[music] >> Mhm. >> Okay, welcome to the Zoning Board of Appeals meeting. Please silence all cell phones and note that this meeting is being taped by FCTV. If there's any private party recording this hearing, step up to the podium to request permission.
I'll introduce the board and no staff. On my far right is Scott Peterson, to my closest right is Frank Duffy the clerk. My name Susan Murphy the chair, to my left is James Morse the vice chair. And two associates, one is Tony Pertucci and Nick Kenny. And that's all we have here here
tonight. The Zoning Board of Appeals is charged with applying the state zoning statutes as well as the town town zoning bylaws and reviewing and voting on applications. All decisions [clears throat] are made through the public hearing process. Our goal is to hear testimony from the applicants
and allow a full and fair discussion of the project prior to closing the hearing and reaching a decision. Number one, to begin each hearing the clerk will read the public announcement for the hearing and read pertinent information from the file. Two, the applicant or the applicant's representative will then have 15 minutes
to make a presentation, but time may be extended by a vote of the board. Three, the board will then question the applicant. Four, the public will then be invited to comment. Comments should be limited to two minutes and be strictly strictly related to the proposal. All members of the public wishing to speak should wait
to be recognized by the chair and should come to the podium. State your name and address for the record. [clears throat] Please speak into the mic and it will not amplify your voice, but will record audio for FCTV FCTV viewers. If there's anybody that wants to make a
comment a public comment before we start but not with anything on our agenda, you're welcome to come up. And if not, I will You want to read those? >> Sure. Uh madam chairman, if I may through you, uh we've had two requests for continuations. I would ask if we could take those out of order.
>> Please. >> Uh under new hearings, we've had a request for a continuance on 02926 Mello 19 Maple Street, East Falmouth, requesting a special permit to raise and rebuild the existing non-conforming single-family dwelling and increasing lot coverage by structures.
The request is to move to July 23rd, 7:23. So, I'll make a motion to continue that to July 23rd. >> We have a motion and a second by Scott. Any discussion? All those in favor? Aye. Opposed? None.
So, you guys are alternating? >> Right. >> Yeah, you're alternating. Yeah. >> Uh the second request for continuation, Madam Chairman, is under continuations of hearings 08325 Voci, v.o.c.c.i., 391 Courier Road, East
Falmouth, requesting a special permit to allow boat storage. The request is continued to August 6th, 8:06. So, I'll make that motion, Madam Chairman. >> We have a motion and I'll second. Any discussion? All those in favor? >> Aye.
>> Opposed? None. >> Suzanne, just sorry. Just wanted to confirm the dates. Was that accurate? July 23rd and August 6th? Do we have those? >> No. August 20 August 6th, yeah. >> August 6th? >> Yeah. >> Uh that's on
Voci and July 23rd on Mello. >> Correct. Thank you. Thank you. And then >> You're at bat. Now, we will do Broken Bow. A 40B, which is a contin which has already been opened.
And the applicant is here to refresh us. >> Good evening, Nick Marioni for the record, representing the applicant, Broken Bow LLC. It's to get more refamiliarize ourselves with this project. It's 12 units of condominium for sale units.
They're all three-bedroom, two-bath units, full basements with access to the basement from inside. There >> [clears throat] >> This is the the site plan. It also shows the um the drainage on this on this sheet.
Grading and drainage. So, we're picking up the drainage on the road, which has been a uh unbroken bow, which has been an issue since we started this. Picking it up and managing it, bringing it into our detention basin, which has been sized to handle it. So, it comes from
the road here. We're picking that up. Bringing it to manhole here. Bringing it over here to leaching catch basins. And any overflow to the catch basins flows out into the detention pond. >> Okay. >> We've previously been asked to uh have
uh this looked at as a possible wetland. It's been brought up as an issue. The Conservation Commission and private consultants have weighed in that it's not There were no wetlands vegetations out here. So, we we don't have any wetlands issues. We're town sewer. We're not going to build the
project till the sewer's available to us. And they'll all be on um grinder pumps force main to uh Route 28. >> Each unit Each duplex has two grinder units?
>> Each unit should have its own. >> Okay. >> Each unit should have its own grinder pump. >> Okay. >> And we're setting up our condo docs to uh reserve for the whatever the fee determined to be for the town for the betterment. >> Okay. >> So,
>> I'm Excuse me, Madam Chair. Could I ask you to just repeat that? What are What are you doing about the reserving? >> We're We're setting up in our condominium documents as we prepare our budget besides all the other reserves for the instead of a septic reserve, we're doing
a sewer reserve for the betterment fee. So, that each we're going to assume that it's going to be around $22,000 each and it's going to be figured out over 20 years. And we're going to budget each month to cover that. If they want to pay it off sooner and borrow the money and pay the
the debt service, that's up to them. But, we're we're going to set it up prior to sale that way. And once the condos turned over them, they can change that. It's uh all electric. Heat pumps, heat neck uh heat neck condition is all electric.
It's two parking spaces per unit and we have um additional guest parking. I'll go to that sheet in 1 second. The um dumpsters are here. This area that used to be the leaching field is now sort of a
outside common area. Right right here. >> That the area that we're showing as a playground initially. >> it says uh proposed play area, but it's a open space. I don't know how big of a playground you're going to get out of it, but
it's it's a pretty secure area. It's not out on the road or anything, so it's and it got three bedrooms, so we are expecting kids. >> One of the comments in the engineering that we got from engineering was their concern about the the drainage coming
off that corner, that curve there, winding up in what is shown as the playground. >> We've managed that. We've managed the drainage to bring it as I was pointing out at the beginning. It's going to come in it's going to be caught in the street and catch in a
catch basin and manholes, piped into a manhole here to change directions over to our leaching over here. So, it shouldn't go over there. It's designed to not go over there. >> All right. >> Oh, um you were going to show the parking >> Yeah, I'm on that sheet now. The the
parking calculations here. Two spaces per unit. Um 24 spaces required. We're showing 32. So, we have eight uh guest parking spaces. >> Can you show me on there where they are? I don't see them on my plane.
>> You don't see the guest where you These are the parking spaces here. >> Oh, okay. >> And then in front of the buildings over here and here. And there you should be 32. There's numbers Let me I'll blow it up. There's numbers in front of them as to how many there are. >> Oh, okay.
>> 32. >> Which sheet What sheet is that? >> I'm I'm on >> Sheet three of sheet three of 11. That's what I have. >> This says five spaces here, five five five sheet three of >> Sorry.
>> What plan is this doing? >> Oh, let me look at Just going through my papers. Getting my notes ready. >> Got you. There is a lot of parking. Okay. >> Okay, it's in the lot coverage is on the on the plan. So, we have two entrances to the
project. We have easy dumpster pick up and radius to get out. There was when we filed it, there was a um fire engine turnaround or travel through uh plan that was attached to it.
>> The hydrant's up by the dumpsters, right? Uh we we No, there's There was a hydrant right at the beginning of the I'll blow it up so we can see it clearly.
We moved the hydrant that was right in in the road here. And we moved the hydrant There it is. Here's Here's the water lines. This is the We have a hydrant right here. >> Yeah. >> And we have a hydrant
moved that was by our entrance to this location. This is the removed hydrant. So, we have two two hydrants. One there and one here. >> Okay. >> Any other questions you want me to review on it?
>> No, anybody see the units start asking questions anybody or >> You want >> I Okay. I I I guess, you know, we've had a fair amount of time since last time we saw you and you had probably understood the abutter's issues. Have you had any
discussion with the abutters? >> Uh no, you know, I wasn't sure we were going to be spending this time back here, this quality time reviewing this. Um when if or when we were going to. So, no, I haven't, but I I do have uh answers to everything. There was some
miscommunication, misunderstanding, I think, on their part as to uh square footage versus lot coverage. I think the number they were throwing out was the square footage of the units versus what the first floor lot coverage
was. And um there's some covenant they were talking about. We're exempt from the covenant. There's a There's a document that specifically exempts this lot from it. >> And one of the abutters had requested a
traffic study. Had Has anything been >> This doesn't come anywhere near any thresholds for it, but >> Just wanted to ask question. >> [clears throat] >> But this this uh this covenant when the uh Brooke from Bow Residences subdivision
of VOUS created spec- specifically excluded lot one. And any future owners of lot one from it. It's It's really not clear about that. Can you read it from where you are? >> No.
Does Is there a copy of that in the file? I didn't see one. >> No. >> I I think you should send one. >> Yeah, I will. >> Please. >> Okay. Thanks. But this this was the covenant with the town. It says parcel one as shown on the subject plan
specifically exempt from this bond. And no responsibility or obligations under the terms of this bond shall attach or accrue to any subsequent owners. So. >> And there's an easement on this property, too, isn't there?
>> Oh. >> That's what engineering says. >> Yep. >> The drainage easement according to the engineering referral to drainage easement in the area where the playground is going to be. Has that been extinguished? >> Uh I don't see one on the on the title, and I have the title here.
>> You might have to check with engineering on that. Engineering specifically refers to >> Right. >> it. Through you, Madam Chairman. Don't want to put you on the spot about that this evening, Mr. Marioni, but I think we the board would definitely want an answer to the question though.
>> Okay. I'll do that. >> And don't forget to send that covenant to when you write your notes. >> I don't have any further questions. >> Frank? >> Well, I are we going to have peer review on this project? >> Yeah. Yeah. >> We're going to get to that.
>> Definitely. They they really strongly suggested that. >> Well, the engineering kept suggesting that we should do it. I wasn't sure where we were, but I do have a >> You don't have to say that. >> Quite This is a comment I think it comes from the engineering review that we already have, which is not the
definitive review of the project, but they comment that when the sewer is built, it will disturb Brokenbow Lane considerably. And they raise a question of what contributions you and your company may
do to help restore Brokenbow Lane. So, because we already know there are some problems with the entrance. Do you have any thoughts about that? >> I know we have we hadn't planned on anything. The town is running the sewer line down to us to a manhole that comes
right in front of our project. And I mean, we were very fortunate. The only reason we're getting the sewer is because when it was approved, anything that bordered Route 28 was going to be connected to the sewer. Had to be connected to the sewer. So, this parcel had to be connected to the sewer
if it was going to be built. So, because of the the town the state taking their portion of the front, Corner of Amy Lowe, they're running that line down the street and the design and putting the manhole there that we're going to pump into
that goes down to the to the force main down on on 28. And they're digging up the street to run the manhole down to where we are, so I assume they're patching the street. But I'll uh >> Just a question that was raised by the engineer. That's why I'm just passing it
on to you, so >> [clears throat] >> it may come up later in the peer review. >> Mhm. >> All right. That's it for now. >> Nick, I need you to put um when you come back, snow storage on the plan. >> Okay.
Yeah, we we've actually this it this plan says preliminary. We've been waiting for the peer review to be assigned to see if we're going forward, so >> we'll start gearing up for all that stuff quickly. >> where's the mailbox going to go? >> Uh the mailbox is right near the entrance. >> It's already on here? Okay, good.
>> on there. You see it on there? >> Yep. >> Okay. >> And then what about these um the bus stop thing? We need a little shed type unit. >> I I don't think the bus is coming down here. I think the bus is going to stop
at 28. I I don't know. I'll look into that. Okay, I if the bus is coming down the street, we'll put we'll have a place for them. >> So, those kids have to walk around that corner? >> I I don't know. I I'll I'll get an answer to that. >> that'd be good. Could you put the site plan back up when you get a chance, please? >> Sure.
>> Thank you. And then did you look at planning's referrals? >> I'm sorry. >> Have you looked at planning board's referrals? >> Yes, I did. >> Do you want me to go through it? >> You Sure. >> Cuz I I know a few of my board members
may want to put some of these things here, a a sidewalk. They strongly suggested a sidewalk. >> A sidewalk where were they suggesting that it goes in our in >> That's all they said is it's, you know, you got cars everywhere in here, so and you're you're you're bucking up the
kids here. You got >> sidewalks inside the development, right? I have to show >> like little ones in front of the buildings, right? I assume so. And then sheds, are we going to show sheds on the plan when you come back, too? >> Uh >> They got kids, they got bikes, they got all sorts of stuff.
>> They got basements. They got basements, yeah. >> But only from internal. >> Yeah. No, but the bulkheads. >> I thought he just said only internal. >> No, no. It's inside, too. >> Internal and external. >> I I'm not I wouldn't want my kid chucking his bike down the bulkhead. >> No, I would I would neither, but we'll
we'll we'll we'll probably won't give them a shed, but we'll show where they would go if they choose to buy them. We'll show them on the plan where they could go. Is that what you're looking for? >> So, the affordable people have to buy their own shed, too? >> Everybody would have to buy their own shed. It's not a part of the the house.
>> Oh, man. All right, Nick. Um let's see what else I have here. That's all I have for now. Go ahead, Jim. >> Uh so, I'll share the concern about storage. It's It was a specific referral from engineering. I think that it's uh
>> And planning, yeah. >> it shown on the plan, but I think that's not an unreasonable ask that those be included and or constructed. Uh thank you for clarification about the basements. Um I prefer full basements for storage and such, so on. Um are these units going to have attics as well?
>> I'll come to you. What was the first thing you said before the basement? >> Uh in terms of sheds. I don't think it's I don't think it's an unreasonable ask that a an 8x10 shed be included with each one of the the units, but that you know, if you can come up with a plan or at the minimum needs to show where that those could go. >> I will show where they should go. >> it should be included in the lot
calculations just so that >> [clears throat] >> we've got them. Um there was a referral again about the status I'm just kind of hitting again with what um Mr. Duffy said uh in terms of the status of the road. I would like a proposal uh as to what you're going to do to mitigate after the
sewer comes through. Uh there's going to be a lot of construction vehicles coming through. I don't think it's unreasonable to ask for I'm not necessarily asking that you pay for the entire resurfacing of the road, but uh perhaps working with other homeowners to come up with a plan about what's going to happen after the sewer goes in.
There was a referral about the detention area for drainage. Are you going to fence that off? >> Hadn't planned on it. It doesn't hold water. It's You got kids? >> There was a concern based on engineering that, you know, it becomes an attractive nuisance for kids.
You might want to think about fencing the area off. Or at least addressing it in a later presentation. Once the sewer goes in, what is going to be So, we've got six
duplex units. Each duplex has its own grinder pump. >> Yes. >> Who is responsible for maintaining the grinder pump in the event of maintenance or failure? >> Each unit owner would be. >> Okay. So, are you going to Are the condo docs going to essentially create Say,
"Okay, so building one, unit one and two are responsible for that grinder pump." It's going to be very specific in the condo docs. >> Unit one would be responsible for theirs. Unit one A1 would be responsible for theirs. A2 would be responsible for theirs. >> So, I'm just want to be clear. So, 12
units, 12 grinder pumps? Okay, thank you. Would you be Would you have any issue just to make sure that on the marketing materials that the especially for the affordable folks understand that this is a something they will be responsible for should they buy this unit? I just don't want to saddle somebody
with a if that fails, a significant betterment charge uh towards They need to be aware of that going in when they're purchasing this unit. One of the referrals uh from engineering is asking for greater detail on the landscape plan. Their concern is that there's going to be a lot of trees
getting cleared. They would like to see larger caliber trees being either preserved or installed. Um plant that I should say, excuse me, post development or during the course of development. Uh if you just address that at the later presentation. Uh you said electric heat pumps and
cooling, so there's not going to be gas is not going to be propane. >> Thank you. Uh I also would like to know where no storage or placement's going to go. Uh how you're going to I mean the average snowstorm is not going to be an issue, but if we have a couple storms
like we did this past winter, uh I'd like to just make sure that your team has addressed where I This is where we're going to stack if we get another 12 or 14-in storm or back-to-back storms like we've had in the last couple years. Um I noticed the plan, you've got two
I presume those are dumpsters in kind of a central northern part of the uh plan. Is that correct for garbage collection? >> It's intended to be dumpster and recycle. Trash trash and recycle, yeah. >> Um you saw the referral that the town is not going to be responsible for trash pick up. That's going to be passed on to the unit owners.
>> I saw that referral, yes. >> Okay. And have you had any conversations with the wastewater super about what is the timeline in terms of when the sewer is going to come out to Route 28 in this area? I'm just trying to get an understanding about when we might expect a building permit in these uh units to officially
go on the SHI. >> [snorts] >> Uh from what I can see, it looks like the end of '27 before before we be available for us to connect to. So, if we if that seems to be on track by the beginning of '27 or the spring of '27, we may start site
work around that time if we're approved by then. >> Do you have any concerns that you're not going to get this broken ground within 3 years when the permit expires? >> Uh no, I have no concerns on that. It's the town's They're They're putting it in now. They're putting the the main in now.
They're almost almost up to us, almost up to Broken Bow. >> Seems like they're rolling along pretty well. >> Yeah, yeah. With all the problems, you know, you have no idea what you're going to hit underground and then like >> I checked and they said working through it and then late fall in 2017. >> Yeah.
>> We've talked about sidewalks. I don't think it's unreasonable to ask given the sidewalk plan perhaps to be submitted connecting out to Route 28. Uh uh Would you have any issue with the board conditioning this to give local preference to the extent permissible in
terms of placement of the affordable units? >> No, I think that's a requirement. We have to We have to get board approval on which which units are the reportables. We'll suggest them. >> In terms of local preference for anyone applying to buy one, do you have any issue with us conditioning that to the
extent legally permissible that Falmouth residents be given priority for those units? >> No, not at all. Not at all. >> I don't have any other questions. Thank you, sir. >> Tony, I just I want to go back to Mr. Duffy's I think it was Mr. Duffy's question about repair of the road. DPW brought it
up. And what they're suggesting And I just want to get some clarification on this this suggestion you're going to go from the your edge of property all the way down to the second driveway. Um but it looks like the sewer line
itself is only going to go to your first driveway. >> Right. >> Is that correct? So, how will you during construction and given that the road is in such bad shape now, uh how are you going to keep that road from becoming worse? Now, I mean, will
you mitigate entrance areas because it's already in bad shape. And let me just say so what the town does, they'll come and patch it up. Do you know if they're going to plan to resurface edge to edge? >> I don't, but typically they do that.
They're going to resurface 28. Like they did Sandwich I Sandwich Road when they put the water line in. >> Is there any way that you can come back to us and tell us that they might do that? Or they That's only to your first driveway because that's where the sewer line is going, the force main is going.
Um but the road is in bad shape. Your construction vehicles will make it even worse. Uh we don't want to end up with a gravel road there. So, how are you going to mitigate making everything worse with heavy trucking? >> I'll get the answer to that. I'll work with the town on that and
by the time I come back, I'll have an answer for you. >> Um the um wastewater superintendent uh suggests that you need to go to get a a flow neutral variance from the select board. Is that accurate? Is that a waiver? >> I'm sorry.
>> So, the the um Amy Lowell suggests in her notes that you're going to have to go to the um select board to get a flow uh neutral What's a neutral bylaw variance? You'll have to get a variance
on sewer from the uh select board. Cuz we're adding more sewerage. >> I I don't know. I mean, >> I don't know either, but if if she says we have to and we have to, then we have to. >> All right. >> We'll we'll do what we have to do. >> All right, you'll just do what you have to do. Good.
Now, your plan on sheet five uh this is minor stuff. Uh it says septic system utility plans. Is it a septic system or a sewer plan because it's very distinct definition in engineering? >> This is This is town sewer.
>> All right, so that And again, minor minor things, but everything counts these days. It says septic, but you're not putting a septic in. It's all sewer. >> Correct. >> So, just consider that you probably should change it because in the >> did it say septic? I'm sorry. >> On page five. >> On the plan? >> Sheet 11.
>> Or the application? >> No, no. On the plan, sheet five of 11. It should really say sewer. There's no septic there. It's minor things, but might well get it right. >> Okay. >> Um I just want to go back because I don't
have to ask a lot of questions a lot of my questions tonight. >> You stole them. >> [laughter] >> Yeah, you actually did. So, which I was glad. Um are we going to have an engineering peer review? >> Yes.
>> Yes. >> I think that's standard. >> Yes. >> All right. I didn't have a zoning administrator to ask the question. [laughter] >> Okay, so we have >> Yes. Um then I can put off some of those questions. Um
will there be gas coming into the property? >> No. >> No. >> First I just see you know Mass Housing does not allow projects that have fossil fuels. So, with >> Oh, that's right, too. It's all heat pump. >> Yeah. >> Heat pump. Um electrical services are they marked on
the plan where they're coming in? >> No, I don't think they are, but they will be because we're drafting the plan to send for approval for uh the uh electric company. >> Mr. Morris brought up the landscaping yard landscaping plan is preliminary, so
we just need to know be very clear about the type of plant they're planting size. I just wanted to clarify that the planting size when they go in. Um and of course the species of plant. You know, so we don't end up with little azaleas that are 2 ft tall or something like that. Just so it's just clear.
>> No Amazon plants. >> No Amazon No No Home Depot plants. >> Uh 3 ft. >> Um every time you know, I'm going to ask you about architecture. And I I know why you do the same plan over and over again. You know your numbers
well. Um but we some point in time can we get out of this 1950s 1960s design and do something a little more up to date? >> We We We design for what we think we can sell And we think these things will sell
very nicely as designed. >> On your plans, will you be designating Not will you, we need to have you designate ridge height, type of siding, type of trim, that sort of thing?
Also, on your house plans, would you show because you're talking about storage being in the basement, would you show foundation plans showing the basement? In other words, all you All you show are elevations uh in the application. >> I I'll show foundation
>> Just add the Add the foundation uh plan and showing the access um because you show bulkheads. Um We've brought up about the retention basin. The children, you say it's not deep enough or will hold water, uh but there are children. You're going
to look into the fencing around it. Potentially, that's something's been brought up in comments. Uh they've asked for a peer review on that. Uh now, there's going to be an HOA. I'm going to jump around a little bit because you're going to have a peer review. >> Yes.
>> Uh there's going to be an HOA. Um It It appears that in many of these projects, the HOAs are not well funded. You talked about I think in the HOA reserving for betterment fees.
Is that going to be in the HOA? Assume betterment fees. >> Yeah, I mean, we don't know what the fee's going to be. I'm going to have to work up When I find out Before we sell our first unit, we'll have to have a a budget with a reserve study done.
The The reserve study will tell you how long it's going to take to pay off the betterment fee. And I I don't know how long it's going to take cuz I don't know what the fee is, and they don't know what the fee is at the town until they figure out their final cost and how many units are in >> Let me ask you just a quick question.
You're actually going to have a a true reserve study done. >> I do the reserve studies. >> No, you do the reserve >> But it's a reserve study based on RSMeans and the estimated useful lives of roofs and siding and window replacement, light
fixtures, any fencing, things like that are all in the reserve study. >> As long as there's a reserve study that has reasonable reserves for all of this, uh I think that's important because I hate to see these HOAs underfunded,
particularly where there are betterment assessments going to be there for years. The each home each home owner will be responsible for the grinder pumps, including the uh that was brought up, I think, by Mr. Morris. Um
including the affordable homes, so since each individual home owner will be responsible for their grinder pump, that means that the HOA will have nothing to say about that. But yet it's all on common property. Is that all of
it? Are those grinder pumps which are on this plan on their on exclusive use areas, or are they in common areas? >> It It's not shown yet because we got to we got to work that out with Amy, too. You know, but but we are going to put them individually. They may end up in the
driveways of each unit under the pavement. >> Uh with access, cuz you have to get to these things. They have to be maintained. >> They're just It's just a cover. >> Yeah, with a cover, so there's something There's electrical There's electrical involved. >> Yeah, the electrical's in the unit, though. >> Yeah. I just but they'll have So, you
got to take care of that with the waste with the folks at the sewer department. >> That and our engineer's designing it in conjunction with the peer review reviewing it. >> All right. >> Where they go and >> So, may I may I one question on that issue with the HD grinder pumps. I would
suggest that we may need to get town council to draft appropriate language to ensure that there's a recorded easement or that it's in the condominium bylaws, which we usually require submission just to make sure that we can address that issue about access to the grinder pumps. >> Yeah, that's a good idea. >> Well, thank you. No, thank you. I wouldn't have thought of that one.
>> Yeah, thank you. >> Um I'm not sure what he said. >> Would you repeat it for >> I I think I think in our decision we need to make sure that we're well, we usually require that the HOA documents, the condo bylaw gets submitted through town council for review to make sure that
>> any interest, but I would specifically think that we're going to need language in there that >> access >> that there's going to be a recorded easement towards the wastewater super for access to the grinder pumps and that needs to be specifically referenced in the condo docs. >> So, similar to the water easement we do. >> Yeah, exactly. Yeah.
>> Okay. >> So, didn't mean to >> No, no. Thank you. Uh I have a couple more questions if you if it's all right. Um you don't have a lighting plan. Are you going to produce a lighting plan? >> Uh I can. >> Well,
>> All right, let me just take it let me >> have one. We don't generally do it this but they're easy enough to get. >> Let me just go to the next item. >> Yeah, lighting plan. >> Dark sky friendly dark sky compliant but you're going to go with dark sky friendly, which means down lighting. Just show us that you're going to do
that. Light trespass is a problem today. Uh and you're congesting this piece of land with a lot of units so dark at least dark sky friendly and what goes along with that would be down lighting. >> We would like to see that on the plan. >> Um
I think it was brought up uh about snow removal and storage. One of the particular issues that I think um and again, this is probably going to come up in peer review. 527 CMR, the fire code, you got to be careful not to be blocking in hydrants.
So, that's likely to come up in the peer review under 520 527 CMR. Um but as long as we get that reviewed trash pickup was covered, mail is picked is covered, the bus stop was discussed.
The rest I'm sure the rest of I have if we get peer review I can ask the peer at that time. So, I'll just Thank you. >> Nick? >> I'm all set once peer review comes. >> Took all your questions, too. Anybody here you have follow? >> All set.
>> I would just like to say one thing. I I made a comment about when you were speaking about the variance for the sewer. I made a comment that we'll do what we have to do. You made a comment indicating I think that yeah, that's all
we'll do is what we have to do. That's not what I meant. I meant if I have to get a variance for the sewer in any way or any variance we have to get and we will get them. >> All right, so what I was trying to get at was would you be asking for some kind of I don't know if you can get a
waiver on that. I I've no idea. But, if Amy Loveless suggesting you're going to have to do that. >> as she suggests, sure. Yeah, but I This is all new to a lot of us. This these sewer connections on these projects. We've been doing septic systems on them for years, so
>> I have I don't doubt this, believe me. I don't doubt that at all. >> And and you know, I've done sewer connections in other towns and cities, but it's existing sewer that's already there. You just connect to it and it's simple. This is sort of I think we're uh >> a work in progress.
>> Yeah. >> Yeah. Uh what I'm sorry. >> Can I do a follow-up question? >> Go for it. >> I don't remember if it was covered about on plan page 277 the easement, the potential easement that shows up on the GIS map. I could not find it at the
registry. But the engineering department refers to it as I think it's plan 277 land page 277. >> Yeah. >> I couldn't find it. >> I couldn't either. And I don't see it. I have the whole title report here and I don't see it. >> So when you get down to that S area
where that drains out, there could be some drainage easement there. >> Well, there there was there was drainage out here that the town had an easement for. >> Yeah. >> And we and and it was supposed to be allowed to drain onto our property. So rather than have it drain onto the
property, we managed it and and put it into around our site and into the detention pond. >> So any easements if they do exist should be expunged. >> If they exist, they >> If they exist.
>> Yeah, that's a legal question. I'd have to ask the >> Engineering says it goes through the playground area. That's exactly what it said in their referral. I >> You know how the registry of deeds is sometimes it's easy to find sometimes it is I couldn't find it. >> But you'll have to I read that too and I I
might ask if we can get a little more clarification from engineering what they're talking about cuz I thought that was those comments were kind of vague. >> Yeah. Yeah. >> Thank you. >> Any other follow-ups? >> No. >> Super. That really
>> Uh Mr. Maroney, do you know the existing size of the water service on Broken Bow? >> I do not. Uh easy enough to find out though and I'll >> The follow-up is that is do you know is it on a T or is it a loop running through Broken Bow? Is it >> I I that I don't know either but I think
it dead ends out there but >> Just cuz it's going to be with 12 additional homesteads and fire suppression and fire hydrants going I just want to make sure we have sufficient flow. >> As loops. >> Okay. >> As loops from one entrance out the other one. I think it shows that right here in the
plan too. >> Well, well you know the pressure has to be in the system itself first is usually tested at certain hydrants. And the water department then gives you that certification. >> Yeah, they make us do a flow test first.
>> All right, so that's all going to be done. And that should show up in the peer review as well. That's what I was going to ask you. >> Yeah, we really can't design it without the flow test. >> That's right. Yeah, okay. >> Will your plan also address the site distances between the entrances on Broken Bow? >> It doesn't yet, but it will.
>> Thank you. >> So, here's this is the water plan. It shows it loops through. Yeah. I don't know whether if it just tells me the size of that main. >> [snorts] >> So, I think it's saying 8-in main.
I'll I'll Let me >> In Broken Bow? >> Well, theoretically the peer is going to bring it up as a question. >> Yeah. >> He's just looking at the water at the plan, I think. One more Has anyone asked you to fund the 53G? >> I'm sorry. >> Has anyone Have you been asked to fund
the 53G? >> Yeah. No, not yet. Noreen generally does that when she assigns the peer review. >> But you're in agreement to have the peer review. >> Oh, sure. >> All right. >> Yeah, I mean it's I just I think it makes it better that way.
>> I'm going to do the crowd. Make a motion. To ask the applicant to fund the 53G account. >> I will make a motion that you fund the 53G account. That the applicant fund the 53 G account. >> Well, if I don't I'm not understanding why we're saying that.
>> I don't >> It's a requirement. >> Well, but the attorney said >> Historically asked made a motion that the zoning administrator request the 53 G fund of account. >> First you got to first ask to assign a a peer peer review then they look at the plans do an estimate and then we negotiate how we're paying the peer
review. Well, this thing isn't going to get built until the peer review covers during construction too. So, often times we negotiate it that we pay this much until we get the approvals then when we start construction we put we fund the rest of it. So, that's usually worked out between Noreen, us,
and the peer review. >> May I >> I don't know that we need a motion because he stated that he's going to pay it. So, I think we'll just put in the record that he stated he'll pay it. >> Madam Chair, I have a concern. I think that I read someplace and you
agreed to it in an email with our zoning administrator that there were about 124 days left you >> If if we are yeah, if we're calculating this right that the time was stayed from your appeal
till now when we re reconvened the public hearing then the clock starts again now and I believe there's 124 days left, yes. >> So, time is of the essence that we get this peer review. >> Yeah, I mean if we're making progress naturally we work together on other ones we'll work together on this. It's just
>> Which you dropped that date? What did you get into in the math? You didn't do it? >> Uh we We want to do it in the right >> 124. I got October 20. >> Oh, I >> You didn't do it? You didn't do the math yet?
>> No, I I did it when I sent Noreen an email but I haven't done the the actual dates on the calendar since I sent her that email. >> Oh, yeah. >> The goal would be to did it be done prior to that. That's for sure. [laughter] >> Are you all set, Tony? >> Thank you.
>> Any Anybody from the public like to comment on this? Line up. Name Name and address, please. >> Hi. My name is [clears throat] Lynn Parks and I live on Locust Field Road. But I'm here representing my daughter who has to work tonight at the hospital
and she's the abutter right on 28 Broken Bow, the first house right next to this project. And I heard something say about I heard it was said that they hadn't considered um what would happen to the drainage and already
it's such that it comes up halfway, you know, halfway through my calf when it rains there. And John is out there going like this trying to get all the stuff from the road that's going into the drainage area. It's It's terrible. >> Can you show them after that is you're
talking about? I'm sorry, but >> Okay, well They'll fix it for you. >> And then we >> Sure. Yeah. >> This is my computer expertise. >> Yep. >> It's another consulting fee for you. >> It's right there.
>> This is This is their property right here. >> Yeah, right there. >> Okay. >> All right. >> Yeah, and when it comes down um it's just it's concerning. In other words, how will you Now that you have pavement on this entrance, how will you prevent it from going down further? And
I didn't hear an answer to that. So, that's a concern, definitely. Another concern is getting out onto 28. It's already very difficult getting out onto 28. And so, now you're talking about adding 12 more units and people coming in and out of that
area and it's just it's an accident waiting to happen, particularly for children if they have to be in that area. Um the Let's see. What I'm I did not get the price being sold say on a two-bedroom unit.
>> They're all three-bedrooms. They're all three. >> They're all three now. Okay. Um what would it be on a three-bedroom house, the price affordable? >> We can ask him when he comes back up. >> Okay. All right. And then um >> me, but it's in By the way, it's in the
application. Both the affordable and the market rate are there What he ends up doing, I don't know. >> Okay. Well, the drainage and the traffic are what they're very very concerned about and particularly there are two young children. There's a two-year-old
and a four-year-old living in that house and granted they play in the back. They've got a fenced-in yard and so forth, but to put the leaching field right next to the house is also another concern how it will affect them. So, that's what they've mentioned. And the other thing was to How How do
you prevent the number of And maybe it's impossible, but how do you prevent the number of people that are in an apartment once it's sold because you're right there on 28, easily easy access to buses. So, now you've got people who
might be living in that apartment who don't need a uh a a um who don't need a parking space because they can walk out and go to the bus and go wherever they go to work for a job. And so, now you've got more people than maybe is you know, required or
can compensate for. I don't know. You know, is that a possibility? So, anyway, those are my concerns for my daughter and >> Okay. >> Can I ask a question? >> Sure. >> You You mentioned that the water pools or puddles at that curve in front of your daughter's house. >> Yes.
>> Where does it come from? >> It comes right down the >> Right down the street? >> Yeah, cuz it's a hill. So, it comes right down the hill and then the other side going up going up Broken Bow is also hilly. So, the two come together. >> yeah. I mean it's nothing to have it a
foot tall, you know, a foot high. It's It's pretty bad. Let's put it that way. They've had to move their house. >> Nick has a question for >> You said that it's difficult this traffic the traffic side difficult on Broken Bow to get to 28. >> Yes. >> You get out on >> Is it too narrow or it doesn't allow for
Is Broken Bow you just is too narrow for two-way traffic or what What's the I was trying to figure out >> she means too many cars just to pull out. Take for example >> to pull out. Right. merging on to 28 >> Just takes a long time. >> pull out on to 28 you got >> 28, yeah.
>> Okay. >> And if you're trying to go left as I frequently take my grandson to school, [clears throat] I can sit there and wait and wait and wait. Or if you're trying to get right often times to the right it's often times backed up from the light that's up there. So you're sitting there waiting,
yeah. It is two two lanes, but it's also slightly uphill. And so consequently with the uphill attitude, you you kind of crawl out, but then it's broken in one spot, maybe why they broke Anyway, it's broken in one
spot. >> [laughter] >> No pun. >> And basically it's it's a tough situation to get in or out of it. And >> light doesn't help either, so. >> That's what I'm saying, yeah. That definitely doesn't help. And when I have to go to go in there, I have to make
sure I have real clear view to get just in. And I'm thinking, you know, you've got all these cars more so coming in and out of that area. And that's that between that and the drainage and the prices, number of people. I don't know how you control that, but maybe you can.
I don't know. So, anyway. >> All right. >> Thank you. >> Thank you. >> Thank you. >> Do you want to address a couple of those things? >> Thanks. So the market rate we're we're projecting
6799 for the market rate units. We'll see what happens in a year and a half with a the with the prices are. As far as the affordables go, if we sold them today, they'd probably be around 245,000. But again, that's a product of where the condo fees with the interest rates are
and insurance expenses and all those things at that time. So, those price those sale prices are set by our lottery agent at the time of the lottery. But assume they're going to be under 250.
>> Okay. Any questions on that? >> Can you propose or can you come back with what you proposed first year condominium budget would be and what the monthly HOA fee would be? >> do a preliminary budget, sure. >> Good idea. >> Yeah, that is.
>> And and and the budget will include the three reserve accounts as well. >> I I Yeah, I'd like to see kind of I think that a prospective buyer needs to see what the they could say, "Oh, I'm budgeting for a mortgage at 245 as an affordable unit." Then there's a $1,000 a month say HOA fee.
>> It'll affect the price though. If if our condo fee is Yeah, you know how that is. >> pigeonhole you into an amount. I just I think it's a prospective buyer needs to know that in addition to what their monthly uh PMI, you know, mortgage PMI or anything else is going to be. There's going There's going to be a monthly HOA fee. >> Now, just just for the board's
information on the previous condominiums we've done in Falmouth, we lowered the fee for the affordable units. We've been doing like an 80/20 split on the the condo fees and that allows us to sell them for more
money. So, but it helps the buyers who have the condo fee stay at that ratio throughout any increases. >> So, we doing that here? >> We plan to, yes. >> That good. >> Yeah, it's a question. >> Yeah, go ahead, Glenn. >> You're very experienced with this type
of project. Um the homeowner association fees, have you done any maintaining these parking lots or landscaping, will each homeowner be responsible for their own landscaping? So, it's not part of the common area, it's part of their private
area? >> No, they have they have uh exclusive use areas, which is usually like a 16 by 16 area off the back, a 16 by the width of their unit. And then their parking areas in the front. The rest of it's common area.
>> So, out front is common area, they have their parking assigned parking spaces. What I get worried about is I sometimes I drive around town and I see I'm not going to name anything, but I see areas that are not well kept. And some of them are
affordable. So, what I worry about is in your homeowner's association, we're going to get a budget take a look at it. Uh will not maintain this, so that 10 years from now, we're going to have just another
unkempt area. That's what I worry about. >> Well, all I can say is that when we turn it over, it if it's a condominium, I don't know if you're talking about like a homeowners a >> These are common area fees. >> But a condominium, all the properties are maintained by the
condominium using the fees that are paid by the residents. Now, when we leave, they have reserves that we've been collecting for the years we've been building the project. They have enough money to maintain it as we want it maintained while we're
selling units, which is weekly cutting, keeping the mulch fresh, keeping things looking the curb appeal for a buyer coming in. When we leave, sometimes they choose not to raise the fee and maintain it the way
we did. Learning that, we made some changes in future condominium was putting in lawn sprinklers and uh they're on wells so that it's easier for them to
keep the lawns looking better. However, I can't control if they're going to mow them weekly or every other week. So, how they look is really up to them. >> uh is there a mandate to have a uh management company manage the property?
>> No. There's not. We When we When we turn it over, we we take keep 100% control till the last unit's sold. Then we go Then we move for the the transfer of the control to the residents. They They usually pick three trustees.
They're not limited to that, but we recommend three trustees who have some experience in condominium management or at least living in condominiums where they see how they should be run. We also stay involved with them until they're comfortable and
say we to stop calling us. You know, sometimes it's 5 years, sometimes it's 2 years. Depends on the the expertise within the people managing their own condo association. So, >> I um May I ask Mr. Morse a question?
When Town Council reviews the homeowner's association condo docs, is that what you what happens? Um is Town Council making sure that it passes this sort of muster about maintenance?
>> I'll defer to Mr. Duffy. >> [laughter] >> I can't answer that. When Town Council reviews the condo docs, they're reviewing it specifically for compliance with the comprehensive permit. >> That's correct. >> So, the terms that are in there. >> Yeah, I I looked at many of these and I
looked to make sure that the condo docs contain the conditions that this board put on the project. And I'm not looking at a generally but I want to make sure that all of the appropriate conditions that this board puts on are in the documents.
>> So we need to be careful with our conditions. >> Yes, and in terms of capitalization reserve accounts, it's the condominium statute is very clear about what's supposed to happen. It doesn't in a lot of condominiums, which is why you I mean if you know anything about the filing of condo
condominiums in general, that's why they can get into trouble, but that's ultimately up to the unit owners and the trustees to make sure that the budgets are coming in at what they need to be to make sure that there's a contribution to the reserve account, that regular maintenance is being done, that landscaping is being done and kept up. And it's so it's it's
the joy and danger of owning a condominium. >> Well, I can't We certainly can't regulate um um appropriate is that way. Uh but pride of place is important. We have to maintain this community. It's the urbanization of this town is
phenomenal. It's going what's going on, and I wish we could find a way of making sure these properties are maintained properly, but I understand what you're saying, Mr. Morse. >> Nick, does an affordable person get to be one of the trustees? >> They can. We We usually encourage it because give them a voice for
for budget. And in in one of the condominiums, we did two of the three trustees are affordable unit owners. >> Anybody else any further one Anybody else? Do you have a Do you want to speak? Come on up. Yeah, thanks.
>> Okay, I'm Richard Castleberry. I live in 41 Wilkenbo. And my complaint is there's going to be so much traffic. It's going to look like a Grand Central Station to get out on 28. >> Yeah. And we got all the other houses
that he built down there and all of those have got three or four cars spread out, you know, between two houses. Now, if he puts in 12 units, it's 12 units, right? That's you can say two units per per apartment or condo, whatever you're
going to call them. Uh and that's going to really cramp a two-lane road that's not really two lanes. If you see one of those trucks coming out, you're going to get off that road cuz it's not big enough for anybody. >> It's going to be difficult >> Those are not
>> during construction. >> regular lanes. >> Are you talking about Broke I'm sorry, man. We got to talk about >> Talking about Broken Bow, yeah. >> Broken Bow, okay. Yeah. >> Yes. >> That's why when Frank asked about the traffic study cuz it is such a There's a lot of accidents at that light. It's a
tough area up there in general. And when you asked about traffic, it, you know, just these people during construction, it's going to be hell for them to pull out. >> And we can only ask for traffic we have to have certain thresholds and they're not there, so >> Can I ask what those thresholds are? Do
we know? >> We do know. And it's much more than 12 units. >> It is. >> Yeah. >> And sometimes you can wait two or three minutes to get out on 28, you know that. Especially if you're going to take a left out of there. >> Oh, it's >> Going towards Oxbow and down that way,
the traffic's backed all the way up to Oxbow today >> I couldn't even get to where I was supposed to go by 12:30. I had to go all the way around the beach road to go down Davisville cuz I work St. Vincent de Paul over there. >> Yeah. >> Um at the end of Davisville.
And I was late getting there naturally because I I had turned around cuz I knew I wouldn't get all the way to the light going that way. I mean, that 28 is really suffering bad. >> Yeah. >> It's made for horse buggies. really. Not
these cars and these big trucks. Gosh, these darn trucks got 12 more wheels on them. I mean, they've torn up our road completely. >> Yeah. >> Um the it's it's transportation the biggest my complaint and I'd like to see
another road come out of this area if he's going to put some more units there. I don't I don't care if it goes out of that other one where the duplexes are up the road or what. >> Straight, yeah. >> The four homes that >> Yeah. >> But it that's going to be too much for
that one little road, I'll tell you. People go by there and they don't even know it's a a regular road. Have to tell them, "Oh, we live across the road from Thermal Glass & Mirror." >> [laughter] >> Okay. >> But that's my biggest complaint and
that's a awful small area for our 12 condos. >> They're all going to have to work >> Like four or five normal houses could fit in there, you know, with with a decent yard, but none of those things are going to have a decent yard.
Okay, that's my That's all my complaint. Thank you. >> Anybody else have anything up here before we continue? >> Good. >> All right, let's check my date here. All right, um we'll continue this till
um let's see, what do we have? 7/9. Good for that one, Nick? >> What are we going to do on 7/9 if we don't have any referral any um >> Yeah, let's think of what Well, yeah, we don't have any peer reviews. I wonder what we can get done on that day. >> Not much.
>> I can ask a lot of questions if we don't have peer review. >> [laughter] >> Yeah. >> Ask the same questions over and over and over and over again. >> Can we punt to the >> I don't know. I just got this. I don't dare go off the path when I've been instructed. Well, let's ask when he
can have the peer review done. >> Well, approximately. >> Yeah, when do you think the peer review can be done? >> I think I need to do more work before they can do the peer review. But now that we're going if you if we continue this to the to July 9th, I can get our engineers working on I mean, we already
know that they're going to want to see snow storage areas. They're going to want to see shed locations on the plan. A lot of things I already know that aren't on our plans that you're going to want on there or they're going to want to see to to >> you know what? Let's let's use this date and if if we do need to continue, we
just continue. If You know what I mean? >> Status review. >> Yeah. >> Okay. >> Yeah. >> I just want to encourage the applicant to really be moving along so we can get it done. >> I'm sorry, really what? >> Like to encourage, as I'm sure you would like to do, just keep moving along quickly as
possible. >> Sure. >> Getting what we need to get so this we don't drag it out to the last day. >> I I'm all for it. There's no reason to meet just to meet. >> That's right. >> [laughter] >> So, July 9th, I'll come back with >> I'll make a motion to continue Broken
Bow Residences to 7/9 at 5:30. >> Oh, 5:30? >> 5:30. We're going off the path, Nick. So, 5:30 and we have a second from Jim? Everybody's all set? >> Yeah. >> All those in favor? Aye. Opposed? None. >> Thank you. >> All right, thanks.
Have a good 4th of July, everybody. >> You too. >> All right. So, minutes. We're only doing June 4th. Is everybody read those? >> Mr. Chairman, I'll make a motion to adopt the minutes of June 4th, 2026 as published.
>> Second. >> We have a motion and second from Scott. All those in favor? Aye. Opposed? None. Board discussion? When Let's go. Let's go, right? That's what I'll say. Board updates. Buckle up.
We have a lot of meetings coming. Uh future agenda items same. And our next meeting is on 6:25 at 6:00. And I don't have my >> Mr. Chairman, I will make a motion to close until our next regular scheduled
meeting of June 25th, 2016. Mr. Chairman, excuse me. Thank you. >> Second. >> We have a motion and a second to adjourn. All those in favor? >> Aye.