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Falmouth panel allows dormers but continues unpermitted shed review at Bournes Pond property
Summary
The Conservation Commission approved an after-the-fact request for two dormers at 8 Bryce Street (Hosford) with negative determinations, and continued consideration of an unpermitted 80-square-foot shed in a velocity zone so commissioners can inspect the site and confirm mitigation options.
The Falmouth Conservation Commission on Jan. 29 approved work to add two dormers at 8 Bryce Street while continuing action on an unpermitted shed the commission found within a flood velocity zone.
Staff recommended a “negative 3” determination under the Massachusetts Wetlands Protection Act and a “negative 2” under the Falmouth Wetlands Bylaw for the dormers, indicating those dormer alterations do not require additional permitting. Alyssa Fallon, staff, presented the recommendation and the commission voted to accept it unanimously with the quorum present.
The commission also brought to light an 80-square-foot shed on the property that was installed without prior conservation permitting and that falls within a velocity zone. Fallon told commissioners the commission has in past cases not permitted sheds in velocity zones and that if the shed remains it would require mitigation at a 3:1 ratio.
Francis Storch, speaking for the property owners, said the homeowners were unaware the shed violated conservation rules and said, “We are willing to do whatever mitigation is necessary.” The homeowners also reported other on-site measures, including a nitrogen-reducing septic system and a conservation interest in neighboring land the owners helped purchase to prevent development.
Commissioners split the matter into two votes: they approved the dormer work and continued the shed portion to allow site visits and further documentation, including a potential mitigation plan. The shed discussion was continued to the commission's next meeting so members can visit the property and staff can collect any outstanding information.
The commission noted that mitigation for a shed in the zone could require plantings or other measures, and that enforcement pathways differ between an RDA (request for determination of applicability) and a full notice of intent. The homeowners indicated willingness to cooperate and to provide updated plans and mitigation proposals.
What happens next: the commission continues review of the shed at the next meeting to decide whether to permit the shed with mitigation or require a notice of intent and full mitigation. Staff asked the homeowners to coordinate with town staff and to provide an updated site plan and mitigation options before the continued hearing.
