Falmouth, Massachusetts Development News
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Falmouth Zoning Board of Appeals July 23 , 2026
Published: Jul 23, 2026
Zoning Board Dismisses Special Permit Applications Due to New State Law
The zoning board of appeals heard three applications for special permits to rebuild or expand existing structures. In all three cases, the building commissioner had determined that due to recent changes in state law (House Bill 5555), a special permit was no longer required, and thus the applications were dismissed for lack of jurisdiction. This was based on a letter from the building commissioner stating that alterations to pre-existing non-conforming structures, if compliant with current dimensional regulations like height and setback, could proceed as of right without a special permit. The board voted unanimously to dismiss all three applications.
Zoning Board Continues Appeal on Contractor's Yard Allegation, Citing Need for Site Visit
The zoning board of appeals considered an appeal regarding the determination of no zoning violations at 11 Studley Street. The appeal was filed by abutters William and Jean Harvey, who alleged the property was being used as a prohibited contractor's yard. The building commissioner had previously determined no violations existed. The applicant's representative argued that the property is primarily a residence and any commercial activity is accessory, with plans for a home-based service business permit. The board discussed the definition of a contractor's yard, the principal vs. accessory use, and the building commissioner's findings. Due to conflicting information and the need for a site visit by all board members, the case was continued to September 3rd, with a request for the building commissioner to supplement his findings and for the property owner to grant site access to the board members.
Special Permit Approved for Non-Conforming Dwelling Rebuild on Maple Street
The zoning board of appeals considered a special permit application for a non-conforming single-family dwelling at 19 Maple Street. The applicants sought to raise and rebuild the existing dwelling, increasing lot coverage and height. The property is undersized and has non-conforming setbacks. The board reviewed the proposal against criteria for lot coverage, height, shadow effects, views, and environmental impact. They also considered referrals from the engineering and conservation departments regarding stormwater management and driveway approval. The board granted the special permit with conditions, including certifications on building height, setbacks, and adherence to engineering and conservation commission requirements. The conditions were finalized, and the permit was approved unanimously.
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