Falmouth officials met Jan. 6 to discuss how the town’s recent entry into Safe Harbor status should change local handling of affordable housing projects filed under the state’s Chapter 40B comprehensive-permit process and the Local Initiative Program (LIP).
The discussion focused on practical steps: clarifying what the select board’s LIP endorsement means, improving referral and peer‑review responses from town departments, adding clearer LIP guidance for developers, and integrating nitrogen and wastewater considerations into early review.
Scott Zelensky, liaison to the Zoning Board of Appeals, told the select board the joint session was intended to surface recurring questions from ZBA hearings and record them in a way that helps both boards. "This short moment in time gives your board the ability to refine your process," Zelensky said, urging clearer communication so the ZBA can rely on a more complete record when it issues findings.
Board members and ZBA participants said Safe Harbor gives the town leverage to negotiate location, density, unit mix and design with developers but does not remove the town’s ongoing obligation to produce more affordable housing. "Safe harbor does not mean we are done with affordable housing or have enough housing in our community," a Select Board member said during the meeting.
Multiple speakers raised nitrogen loading and wastewater as a top technical constraint that must be addressed earlier in the process. One ZBA member noted the town’s Water Quality Management Committee and Board of Health are working on setback and nitrogen mandates and asked whether LIP review guidelines adequately force applicants to reduce nitrogen. Several participants said projects sometimes reach the select board without sufficient local technical review, making it harder for the ZBA to finalize a defensible record.
Town staff explained the timeline constraints for 40B filings: the ZBA must open a hearing within 30 days of a comprehensive-permit filing, which compresses referral responses. Participants urged more in-person appearances by department staff and clearer, earlier checklists so applicants know what the town expects before spending significant sums to obtain a project-eligibility letter from the state.
Laura Wainahan of the Falmouth Housing Trust summarized recommendations for streamlining: shorter LIP application forms, digital submission platforms, priority scheduling for small projects (for example, three units or fewer), clearer staff roles on referrals, and categorizing projects as minor or major to speed low-impact filings. "The select board should absolutely not be the permit review board," Wainahan said; she recommended the ZBA adopt review guidelines developers can follow at the design stage.
Board members discussed adding standard language to LIP endorsement letters clarifying that select-board support is limited to project feasibility and does not direct zoning decisions. One select board member proposed that any endorsement include explicit caveats that the ZBA will conduct detailed review of design and abutter impacts during the comprehensive‑permit process.
Speakers also recommended documenting specific concerns in LIP endorsement letters (for example, density, renewable energy, or nitrogen mitigation) so those topics surface clearly in subsequent ZBA hearings. Several participants said the select board and ZBA will become clearer on roles and expectations by following one or two LIP cases through the full permitting sequence.
The meeting closed with a reminder from town staff that ZBA hearings frequently continue across sessions and that a complete, timely record — with referrals, peer‑review engineering reports and department testimony — is essential if a decision is later appealed.
Votes at a glance: the meeting opened as a joint session and concluded with a routine motion to adjourn; both motions passed by voice vote. The meeting did not adopt any new policy or regulation.