Falmouth Zoning Board of Appeals Minutes - January 19, 2017 at 6:00 p.m. Selectmen s Meeting Room, Falmouth Town Hall

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1 Voting Members: Kim Bielan, Ken Foreman, TJ Hurrie, Paul Murphy, Edward Van Keuren Sari Budrow noted that Mark Bogosian submitted a letter of authorization for Kevin Klauer to represent the applicant. TJ Hurrie read the record into the file and read the referrals Planning Board no comment Assessors Department Lot 18 Engineering Department standard comments; comments on new water service and storm water runoff Fire Department no comment ConCom no comment Correspondence none Kevin Klauer is representing the applicant and explained that they would like to modify the special permit they had since this is now a raze and rebuild. The lot is 6,874 s.f. and the house and garage are 1,528 s.f. It s a two-story home with 24 height. Setbacks are non-conforming as follows: front setback; 4.1 North side setback; 7.7 rear setback. Lot coverage is 22.2%. Currently it s a five-bedroom home with an unfinished basement. This has an exclusive use easement to the North. They would like to add to the second floor and increase the ceiling height while still building in the same footprint. The new height would be 27 and they will go from five bedrooms down to four bedrooms. This is less than a 100 s.f. increase for habitable space. They are installing a new septic system. They are not creating any new nonconformities. Ken Foreman You are increasing the height from 24 to 27, can you reduce any of the non-conformities? Kevin Klauer It would impact the homeowner s views from the house if we did that Kim Bielan Did you consider increasing the side yard setback on the North? Kevin Klauer We want to use the same footprint Kim Bielan Are you proposing a shed and if not can we condition that? Kevin Klauer It would have to be via a special permit Kim Bielan The basement will be unfinished? Kevin Klauer Yes Kim Bielan This is going from five bedrooms to four? Kevin Klauer Yes Edward Van Keuren moved to close the hearing. Paul Murphy seconded the motion. All in favor Kim Bielan commented that although the Board seems to have a favorable reaction to this application, it was important to me and Paul Murphy that we give the public an opportunity to comment on this due to the significant change from the previous application versus doing an administrative approval without a public hearing Edward Van Keuren moved to approve. Paul Murphy seconded the motion. All in favor Falmouth ZBA Minutes from January 19, 2017 Page 1

2 Findings: 1. Same as existing footprint 2. Same pre-existing, non-conforming setbacks 3. Going from five to four bedrooms 4. Unfinished basement 5. Not proposing any sheds 6. Meets Modest expansion to house 8. In keeping with the neighborhood 9. Exclusive use easement to the north of subject property 10. Height is increasing 24 to 27 Conditions: 1. As per plans 2. Not to exceed four bedrooms 3. Addition of a shed would require a special permit All in favor Falmouth ZBA Minutes from January 19, 2017 Page 2

3 Continuation: Little Pond Place LLC (0 Spring Bars Road, Falmouth) Voting Members: Kim Bielan, Ken Foreman, TJ Hurrie, Paul Murphy, Edward Van Keuren Laura Moynihan is representing the applicant and noted that Building 1 (closest to the street) and Building 3 have been shifted slightly to the West in order to increase the wetland resource buffers to meet with the local wetlands bylaw. They are adding a waiver request under the Falmouth wetlands regulations regarding the sloping. They have submitted revised landscape plans and can add inkberry shrubs (not shown on the plan) if necessary for additional screening. A site visit has been scheduled and the Town manager asked for a peer review. Laura explained that she feels the ZBA can condition the comprehensive permit via the conservation commission decision. They are hoping for approval tonight so that they have time to apply for the tax credits for this year. Also asked that Sari Budrow be instructed to draft a favorable decision to be voted on in time for their deadline of February 15. Kim Bielan You need a decision by February 15? Laura Moynihan Yes Kim Bielan Please describe the wetlands letter. Laura Moynihan I m not sure what their statements are for. ConCom will review it under their notice of intent. I assume the Town will tell them to look at this so conditioning approval of the comprehensive permit would help us keep this moving. Michael McGrath (Holmes and McGrath Engineering) Coastal banks retain flood waters, and he showed where on the plans the coastal banks are. Michael gave examples of other coastal banks nearby (Rockland Trust, 99 Restaurant, and Friendly s Restaurant). The ones on the plan are manmade dating back to the WW2 era, so they don t really meet the concerns of the comprehensive permit. We will fill in against some of the banks, but we will be creating a few new ones. We are filing a LOMA request to FEMA. Kim Bielan That s the only waiver under the local wetlands regulations? Laura Moynihan Yes Kim Bielan Comments from Atty. Moynihan regarding the comprehensive permit came in to the ZBA office after 4:00 today, so please walk us through the differences. Laura Moynihan I took the report and simplified it since many of the things they are indicating are subject to regular reviews and/or the building code in Falmouth. Edward Van Keuren Regarding the February 15 deadline, I d be inclined to wait given that there are a lot of conditions Sari Budrow The final report is planned for next Wednesday Kim Bielan We would have time to review it on February 9 Paul Murphy I don t have any concerns TJ Hurrie They listened to our comments from the last meeting Laura Moynihan asked to keep the hearing open versus closing it tonight Edward Van Keuren moved for Sari Budrow to draft a favorable decision. Paul Murphy seconded the motion. All in favor Falmouth ZBA Minutes from January 19, 2017 Page 3

4 Paul Murphy moved to continue to February 9 at 6:00 p.m. Edward Van Keuren seconded the motion. All in favor Falmouth ZBA Minutes from January 19, 2017 Page 4

5 Continuation: Falmouth Hospitality LLC (556 Main Street, Falmouth) Voting Members: Kim Bielan, Ken Foreman, TJ Hurrie, Paul Murphy, Edward Van Keuren Kim Bielan asked if anyone present was recording the meeting, and no one said they are Kim Bielan noted that Paul Haverty is on his way from another hearing and he will be here tonight. Paul is our zoning consultant from MHP on this application. Atty. Erickson from the Falmouth Hospitality LLC explained that they are here for a comprehensive permit. They have 2.2 acres in the business redevelopment district and another section of their plan is in the residential district. He noted that Lantern Lane is in disrepair right now. Current uses of the land are retail, contractor s yard and storage. They would like to raze the existing structures in order to build 97 apartments and 7 townhouses, with 26 of the units being rented at an affordable market rate. Under the NEF program, qualified renters for the affordable units would have to earn 80% or below the median income level. They are asking for waivers. They have met with the fire and engineering department (Note: This was at the department meeting for review held by ZBA staff), and they have both received and responded to their concerns. Joe Peznola (Hancock Associate Engineers) explained that they have done soil testing on Lot A (red building) on the West and Lot B (contractor s yard) on the East. Lot A is 28,274 s.f. and Lot B is 67,600 s.f. There is no storm water runoff. They would like to put a 3-story building with 40 units and parking under it for 42 cars on Lot A. In back they d put a townhouse and in the rear of the property would be a dumpster. Lot B would have a 3-story building with 57 units and 67 parking spaces under that. There would also be five townhomes in back with garages. They are proposing a pool and pool house in back. They will make pedestrian improvements with crosswalks and ways. They will be adding 18k gallons a day to the sewer system, and Joe noted that the system can handle that. There is an existing water line and they will add hydrants. Electricity and gas are available to the site. It currently has inadequate drainage on Lantern Lane. We ll get rid of the depression that presently floods up to 4 in order to prevent storm water overflow. The Assistant Town Engineer has reviewed the plans for storm water and we meet town and state requirements. Regarding the nitrogen loading, we ll decrease that. We need waivers that are on the plans and in my report, but noted that they need one for parking since they need 162 parking spaces but are offering 155. The fire department commented that they are concerned with the access of their large trucks to building 1 and Joe explained that they have completed a turning movement analysis and found curbing issues so they will modify those curbs for the next review session. They will comply with the new fire access requirements. Ken Foreman -- What is the exact number that Falmouth is short for the affordable housing inventor? Atty. Erickson 560 units. Since all of these units are rentals, they all count towards that count Ken Foreman Regarding the pedestrian access and sidewalks, where is that on the plans? Joe Peznola By showing on the plans, he explained that the sidewalk will be raised with solid vertical curbing. We can look at other options Ken Foreman What will the height of the units be? Joe Peznola Parking is at street level, then 3-stories above that Ken Foreman Can you do below grade parking? Joe Peznola We didn t look at that option Falmouth ZBA Minutes from January 19, 2017 Page 5

6 Ken Foreman What is the elevation for four-stories? Joe Peznola 46 to 52, depending on the building Ken Foreman You ll also need a waiver for the height Ken Foreman Regarding the pool, what size will it be and how many people can use it? Joe Peznola The pool will be 20 x 40 but I don t know what the occupancy number is, I can get that for you. Ken Foreman Will it have lifeguards? Joe Peznola No Ken Foreman Will it have a fence around it? Joe Peznola Yes Ken Foreman Will the pool be open to the public? Joe Peznola No Ken Foreman How many square feet is the pool s play area? Joe Peznola 50 x 100, so 5,000 s.f. Ken Foreman Do you have any specific plans for the play area? Joe Peznola Nothing specific, but it will be for residents only Ken Foreman Do you know if there is adequate space at Mullen Hall for the children who will be living in these apartments? Joe Peznola I don t know. Ken Foreman You should find out TJ Hurrie Regarding water discharge, will it have any negative impacts to the area? Joe Peznola We are adding additional drains TJ Hurrie Will the dumpsters be on pads? Joe Peznola Yes, on concrete pads and it will be screened and fenced TJ Hurrie Will there be truck deliveries to the site? Joe Peznola There will be a central mail area in the front of Building 1 TJ Hurrie Regarding the lighting, any external lighting? Joe Peznola on the side exit. TJ Hurrie -can you submit a lighting plan before the final construction? Joe Peznola Will look into providing a lighting plan TJ Hurrie Will you have signage? Joe Peznola No TJ Hurrie Will this impact the private way for Lantern Lane? Joe Peznola No TJ Hurrie Regarding the accident/traffic report, are you making any improvements to Main Street? Joe Peznola We are adding a crosswalk on Nye Road to Main Street Kim Bielan Why do you only propose 26 affordable units out of 124 units? Atty. Erickson 25% is required Falmouth ZBA Minutes from January 19, 2017 Page 6

7 Kim Bielan Have you considered a mixed-use component? Atty. Erickson We are not interested in doing that for this project. It s not required Kim Bielan Are you proposing any energy components? Atty. Erickson No Kim Bielan Why are you using two lots? Atty. Erickson It has six parcels now and the site lends itself to two lots with Lantern Lane going through it Kim Bielan Where will the affordable units be? Atty. Erickson Distributed among the four buildings. Three 3-bedroom units will be part of that total Kim Bielan We need a lighting plan. Do you propose any speed bumps for Lantern Lane? Atty. Erickson We re not required to Kim Bielan Regarding the height, can you be more specific? Atty. Erickson We ll get that to you. We are not asking for a waiver for the townhouses. Joe Peznola The affordable units in the 5-unit townhouse row would be #402 and 404; and then #302. For the 57-unit building, they will be dispersed on each floor. Kim Bielan Regarding the curbing, are you revising the plan based on the comments from the fire department? Joe Peznola Yes Kim Bielan Have you met with the residents of the local neighborhood? Atty. Erickson No, but they were invited in the spring during the site approval process Kim Bielan Why have a pool? Atty. Erickson It s attractive to have Kim Bielan Will you have a third-party management company? Atty. Erickson Yes Kim Bielan What will the rental rates be? Joe Peznola Market rates will be $1,450 for one bedrooms; $1,800 for two bedrooms; $3,000 for three bedrooms. Affordable units will be $1,081 for one bedrooms; $1,373 for two bedrooms and $1,517 for three bedrooms Kim Bielan Will this have elevators? Atty. Erickson Yes Kim Bielan What will the frequency be for emptying the dumpster? Atty. Erickson It will be determined by the management company based on need Sari Budrow Will the elevator accommodate a gurney in each of the buildings? Atty. Erickson Yes Sari Budrow Any signage? Atty. Erickson No Falmouth ZBA Minutes from January 19, 2017 Page 7

8 TJ Hurrie You haven t designated visitor parking vs. resident parking. Atty. Erickson Correct, the management company will evaluate that TJ Hurrie Will you have any signage to discourage using Lantern Lane? Atty. Erickson We could to prevent over use Ken Foreman Have you done a traffic study for this site? Joe Peznola We determined 18,000 trips daily in May and 11,000 daily trips in August. See traffic memo. The stopping site distance is 250 and the pavement width is 22. We are proposing sidewalks and at least one section with wheelchair ramps, plus painting on Main Street. We will provide a public transportation packet for the residents. We will secure a safe place for bike storage, and we ll have bike racks. Ken Foreman The May and August trips per day seem off. Joe Peznola We ll check on that Ken Foreman Are you proposing any button lights at the crosswalk? Joe Peznola No, not now Ken Foreman Do you have traffic counts on Lantern Lane? Joe Peznola We didn t do that Kim Bielan Do you have plans for noise buffers? Joe Peznola We re installing plants along the West and East property lines [Paul Haverty, the zoning consultant arrived] Kim Bielan Can you have your traffic engineer present for a hearing? Atty. Erickson If needed Kim Bielan Did you do an off-season traffic study? Atty. Erickson We usually only do peak season studies Kim Bielan Will this have bus stops? Atty. Erickson Not now Kim Bielan Will the proposed landscape be okay as to not impede the street and car views? Atty. Erickson We ll look into that Kim Bielan Will this have seasonal and/or weekly rentals? Atty. Erickson Yearly rentals normal Kim Bielan Would you be okay if we conditioned that? Atty. Erickson We wouldn t want to be limited Paul Haverty For peer reviews, you have them for civil engineers, storm water and traffic, as well as a design peer review. You should do peer reviews now. The applicant can reject it if a peer review has a conflict of interest. Sari Budrow Should I reach out to the peer reviewers? Paul Haverty Yes Ken Foreman Can you assess the pool and play areas for anticipated children? Paul Haverty The design peer review should look at that Falmouth ZBA Minutes from January 19, 2017 Page 8

9 Ken Foreman What about the proforma? Paul Haverty It s heavily regulated and based on your decision and not what they initially propose Ken Foreman moved to have Sari Budrow seek peer reviews for traffic, engineering and design. Edward Van Keuren seconded the motion. All in favor Joe Peznola Would this be in-house peer reviews? Ken Foreman We would like a third party to review Michael McGrath (West Falmouth) Nitrogen pollution is awful. We have a flow control bylaw in Falmouth, so we shouldn t allow this much of an increase in flow to protect Falmouth s inner harbor. This project is too big Brian Ridgeway (Lantern Lane) The townhouses are on private land, so can it be sold at a later date? How will Nye Pond be impacted? Matthew Gould (5 Lantern Lane) My house will be 15 from the second townhouse. Lot coverage is highly impacted. I haven t seen certified plans. Building #3 and 4 townhouses are in 1 Zone. This is a massive project. Would like to see a scale model with the surrounding area David Haddad (Harris Hill Road) Will submit his comments via tomorrow; however, had questions regarding the density and the type of management company they plan on hiring. Would also like to see a sample of the contracts. Will there be a lottery giving Falmouth people a priority? Would like to see them increase the number of affordable units and have it be more economical. Asked if about energy efficiency units. Questioned there being no guest parking. Will there be off-site parking spaces? What are their plans for trash and snow removal? Has the Cape Cod Commission reviewed this? Debra Segal (Friends Way, West Falmouth) Feels this should have businesses, daycare and residential living. If these are not all affordable, how are they counted towards our total? Kim Bielan Because they are rentals Allison Leschen (Lantern Lane) Do they all count if they are weekly rentals? Regarding density, this is a massive project for that site. Submitted a density bar chart to the file. This will have a huge impact for only 25% of the units being affordable Amy Rader Sabina (Nye Road) Regarding the traffic study and a decrease in traffic in August versus May, I think they are incorrect. Dunkin Donuts produces a lot of traffic at their site. During the busy weeks (4 th of July and Road Race) how will we accommodate them? Michael Galasso (200 Palmer Avenue/Chairman of the EDIC) We need to get this right for the size project they are proposing. There are health and safety concerns, so we need to reduce contamination and improve ventilation. Regarding safety, the opening of the vestibule isn t safe as it is designed. They should have a security guard. Has questions regarding the proforma. This is not a high-quality project. They should work with the neighbors. We need housing but I hope we can make this a better project Falmouth ZBA Minutes from January 19, 2017 Page 9

10 Robert Duggan If they excavate up to the property lines, how do they protect the neighboring properties? Mary Ann Conboy (North Falmouth) Since the fire trucks accessing the property is a concern in a month like May, then there are bigger concerns when there is snow on the ground and space is tighter. Will pets be allowed in these apartments and if so, is there a designated outdoor area for them? Kim Bielan suggested that the Board send their questions to Sari and she ll the applicant. Also, we need specific information on the management company since we condition things that they will be responsible for Ken Foreman Will the market rate units be rented weekly? Paul Haverty You could condition it, but I don t see why market rate units would be but that is outside of your prevue Sari Budrow The ZBA has always conditioned the length of rentals Edward Van Keuren moved to continue to February 23 at 6:00 p.m. Paul Murphy seconded the motion. All in favor Falmouth ZBA Minutes from January 19, 2017 Page 10

11 Open Meeting 1. Minutes: January 12, 2017 Edward Van Keuren moved to approve the January 12 minutes. Paul Murphy seconded the motion. All in favor (Ken Foreman abstained) 2. Board Review and discuss Procedural Rules and Policies Tabled 3. Correspondence /Board Updates None 4. Future Agenda Items None Adjourned at 9:00 p.m. Falmouth ZBA Minutes from January 19, 2017 Page 11