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ZBA continues West Falmouth Estates after late plan submission; board presses on septic, drainage and peer review
Summary
The Town of Falmouth Zoning Board of Appeals continued the West Falmouth Estates hearing to Dec. 5 after members objected to late plan submissions and raised outstanding technical questions about stormwater, septic access and reserve areas; the applicant provided revised plans dated Oct. 15 and will work with the peer reviewer before the next hearing.
The Town of Falmouth Zoning Board of Appeals voted to continue the West Falmouth Estates matter to Dec. 5 after board members said revised plans were provided too late for thorough review and identified unresolved engineering and public‑safety questions.
Board members criticized the timing of the submission and insisted on consistency with the board's seven‑day policy for plan delivery before hearings. Laura Moynihan, attorney for the applicant, said the latest revision was submitted to the board today to show how the design addressed the peer‑review comments and that the team did not expect a decision tonight. Rich Tabasinski of Atlantic Design Engineers said the resubmittal (drawings dated 10/15) included a revised road profile, sight‑distance triangles, landscape revisions and drainage recalculations.
The board and applicants focused on technical issues that members said need clearer documentation: the stormwater calculations and the sizes of newly added basins (Tabasinski said calculations were updated to reflect Northeast Regional Climate Center 100‑year rainfall values and that additional underground infiltration systems were added); impervious‑surface increases to account for optional sheds and patios (Tabasinski: "We added 350 square feet to each lot"), guest‑parking locations, and whether the plans show adequate reserve area and access for septic maintenance. Several members expressed concern that the smallest side‑yard setback shown on the plan is 7 feet and questioned whether mini‑excavators and pumping equipment would be able to access leaching areas if homeowners later install equipment or fences.
Members also pressed whether the drainage design properly accounts for watershed inputs beyond the parcel's boundary and whether additional denitrification requirements could be imposed in the future if Herring Brook is designated nitrogen sensitive. A board member noted prior town work and letters on Herring Brook and the project's potential watershed impacts; the applicant said it had coordinated with the peer reviewer and planned further revisions.
The board asked the applicant to provide, before Dec. 5, clarified plans showing: reserve areas for standard Title 5 systems (or a clear statement if none exist), the anticipated heights and locations of retaining walls, fence and telephone‑pole impacts at the roadway entrance, ADA and sidewalk details, and a written response to the peer‑review comments. The board instructed the applicant to continue to coordinate directly with the peer reviewer to resolve outstanding technical items.
Chair Suzanne Murphy opened the meeting by reminding speakers of the public‑hearing rules and the board later read a letter from an abutter, Phyllis Muniz Littleford, who said changes to the plan were frequent and that revised documents were hard for abutters to review on short notice. Littleford said she was concerned the plan "has not been a well researched project" and asked for clearer plan copies and clarifications of property lines and proposed fences.
The board approved the continuation by voice vote with no recorded opposition. The hearing record shows the board will revisit West Falmouth Estates on Dec. 5 with supplemental materials from the applicant and the peer reviewer.
