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Zoning board approves special permit to raise and rebuild nonconforming house at 76 Menott Road
Summary
The Zoning Board of Appeals granted a special permit to raise and rebuild a nonconforming house at 76 Menott Road in East Falmouth so the structure can be elevated to meet FEMA flood elevation standards and to eliminate multiple dimensional nonconformities.
The Zoning Board of Appeals voted to grant a special permit allowing the owners of 76 Menott Road to raise and rebuild an existing nonconforming single‑family dwelling in East Falmouth so the house meets flood‑zone elevation rules and reduces other nonconformities.
Attorney Kevin Clower, representing the applicants Sue and Eric Murray, told the board the house — built around 1934 — sits largely in an AE14 flood zone and that repairs and required elevation work amount to a “substantial improvement” under local bylaws and FEMA rules. Clower said the proposal will reduce the number of bedrooms from five to four, remove the detached garage, add a garage within the primary dwelling, and reduce lot coverage by structure from 22.6% to 20.2%.
Clower asked the board to find that the proposed work would not be substantially more detrimental than what exists and would actually eliminate the existing nonconformities. The application packet and referrals on file included a Conservation Commission Order of Conditions dated 11/13/2024 and a Board of Health referral that indicated sufficient septic capacity for four bedrooms.
Board members questioned the proposed height (listed as 34 feet, 10 and three‑quarter inches) and asked for a height certification. The building commissioner’s referral requested a certified height measurement because the proposal approaches the 35‑foot maximum. Planning and board members also noted the applicant’s agreement to comply with the conservation conditions, require a driveway permit if work affects the public way, and to use a pervious surface for a shown driveway shelf to avoid exceeding the lot‑coverage limits by structured parking.
After closing the public hearing, the board read findings into the record: the structure will not impair views or vistas, will reasonably conform to neighborhood dimensions, will not create new dimensional nonconformities, and will improve the site’s septic/nitrogen impact by reducing bedrooms. The board voted to approve the special permit and attached conditions including: compliance with the Conservation Commission order of conditions; submission of a height certification to the building commissioner; a driveway permit for any work affecting the public way; the shown pervious shelf on the driveway to avoid exceeding lot coverage limits by structured parking; restricted standard construction hours; and administrative review of construction drawings as needed.
No letters of opposition were reported on file; the Board of Health and the Conservation Commission referrals were noted in the record.
