Falmouth Business Owner, Abutter Butt Heads Over Parking
The owner of Slice Of Italy at 797 Main Street in Falmouth has been before the planning board in pursuit of a special permit to allow parking within five feet of the property line since early May, but it appears that little progress has been made to settle disagreements between the owner and an abutter.
More than a dozen people were present for the fourth and most-recent hearing on the project. Nedo R. Puliti Sr., owner of Slice Of Italy, was joined by his wife and son, who are also involved in running the business.
Robert Mills, attorney for the Pulitis, explained that the applicant is proposing additional parking—as 19 total spots are now required due to the addition of seating inside the establishment—along the western border of the property that Slice Of Italy shares with Eastman’s Sport and Tackle. Six parking spaces are proposed there, with another five proposed in front of the building.
“This plan doesn’t really differ a lot from a plan that this board has already approved in 2020, but it does vary in some respects,” Mr. Mills said.
In 2020 four spaces were approved to be perpendicular to the western property line, and parking in the front was not included. The six spaces now being proposed along that property line would be at an angle.
“What we’re looking for tonight is approval and a special permit for the parking in front of the five additional spaces as we’ve shown them and six spaces on the westerly sideline being within five feet of the property line,” Mr. Mills said.
Michael Borselli of Falmouth Engineering, representing the applicant, said the problem is that the parking spaces are not long enough, so cars—especially bigger vehicles like trucks and SUVs—will stick out into the easement that is under agreement with abutter Elie Jammal. Attorney Mills said the proposed parking spots are the same as previously approved iterations, and in fact are actually 16 feet long, not 18 feet as previously approved.
“If ours stick out into the easement, so didn’t theirs,” he said. “The property hasn’t changed that much. They just didn’t show the detail or they weren’t quite as transparent as we’re being.”
Mr. Mills said that even if cars are sticking into the easement, the easement is wide enough that it would not be fully obstructed.
Attorney Edward Kirk is representing abutter Elie Jammal, who is principal owner of the neighboring property, Falmouth 815 Main Street LLC, which owns the lots to the west, east, and south of A Slice of Italy, as well as the abutting Cycle Avenue.
Mr. Kirk outlined his client’s objections to the rearranged parking in a letter to the board and clarified that he was not aware that a special permit was being sought for parking on the western border of the property in addition to a permit to allow parking out front. He and his client also object to the plan itself, saying that it does not correctly reflect the easement as it is agreed. Mr. Mills, however, said that the easement is shown on this plan exactly as it is shown on previous plans.
Both Mr. Kirk and his client argued that traffic at the shop during the early afternoon hours is beyond the volume expected and is inherently problematic.
“It’s a different kind of traffic pattern altogether now,” Mr. Kirk said. “It’s tradesmen and craftsmen and the working men and their trucks and their SUVs… a lot of his trade is the working people in large vehicles.”
Chairwoman Charlotte Harris suggested that the two property owners get together and attempt to resolve some of the animosity that has developed, but testimony from both men made it clear that distrust between the two is prevalent.
Mr. Jammal said that he went to Mr. Puliti’s establishment to meet the new owners and discuss doing business together. According to Mr. Jammal, Mr. Puliti responded that he should be careful, because he was “going to call the big dogs.”
“I never heard from him again,” Mr. Jammal said. “This is absolutely a nightmare. All you have to do is go there a couple of days a week at lunchtime and you’ll agree that this use should not be there…it’s not just the parking, it’s the trucks and the kind of cars that come in. Everybody has a landscaping truck, and they’re everywhere.”
Mr. Jammal said that he “did his share” and is “not willing to work with anybody,” and requested that both parties continue to “live by the law.” He also noted that he recently placed signs around the property to keep A Slice Of Italy customers from parking in spots designated for other businesses.
Mr. Puliti shared a different point of view, saying that he did try to work with Mr. Jammal, but he ultimately believes that Mr. Jammal does not want him in business.
“Basically, we are trying to work with him, but it’s not working,” Mr. Puliti said. “He put signs up today but the signs say ‘For Doggz and Hoggz and Eastman’s.’ But we have customers that go to Eastman’s, get their bait, and come to our store and buy their sandwich to go fishing. How are you going to say no to the customer? Is he going to tow the customer that goes to Eastman’s and then goes to my store? It’s got to work as a group. He doesn’t want me in business.”
Both parties and their attorneys had some back and forth but were ultimately cut off by Ms. Harris, who recommended that they put their energy into working together rather than arguing.
“I think you all need to work together and then come back,” she said. “We don’t need to be part of the argument.”
The hearing was continued until July 12.