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ZBA approves three shoreline/RC-district homeowner special permits; conditions require health and conservation follow-up

November 08, 2024 | Town of Falmouth, Barnstable County, Massachusetts


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ZBA approves three shoreline/RC-district homeowner special permits; conditions require health and conservation follow-up
The Zoning Board of Appeals approved three special-permit applications affecting nonconforming single-family dwellings and additions. The actions were taken after presentations by applicants or their representatives and brief board questioning.

28 Whitecaps Drive (Ostrowski): The board approved a continuation application to raise and rebuild a nonconforming dwelling in the Pinecrest Beach neighborhood and to allow lot coverage in the Water Resource Protection District at 18.7% (below the 20% maximum for that overlay). The applicant replaced a paved driveway with crushed stone, proposed dry wells for roof runoff and committed to native plantings. Falmouth Engineering (Mike Borcelli) supplied a letter concluding no adverse effect to water quality; the Conservation Commission issued an Order of Condition. Conditions attached include compliance with all town boards, erosion-and-sediment controls and standard construction-hour and parking restrictions.

134 Edgewater Drive East (Paul T. Cummings Jr.): The board granted a special permit to raise and reconstruct a nonconforming dwelling in an RC/coastal pond overlay and to allow an increase in lot coverage by structure from 20.4% to 22% (the special permit would remove the nonconformity upon issuance). The applicant proposes a new Title V septic system and kept the existing bedroom count unchanged. The Board of Health asked for confirmation of a 100-foot setback from the wetland; the Conservation Commission issued an Order of Condition. Approval was conditioned on compliance with Board of Health approvals, stormwater containment, possible driveway permit and typical work-hour conditions.

10 Palm Street (John and Eileen Bacon): The board approved a special permit for an addition that increases lot coverage by structure to 24.6%, in an RC zone within Little Pond coastal overlay (flood zone AE12). The property is on sewer, so nitrogen/Title V issues were not a concern. Engineering asked for on-site stormwater containment and erosion controls; the board added standard conditions including work hours, construction-material staging and a foundation plan for verification.

All three motions carried with affirmative votes and no recorded opposition. Each approval includes routine permitting conditions and references to coordination with the Board of Health, Conservation Commission, engineering referrals and any required driveway or building permits.

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