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[Music] Welcome to the zoning board of appeals. Please silence all cell phones and note that this meeting is being taped by FCTV. If there's any private party recording this hearing if if so, please step up to
the podium and request permission. The following uh I'll introduce the board. My members are the late guy Mark Fineran. To his left is Scott Peterson. To my right is Frank Duffy the clerk. My name is Suzanne Murphy the chair. To my
left is James Mo vice chair Tony Bertuchi. And we have Ashley Dlo, office assistant. The zoning board of appeals is charged with applying the state zoning statutes as well as the tone town zoning bylaws in reviewing and voting on applications. All decision decisions are
made through the public hearing process. Our goal is to hear testimony from the applicants and the public and to allow a full and fair discussion of the project prior to closing the hearing process and reaching a decision. Number one, to begin each hearing, the clerk will read the public announcement for the hearing
and read pertinent information from the file. Number two, the applicant of the applicant's representative will then have 15 minutes to make a presentation, but time may be extended by vote of the board. Three, the board will then question the applicant. Four, the public will be invited to comment. Comments
will be limited to two minutes and be strictly related to the proposal. All members of the public wishing to speak should wait to be recognized by the chair and should come to the podium. State your name and address for the record. Speak into the mic and it will not amplify your voice and record audio
for the FCTV viewers. And then we have a time right before we start where if anyone wants to make a public comment, you're welcome to come up to the podium, but nothing that's on our agenda. Anybody have a comment? So then we can begin.
Tonight we have Habitat for Humanity 03125 805 Gford Street. and who's coming up. Welcome. Thank you. I'm Warren Broaddy. I'm the attorney for Habitat for Humanity of
Cape Cod, Inc. With me this evening are Robert Rei, who is the engineer for the project, and Kurt Raber, who is the architect for the project. So, at our last hearing, there were several issues that were left
open or needing needing answers or at least responses. And the most uh difficult one I think is the septic system for the project. The board I think will be happy to learn that we
have decided to stop fighting the tide and we will provide a board of health approved IIA system. And as we demonstrated, I think in the last hearing, the system will fit
in what is labeled as lot two on the site plan. Uh we've already determined that that that is the case. It may need some maybe a little bit of tweaking and it may need a variance from the board of
health with respect to the distance between the system and the lot line. Um, it may need to be less than the 10 feet that would otherwise be required, but I'll let Mr. Rei address those issues if you don't mind.
Another change and one that I think Mr. Fineran would like to hear is that we're going to abandon the access road that is going to be deleted from the design. So that uh will actually provide some funding that will be needed to do
the IIA system. So those two things will work together. There were some other issues. Let me just go over them briefly. Uh the issue of a mailbox. The Felmouth postmaster
recommends that we use a cluster box unit for all of the homes. We will certainly abide by that advice uh as to a bus stop. That issue had been raised. And by the way, these are notes that are coming to me from Noren Brown.
Noren Habitat's um director of land acquisition and permitting has COVID. Oh, and could not be here tonight. And I guess there's no way to zoom her in under current practice, but she is available by telephone if necessary, but she has provided the provided me with
these answers to the various issues. With respect to the bus stop, Aiden Malloy of the town of Felmouth indicates that the bus stop will be near the entrance to the restore. Uh the high school age kids will be considered walkers due to the proximity to the high school, close enough to
walk. With respect to trash collection, question had been raised. Our families will be encouraged to use the town waste management facility. That's our plan at the moment. There was a question as to the local preference
for this project and indeed the executive office of housing and livable communities has approved the project for local preference which will apply to two of the units which is 70% rounded down. Um, there was a question about the
washer and dryer hookup in the basement, which was not shown on the first set of floor plans. Those have now been revised to show the washer and dryer hookup. So, that is not an issue. I don't think
there was a suggestion that adding a roof over the side door of the houses would provide some relief from weather conditions. Uh our director of construction hates the idea and says he doesn't want to do it.
Thinks it would look ugly. U solar panels. There was a question because the solar panels are not shown on the architectural drawings. That's because typically we don't show them on the architectural drawings. That doesn't mean we aren't committed to doing solar
panels. We are the access road that has been removed and again we will be moving forward with a shared IIA system and we will update our proforma to reflect those additional costs and to
demonstrate the financial feasibility of the project. It may in fact require more money. In fact, it will require more money. uh CPC funds may be available. We're not sure at the moment. There is no person at CPC to ask about it. For
some reason, there's a vacancy there. So, we will follow up with CPC to see if the additional funds might be available for that. And uh one final issue on Eversource. Uh we've been working with Mr. Burk's company uh and his attorney
has been working with the folks at Eversource and it has now gone from the right of way department to the operational department. Nothing like a good bureaucracy. Uh and it looks like it will be resolved. Uh Mr. Burke maybe
can address some of the issues that that he's been discussing with them, but basically they may want a barrier um within the their easement area that would prevent vehicles from going where they shouldn't go and that hopefully will suffice.
And with respect to our relationship with Eversource, our original application for a license involved pretty much the access road which is would run through their easement. that's now being abandoned or not that's the
wrong word we're eliminated. So our license with Eversource our application will be limited to providing electric and water service which are shown the water the electric ser excuse me the water service is shown on on the site
plan running down uh the left side of the lot and towards the houses to be built. So, we do need Eversourc's approval to do that through their easement, but I we don't anticipate a problem there. It's going to be
underground. And I think that has addressed the issues that were raised before. Certainly invite any questions that you have. Mark, you want to start off? Um, sure. Yeah. I um as I mentioned in
the first meeting, I think uh that access road was just a complete waste. I'm glad we agree and uh you can apply the money to it. My friend Tony's systems one for Tony. Um
and uh I think that works out well. I have my own uh opinions on uh us getting involved in that, but that's neither here nor there. Um so there doesn't really leave that much. And the awnings though, I I did um
look in the lever catalog for instance, and I mean you can buy um aluminum bolt-on awnings very cheaply, a few hundred dollars. Um, and I don't know if you especially
that's open area. I mean, if it's pouring rain around here, it can rain very hard. And standing in front of the door trying to get your key out and get it in the door without a little roof over your head um can uh
yeah, whatever. It can get you soaked wet. Um, I happen to agree with the chair's suggestion that u that would be nice at least on one entry door. And uh like I said, uh
I mean I looked up one. It was $185. Um and he said he said it was the look. Um well, there's different looks, there's different shapes, there's different sizes. Uh you can get them through Harvey's. They're going to be a little bit more. Nothing's cheaper than the Levore catalog. It's a great
catalog. Everybody should know about it. L E V O R O R. But um anyway, uh that's fine. Um I think you should consider it. And uh Eversourc's thing with a barrier. They certainly don't have a barrier
around anywhere near the majority of their uh rights of way. As a matter of fact, I'd say that the absolute minority of their rights way have a barrier. So, I think that's a waste of money that could be put towards something else, especially when we're talking about
dealing with affordable housing. But, um, that's Eversource. I mean, they're, uh, tough to deal with. Um, they think they're, uh, beyond the law as far as I'm concerned, just short
of government. But anyway, that's all I got to say. I don't think anybody wants to hear anymore anyhow. Scott, please rescue us. No, congratulations. Uh, and thank you for going back after all the open items.
You ticked all the boxes. Uh, I'm certain the town folks appreciate the IIA systems, uh, with the expenditures that we have going forward. So, very appreciative of all of your due diligence and your team's due diligence. So, thank you and all the best as far as I'm concerned.
Thank you. Frank, any questions? My sentiments are the same. Scots, I appreciate your effort to address all our concerns. I think you've done a good job. Thank you. I just have a couple. Sure. So, the people are going to have to go to the dump for their trash.
Yeah, that's what Norine has indicated in her note to me. Trash collection. The families will be encouraged to use the town waste management facility. Does the restore have a dumpster back? It's Wouldn't they just sneak over there and
not leave? I know I would. I know I would too. Habitat is the lei there. It's It's their dumpster. Or is it yours? No, it is the dumpster, right? It's Habitat's dumpster. That's kind of the game plan. Okay. Yeah. So long as they are the lei there, I
suppose that would be a reasonable dog of the night. I got it. And then I want I was the one that asked about the bus stop thing, too. Is that bus stop the the shed that I see on the plan? Yeah, that they said it was going to be by the
entrance. It'll be further up. Oh, okay. I don't think I I don't know if it's on here. I I don't There's one that says shed, but it's over towards the the uh DIA system. There are sheds on each lot, right, for the use of
There's one shed that's after lot two going towards the road. Yes, please. If you're looking at this shed uh right here, it's actually an existing shed. Okay. And it's actually over in this area right here. And so, we're just going to
move it on to that part of the project. Will you show me where the bus stop shed is? Um I Well, there's another shed that's not shown on the plan that's actually right here. Um we're actually going to add that in for the Eversource one, but um there there's a shed right there. I
think that's what they're talking about. Does that sound right? Yeah, I mean that seems like location there. It would be a good spot for the thing I was thinking of if you could just have like a pulloff area even for like two cars. It's a commercial road,
so you don't I don't I wouldn't want my, you know, first grader walking down the street and and most of the moms and dads have have to have a car anyway when when the kids get off the bus. So, I personally was thinking if you just did it as you're entering in like on the right, just have a a pull. It would cost
you nothing but maybe a gravel and just pull a pulloff area maybe just so that the moms and dads could park there while they're waiting and then you wouldn't probably even need to move a shed because they'd be in a nice dry car, you know. I believe there is room on the right
side. Yeah, there is according to the plan, but maybe you could take a look at that and just for the safety of the kids, that's all. I mean, the high school kids are just going to walk in and have no problem. But well, when it's a little kids Yeah. You know, it's a commercial road.
Sure. That's That's all I had. Jim, thank you for the the IIA system. Uh that was a big concern that's no longer an issue. Uh thank you for dealing with the referral or concern of the fire department. Uh just for the record, the
bus stop will be out right near Gford Street or is it going to be closer towards the Habitat building? They said at the entrance. Yeah. See, I don't that's I'd like to They won't come in. They won't. They won't come in. They won't go off the road for So, it's going to be at the entrance at at different street. That's what I thought.
Okay. I I would then I definitely want to reiterate and I share uh the chairman's chairwoman's concern with kids uh because it's not going to be an issue in the morning, but it at 3:00 in the afternoon if the restore is open, there's traffic coming in and out. So, I think that there should be some type of
parking there just to for younger people are getting picked up. Other than that, thank you. You've checked off all the boxes and made this one very, very smooth and easy. Tony, I um I want to tell you how grateful I am for doing a wonderful job here and
for adding the IIA system in and being a good community part of the community because we have a terrible nitrogen flow problem here. So, thank you for doing that. Also, one of the other things that concerns me not about this project but many of these types of projects that
come in is architectural design. And thank you very much for putting together a wonderful design uh with great proportions. Uh and I want to ask because I have to ask this question when we approve things we
approved them subject well not subject we according to plans and I noticed that you're putting these plans have pileasters on each side of the door. They've got headers over the door. They've got a window head trim.
These are unusual for 40B. Are this is what we're going to expect to see. This is a beautiful design for a small house. This is what's going to end up being there. Oh, so one of the things that always one of
the things that always concerns me u is I always worry about 40bs and the affordable homes is that we are not providing these folks our folks with pride of place. Right. Your design creates pride of place. So, thank you for that.
Yeah. I'm uh Kurt Raber from Catalin Architects and we've now designed over 40 of these habitat homes. Um, many of them are very the same and my firm also volunteers on job sites. So, we've helped build them. They're exactly like you see them. And I would say that it's
not affordable with a big A, it's affordable with a little A and maybe or even called attainable housing. I mean, these are really nice houses. Yeah. Um, I mean, the fact that you're using a uh cement fiber clab and are you really going to use white cedar shingles?
Yes. Oh, thank you. Yeah, I mean pride of place. I I I really appreciate that very much. Thank you. And I think the community would appreciate that, too. And I'll add that I know the director of construction and and the personnel on
site tolerate no errors. These houses are well built. Thank you. Appreciate it. That's that's what I have. I found an error for you. You got no down spouts on these uh gutters.
in your drawing any of them. That's all. You can have those. You kind of have to. There's u typically on-site uh leeching uh no the drainage in the drawing. They have gutters on the
house, but there's no down spouts to carry the water down to the ground. They'll be there gravity. That's how they save that money for the small A. That's right. This is a great project. Anybody else have any questions up here? I motion to close the public first.
All public. Yeah. Anybody from the public want to comment on this? Come on up. We just need your name and address, please. Well, actually, I'm related to him. Christina Brody to Salt Hay Road. I want to encourage you if you haven't been to
Willlet Way to drive by there. That's our last series of 10 homes here in Felmouth, right near the Wquite Church. It is in my backyard and it is beautiful. Great. Thank you. Thank you.
Anybody else from the public? Come on up, Richard. Good evening, Richard Johnson, Ambitz Avenue. I was just curious how the gate across the Restore driveway will be dealt with now that there are residents there who need 247
access. It's a string. It's a road. Everybody gets a pair of scissors. For the record, I'm Bob Burke, the property owner. It's actually not a gate. It's just a a rope that goes across there when the store closes, but
that can easily be taken down, eliminated, and won't be needed once there's residential units in the rear. Okay, great. Thanks. Anybody else from the public? We're all set. Anybody else up here?
Let me just inquire through you, Madam Chairman. Uh any opposition that came in uh since the last hearing? Written? See any? Opposition to what? Any commitment to this? If there was any written opposition that came in in the last since our last hearing? No, there hasn't been any, I don't think. Right. No, I didn't see any.
Want to get that on the record? Yeah. No, there's been no opposition at all before the other. All right. I'll motion to close now. Second. We have a motion to close in a second. Everybody all set? Are you all set, sir? Yes, I am. Unless
you have further questions, you guys roll. The whole crew. Okay. All right. We have a motion and a second. All those in favor of closing, I I opposed. None. Motion to approve with conditions. I'll second.
Can we modify to direct the uh zoning administrator to draft an affirmative a positive decision to approve the project as applied for with the requested waiverss? Absolutely. Okay. procedure of 40B since it's
I'll make that as a friendly amendment to your motion then I'll be happy to second your motion. Thank you. Are we going to do findings? It's part of part of Norine would draft madam chairman like we normally do next. Yeah, we could
and do it like last week. Yeah. And if if I don't know if we want to invite the applicant if they're concerned about anything. I mean, I think our decisions are pretty fair and thorough, but if they have any specific language they'd like to see, they could certainly submit it to Norine, the board to consider. Well, if it's closed, I don't know if
you can do that. That's true. Um, Mr. Chance. Yeah. I I I don't think there is there anybody here who's not going to be voting for an approval at this point? So, it's I think I think we're fine.
We can I think we Is everybody all set with that motion? Yes. Yes. So, we have a motion and a second. Oh, discussion. Discussion. So, it's for Norine to draft, not an approval. Correct. Correct. That's the motion.
To draft an app approval. An approval. An approval. Yes. Draft and approval for the But we have not. Yeah. We've not voted to approve it. It will be voted. The approval will occur at the next meeting once. Does everyone understand the process by which that is done and how we read through it? Yeah.
Okay. done it before at that at the f at that meeting. Yeah. And we approve each item. Do you mean the applicant? The applicant. I'm talking about does the applicant understand how we do that? What we sometimes do with 40BS is have the zoning administrator draw up the
draft approval and we'll just go through it and you don't even have to be in the room if you don't choose to. You can come if you want and shouldn't take us long at all. Great. And that's the game plan. Ashley has a question. I have a question. Go ahead,
Ash. Um, just when you make your motion, you may want to include the date of this, which would be August 21st. Is August 21. Okay. All right. So, the motion now includes August 21. Okay. Sure. All right. All those in favor of the
motion for Norine to draft a draft approval. Approval on August 21 for Yes. on August 21. Say I. I oppose. None. Thank you. Great. Thanks, guys. What a great
project. We appreciate it. Thank you, chair, members of the board. We uh we have a great relationship with Felmouth and like to keep it going. Yeah, we appreciate it, too. Thank you. Thanks. All right, minutes.
We're not going to do them. Reorg. Mhm. Been a year. Handsome greatly. Time flies, doesn't it? Wow. And you're having fun. Um, do we want to wait and have Nick or do you want to do it? Absolutely. Why would we? We'll wait and have Why would we not include him?
Yeah, I think we'll wait till the next meeting on that. Okay. Board discussion. Can we leave? Let's discuss how happy Tony is tonight. Let's discuss how I think we all are tonight. We all are really, but he's the most
I am very happy. Yes. Okay, that's our love of discussion, right? Board updates. Um, not much. Future agenda items. Site visit Monday night, right? 5:30.
They gave it. We had an email today with directions on where to park. So, okay. Let's not forget. And I think anybody else have anything else? No. Our next meeting is on July 31 at 6 p.m. And Mark, it's your turn.
Motion to adjurnn. Second. All those in motion in favor? I I oppose. None. [Music]