announcement if you work not going to attend. >> Good evening. >> Recording in progress. >> Good evening and welcome to the April 1st, 2026 Yarmouth Planning Board meeting. I am Joan Crowley, chair. The public is welcome to attend in person this evening
and we do have some public here. We're happy to see that or via alternate public access provided on the notice of meeting available on the town of Yarmouth website. I'd like to take roll call. Susan Brida >> present. >> Deer Gayquin >> present. >> Tom Pendleton
>> present. >> Will Rubenstein >> here. >> Peter Slovak >> here. >> Ken Smith >> here. >> Joanne Crowley present. Uh seeing that we have a quorum, I'll now call the meeting to order. And I would ask you to join us in the pledge of allegiance.
>> Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Thank you.
>> The first item on our agenda this evening um is the continuation of a public hearing for Becker's package store petition 119. Uh we opened this public hearing at our March 18th meeting at which we received
a March 12th note from uh William Lavy of the Joe Casali Engineering uh company requesting a continuence to this evening um April 1st on behalf of the applicant uh Husvilla. Am I pronouncing that
correct? >> Yes. >> Yeah. Um, the corporation corporation >> Okay. >> All right. I see an I in there. I apologize. Uh, again twice tonight. Um,
this request was due to scheduling conflicts that arose from the blizzard uh caused a lot of scheduling conflicts. Um, and a postponement and rescheduling of several of the MU municipal meetings that you needed uh to attend uh with the
design team. The owner applicant is via Corporation property location 49 and 55 Route 28 and 10 Drews Way West Yarmouth assessor map 36 parcel 778 and 79 zoning
district B2 and APD as part of a proposed building addition to the Becker's package store. The petitioner would like to add approximately 4,139 square feet to the first floor, a 2,683
square ft to the second floor for two two-bedroom residential units, and also for some associated site improvements. The applicant is seeking from us tonight, the planning board, per zoning bylaw section 202, the use regulation
table, use code A2, to allow for a fa two family dwelling. That's the request that's in front of us tonight is to allow for a two family dwelling. Any other relief would be required by the zoning board of appeals. So, with that, um, I would like to
continue the public hearing that we began a couple of weeks ago and just run through the order of the meeting and how we do this for the public to understand. Um, there'll be an introduction and a presentation by the petitioners. Uh, Kathy Williams will present her planner
memo. We'll receive public comments and questions from those who are here and those who may be joining us remotely. Uh Kathy Williams will summarize any written comments that have been received. Uh we will then uh have questions from the planning board and
then we will close the public hearing and the planning board will deliberate and uh and vote tonight um on this particular special permit request. So I'd like to begin by asking the petitioners to introduce themselves um and run through their presentation on
their request. Good evening and welcome. >> Good evening, Madam Chair. Uh members of the board, uh just for the record, my name is Joe Cassali. I'm a registered professional engineer here in the Commonwealth. I do hold offices at 300 Post Road in Warick, Rhode Island. Uh with me is Bill Levery, uh who's a
project uh manager with Joe Cassali Engineering and Muhammad Hamid, uh the owner is uh is right behind me. Um, if I may, Madam Chair, just a quick PowerPoint presentation um and uh uh to go over uh as you stated
the uh the special use permit for the uh for the two family dwelling. >> Um so that blizzard seems a long time ago, doesn't it? But it really wasn't. It was just weeks ago, that's all. Um but thankfully today was warm. Tomorrow
we'll be back in the 40s. So, um, so where are we in the community? Uh, right right down Main Street, Route, uh, 28. Um, and that's the subject parcels, uh, map 36. It's lots 77 through 79, uh,
known as 55 Route 28. Um, altogether about 2.26 acres. Um, looking at it, it's really those three uh smaller lots uh entirely in the B2 zone uh also in the APD, the
aquifer protection overlay district. Um, we do understand that there's a private right of way uh to the west of the site uh all the way to the top of the screen. Um, but our intention is to uh abandon and extinguish those interior lot lines
so we can leave one piece at about 2.26 acres. Um we'd like to uh raise just that rear portion of the existing building. Um and then uh what we would have is that proposed addition with the
uh the package store about a 5,000 square footprint on the bottom um with a couple of um of of units up top. But that's a good uh look at an aerial of what you would see with the package store there at the bottom. Um and then
in the back you can and I'll go through the residential program in a uh in a second. Um so existing foundation in that basement area really no program just electric uh sprinklers um something for the uh for
the lift. Um and then as we get up um there's the uh package store area with the sales area, the walk-in coolers and some back of house. And then on top of that, entirely in the new addition, um you're going to see two two-bedroom
units, uh unit one, unit two. Um and that's ideally what we're here for tonight, Madam Chair, is we're requesting a special permit, uh for the two family dwelling in that B2 zone. Um we understand that uh we will be before your zoning board of appeals uh for that
special permit as well as some dimensional variances. I just wanted to finish off with some of the elevations um to see what uh you may be uh approving tonight. Um the east and north
elevation. And so again um that uh the existing dimensional variances just forformational purposes that we'll be seeking before the zoning board of appeals is the two pre-existing non-conforming conditions of the front and the sideyard setback. Um we're going
to frame this site um of course with a parking area. Uh what's needed by code is only 12 spaces. Uh what you see there is 30 spaces. Well in excess of code but what we feel is necessary for the peak hours especially for the uh for the
commercial use. Um dumpster area is included spaces as well. Um we understand that roadway improvements are coming to Route 128 uh which would be a welcome response and uh
welcome to to our particular project. Uh we're going to close some of those curb cuts. So we just have one uh existing curb cuts to sort of clean that up a little bit. Um with the public health and safety um drainage um you know just forformational purposes uh we're going
to maintain the existing waterheds. We have a little bit going to the to main street um which will deal with the uh mass highway and then we have uh most of it going back to that sediment for bay that's going to go in its way into a topographic uh depression. You can see
we'll have reductions in both the uh the peak as well as uh maintain uh volumes at at basically zero. Um in in terms of the soil absorption system uh you know because of the dissimilar uses we'll
have a couple different septic tanks to break down the waste. Um we've got some reasonable water tables in the south of the property where we'll have a uh a cure type system. Uh but also acknowledging we understand that sewer may be coming to Route 28 in that area.
So we'll be able to have a uh hopefully someday a a gravity or a pump sewer connection and abandon that soil absorption system. Um water very lucky to have a couple of water manes right by the site. We'll have both domestic and fire protection um and and through those
water manes. Uh gas is also in the area. Um landscaping I believe that has been submitted and it's it's by right. We're not asking for any waiverss or variance including maintaining that minimum landscape buffer um as well as proposing as many of those evergreens as uh as we
can. Um so tonight um uh we were as you had stated back in the end of 24 uh for the site plan review committee for our formal site plan review uh the design review committee back in May and historic in July. And again uh madam chair here tonight for that special
permit for the two family dwelling in the in the B2 zone. Understanding we'll be back before the zoning board of appeals for some of those dimensional relief uh conservation commission for a storm water manage per permit. Um, I know Kathy, we talked about we do
believe we can reduce that um limit of disturbance to under an acre to alleviate that need, but um we haven't gotten that in front of you yet. And so in still that um we'll just let this uh play through. And uh ultimately the water department for for uh domestic
fire protection um and health agent for the uh the new septic system as well as mass DOT uh lastly for the uh for the access permit. Um, so again, I I would be happy as well as Mr. Hamid, uh, answer any questions, Madam Chair, of
you or members of the board. >> Thank you, Mr. Casselli. Uh, I'd like Kathy to run through her, uh, planner memo that she's provided, and I think you may have seen a copy of it. I I trust you have. So, Kathy, if I I'll turn it over to you. >> Sure. Um, I just want to highlight that
there were no written comments. I did not receive any written comments. And a positive vote this evening is a super majority. So five affirmative votes in order to pass. Special permit granting criteria is really pretty simple. You're not demonstrating there's no undue nuisance, hazard or congestion will be
created and there will be no substantial harm to the established or future character of the neighborhood or the town. It did come before um site plan review. Um and a lot of the comments that are in there are really just talking to you about other regulatory requirements that you need to adhere to. Um we did have
that whole conversation and we've had a lot of conversations about the mass DOT projects. Uh on this particular property it's very light taking. It's like a one to two foot taking um versus some other properties we've seen have been like 10 10 foot taking. So um it seems as though they can do what they need to do within
the the remaining u property from Mass DOT. um they did go before design review and they did make um some comments and you can see some changes that are here in this rendering that they're presenting now compared to the um package that you originally had where they um they took a lot out of some of
the brick um put it more as Wayne's coating and put in some additional um uh boards and shingles and then they they also reduced an upper story bumpout facing the motel to provide more more setback and then they provided the trees along Drew's way. I noticed in the presentation here that you did they did
provide the additional four trees on the east side, but that's uh something that we might want to still condition. Um the only uh question that came up during design review was the proximity of the expanded building to the eastern property line and the adjacent hotel rather than just relocating it. So
you're meeting all the current setbacks. And I believe um there was some interest in keeping the the business open during construction. And if you did that, you'd basically have to demolish the whole building and close down your business. Um, take into consideration some findings that the planning board might
want to consider in making their determination uh with regard to the special permit criteria. Um, they're consolidating all the lots. So, they'll have twice the minimum lot size required. They have more than twice the minimum lot size required for a single family home in the B2 district. So, you're not going to be increasing any of
the density uh in this area. Uh the housing will be located on the second floor to provide topof shop housing. So you're not going to significantly increase the building footprint. Um there's adequate parking is provided for the two residential units in addition to the commercial use. So you won't have any issues with where people for the
residential units going to be parking. Uh and then the development decreases the number of curb cuts from three to a single curb cut and provides for a much more organized parking lot with sufficient inlot trees. So there is a planner suggestion here for consideration um by the planning
board to um grant relief for petition 119 for the two family dwelling unit with two small conditions. One of them is what they've already indicated. The three lots must be legally combined into a single lot just to show that they have the double and then providing those 3-in caliber native buffer trees uh every 20
ft on the eastern property line where needed to screen the rear parking lot. And there's approximately uh four trees. >> Okay. Thank you, Kathy. Um, I'd like to ask the public if anyone is here who would like to comment uh to join us. Uh, Will, do we have
anybody up? >> Um, remotely. >> It doesn't say attendees. It does say panelists, but that's something different. >> That's us. >> Yes. I'm sorry, Madam Chair. Uh, David Horton is a registered architect associate. He is with us. >> Okay. All good. >> There's nobody who hasn't been promoted
to panelist. >> Okay. Great. >> I would say no. >> Uh, okay. Okay. So, there no public comments questions. Kathy, you said there were no written uh uh comments. Um questions from the planning board. Um Tom, is it okay if I start with you?
>> Okay. Um the only question I have is any plan any future plans for the back end of the property going forward? Did you still have quite a bit of a a large lot size? Is there anything in >> Not that I'm aware of. Um no, no plans currently.
>> Thank you. Deedra. >> No, I have >> Miss Gag. Okay, >> Miss Brida. >> I I have a few. >> Okay, go. >> Signage. I noticed on the pictures the word liquor appears twice. Is that one
sign on two? There's Is there another word liquor on the other side of the building, the north side? I believe it's one sign shown in two different like elevations. >> Where was the word Becker? >> I think it got missed when
it it ends up falling behind the uh the the dormer. >> I think on the drawings it says it's on the north side. >> It's on the north side. >> Is that accurate? >> Is it still neon? >> Yeah. Let me see if I can Maybe I can get to a rendering. All
>> right. So, there's I see the one sign that says liquor, but I see two signs there that say liquor. One on the left hand side, one on the right hand side. Is there one sign or two that says the word liquor? >> There's two signs >> now. >> That and then >> there's two now. >> Now,
>> and it's and it's going to stay at two. >> Okay. And then where does the word Becca appear? Facing the street, >> facing north. >> Yes. You can't. It's hard to see. >> Hard to see in that elevation.
>> That's And that's going to be neon. >> Correct. >> Back lit. It's back. >> Back. All right. >> And then the two L signs are neon. >> I think it was discussed at the design um meeting, design review meeting about
keeping the original intent of what's there. Um the overall look of that sign. currently on the building. >> I think ultimately it will be up to Mark to confirm that those signs are grandfathered. Um, but if it seems like you might be adding an additional sign,
so you should probably coordinate with the building commissioner to see if you need any sign relief before you go to the CP, >> right? >> Because right now there's one sign and so you're going from one there's one Becker sign and there's one liquor sign. So you're going to two liquor signs, but you're going to retain
the Becker. No one can hear you at home. I'm sorry. So, if you could Thank you so much. >> We have two signs. One in the right hand side, one in the left hand side. >> And then in addition, you have the Becker sign. >> Becker's we still have that, but is
lights there in the top. >> All right. But so are you increasing your signage by one sign? I'm I'm thinking that you are, but I I'm confused. >> We are not increasing anything. Whatever we have it, we just keep it. >> Going to keep and you're going to keep
one backlick sign and two two neon signs. >> Okay. >> And those Kathy have to be those are going to be grandfathered. Correct. >> I think that's something that um Mark Grills, the building commissioner, is going to need to confirm. I would assume so. Uh but I don't want to say and speak, but you should just coordinate with him on
>> David. Do you have any additional comment on that? The intent was to retain the existing or to to retain reinstall the existing signs >> for the same image of signs >> which under current zoning would not be allowed. So you have to get those
grandfathered. Correct. >> Correct. >> Okay. And you will do that or that's part of your package or whatever of approvals. >> Yeah, that would be part of the discussion with the building commissioner. >> Okay. Um any concern about traffic? You
I know you're cutting your curb cuts down to one. There's at least two there now. One's very large and one's a regular. You're cutting it. It's wide open. Basically, you can drive in office where you'd like to cut. >> You're cutting it down. You're cutting it down to one. Any Did you do any kind of traffic analysis? Because that area
there is extremely busy. >> No, be the the the existing liquor store will remain. Um the only expansion of the use would be um two twobedroom apartments. Um the threshold for a traffic study from uh Mass Highway is
normally 100 trips per day in the peak hour. We would have two trips per day in the peak hour. >> Okay. For the residents you're talking about. So they don't count the commercial capability. >> Well, they it it it it's pre-existing as it is today. >> Okay. All right. So you you meet that requirement. There's no problem with
cutting it because I believe >> the curb cuts I believe will be advocated for not to have such wide open where people can you'd want to um you know my experience is they've even been um cracking down and even wide curb cups. They don't want them at 30t 32
feet. They want them so that there's one point of ingress egress and you're teed up at a 90 and people aren't just every >> um because Kathy I think on the mass D. Is that where they're going to put the roundabout or is it going to be up at Camp Street?
>> No, it's the only roundabout is going to be at East Maine. >> That's not too far from where they are. That's that's like 50 yards from where they are. >> We we've been in coordination with Mass uh DOT with this project. They are because it's a little unique that they
have this corridor project happening. Um we've been working with them. and they're revising their plans to match this project because they they have the ability to do that now because they're working on the >> what are they exactly what are they matching >> with our consolidation of the curb cuts
from the original plan that I think that was shared originally >> to do two two of them >> they were they were expanding the existing condition with the the landscaping in the bike lane now they are conforming to our proposal with the the common curve cut and changing make
so it's going to have more landscaping in the >> Right. Right. I'm just concerned about the distance between that roundabout and the entrance to your your property. >> Yeah. Know if if anything we're actually, you know, we're we're consolidating and bringing it away from >> moving it further east. Yeah. >> And you're away from that new like Home
Depot kind of store that's right next to you. What's it called? The >> It used to be the unpainted furniture store. It's now called something. So you're that's between the roundabout and you So >> go to one of the site plans that you have. relax
and then I think you get to the mill store and then beyond that would be the right >> and D do D do D do D do D do D do D do D do D do D do DOT's you've discussed that and they're they're fine with that distance okay the the trees that you're going to plant are you going to have an irrigation system on the on the site
>> yeah we're going to need to to to keep those trees um stable. >> Yeah, I know. That's what I'm concerned about. Do you have an irrigation system to >> Yes. Yes, we will. >> Because I did not see that in the I did not see that in the in the document. >> Yeah. Not not Yeah. mechanical at this level. We're we're just here for the
special permit. Um but yeah, we we just haven't designed an irrigation. >> Okay. And you'll you'll include that in your documents. >> It can be part of the record for um one of the contingencies on approval. >> Yeah, I think it should be because Okay. And then these do you right now the setback requirements you're going to ask
for zone from zoning is that just front setbacks >> front end side and they're both pre-existing non-conforming today. >> Which side the uh >> um the west side >> west side >> um and the north side which uh excuse me the east east and the north side uh again and they both exist today. Um so
uh if denied um you know you're playing it forward the building still exists in the in and the two still the same >> is actually going to be pulled in a little bit >> more of I I I just don't see much reason of denial where if they did deny it, you
know, it still exists, >> right? Is that one of the reasons why you're keeping part of the main building? >> No, we want to keep part of the main building so we can keep the business open. >> Okay. >> Oh, I see what you mean. That's right. You don't want to close the whole business just to alleviate a pre-existing non-conforming condition. It's
>> all right. And can I just one other question about the signs? They're going to be the exact same size as they are now. >> That's that's the proposal. Yes. To have them um to look the way they look. I understand that that nostalgic look was wanted by the design review commission um to keep that look in the area. So, yeah. >> Same size.
>> Yeah. >> Okay. That's that's all I have. >> Okay. Thank you. Uh Mr. Rubenstein. >> Hi. It's a really nice building. Thank you. Thank you for being here. Thank you. I am done. >> Thank you, >> Slovak. I >> I think it's also a very nice building. I think it's going to be, you know, the
welcome to Yarm. It's sort of the first change of what's happening. >> Um along the same lines as what Susan said, irrigation also in the lawn areas, not just the um >> all the landscape areas will have irrigation. >> Okay. Um housing employee or market
rents or any plans on what the housing is going? the market will will determine it. Probably just market rents. Um I I don't know that he'd want to just uh stipulate to employee only. >> Okay. Plans to get rid of those ugly yellow clothing dumpsters in the parking lot.
Tend to accumulate furniture and other garbages. >> Okay. >> Just, you know, welcome to Yarmouth. dump your clothes here is kind of, you know, >> and I think I think because Peter, I think because there's going to be housing there, I think they have to get rid of the dumpsters. I don't think they
can. I think there's some requirement if you've got if you've got housing, you can't have within so many feet of a of a clothing donation. >> Oh, I know that. But I think there was I thought there was some regulation that if you're within so many feet of a of a residential
>> I don't think so. >> Okay. >> They're ugly anyway. They should be getting. >> Thank you, Peter. Mr. Smith, >> thank you. I I'll echo my colleagues here. I think it's a very nice improvement to the building. Just a couple questions. One, um, loading zone.
I know the way liquor comes and is distributed. Where is there a loading dock? And I guess secondarily is where do you propose the parking for the housing to be? Because the way I interpret it, the right side of number
five being your loading area. Correct. >> Right. >> So, so this right here is um >> a back of house would be entrances for the housing. That's exciting. >> Yeah. >> Goodness. >> So,
this would be the door to get to the housing. >> Yeah. I I wasn't so much worried about the housing entrance. I think that's fine. I looked on the plans to see where it was. What I was really concerned about, you back an 18-wheeler up to start unloading it and then you got tennis trying to get their cars out and
just somewhat of a small traffic nightmare there in the back of the lot was just my my comment to it if it was going to be a designated loading zone because right now it shows his spaces. >> Yeah. Yeah. So, you know, uh the the owner will have to you know establish with their
>> deliveries vendors. I mean, but that the door is uh >> Yeah. on the side there and access via, you know, hand truck into >> Yeah. So, I think you're going to see loading right right probably in front of the liquor store. >> Okay. >> Um, and I think you're going to see all
the residential parking would be those five spaces closest to the southern point of the building. Yep. >> You know, I think all the residential I'm sorry, I can only go uh so far, but uh you know, all those residential spaces are down in here, those five
spaces. And I think loading is probably right in the middle. Um and and and yeah, he has to be a little bit cognizant of people passing um when they're trying to get in and out. But I I'm sorry. Go ahead. >> What size vehicles are you having for deliveries? Are they box trucks or track? >> They vary. When it comes to liquor
vendors, they vary. >> I don't think fit in there. Um I Yeah, >> box trucks. Okay. >> Tractor trailers go in there now. Yeah, >> I I think they could go in there now and turn around. I don't think they will be
able to go in there in the future. And those >> El Knife, the Budweiser distributor, almost all of their trucks. I'm in the restaurant business. Almost all their trucks are tractor trailer trucks, not 60footers, but they're still tractored trailers. >> So, yeah. I mean, those, you know, those
vendors, those professional drivers, right? They're going to have to >> figure it out. I'm just, you know, where I'm figuring out, those drivers have figured out. What I want to make sure is your tenants figure it out. >> Yeah. >> And then the last piece, which Peter touched on, whether it be employee housing or if it be market rate housing,
if it is market rate housing with families, but my one question is, do you plan on doing any type of green space off the south side of the parking lot? You know, I mean, I see nice lawns around the liquor store and huge improvement. Don't get don't take it the wrong way. No, no. >> I'd like to see a little some sort of
green space for our family to go outside and then have a picnic or something, you know. >> Yeah. I mean, I think there's ample areas to put green space. >> I think there's plenty of space. That's why I'm asking. It >> It was our intention with the two-bedroom units not to attract families and build three and four bedroomedroom units, which would be more
prominent to families. Um, is there ample area for for a little green space? Yeah, I'm sure. I'm not talking about, you know, lying the whole south side of the property, >> but um, you know, I don't think it was our intent to bring kids and families next to the liquor store and that type of mixed type use scenario.
>> Okay. Thank you. >> I would just >> Great improvement to the property. >> I would I would just point out that you can't back out onto Route >> 28. >> That's right. >> It's illegal. >> Uh, I I just have a a couple of questions. Uh you mentioned that the uh
a portion of the liquor store will uh be continuing in operation. >> Yes. >> Um and that looks like onethird of it will continue and twothirds you're going to demolish >> based on your your um your drawings
here. um the um the improvements that you're going to make to the one-third that's left um uh will that affect the resident I mean I'm presuming the residential will already be in will be done and then
you'll go and refurbish the liquor store. >> Um David before we let the architect speak to the phasing. >> Yeah. >> David, what's our your intention there? So, I think we we've started I think the intention is is to try and get as much
of the addition built before we have to even like I think it's it's trying to get the addition built get that completed and then once we get that completed work towards the front of the the front of the building. Um,
we haven't fully like like the the logistics of the phasing will have to come through with the general contractor and coordination with the building department just to make sure that we can gain occupancy when we need to and then
maintain occupancy throughout. But we'll be the intent would be to do as much of the addition as we can, get that occupiable and then do the work out in the front of the building. But but it's not our intent to have occupancy for these um residential uh patrons while
we're building out the commercial. That's all has to probably happen at once. >> Correct. >> But but the the the the you've said it a couple of times, the you want to keep the you want to keep the commercial activity going.
>> We do. >> Uh as long as you can, but at some point it has to shut down. >> Uh I I I I yeah I assume at at in in off peak hours yes it has to shut down but the intent is the certificate of occupancy to happen for the whole
addition at once. >> Okay. So >> it's not our intent to have residential people in there while we're constructing >> deconstructing is what I'm worried about. Y um and um I'm sure on your drawings it's uh the whole lower level
is Beck is Beckers. >> Yes. Okay. >> So, there will be a brand new part of Becker's, >> right? And I think that's a good um synopsis. You can see the existing roof and the new roof. So, there wouldn't be a way for us to really be doing demolition if that unit two and one were
built to the point of occupancy. >> Okay. >> Um but but yes, uh the first floor uh that's what it will look like. Um again, you can see a lot of the stuff that we're building uh in terms of back of house. um the walk-in coolers, but some
of that sales area we're going to try to keep open as as as uh much as practicable. So, we're keeping um about 900 square ft and adding about 4,000. >> Okay.
Any other questions or or comments uh from the board? Um okay. At this point, I'd like to close the public hearing. Note the time at 6:04. >> Going to vote it. >> Um
any any concerns about um >> Are you going to vote the closing? >> Oh, we need to vote the closing. Thank you, Kathy. All in favor? >> I >> Who's the motion and who seconded? I'm sorry. >> Second. >> Thank you, Kathy. Someone's keeping
track. Um so on the special permit request uh uh if anyone has any other further comments uh to uh make any further conditions other than the two that Kathy has recommended uh and the petitioner has already included
>> the irrigation it sounded like people wanted to provide irrigation for landscaped areas. So we'll add that as a third >> condition. Kathy, >> provide irrigation system for landscaped areas >> for the entire site, right, Peter? You wanted it for the entire >> everything that's green on this plan that we see.
>> You say landscaped areas and lawn >> the landscaped areas. >> Landscaped areas kit lawn but unless you want to know. >> Okay. All right. So, I've added that as a third condition, Kathy, to the motion.
U So, with that, u may I have a motion to grant relief for petition number 119 from section 2025. A2 use regulation to allow for a two family dwelling unit to be located
within a B2 zoning district at 49 and 55 Route 28 and 10 Drews Way West Jarmath with the following conditions. The three lots must be combined into a single lot. Condition number two, provide 3-in caliper native buffer trees on the
eastern property line where needed to screen the rear parking lot. approximately four trees and three provide irrigation um on all of the landscaped areas. >> So moved. >> I have a motion. >> So moved. >> Second.
>> Second. >> Any discussion? >> All in favor? >> I. >> All right. >> Thank you very much. >> Good luck, guys. I would not want to be living there.
>> Yeah. Thank you for coming. Great improvement. >> Looks great. >> A nice package. I want to say that. Nice plan submitt. Thank you. >> Thanks very much. >> Take care. Yes, he'll bring especially with all the
little >> treatments. Yes. Thank you for helping me understand that building is a north building and elevation makes it look like an east west building. >> Good evening. >> Good evening. >> Uh the second item on our agenda this
evening is a VCOD special permit request. >> Review. >> Sorry. Site plan review special permit. >> Uh SPR. I'm not going to get all my acronym right, Kathy. Sorry. Site plan review.
>> Yep. The SP got me, you know, going. Sorry. Uh uh number 2025-2. The residence is at Parker's River. Uh the applicant owner, Steven M. Catz. Property location is 703 Route 28 South
Yarmouth. Assessor map 32, parcel 120. zoning districts VCOD, VC1, VC2 Road, and HMOD1. The applicant proposes to develop the property by raising the existing structure and replacing with six
dwelling units in three duplexes along with related utility and site improvements. The site will be redeveloped utilizing zoning bylaw section 414, Village Center Centers Overlay District VC1.
Um the uh representing the the uh uh applicant uh is BCS group I think is here. There we go. Um Brian Tagian. >> Yeah. Sorry, I knew I was going to mess that up. Um so we'll go through
>> You did better than most. >> Yeah. Um, we'll go through your presentation and then as Kathy will run through her planner memo. So, welcome and uh we're pleased to see this. This looks this looks really great. Thank you. >> Well, thank you very much. And for the record, my name is Brian Ygation. I'm a
professional engineer with BSC Group. Um here tonight uh representing the applicant Steven Katz and uh in our application where we are seeking planning board approval uh in accordance with section 414 of the of the Yarmouth zoning bylaw. Um seated with me to to my
left is Mackenzie Morrison. She's a civil designer with BSC Group. And in the audience we have uh the owner and applicant Steven Katz. And then I think behind me is Eric Tolley who's the architect on the project as well. Um we just for quickly uh we were before
the design review committee back in January. Um we had a very good meeting. We incorporated a couple comments that they had and then we came back in February for site plan review and um all the all the comments and so forth that we've received up to that point have
been taken into effect and that's what has resulted in the plans that we have before you. And with that said, I'd like to turn it over to McKenzie um who spent a lot of time working on this project. She knows the site very well and I'll let her tell you about it. >> Great. Welcome.
>> Thank you. Good evening everyone. As Brian said, my name is Mackenzie Morrison. Um, and I'm gonna talk a little bit about the proposed residential development at >> Mackenzie, if I could just ask you to move the mic a little bit closer so the public who might be watching can hear. Thank you.
>> Um, so in addition to the and this is a rendering of the final conditions of the site, but I'm going to move into the existing conditions and talk a little bit about that. Um, so the parcel is a little bit under an acre. It comes in at 35,248
square feet. Um the the site was last used as an office and furniture retail and repair shop and you can see the existing commercial building on the eastern side of the property. The property abuts the Parker's River to the west and a bit to the south. Um and the
Pier 7 condominium is located east of the property and it is off of Route 28 to the north. There are two existing curb cuts, one on the eastern side and one on the western side that lead into an existing parking area. Um there are
two existing easements along the Parker River. One being a 20 foot wide pedestrian easement and the second a 15 foot wide vehicular easement. And these both allow for public access down to the Parker's River. In addition to that, there are also
various wetland resource areas located on the property. Um, the property is within the FEMA flood plane zone AE at elevation 11 and 12. It's also located within riverfront area and multiple buffers to coastal bank. Um, there are
no existing storm water facilities on site. However, there is an existing on-site sewage disposal system which you can see um just west of the building that and that connects into the existing building. There are also various other
existing utilities such as gas, water, and underground or electrical services which I'll speak about um more shortly. And I just wanted to point out the fact that a portion of the existing building, a portion of the um parking area and the
existing leeching field are all within the um resource area buffer zones. Taking a look at the proposed design, there are three duplexes proposed with a total of
six residential units. Um each are going to be approximately 1100 square ft and will building footprint of 6,600 square ft. And as I previously said, the building is within the FEMA flood plane. So all
all buildings have been designed um to be flood plane compliant. Uh each unit will have ongrade covered parking area um which allows for two parking spaces which is in requirement
meets the requirements 414.7.1. And as you can see, we really tried to concentrate all of the imper imperous area on the eastern side of the site to keep it as far away from the Parker's River and those buffer zones as possible. And we have eliminated that existing
curve cut on the western side and reconfigured the curve cut on the eastern side which will lead into the proposed 22 foot wide driveway and that will come into the site and lead to all six units. At the southernmost portion of the driveway we have a 12t wide
turnound which will allow for emergency vehicular access into and out of the site. And this the driveway will be by a 6 foot high cedar board fence in addition to some existing plantings that
line that um eastern property line and this design will result in an overall decrease in impervious area of approximately 7,645 square ft. So at the how storm water is going to be
proposed on site. Um right now as I said previously there are no existing storm water facilities. So any storm water runoff on site will just um sheet flow down into the river and pick up any sediments without any sorts of controls. We will now be capturing and
infiltrating 100% of the imper proposed impervious area using a underground infiltration system. And on along the driveway, we have water quality inlets that will capture the runoff from the driveway and pre-treat the storm water prior to infiltration
within the chambers. And the runoff from the roofs will be captured by downspouts and then conveyed into the system as well. Um the decrease in impervious area will provide additional recharge to
groundwater as will the proposed system. The system will also attenuate the peak flow rates and provide treatment to storm water. The system has been designed in accordance with the mass D storm water handbook, the town's storm water
management regulations, and it has been designed to completely store and infiltrate up to the 100redyear storm event. All right. So looking at proposed utilities, um this project is located within the phase one of the comprehensive sewer
main construction project and the applicant plans to wait to construct until the main has been installed. So that way we're able to just connect right into the main rather than having a temporary sewage disposal system. And we've been in coordination with the public works department to determine a
stub location which you can see on the plan. Um there is also, as I said previously, an existing water service that's one inch um that comes onto the property. We are proposing to remove and replace that service with a 2-in
service. And that twoinch service will come in and then split off at each unit into oneinch services. We have um new gas and underground electrical proposed as well. We will be tying into the
existing utility pole that is shown on It's in the northeast corner of the property. Um, and they will a drop will be installed at the pole and the the electrical service will go underground and connect into a transformer that's a boat in that same location. Um, and this
will this design will be um provided by Eversource. This transformer will also be screened by plantings as you can see on our landscape plan. In addition to those plantings used to screen the transformer, we will also
have three street trees along Route 28 um in compliance with the town's bylaws. And along the Parker's River, we also have various native species proposed. And that is not only just to mitigate for the proposed work within the 50 foot
buff um buffer to coastal bank, but to also enhance and improve the buffer zone as a whole. Um it's a little tough to see here, but we have a 5 foot wide pedestrian path that runs parallel to the Parker's River, and that is within that um pedestrian
easement that I had mentioned before. And we have three breaks within the native plantings to allow for circulation down to that pedestrian path. So um the public access to the river will be maintained as a part of the project. And to kind of wrap things up, we do
believe that this is an overall betterment. One, we are decreasing um the amount of imperous area within an ecologically sensitive area buffer zone. We're also removing a non-compliant sewage disposal system. We're providing housing, much
needed housing. Um, we're decreasing the number of curb cuts which will improve the safety in this area. And we're providing treatment to storm water runoff when in existing conditions there aren't there is none. Um, and in addition to the VCOD planning board
approval, we will also be um filing a notice of intent with the conservation commission as well as requesting a variance with the zoning board of appeals for um proposing the two family dwellings within the BC1 district. And finally, once we have received all
local per approvals, we will need to obtain a ma Massachusetts Department of Transportation access permit as well. So that's all I have. Thank you. >> Thank you. >> We turn it back over to you for any questions. We're happy to answer.
>> Do you want to show any more details on the architectural? >> I think we should Can you click over to that one? Let's just leave that one up, I guess, for now. It's a nice plan to look at. >> Have you did you want to go through your >> Sure. planner memo? >> Sure. >> Um, this is a little simpler. It's a
VCOD site plan review. Um, so it is a general, it's a majority vote, so four out of seven would would suffice. Um, they did go through the design review committee as Brian mentioned, and they did address a lot of the design review committee comments. Um, renderings that showed the building
colors and additional elevations for all the all sides of the three buildings. They also moved the street trees and transformer back from Route 28 to accommodate a future taking for the mass DOT corridor project. This is east of Parker's River. So, this is a section that has no plans yet, but following the
same um section. It looks like they're going to probably need to take a little bit of that area. Uh, as they mentioned, they they also relocated the transformer from in front of the building to the east side of the driveway uh and screened it and then they changed that type of fencing u from a PVC to to a
wood. Um some things that came up in design review that kind of got resolved a little bit later uh had to do with the building commissioner has determined that the side and rear buffer trees are not required except when the BCOD project abuts residential property. So just having it vegetated uh these areas
vegetated uh is sufficient to meet the bylaw. Um also um I had misread the plans and they don't have any um building dimensions that are 50 feet uh or greater than 50 ft. So they don't need that modulation that was referenced in the design review uh committee um
notes. Um the only outstanding item from the design review was regarding to that center building and it didn't have any variations in the wall height. Um section uh building strategy section 4 requires some type of variation in the building height. It may make some sense to seek relief um for that center
building height since you're going anyway for special permit for the duplexes um because it's not going to be very visible. You're not going to see it very much and it's not going to make a significant amount of difference for that. uh the planning board may want to offer some support for that or not uh in
in your um in the in the discussion portion of uh the decision for the site plan review. Um the one thing that did come up in design review um had to do with the number of parking spaces. There's two parking spaces located beneath the building. Um however, they're four bedroomedroom units each.
So there was a lot of concern. there's really no location for any on outside parking uh without impacting emergency vehicle access and that type of thing. We want to make sure that maybe some want to have some discussion about that. I know that Steve Katz, the owner, had
mentioned that maybe there could be four parking spaces underneath, two in tandem. I don't know that's something that we can really dictate, but this is something u we want to be sure that people are not blocking the driveway for emergency access. Um, deliveries and moving vans might also be a little bit of an of an issue as well and people
coming and moving in initially. They're going to have to kind of figure that all out. Um, they also have some the fencing that McKenzie mentioned on the on the east side. It's it's kind of really close to the to the driveway. It might make some sense if you can to move it a little bit closer to the the vegetation
without impacting negatively the vegetation just to give that turning radius for vehicles to move around. >> That was the that was the concern with that was the proximity to the trees. pretty big mature. >> They're very dense. Um there just something to to think about with
regard to that turning radius. Site plan review team um did meet. Um one of the things that came out of that was due to the proximity of the site to the Parker's River. The project qualifies um for revised setback of having a minimum of 30 foot setback on route 28 instead
of having a maximum setback. That's because we didn't want to have a building right up next to the river. We wanted to be able to have that nice escape so you could see u portions of the of the river as well. Um so I think that right now from the building department the special permit relief is needed for the duplexes and again the
planning board may wish to pro provide some support in in the decision regard to that um planning and community development one affordable unit is required I think there have been some interest expressed in the payment in lie of option um for that uh conservation engineering they obviously as they
mentioned they'd have to file a notice of intent and they have going to go through a whole storm water uh review as part of that uh as well as engineering is going to be reviewing Um, this project got taken a little bit out of sequence because we thought we were going to need to go Oh, no, no, we didn't. We went through I'm thinking the
other project we just went through. Um, so that's going to be Stormwater is going to be addressed through those concom um getting their building permit. They're going to need to get the sign off from the engineering department which is also going to look at it. I did coordinate with the fire department and they didn't have any issues with regard
to there being no sprinkler or an added fire hydrant. So, they were fine with that. And as they mentioned, you're going to be connecting into the municipal wastewater system once it's operational. Um, so there's a few very few um suggested conditions with regard to approval. Um, just that all parking
to be located beneath the building with no parking allowed along the access road to ensure emergency access, providing the one affordable unit in compliance with zoning bylaw section 412, and then just denoting that any relief required shall be sought through the zoning board of appeals because we're not giving any
relief by the planning board. Okay. Thank you, Kathy. Uh, questions from the board. I'll start with you, Mr. Smith. >> Thank Thank you, Madam Chair. Uh, just a couple things that I First, let me say huge improvement to the site. Okay. But
I did have a concern. I know site plan touched on it. I have a concern there is no, I guess, not going to have any visitors because there's no place for them to park. So, there is, you know, I have a concern with not enough parking. You know, people are going to be coming and going, moving trucks, whatever the
case may be. and the two spaces. Yes, it meets code, but help me to understand where we might be able to park a visitor's card. >> Sure. So, >> yeah, it it is definitely tight. Um, but there is ample room underneath the building where if the owners they they
know they obviously they know they're going to have guests, they can pull up a little tighter and we think you can actually get four cars um >> within the garage structure. >> Garage. Yes. >> Okay. Um, secondly, is it a is it a sprinkled building? Are these buildings sprinkled?
>> It's not. It required. >> I know it's not required. I just didn't know if it was a something to potentially do. >> No, it's it No, we talked about it and you know, the fire department was very comfortable with the location of the existing hydrant across the street. It's only about 150 ft plus or minus from the
site. So, they felt good with that. And yeah, >> and these units are for sale. They're not rentals. How many I just wanted clarification on that. >> Uh, they're still for sale, right? Therefore, so >> yes. Okay. >> Yeah. >> Thank you. Thank you, Madam Chair. >> Yeah, Mr. Slobe.
>> I just the concern is with the parking because I especially if they're for sale in the four bedrooms and people are going to whether they're used year round probably more likely they're going to be seasonally occupied at least some part which it's going to create a greater need for parking. It's just I just think
there's going to be parking access issues for people that live there. Um, can you can can I ask what is what is this uh plan? There's a traffic I think it's page C2. I was curious. It shows a
more curious here. Vehicle tracking plan. >> What is that? What is the Is this vehicle doing some sort What does this show us? >> You want to take it? >> Emergency. >> This is what we will use to kind of simulate a vehicle like driving in and
out of sights. It's extremely conservative and like you're basically driving it with your mouse. So, it's it's much more conservative than an actual profession professional doing it. Um, so they wouldn't have to do this multiple point turn that's shown, but
that's all that the program is an ambulance. >> Yes. >> So, so does that show that it's difficult to turn around and get out? Is that what that 100 point turn shows right there? >> I don't I'm just curious.
>> Yeah, it it it's definitely tight. Um but it's not as tight as that would suggest. Like McKenzie was saying, it's unfortunately there's no automated routine in the program to to do a three-point turn. So, you have to have a very steady hand and you know, it's uh
the program's conservative on top of that. So, um but yeah, I mean it's it's certainly going to be tight. No question. It's It's tight. >> And the trees that are along the side, they're leaning cypress or something because they are huge. So >> yeah, they are huge. >> They are, but they they they serve a purpose and you know,
>> so the roadway, the driveway that you show there is taking into account the size of the existing trees. Now >> it is. And we've kept it um you know, we've kept the drive intentionally as far east as we can. Keeps it away from the resource areas. Um which is the obvious, you know, reason for doing
that. Um, yeah, it's a great building. Looks great. Thank you, Eric, >> Mr. Rubenstein. >> Hi. Um, it's a really nice building, I should say. I have a couple questions. One is, is there How is the trash being
removed? I don't see a dumpster on here, unless I missed it. >> Yeah. No, you you didn't miss it. There is not a dumpster. Um, traffic uh excuse me, trash is going to have to be picked up um you know, by private haulers. >> Okay. Um, the other thing just has to do
with with the parking and just I'm just trying to play this forward three years from now when beautiful when nice people are living in these beautiful places. I just don't understand. I just fundamentally don't understand. I lived on Cape Cod for 23 years. I see
one-bedroom houses with five cars parked out front. Everybody knows what I'm talking about. So, please help me understand how we're supposed to approve something that shows two cars for a fourbedroom. >> Yeah. I mean, I don't I I again, I'm not trying to be oppositional. I just don't
understand how this set of buildings functions on Cape Cod. I I just don't understand it. And I'd love to hear how we can bridge the gap between what looks really amazing versus the the actual
execution of human beings living in these four-bedroom apartments. and how and the number of vehicles. I just don't understand. >> Very fair point. Um and like I said, you know, we believe that with some careful planning and if you know you're going to be having guests, you you do it
accordingly, but we believe you can get four cars comfortably underneath in each garage space. That being said, when somebody goes to buy this, they're going to know right up front that a you have, you know, four space. You have the within that garage space to park. you
cannot park outside and that that's just you know if you still if you're okay with that then I guess it's the place for you and if you're not I guess you have to move your search somewhere else but it is it is what it is we don't have the more room for it I wish we did
>> could you just go down to the actual floor plans at the at the end here is the architectural plans and just show people what you're talking about with the additional because there is a sun room and there's also closed off area. How that would
work? >> So, so it's about 30 feet um that we have available. So, you know, two 15 foot cars and park in one in tandem and then side by side.
I'm just wondering whether you can accommodate it to actually show that and make sure that people can can do that because there's a sun room here and I don't know how a sun room applies with a FEMA flood area whether that's even something kosher. So could you literally
show the double tandem? >> Yes, I mean we we could we could certainly put them on a plan. Um but they're you know not everyone's going to have a car maybe that that's 15 feet but um we can show like a typical >> I'm wondering whether you need to slightly modify the floor plan so that
you can show that you can comfortably show two T. So a total of four two and there's a question for I'm staring at Eric >> I'm sorry you got to talk >> I can get six Kas in there or two suburban
which would you like the floor plan to reflect? >> So you think right now And this is a question. So you think right now that you could show two reasonably sized vehicles like CRVS? >> I have F-150. I mean, it's going to take up a lot of space.
>> Yeah. A fullsize pickup truck is 18t long bumperto-bumper. You're not going to fit four pickup trucks underneath these things. >> But a but a a common sedan, yes, you probably you could get four cars into this garage.
>> Well, can I ask a follow-up question? um about all this. I appreciate you showing me the detail. So, if you're let's say you're coming to a birthday party at these apartments and you're a guest, where are you supposed to park?
I'm I'm just asking in terms of your neighbors, like where do you go? Forget about the garage spaces, they're taken. Where do you go >> if if your drive if your plan is to get there by car? I mean, >> well, I'm sorry. I say this with respectfully. This is Cape Cod we're talking about. Yeah. >> So, please.
>> Yeah. No, I mean I I can't make it up. I you know, >> but I mean, but let's not insinuate that people are going to get there on a bicycle or or boat or something like that. Like, where are all these people going to park? I just I don't I don't know how else to say it. And I don't feel like there's really good answers. And again, I understand the market will
decide and people will buyer beware and all that stuff, but honestly, if you were sitting up here in my position, I think you would be saying the same exact thing. I just don't understand what people are supposed to do. And I also understand that that's
their own problem. >> But I also don't feel like we can also just sit here and allow us to create a problem. >> I'm not sure. I'm trying to wrestle. I'm just wrestling with it. >> Yep. No, I I I fully hear you. Believe me. Um and I understand. But then there's also the other side of the coin which I think you also have to look at
and that is the zoning bylaw requires x number of spaces and we're providing that. Of course, >> I I know that's not a good answer, but it's an you know, it's the best I can give you. >> Well, I guess what I'm saying is because I I I have to think a little harder about the actual the neighbors. We obviously know what your neighbor to the
west is. It's the Parker's River. But again, I'm just wondering where is somebody supposed to park that is a guest at an event in one of these apartments. >> Wrestled with this problem. >> I'm sure you have. We'd love to hear from you. >> Eric, hold on.
Can we give you a mic? It's just for the people at home. >> Eric's done maybe six designs for me at least. >> He smiled. I'm guessing it's more. >> Yes. So, okay. It's okay. >> Let's go with six. >> Parking's been the problem from the beginning. >> Yeah. So, originally it was going to be
one building, parking under the building, figure out how to turn around. Then it was going to be six individual units, but that didn't meet a certain setback. We We were off. I wanted a paved area in the front of
the building as well, but I was told I couldn't do that. So, there was no way to get around the parking. It was either put up a commercial building with some underground parking or do something that was aesthetically pleasing. >> I I I had no idea what to do. Eric came
up with this which was absolutely beautiful. But if you have any suggestions and No, no, I I don't mean it that way, but I mean, if I could get parking was my main concern. >> Yeah, >> I agree. >> I mean, I think because again, I think it's on multiple levels. I think we're talking about four bedroomedroom units
with perhaps four perhaps four spaces. It just depends on the size of the cars and you can't there's no way of possibly knowing, you know, how that's all going to fall. And even if that falls correctly, um, we all know what Cape Cod is like, and to expect there only to be four cars for a four fourbedroom unit on
the Cape is maybe not reasonable. And then I just, again, I I don't know the area well enough, and I probably should have studied a little harder, but is there actually a place for someone to go park that is a public parking space within a reasonable amount, a reasonable walking distance if
you were coming to a birthday party at these apartments? Like, could you park down the street? I'm I'm asking because I just don't know. >> There's like >> with the park. Could you park at the park? >> You You could park at the park. >> There you go. >> You could park at the four parking
spaces um part of the Holly. >> There's like four parking spaces there. Uh for temporary, like literally going to a party. Um but I think this is the concern is they don't necessarily want >> um if it's a party, it's one thing
because there's a short duration, but is this like who's like coming and it's like they want to be parking there overnight or something. >> Oh, no. No. Yeah, I wasn't even contemplating any of that and I can understand why that is not the desired outcome. >> The lobster boat is not going to be happy with people parking in their parking lot.
>> Um, so yeah, it is a little tricky. That's why I think like if you can at least get four fulls size reasonable fullsize parking spaces, I think that's the best we can do. Um, I think you can and I just looking at it I feel like may
is there some way it could be some minor modifications to be sure that you can get in those full parking spaces because if you try it in tandem you're going to be right next to those staircase and it's going to be a little hard to open your door and get out. Think you could easily get like three
spaces comfortably but one one would be a little tight. I I really do applaud the, you know, the exterior look, the way it's respected Parker's River, you know, the way you've, you know, even put in, I think you mentioned, uh, there's some spacing in between the the landscape so that people can access the
river. Like all of that is great. I'm just in five years there going to be people who are going to say, "How did this ever get built?" And I'm not saying that disrespectfully, and I'm not saying it was done illegally because clearly it won't be. But just in terms of the actual living where you're
proposing for people to live, I just I'll stop saying it. I'm just I just I'm wrestling with it. But I guess >> that's the point though that they have made. >> They've they've satisfied their requirement. >> They have satisfied the requirement and that's a requirement that we set and if
we need to change that, we should think about changing it. But they have met the minimum requirement. they're meeting our bylaw. >> Um we're at and and they know that this listening that this is an issue and that
perhaps Mr. Taly can make sure that there are four spaces available. Um but again it's I liken it to um another not as beautiful but right at um Herring
River when you cross from Dennisport into Harwitch. It's right on the river. They're town houses, one right after another. There happens to be a public boating ramp there. >> Um, and I believe the park I'm not sure if the parking is underneath there. I don't think it is.
>> Not under the buildings. >> It's very limited. And those sold. >> We did that project as well. >> Oh, I didn't know that. Um, uh, >> it's a really nice project. >> Uh, so I I think that's where we need to focus on have they met the requirement
or not. >> Okay. >> And they have. Thank you, Madam Chair. I'm finished. >> Mera, >> I agree. I think it's a sort of the comment you made about buyer beware. When people buy those units, they're going to know what the situation is. And if they're going to have a birthday party, Will's right. They're going to
have to figure it out. They either tell them to go across to Captain Parker's park at the the uh or even uh what's the pirates? >> Pirates Cove. >> I But the bad side of the you have to cross 28 to get to the party. But you know what? Julian's right. They We have
our standard. They met the standard. We can't organize and govern based on what we think might happen. This is what we asked you to do and you've done it. So, and when people buy those units, they're going to know that. There's a there's a lovely development on Lewis Bay
Boulevard. Same thing, Will. They when you when you rent in there, absolutely no parking. The only people that can park there are the people renting. And if you have a party or something, which my son does all the time, we walk down because it's near or someone drives us down and drops us off. But you're right,
it's it's a it's a it's a problem that the owner is going to have to absorb and solve. The town cannot do that. We can't come up with any kind of plan that would would address that. >> I just don't think we should make I don't think we can make a condition. >> How many people go to a party? They may be unpopular. They may never celebrate a
birthday. I mean, who knows? They may be very unpopular and have no friends. Madam Chair, I wasn't suggesting any conditions. I I wasn't going to that level and I think I >> But it's a real problem. >> I've I've gone on long enough about it. I hear you. I respect what you're saying, but I wasn't even offering any
conditions. >> I I just >> I hope it all works out, Madam Chair. I'll put it that way. >> Okay. I I do have several other questions. Can I just clarify when you drive in, is there enough room to turn around in the back and get back out or do you drive around the back of the building? How do you get on and off the
site? No, you're going to have to do you're going to have to turn around in your own. >> All right. And the fire department's okay with that. >> They they they are they they don't love the situation, but they recognize that there's nothing we we could do. And >> all right. So, a moving truck there's
enough varian there's enough turnaround radians at the back that like a moving truck could turn around and get back up. >> I don't to be hon we we evaluate our turning movements were based on an ambulance. I don't know what size movement not certainly not a huge truck. I would check that out because if
there's moving trucks, they need to be able to turn. They can't back out. As Kathy has said, you cannot back out under 28. So, that needs to be I think needs to be clarified. >> Um, >> the seaw wall, the stones, who owns that seaw wall? >> You the entire seaw wall around the
site. >> Okay. And you So, you're going to maintain it? >> And you're going to maintain it? Okay. So the so that's not going to be part of the the um condo association maintenance plan. You're going to maintain that as the owner.
>> Whoever whoever owns the property at the time it's their responsibility just like the lobster boat restaurant the wall that's caving in. Unfortunately that's their responsibility. >> All right. So that so the responsibility for the maintenance of the seaw wall will be part of the condo documents. >> Okay. That's we Kathy we need to make
sure that um and you did say you're going in front of conservation commission. Correct. >> Yes. >> Okay. Um the irrigation system, you mentioned an underground irrigation system at the the piece of the property closest to the Who's going to maintain the immigration system? >> It's an infiltration system.
>> So it does need to be Okay. >> And then the buffer zone is 50 ft. Is that what you said? >> We're impacting the 50 foot buffer zone. >> You are. Okay. And >> the majority of the site is between the 50 is located between the 50 and the 100
foot buffer zones to the coastal bank. However, we do have one small encroachment into the 50 foot no disturb buffer which obviously we're going to be that's why you see such a one of the reasons why you see such a robust planting plan. >> And you're going to have an irrigation
system on site. >> We actually weren't. talked about technically couldn't. Correct. >> I mean, they were >> I think there was a question of conservation whether they would allow it or not. I think that's something when
you go before them, you should ask. >> Yeah. >> The other meeting they weren't sure if they would allow it. >> I asked a design review and they said the conservation wouldn't allow it. There was some reason, >> right? Because of the because of the lack of space. >> No, something else to the river
irrigated or something. You can irrigate it temporarily to establish the plants obviously >> but that's it temporarily >> maintain it you can establish but not maintain I think >> I think they're native plantings and the idea is that they once established they should maintain themselves
>> so the maintenance of the plantings that you that will also be part of the homeowners association agreement that they'll be >> will it would yes and and also that's something that conservation's going they're going to want like a a three-year probably guarantee on the plants anything that dies would have to
be replaced. Don't please don't quote me on the three years, but I think that's what it is in Yarm, >> but there is someone going to be responsible for maintaining investment. >> That would be part of the homeowners association as well. Okay. >> Yep. That the all all the systems on site um would be covered by that. The
storm water systems and all the landscaping, >> the seaw wall. >> Yeah. >> And the seaw wall. >> Yep. >> Okay, that's all I have. Thank you. >> Thank you, Susan. >> I'm assuming these are going to be condominiumized, so you're going to need a special permit. only appeals to condominium. I'm assuming they would those are the type of things that they
like to see how you're taking care of that. So there's another mechanism to look at. >> Um I shared everyone's concerns about the parking. I think uh that's been uh discussed enough. Um, I'm also more
concerned about the turnaround issue for moving trucks, garbage trucks, fire trucks, and that none of them can back out into Route 28. And it just doesn't seem that that's feasible the way it is now. So, I I don't know what can be done
or whether that can be a condition or something. >> I don't know what larger vehicles besides an ambulance you could you could get to turn. >> Yeah, I think I mean we heard the we heard the moving van. So, we can take we'll definitely we can take a look at
that, run the turning templates on that and see what what we can do. Um, >> Madam Chair, can I just touch on that for a second? Ju just as a comment on the moving vans and larger vehicles. I run a retirement community and there's a section of it that it's tough to get large vehicles in. >> We require them to back in because you
can't back out onto a main street. You require the vehicles to back into the property. You can't do that with an ambulance, but a moving truck, a garbage truck, all that stuff, the requirement is you got to back onto the property. Simple as that. Just as a comment,
>> I'm not sure what Mass DOT's regulations are on. >> I know the fire department can do it. They can do it. >> Well, that's an emergency situation, >> right? >> Um, but that's that's actually a great u suggestion. Thank you. >> You're welcome.
>> That's all. >> Okay. Thank you. Uh, Mr. Pendleton. >> Yes. I one thing I just want to make a comment. This is going to be a drastic improvement to Route 28 and I know that we as a town are working hard to make that that corridor look much better and
this is a welcome addition. So, thank you for that. Um, on the parking issue, yeah, I have a big concern. I drive a big truck. I would, you know, and I'm getting old like a lot of us, you know, trying to turn around sometimes it isn't pretty. So it is a current concern. But
there is one benefit for lack of parking. You keep all your crazy relatives away. >> There you go. >> Thank you. Thank you. >> Okay. Um I I don't have any additional comments other than uh to thank you. This is as uh Mr. Pton and the others
have said um a vast improvement um and we welcome your investment um in the town. Uh we really appreciate it. It's right in line with um how we have fashioned our local comprehensive plan that's just been approved by the um Cape
Cod Commission uh that these kinds of uh developments are exactly what we'd like to see on that um important corridor for us. So we thank you for participating in that. Um it's It's a I think it's a it's going to be it'll be really great. Um
especially if we can get four cars and trucks below. Kathy, did you want to add based on our discussion? Did you want to add any conditions to the ones that you had provided to me? >> I added the conditions that I about the parking that I felt we actually have the purview over because I agree with you.
Um it's good to push to see if you can't get the four, but we can't dictate that because the two is the minimum and you're meeting zoning. Um, but we want to be sure that you're not park people are not allowed to park on the driveway or basically because that's the emergency access area. So that that's >> that was one of the conditions.
>> The first condition exactly. >> Um, and then the affordable unit. >> Yep. That stays they they know they know. >> Um, and then the balance of the relief has to go through the zoning board of appeals obviously >> once you have your fin. >> I'm sorry sir.
>> Foresee buying out of that. >> Oh okay. Okay. making a contribution >> payment in L of option >> which is an option in 412 that's why I specified >> miss Vera >> so by by specifying section 412 that allows them to do the payment in lie of >> yeah there's three different options
it's implied you don't want to make it explicit >> no >> okay that's fine >> yeah there's three different options to meeting >> so just those those three conditions okay >> I'm comfortable >> okay I'm everybody comfortable with those? Okay.
>> Yes. Yes. Um, so I may I have a motion to approve VCOD SPR number 2025-2 for the residences at Parker's River for a three duplex 6unit housing development
on route on 703 Route 28 as presented to the planning board at the planning board meeting of April 1st, 2026 in accordance with the plans and materials submitted subject to the following conditions. all parking to be located beneath the
building with no parking allowed along the access road to ensure emergency access. Number two, provide one affordable unit in compliance with zoning bylaw section 412. And three, any relief required shall be sought through
the zoning board of appeals. May I have a motion? >> Second. >> Second. >> Any discussion? All in favor? >> I I >> unanimous. Thank you very much for your time.
>> Thank you very much. >> Congratulations. >> Thank you. Okay, next on our agenda is Madaki's update from from >> Kathy. Um,
what's going keys. Honestly, I'm sorry I'm having a blank. Um, we had our public meeting March 11th. It wasn't as well attended as we'd like, but we got some decent people coming. And then we did meet on the 19th, so he's coming back to me.
It's all coming back to me. um with the muck and to kind of talk about a summary of the comments and and kind of really taking the five uh concepts and trying to will them down to three concepts. Um there's a lot of discussion on that between the committee members. I think
we came up with the three concepts that they're interested in looking at and then also the consultant looked at an an outline of their final report. Uh we're going to have our next meeting on April 16th uh to kind of go over the um the consultant's going to more renderings.
They're going to make put more details into those three concept plans that that they have with some colors and and some more details on it and then also have um a draft of the report for them to look at on the 16th. Uh the goal is to present to the select board on the on
May 12th. Make sure I can get on their agenda now that I say that. Um and then that would be the final part for MUK would be done and then we would move on with the feasibility analysis as part of the mass development. Kathy, can you tell us what the three concepts were?
>> Oh, yeah. Um, the three concepts were a alternate a do you want the all the concepts were the were very similar. They always included some type of sports facility, sports complex, some amount of housing. Um, one of them had the school on it and then just different
amounts of undeveloped area or or wooded area. So, alternate um A had the sports facility on the left, if you're looking at it from Hickens Croll, on the left side with the housing on the right side about 78 units or something. Um B kind of flipped that around and had the
sports complex on the right side so that could be developed earlier rather than later because we still have the question mark of the school with housing kind of in the back and the school big big block for where the school would be. And then there was three alternatives for for C and they ended up picking um C which had
the sports complex on the right, some different types of sports facilities in the upper uh left side and then had some housing in the middle and then left um some open space near Route Route 28 near Higgins Croll for future development or or nothing but not necessarily doing it.
So they're going to >> Okay. And the report that's going to be presented to the selectman on the 16th, that's the financial feasibility based on a grounding of sports a sports No, on the 12th it's just going to be Muk presenting their findings and their
their three concept plans. I think they might >> Okay. >> A and B the most A the most, B the most and C was kind of like well we need a third one. So they less enthusiastic. >> When is the financial feasibility study going to be done? >> Um they should be getting the contract
signed with the consultants now to the administrators assistant administrators. Kathy on the financial feasibility is it public private partnership to make this happen or what's the you know help me out to understand that because you know
the town running a sports facility does not sound like a great idea. >> The town is I think it's been pretty clear all along that the town has uh is looking for other people to fund some type of sports complex with us having some type of um stake in the game with
regard to having some access to it. what the amount of that access is um is to be determined, but that would be part of an actual request for proposals that would be going out for uh soliciting assuming everything in the markets analysis says yeah that we really do need this and these are the types of things that might
be beneficial and and that whole analysis needs to be done. That analysis is going to take 12 to 18 months to do that as well as all the additional due diligence that BSC group's going to be doing uh as well. So there's a lot there's a lot more work to be done but the muk was hoping to be kind of done
>> with presentation to the select board in May. They they've done a lot of work. >> They really have a very short period of time. >> Any more discussion on the sewer >> being brought down there? >> Thank you. I wanted to ask >> there's no way you can do any development there unless you have >> so they recommendation.
>> They haven't I mean >> we're having a hard time. We're taking over part of the golf course and the driving range to finish off what we need to finish off. So I don't know is it even realistic >> before we That should be part of the financial feasibility part of it. even realistic with regard to how much it costs or
>> cost and can do we have space to put in an extension that wasn't originally planned? >> Oh no, it was originally I mean >> it's about the phasing um Peter. >> Yeah, it's about >> which phase will pick up which phase of the >> sewer plant will pick up pig and scroll
and it's not clear what phase two is going to be yet. And I also think it's not clear whether that's going to be part of a phase two that we're paying for or whether this is going to be something that we can get grant money for because we're doing economic development, we're doing affordable housing, there's all kinds of money for infrastructure for those types of
things. Uh and there's the possibility that's part of the financial feasibility is look at all the different grants that are out there for these types of things and um and use as much of other people's money as possible. >> That is the goal. >> All right. And from the rack standpoint, from the sewer side, there's still
discussion because it's a, you know, we got to get through what's going on in 28 first before we figure out where the next phase and where the money's coming from. It absolutely doesn't make sense to do a housing development without sewage coming down Higgins Crawl. But that all being said is hopefully smarter
heads prevail and we run the pipe down that road, you know. So, I'm sure there's going to be adjustments made of where phase two goes and picks up. That's in discussion right now. We're already starting that conversation. >> Well, the good news is that the mucking
is going to take another 12 to 18 months. So, that should give enough time. I'm just saying just to get to the end of that phase, which would hopefully give the rack, >> and Ken would know better than I, enough time to maybe thread this needle because that's literally what it is. >> Yeah. >> Yeah. Let's hope for the best. Haven't
they already changed some of the zoning? Not the zoning, but the areas that they were going to I think they had like area 1, two, three, four, and five. And now all of sudden area two became area one and area one. >> There's been changes along the route 28 cores you're asking. >> And there's been changes as far as where
the affluent ends up, the liquid portion of it, right? >> Because they needed more discharge area. >> So that's going to be coming down and permitted to go up towards Bay and everything else. So, at some point, I think that a hard look at what where the
important areas are going to be. And I think it's not only from the town, but also the state's taking a look at it, too. I actually received a letter from the state for the property that I run asking if we'd be interested if they ran the pipe down to us because it's
>> 12,000 gallons of consistent flow 365 days a year. And that's what a surge system needs is consistent flow. we'd say of course you'd be interested. So, so those changes are already coming because the state's kind of not dictating but coming back saying, "Hey, you ought to think about running the
pipe up North Main Street rather than, you know, down wherever the next phase is going to be." So, >> and they straightened out that uh the situation. What was it? The power power station to change. What was the thing on 28 by the Cranberry Bog? >> The pump station. >> The pump station.
>> That's all been that's all squared away. >> Okay. It took a year. >> Yeah, it only took a year >> a year to figure out, >> but it got figured out. >> It's lightning fast in Yamoth time. >> What's that? >> I said it's lightning fast in Yamoth time. >> No, we're we're >> Yes. back to the muk. >> Yeah, back to the muk. Anything else,
Kathy? On the muk. >> Okay. Uh, next on our agenda are meeting minutes. May I have a motion to approve the March 4th, 2026 minutes? >> So moved. >> I would second that. Oh, tie. There's a tie for the second. >> All in favor? I
>> I >> may I have a motion to approve the March 18th, 2026 minutes. So moved. >> Second. >> Thank you. Um all in favor? >> I >> I >> thank you. Um committee updates. >> Anyone?
>> Um >> I'll do the library. >> Um so we didn't have a lot of fun with fin, but we did get through select board. Um so at least select board is leave it on the warrant. Um there is a
public information session next Wednesday night at the senior center if anybody's interested. Um there will be the architect and some other folks there to kind of talk about what this project entails and answer um any and all questions. Um other than that we're just
moving forward. >> Thank you. >> Did recommend? >> Nope. No >> one four against two think >> and it just got out of plan. It just got out of >> 32 on >> 32 on the board of select 32 on select >> huh? >> Yeah. Primary sort of
>> I think with Vincom the um there were a couple questions that kind of came out of nowhere. Um, they were questioning the wondered how long the building was going to last and I thought that was kind of an odd question considering that most buildings
nowadays are designed to last more than at least 30 probably closer to 50 to 75. Of course, there there is some concern about it's going to be a uh a bonding issue, so there's debt involved and how that affects, you know, local finances,
which is understandable. There were no no questions that that um they just I think that was their biggest issue. >> Also, one of the members is in the construction area >> and he felt very strongly that the
contingency fund was too low. >> Was too low odd because he's in he's >> thinking about money and he wants the contingency higher >> a little bit higher. So, and that and then they did ask um like you're right two questions that sort of came out of
left field, but generally related related to the project. One was uh what are your thoughts about additional staffing? You know, this it's a bigger building and >> what's going to happen? >> And we just we really said, well, you know,
>> well, that wasn't that that wasn't the charge for the library building committee. The library building committee charge was to right >> find a location, find an architect. However, when we said that, one of one of the members came back and said that answer is not good enough. So, it was
really, you know, it was it was it was what it was. And then there was one other question. There was the one about the staffing and then >> oh, what to do with self once you abandon self? What's going to happen to that building? Now, we had some answer for that. There was some interest in some historic group taking that over,
but nothing nothing. It just sort of general conversation. and they wanted to know well you know what's going to cost to maintain it and keep it clean and operate great finance questions and that's what they should be asking um but >> I think the major thing was it was that
it's it's the dollar issue >> it's the dollars we they wanted a fuller picture I think than than what we presented and I think they were concerned about the debt issue and you know the fact that they had questions that really were unanswered
>> so I can we can tell you right off It's if this passes, this will be a bond issue in the first year will run you about $120 per household per year and then on a sliding scale down as we go through the year's 20-year debt. >> The median
>> the median 80 assist, right? >> So it would it would go forward as a debt exclusion. >> It would go forward well that exclusion bond issue I I that's my understand that would make sense improvement, right? And I think the last year it's $70 on median, you know,
>> per household. >> Yeah. I mean, the discussion of the board of selectment sort of broke out into two >> two factions. >> Two fac the the two members that voted against it were really focused on long-term financial capability of the town >> and water. What we're looking at in
water, some of those figures now are shifting and will continue to shift. fire station, school. They were very And then the other three members were were more concerned and and interested in captivating and and capturing the benefits of getting
getting the getting the the the money even though, you know, it's a percentage and it's a significant amount. Um, and they felt that it was worthwhile going forward. and the conversation sort of broke down into those two buckets. Both very, you know,
valid and and in relative um to today's conversation about financing. And >> so the estimate came in just above 30 >> estimate came in it was 35 million gross total everything uh allowable and not allowable cost and we could
>> and the state reimbursement is >> reimbur 38 and a half%. So we're getting >> 13 million. >> 13, right? >> Uh almost 14 because they add on there's a special amount they add on based on your town. So it turned out to be closer to 14
>> and then part of our requirement is to the town is to make an effort to raise funds. >> So the proposal was to go after two and a half. So the borrowing amount currently sits at 212 I think. >> They borrowed the entire amount. borrow
what we they borrow against no the appropriation is 35 but the borrowing is 22 >> but they have to set aside 35 million because that's the obligation we have >> right >> regardless of the reimbursement and that's sort of gets sort of lost in the
shuffle people just hear the 35 million um but it you know we'll >> come to the meeting on the 8th be a great presentation >> April 8th six o'clock at the senior center. >> I got some alert on my phone today.
Aren't there other meetings on the 13th and the 15th? >> There's two open houses. Yes, I think those are important to mention as well. >> I'm sorry I did not mention those. U I I believe West is on the 13th and South is on the
14th. >> Okay. >> Thank you. >> Sure. Uh do you any committee? >> No. >> Okay. Uh, Susan, you were library. So, anything else? >> No, the only other thing I was going to mention, I meant to follow up and I have not, but I will. Um, should we do be
doing anything about the library, not the library, the drive-in site? You know, they there was some minor discussion at board of selectmen, I think about a month ago, and I meant to follow up to find out what they were talking about and do we need to do something with the committee. >> I think um I sent out a notice everyone.
They were having the grand opening on May 2nd, right? >> And we'd like to have you guys comevious. obviously be invited to it. Um there's also going to be some speakers at 11. I don't know whether anyone from the committee wanted to speak by one person. I don't know whether Jim's no longer the chair, but
he obviously was the chair during the right >> the slog through everything to get to where we are, >> right? >> Um >> but yeah, that's that's something that's just starting to get things going. Uh >> in the morning of May 2nd, it is 10
o'clock in the morning. 10 to 3 with the speakers will probably be around 11. They're going to have some parking at Seagull Beach with a bus. >> Um Amanda Lima, the town engineer, just did a podcast talking about it. It's also going to be combined with the coastal resiliency fair. Uh they're
going to have food trucks. They're going to have a whole bunch of stuff. It's going to be a real event. >> Was good. >> Oh, terrific. Terrific. >> Is all construction done, Kath? >> Uh it won't be 100% done. It'll be pretty close. >> Okay. >> Um but that Yeah, it's the the restrooms are looking really It will look good.
>> It will look good. >> Yeah. >> Great. >> But it'll be here before we know it. >> I know it's a month away. >> Yeah. >> Any other committee >> comments? Okay. >> So, Madam Chair, just two quick things. One, RACK, we meet next Monday. We actually it's the first Monday of the
month, so we beat them with this meeting. But Tom, I just was curious. Has have capital budget reached out to you yet at all? >> Yeah, I talked to I talked to Sandy the other day. Beautiful. >> Okay. Super. Thank you. >> Tom has been handed. It now has. Absolutely. >> Congratulations.
>> The RACK meetings are usually at 4. >> They're at four. >> They're at four. >> Yeah, they're >> still at DPW. >> At DPW for an hour. >> They are open to the public and they're very informative. So, >> yeah. >> Want to learn about what's going on? Come. >> Yep. >> Okay. Uh, any other board member
updates, comments, or questions? Kathy, staff updates. >> Um, staff. Who's that? Um, we've had some success on the seasonal communities. Um, Bob Written was able to
get something in writing uh from housing livable communities saying that you could prohibit movable tiny homes. >> Oh, >> wow. >> So, that's I don't know why they wouldn't say yes, you can prohibit. They would say kept saying, "Yeah, you can regulate." You're
not answering the question. And finally, they answered the question in writing, which uh kudos to Bob to get that done. I do have some other questions that I'd like to send off to them as well. Basically, a lot of them came out of the Cape Planner memo summary from from last
time. I'm really curious about um >> I don't know what that noise was. >> Everybody's okay back there. >> Um but you know, the merged lots and then uh not the merged lots, excuse me, the undersized lots and the fact that they need to an attainable
home on it. Who's making sure it's attainable? Who's making sure that the rent's attainable, that the sales are attainable? Because the impression I got was it's just another form of affordable housing. So, you have all these rules for capital A affordable housing and how you sell it and what you can rent it for
and who's monitoring it um and who can live in it, you know, picking people who can live. Is there something are we supposed to set up something similar for Attainable or how how does that work? Yeah, it >> seems like they have a lot of great ideas, but there's like a mechanism. I don't know why they that's why they came
up with the um yearround affordable housing trust, whether they were thinking they would be dealing with that and then the affordable housing trust would just be dealing with that. So, there's a question on on that that I have. >> Kathy, in your in your feedback to them, I would really like a really concise
definition of what is the difference between attainable and affordable. Um, >> affordable is 80% area median income. The other one strictly based on that formula of 250% is that >> 250% is the the maximum you can do. Each community could do something lower if we decided we wanted to define attainable
in our community as 200%. >> All right. So they then that's the distinction strictly by by income. Okay. >> And and the town decides what the percentages. Kath, >> it's it said that you can go up to 250, but we could set set something >> lower
>> if we decided to do seasonal communities. >> Correct. Okay. And and you did clarify ultimately Tom can opt out, correct? >> Yes. >> Okay. >> Same way you opt in, you can opt out.
>> Anything else, Kath? >> Okay. Um our upcoming meetings, we've got one um in two weeks, April 15th. Yeah, I think we will have the um site plan review for 645 Route 28 BCOD.
I know it's the Chinese food place and >> gourmet gourmet. >> Oh, right. >> Um that's the mixed use with the 11 dwelling units and two like thousand square foot commercial. >> Madam Chair, I apologize, but I will not be here on the 15th. >> Okay. >> Do I hope that doesn't do they need a
super majority? I can't. That's why I'm mentioning it. Simple. Okay, good. Uh then uh next up would be town meeting. >> That'll be here before we know it again. >> Kathy, I won't I will not be at the town meeting.
>> Um and then uh what is it? Uh >> May 6th. >> May when is the meeting next meeting in May? >> May 6th. >> Yeah, May 6th. Anything on that yet? I think we I'm hoping that we can start getting hot and heavy into what we're going to be doing for the fall.
>> Yeah. Okay. Uh okay. Uh anything else from board members? May I have a motion to adjurnn? >> So move. >> So second. >> Um all in favor? I >> thank you all.
>> Recording stopped.