. The proposal is to go to

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five bedrooms. So there'll be no increase. Um at the front of the house, there's also an existing deck that sticks out to about this point here. So that setback, as Mr. Duffy read, is 10.6 where 25 is required. So that's

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non-conforming. The project will involve removing that deck and set of steps and replacing it with a smaller deck that's shown in this darker color and it's 8 ft by 14 and it has two steps that go down

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and so the new setback will be 13.1. So we're improving the pre-existing non-conforming setback in the front going around counterclockwise to the north. The proposal is to add an addition. It is in the flood zone. You can see

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this blue line that comes right through kind of the diagonally through the house. Um, so the proposed addition here in this section that I'm pointing to is 20.5 ft by 14.4 and that is proposed on

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a slab that will have a finished floor elevation of 19 which is obviously above the flood plane. There'll be an addition added onto that on top of that slab and then a second story as well. And then moving back this next section,

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I'm going to outline it as this rectangle here. Currently, there's a jog in the existing house. So the next part of the addition and renovation is to add another section of the house here. This

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is in the flood plane. So this section will be on pilings. um this back section here. Um and again, there'll be a second story on top of that. And then behind that, so again, I'm going into rectangles and squares. Obviously, this

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will all be part of the same part of the house and the same floor, but here here's a slab and here is on pilings. And then behind that to the rear, there's going to be a deck with some stairs down below. And the reason why the deck is not squared off is because

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of conservation rules. Um there was a setback to a coastal bank that had to be met. Um so that's the project. Uh the house will be renovated and um I can show you what the house designs will

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look like. Currently this is what the house looks like now. And what's proposed is a colonial type of house here.

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It does meet the height requirements. And I'm going to now get into more of the zoning issues. So what the proposed project does, let me go back to the site plan. I me I meant to mention the setbacks as I went around. I started with the front.

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So the front is being improved um slightly. The side setback will be compliant. It will be more than 10 feet. The rear is is easily compliant with the 10 foot requirement. And the side, the

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southerntherly side is existing at 9.6 and that is not changing. So we have a nonconformity to the south side that's pre-existing and not changing. We're improving the front. We're complying with the other two sides. It complies with the height and story requirements.

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The project includes a new title five system. At least that's what the applicant wants to propose. The application is currently pending before the board of health and there's a hearing on the 21st 20th 20th of July. Um

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the existing lot coverage as far as structure is concerned is 14.5%. The proposed is 21.6. What's allowed by right is 20 but as Mr. Duffy mentioned the board does have authority under special permit granting

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authority to go up to 25%. The lot coverage as far as structures, parking and paving is 18.1 and the proposal is to go to 25.2. So although the project is above the 20% by right, it's still well within and

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well under the allowable 40% and that's why we would ask the board to consider granting the increase. As far as structure is concerned, there is an existing driveway um and that driveway will remain. It's in front of um where the proposed addition is and there is

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room for two cars to park there. In fact, my client tells me that if it's a smaller car, there's room for three, but the zoning bylaw requires two. So, it's compliant with um parking. So, as the board is well familiar, under

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uh 240-10.2A, the board has authority to grant special permits for projects such as this, so long as the project um does not increase the non-conforming nature of the structure, which this does not, and so long as it's not substantially more

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detrimental to the neighborhood. One of the things that my client did on her own and submitted it to to the board was conducted a study using assessing records of the lot coverages in the area. And this should

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be part of your package. And we would suggest that if you look at the neighborhood and the the figures that are stated there, this project falls well within the neighborhood norms. And in fact, the neighborhood norm for lot

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coverage for structure is actually 25.4. And so we're actually under the average for the neighborhood. Um, when considering whether or not the project is substantially more detrimental to the neighborhood or not, your bylaw provides

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several criteria in section 240-12.1E. And I'm just going to briefly go through uh the ones that are relevant. The [clears throat] first is the adequacy of the site in terms of size of for the proposed use. Kind of covered that with

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the lot coverage. We are seeking 21.6 for structure. Um it is within the 25% the board is allowed to grant by special permit and again well under the 40% for the overall lot coverage. Suitability of the site for the proposed use. The site

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has been a single family house with five bedrooms since 1959. And the proposal is essentially to have the same thing, a single family home with five bedrooms. Impact on traffic flow and safety. We would suggest that there's no impact. There's no increase in the number of

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bedrooms. There's no increase in the intensity of the use of the property. Impact on neighborhood visual character, including views and vistas. The proposed project will definitely result in a larger and a taller home, but as I've suggested, it's still very consistent

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with the neighborhood. And it does improve the front yard setback and it complies with the sideyard setback on the north and the nonconformity is very minor on the south, less than half a foot, and that [clears throat] is not

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changing in any way. adequacy of sewage disposal, source of water and drainage. As mentioned, the proposal is to have a new title five septic system that is pending before the board of health. We hope to have that approval by the next time we appear before the board. Adequacy of utilities

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and other public services that it's an existing home already. So, those those are all there. The effect of the proposed project on the supply of affordable housing, the project is neutral. it it doesn't help that problem with affordable housing, but it doesn't hurt it either. It's just an addition to

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an existing home. The next criteria is not applicable. The planning board um decision under 240 12.2. And the last criteria you have is um compliance with applicable sections of the bylaw, including 240 13.1, 14.1, and 14.3.

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14.1 is parking. The parking is adequate. It complies with your bylaw. Um and the other two sections landscaping and site design are not applicable because this is a single family home and those are for commercial projects. So on balance we would suggest to you that um this project is not

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substantially more detrimental to the neighborhood and is worthy of approval. There are also um some nonzoning improvements. This is in conservation jurisdiction. So, um there are some requirements for dry wells to be installed that are shown on the plan in

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this area up here in the north. There will also be 444 square ft of native plantings uh under conservation rules planted here. So, that that's also a nonzoning improvement. And that's the project. We're happy to answer any questions. My

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client is here and she's very more much more familiar with the project than me, so she can answer questions as well. And we will ask for a continuence because of the board of health issue as the chair said >> and concom >> and concom correct >> and stakes.

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>> And stakes, Mr. Fer. Absolutely. It's >> the trifecta. >> Do you want to start down that end? >> Do you want to start down that end with questions? >> Uh, honestly, I don't have any questions. I mean, it's it it's uh >> nice. Anybody who looked at the place, let alone peek in the windows like I

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did, [laughter] uh, can see that it's it's long overdue. And, uh, I honestly think it's a a nice job and it it's [snorts] fits in with the direction the neighborhood's going. And, uh,

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>> God bless you. >> That's right. >> That was him. Wasn't [laughter] me. Scott, do you have any questions? >> Uh, I agree with uh Mr. Fineran. It's It's a very nice upgrade. I I really wish you'd put the IIA system in. Um,

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we're getting pretty close to uh the AE zone here. You're only about 40t away. Everything's in the back. I would think that the migration of the water is is that way, but I'll defer to uh the board of health on that. and uh

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we'll await Concom's notes. But uh good luck. Thank you. >> Thank you, >> Frank. >> I I too uh have the comments I um the staking issue, but I'm awaiting the concom and the board of health decisions. But we got a letter today

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which raises an issue that concerns me. Um it's from a neighbor saying uh did you see the letter today from >> is is that the one that um >> Gilfoil? >> Yes, I think I'll read it. All right.

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This property has a dock that is rented out to at least two large boats requiring multiple additional parking spaces. Now, I know that on the conservation commission when they issue an order of condition for docks, they often put in there, it's for your own

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use. >> Yes. And >> and and you have an answer for this? >> We 100% do not rent the dock. >> Yeah. That's not correct. >> That's not correct. >> Yep. And my uncle uses the dock when he was just moving a boat and then my neighbor used the dock one day and that's it. And you guys could go there

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and look at the dock at any time and it's not rented because it's a huge liability. >> Well, not supposed to be rented. That's why I was upset when I read this because I know it's not allowed. >> Yeah. Right. >> Yep. And I do not rent the dock >> and it's not a sevenbedroom house either. So that's

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>> another inaccuracy. >> All right. Well, fine. It's a fair to raise the question. >> Yeah. No, no. I'm just pointing out that that's not the only inaccuracy. >> I meant to address that in my affirmative presentation. And just to add to what my client said, Mr. Duffy, is when her she said her uncle used the dock or the neighbor, I'm sorry, the neighbor the neighbor has my neighbor.

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>> Yeah. The neighbor has a moing right nearby and so the neighbor came in and used the dock to load up the boat to go to the island. He loads it multiple times. Yeah. And I have cameras [clears throat] on the dock and I could I could even show you just to prove like

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the time lapse because it faces the dock 247. >> But a private dock should not be used for commercial purposes. >> Yeah. Right. >> Okay. Yeah. Correct. >> 100%. >> All right. That's it. You're good. >> Can you show me where parking is? >> Yes.

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So all right here, >> Brian, everyone's doing your job for you. [laughter] You're getting off light. >> So all right here is parking. So you can technically like our like >> Okay. Around that corner. Okay. >> Yes. So all right to the right side of the deck.

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>> Okay. >> He hides his car. [laughter] >> I could park three cars there easy. All right, that's all I have. >> Okay, >> Jim, >> very nice project. Obviously needs update. It's time. Uh, you're checking off all the right boxes in terms of

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improvements of the nonconformities. Um, I share the concern about nitrogen. It's one of the criteria that we have according to your plans from Cape Engineering. It it's in the found with nitrogen regulated area, but I'll defer to the board of health's determination. I do have a question. If they require an IIA system, is that going to require

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reconfigurement of these plans or change anything? No, they would stay the same because it already has the space in the middle of it for >> they're just going to use the reserve spot that's marked in the plan. >> Yep. So, the plans would stay exactly the same. >> Okay. Thank you very much. >> Tony, you have anything? >> I think it's an outstanding project and

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I think the uh denitrification system is warranted for this place. >> It's not saving, right? [laughter] >> Nick, do you have a big thing? >> I have another question. >> I have another comment. Uh not directly

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to you, Brian, but to your engineer. >> Sure. >> This plan is just got all kinds of It's just cluttered. >> Yeah. >> Uh with with detail. It's impossible to read. >> Yeah. >> Um I I just pass that on. I It's just very annoying to have to read this.

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>> And I agree with Mr. Duffy. I read plans all the time. It's almost impossible to read. >> Yeah. >> Well, I've seen others just in the departments and this one's definitely was harder to learn and look at. We have I [laughter] have to use a magnifying thing. >> Yeah, >> I brought the bigger ones just in case because I needed the bigger ones just to

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look at. So, [laughter] >> so difficult for us. >> Yeah, >> my vision has gotten 50% worse since I took this job. >> The public. Okay. >> Anybody from the public want to comment on this project? Come on up, sir.

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>> We need your name and address, please. >> Joe, 226. >> You got to say it into the uh microphone so all your fans at home can hear you. >> Joe Bournestein 2 226 Edgewater Drive West directly across the street.

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>> This house is on a hill. >> Okay. It's also next to a house that's being used as a uh short-term rental. So, we have a parking problem down there. As a matter of fact, she's telling you

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that somebody just loaded her boat up. Well, there was a car parked on the street partially on her property yesterday that I called the police and to to get it towed because that's there's a 20 foot wide paved area and

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the town says 10 ft neither direction. So if you got a car parked partially on the street, it's within the 20 ft. Okay. And I had to call the police yesterday. So it's not somebody just dropping on loading their boat up and

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going. The car was there for a couple hours. I was up and had my breakfast and stuff and it was still there. I finally got around to calling the police and before they got there, the guy jumped in his car. Okay, there's parking. When when this

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project gets finished, there's going to be parking for two cars. I've had a constant problem with people using the dock. I don't know if they're renting or they're just using, but they are you they're using the dock and they're parking their cars anywhere they feel

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like it. And two cars space is not enough parking for the size of the seven room house that sevenbedroom house they're building. Look at the plan. There's five bedrooms listed. There's an exercise

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room and an office, which means I think she's running a business out of the house, too. Okay. And the comment I have is if it looks like a duck, it quacks like a duck, it is a duck. So, it's seven bedrooms.

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>> Okay. >> And my other question is, what's going to happen with the property once she gets it completed? gonna be sold to somebody who's gonna try to turn it into a short-term rental. >> She can do anything she wants. >> You told me it was full-time use. Then

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you told me it was a summer house. Okay. So, somebody's got to make up their mind what it is. >> Okay. >> Okay. Thank you. >> Thank you. >> And may one other thing. >> The water out behind it is filthy. It needs a DITE system.

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>> Thank you, sir. Anybody else want to comment on this project? Come on up. Name and address, please. >> Rita Foster, 234 Edgewater Drive West. I live next to him. Uh, [sighs] trying to keep my cool, but

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Joe is the type of neighbor that no one wants next to them. >> Let's stick to the neighbor. >> Okay. Yeah, but this is this is part of the problem. Nobody else near the house has a problem

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with it. We don't have a problem in the neighborhood. We don't have a problem on the street. Very rarely do people park on the street. Um somehow he managed to get the DPW

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to put no parking tow signs on Edgewater Drive West. They're nowhere else. They're in front of his house, in front of her house

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on on um Newton Street on the side. And he it's just it's frustrating. And I think this will definitely improve the area. I mean, many of us have been there. I've been on

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here 26 years. So, please approve it. Thank you. >> Thank you. >> Anybody else? Come on up. >> Let's be nice. We don't like neighbors battling now. >> I went to the town. I had a problem. 223

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is being used as a short-term rental. Okay. It's a fourbedroom house and they advertise it as sleeping 11 people. Okay. When I come out in the morning and there's cars parked along my um along my lawn on the side of the house, my

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landscaper shows up to cut the grass and there's cars there. You go over and it there's nobody there. They just left the cars. Okay. He's parking on his front lawn now because he can't park in the intersection that's in front of his house. 223 is at the end of Newton Road

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directly. You come down Newton Road, you can see it. There's an intersection. The >> We're here for her house, not for any other. >> Well, I'm just commenting on on the last one. The reason the reason for the signs. Okay. There's a parking problem

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down there. Plain and simple. >> Okay. Thank you. Anybody else? >> Go ahead. Name and address, please. >> My name is Mary Schw and my family has the house at 207 Edgewater Drive. Um,

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and I walk by the house every day practically and there's hardly any cars in that driveway. Um, I know it's going to be a family home. It's been in our family for ever and it's going to stay that way. Um, so his concern about selling it I think is not um,

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appropriate. So, I'm not really good at speaking in public. And then I saw um, me renting the dock. I don't think the the dock is vented at all. There's not boats there once in a while, but there's not cars there. Enough to be a rental dock

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because there' be cars coming and going all the time. And I go, you know, I walk down the street all the time. >> Sorry. >> What was your name? >> Mary Schroth. >> The last name. >> S C H R O T H. My family has a house at 207. I do not live there. I'm just

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visiting. >> Okay. Thank you. >> Thank you. >> Anyone else? So I'll accept a motion from anybody or I'll make the mo you want to >> I was just going to clarify is u council is uh continuence to August 6th 86 going to be enough time to get through concom

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and anything else that's outstanding I >> I think so Mr. Didn't you say Hong Kong was um No, Board of Health was 88. >> It's going July 20th is the board of health and the conservation is July 22. >> Okay. So, good. >> So, I think that would I just want to your deadline for submission of new

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material is a week before. >> Yes. >> Mhm. >> That that that will work. >> Okay. >> Let me just double check I'm available. >> All right. You're going to abide by our deadline. >> Very nice. >> We appreciate that. >> Yeah. We're not used to that. >> You spoiling us. So 86. [laughter]

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>> Yeah. >> Do you have a >> subject to if that's all right with the Apple? Yeah. I'll make a motion to continue 03226 227 Edgewater Drive West to August 6th. >> Yes. That would be terrific. >> We have a motion and a second. Guys, all set to vote. All those in favor?

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>> I oppose? None. >> Let's staking one week ahead. >> Yes. >> Oh, staking one week ahead, too. >> Yes. Well, now I'll make sure that happens. >> Take care of it. and I won't just >> All right, great. >> Thank you very much. >> Thanks. >> Pleasure seeing everybody. Peace.

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>> Continuing everything. >> Yep. >> And next at bat we have um 03526 65 Harrington Street and Ticket. >> Okay. >> We have application 3526

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Arthur W. Carol R. Mcccleintoch trustees. They've applied to the zoning board of appeals for a special permit pursuant to section 240.2A and 240 11.3A4 of the Salmon zoning bylaw to remove the existing screen porch and

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deck and construct an addition increasing lot coverage by structure. The properties located at 65 Harrington Street in Ticket, which is the Marava Vista section of Falmouth. Properties in an RC zoning district. It's in the great pond coastal pond

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overlay district. Um the existing structure is 1955 square feet. The proposal is to increase it to 21 2,121 square ft. The previous zoning decision

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of record decision 20 of 2016. Um they were granted a special permit to construct the screen porch, deck, and second floor um to the existing non-conforming single family dwelling.

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The lot is 9,600 square ft in a zoning district which currently requires 40,000 square ft. There's 120 ft of frontage in a zoning district that currently requires a 100 uh feet. So it complies. Arrington Street at this location has

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been identified as a public um right of way lot coverage by structure the existing is 20.4 the it will be increased to 22.1 the limit is 20 so they're already over the uh lot coverage by structure but by

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special permit we can allow up to 25%. The neighborhood average is 21.2%. Lot coverage by structure parking and paving is 37.0% 0% will be increased to 38.7. The limit is 40. Um as far as setbacks

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uh are concerned, we have a nonconformity. Um the street to the north is 19.4 requiring 25 ft. Um the other uh setbacks are conformed. The height of

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the existing structure is 25t 7 and 1/4 in. We have referrals from engineering storm water runoff to be considered so that the storm water stays on the lot does not run off onto the street or reuting property. They've asked us to condition the project with the erosion

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and sediment controls if we approve. The board of health has advised us the property's on the sewer but it's in a nitrogen sensitive area and I noted no um letters in the file. >> Take it away. >> Hey, good evening for the record. Zach Basinski, professional engineer, Bracken

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Engineering. We're here this evening on behalf of the McClinttos, Art and Carol. As mentioned, this is 65 Harrington. Um, they are looking to remove the existing uh threeseason porch and the associated deck on the right hand side of the property and then replace it with a new

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444 square foot uh living room addition onto the side of the house. As mentioned, pre-existing non-conforming structure. Uh this house was previously reviewed under application o uh 020-16. At that time the house was granted um

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permission to be increased from a two-bedroom to a fourbedroom and then maintained all the setbacks on the lot. As mentioned it's pre pre-existing non-conforming on the front yard setback. The proposed addition uh honors all the setbacks doesn't increase any nonconformities on the lot. Uh we are

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showing the erosion control um the dashed line here on the side with the dry well to uh recharge any increase in storm water associated with the slight increase of the structure. So as mentioned the existing um uh structure

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coverage is 20.4. We're requesting 166 additional square feet which would bring it up to 22.1. As mentioned the average for the neighborhood is 21.2. uh on-site parking is uh being maintained with the existing driveway and existing garage. So, uh no impacts

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to traffic. Uh we believe the project's been designed in harmony with the neighborhood. And again, as mentioned, uh no impacts to existing utilities currently serviced by town water and town sewer and at the maximum four bedrooms for the neighborhood. So, we

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believe uh the project is not any substantially any more detrimental than what currently exists on the lot. And I'll turn it back over. Sounds good. Let's switch it up and start down this end. >> Nick, >> I'm good. >> Tony, >> uh, quick question on the proposed uh,

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addition. What is the, uh, distance to the front of the lot on the new addition? >> Uh, about 27 ft from the front face. Uh, >> just to put it in the record, about or >> 27 ft. >> 27 ft. >> Thank you. That was my question. Y, >> Jim, >> no questions. Thank you.

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>> I have a quick one. The stairs that are on the proposed addition Are those included in your structure in your >> Yes. >> Because it doesn't say anything like what size they are or it doesn't say anything on here.

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>> And if I can zoom in on this. >> It's only like two steps, right? Two, three steps. Yeah. >> Say they're one foot by 6 and 1/2 ft wide. >> 6 and 1/2 ft wide. >> Yep. One by six and a half. Um we did receive uh email from staff. The building inspector is asking us to um

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put a landing onto this on the back >> road. Yeah. >> Yeah. By code. So it would actually increase our request up to 21 sorry 22.3%. With a 4x6 >> that's what I was wondering if I didn't think it was in your calcs. >> The steps are but not the landing the

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the extra landing that came out of staff. So it would be an extra six uh 26 square feet. So it would bring the lot coverage up to 22.3%. >> Okay. So, we got that's a different Everybody's got that 22.3.

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>> That's all I have. Frank, do you have anything? >> Uh, you're just out of the flood zone as I see from your plan here. All right. So, >> but you're in the coastal pond overlay district. >> Yep. In the great pond and little pond. >> Have a sewer on the property.

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>> Correct. >> All right. Thank you. Can you pull up the elevations >> that you have >> just for the people at home and >> hand to the chair to me who can't see them? >> Okay. >> So, front view. So, this is the proposed

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addition right there. So, single story roof deck on top of it. Very similar to what's there today. Let me open up the other one. >> Kind of had that 3D rendering which was kind of nice, but okay, that's fine. I think I have it in this one right here.

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>> It's a good looking house. >> So, that's the rear. >> You're close. >> Rear elevation. >> What's the height? >> It's very nice. Thank you. >> Uh the existing height on the existing structure was >> No. What's the What's the height going to be when you're done? >> Uh it's existing. It's less than what's

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there today cuz it's only a single story with a roof deck on top of it. >> 13t 8 in. >> Okay. on the addition. >> on the addition. >> Looks looks nice. Thank you very much. >> Thank you, >> Mark. >> No, I'm good. It's modest addition. Uh,

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obviously it fits and falls within the parameters and, uh, >> it's very nice property, wellmaintained. >> Um, enjoy it. >> There you go. Does anybody from the public want to comment on this project? Anybody have any further questions up

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here? >> No. Mark, what are you thinking? >> I thinking we should close and think about getting out of here soon. >> We have a motion to close in a second. >> Any Are you all set? >> I'm okay. Everybody's all set. >> Y motion.

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>> All those in favor? I oppose? None. >> Motion to approve with conditions. >> Motion to approve with conditions. >> Frank, >> conditions. >> Okay. They >> second the motion before we get the conditions. >> Oh, thank you. >> They've applied for a special permit under section 2410.2A 2A and 241.3A4

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the Palmer zoning bylaw to remove a porch, deck, and construct an addition increasing lot coverage by structure over 20%. Uh they're already over 20%. But under section 240.2A, 2A, which

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controls alterations to non-performing single family dwellings. We may grant a special permit upon a finding that the proposed alteration will not substantially be more detrimental to the neighborhood than the existing structure. And we so find under section

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uh 240 11.3A4 in a residential CRC district lot coverage by structure in excess of 20% may be allowed by special permit of the ZBA up to a maximum of 25%. We must consider the size and height of

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the proposed structure relative to the size and height of other structures in the neighborhood. and we >> uh note that it it conforms to the uh neighborhood to the other structures in the neighborhood. We have no evidence that

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there's shadows affecting adjacent property. Uh we have no evidence that there is negative impacts on views and vistas from public ways and because the property is located on the sewer, we can find that there's um

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no effect of nitrogen on coastalments. So under section 240 12.1E of the Fment zoning bylaw which governs special permits generally um we conclude that this project will not have adverse effects which overbalance the beneficial effects on

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neither the neighborhood or the town. The site is adequate for the proposed use. The site is suitable for the proposed use. There's no impact negative impact on traffic flow and safety. There's no negative impact on neighborhood visual character views or vistas. There's adequate sewage disposal

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by as evidenced by the sewer there's adequate utilities uh and there's no negative impact on the supply of affordable housing. >> Frank, do we add to the findings that he he corrected his calcs? >> Is that in findings? >> So do

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>> the 22.3 from 22.1 is that would be in findings, right? >> Yeah. Okay, we'll we'll add that. Yeah. >> And I would also add that the addition has a 27 foot front uh distance to the front. >> Okay. All right. Findings now conditions.

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Uh, no further no other structures on the property. Her plans, >> work hours. >> Work hours. Do you have all those? >> Um, oh, the assessor wanted you to did you read that in the assessor in the file? >> Oh, they have a standard um Yeah, that

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that you check to make sure you're properly numbered. >> Yeah. Um, >> any other any other >> any additional border referrals that we didn't reference? >> No, >> I only had two. >> No, that's Yeah, there wasn't much.

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>> Can you think of any other conditions? Dorine, >> you might have to >> erosion the the engineering they've asked that we impose erosion and sediment control. >> Oh, okay. >> Yeah. Storm water on site.

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And you may have to use police for keeping all the trucks and equipment on property. >> We can coordinate >> if you need to >> with the builder. Yep. >> Anybody have any other conditions? >> No. >> Think we're good, Norin? >> All right, let's vote. >> All those in favor?

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>> I >> oppose? None. >> Thank you very much. >> Yeah, enjoy. >> All right, moving on. Glasses needed. Um, let's see. Are we doing any minutes? >> June 18th.

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>> I'll make a motion. Um, is everybody looked at June 18th? >> Y. >> I'll make a motion to approve the minutes of June 18th. >> Second that. >> I have a motion to second from Mark. All those in favor? >> I none. >> Reorganization. >> Oh my goodness.

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>> Are we taking that up tonight? >> Doing that tonight. >> Yes. >> On the agenda. >> Look at Norine. >> Okay. Um, >> Madame Chair, >> I make a motion we make it easy and >> continue

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with the board as >> comprised currently. >> Second. >> Is everybody okay? Any comments? >> Does Well, I have to ask I I appreciate that too. Does anybody else want to do

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something else? >> Anybody else want to take on a position? I can't. Neither can Nick. >> Nick says yes. [laughter] Well, we can't anyway. >> I'm all set. >> I'm fine. >> I I think it works great. >> To make sure that nobody else want to do something. >> Good ask. >> So, all three of you are comfortable in

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your current roles and would like to stay. >> Good. >> Outstanding. Okay. >> Great. >> Great for us. >> You have to vote. >> Uh, >> all board votes. >> All board. >> Everybody. >> Yeah. >> Is there a motion to keep the board the same as it is >> right now? >> Right now. I made that.

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>> All those in favor? I. Did I get a second? I need a second. >> Second. >> All those in favor? I got >> congratulations. >> Excellent. Yeah. To all >> keep it rolling. >> Board discussion. >> Did you want to bring up that meeting?

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>> Uh it might be worth mentioning one more time just given the short amount of time. So, um, there's a public information meeting about the town of Felmouth's ocean project scheduled for next

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Wednesday, July 15th, from 6:30 to 8:00 p.m. at the Felmouth High School auditorium. Um they're inviting everyone who's interested to attend with any questions or information about the outfall project.

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>> The outhouse pipe. >> That's the one I read, isn't it? You were going to read the [clears throat] the pool side. >> Maybe they should ask some people from Virginia to attend. >> Yeah. Oh, the other one >> that t Tuesday and Wednesday thing or

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something. >> We have to go to that one, right? >> So, the town is sponsoring >> Yeah. >> a um 1-hour information session on open meeting law,

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public records, consultants training. Uh they have options for July 15th or July 21st. This is for board members, not the public. Um at 5:30 p.m. for training.

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>> Uh so the first one >> July 15 >> 15th >> which is a Wednesday at 5:30 and it would be here in this room or Tuesday July 21st at 5:30 again in this room. Um, we also recognize obviously that the

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board has meetings virtually every week. So, you know, this may be something that you can accommodate your schedule and we can certainly inquire if they're going to tape the session or something. If somebody can't make it,

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>> is the training a mandatory or do we get points for going? >> You always get points. Um, >> we never get a raise. >> I didn't think I'd have. It's a good refresher, I guess, you know, and there's obviously new board members that

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join periodically. So, you know, it's just um a good way to make sure that everybody's understanding the details. All right, board updates. Like I said, buckle up. Future agenda

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items? None. We're all set. And our next meeting is it July 16th at 6 PM. >> Yay. >> Mark >> 9 past 7. I motion we adjourn. Madam chair. >> Yeah. >> Second. >> We have a motion in the second.

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>> That's next week. [laughter] >> Good thing we started early. >> Bring them all. We'll talk about open. Yeah.