Falmouth board denies permit to keep storage container on vacant lot, sets removal deadline

The Zoning Board of Appeals denied a request to keep a storage container on an unnumbered lot at Pine Hollow Road and ordered the container removed by Jan. 1.

Lisa Marshall told the board she had placed a 20‑by‑8 container on a vacant lot in May 2023 after checking with the building department; she said she intended to use it for storage while arranging a move to Florida. Board members noted the zoning bylaw allows temporary structures by special permit for a maximum of one year under section 245.1(f). The applicant acknowledged the container has been in place since May 2023, longer than one year.

Board members concluded they lacked authority to grant a multi‑year extension and that the lot has no primary dwelling, which prevents approval as an accessory structure. The board voted to deny the special permit and, after further discussion about enforcement hardship, set a firm removal deadline of Jan. 1 to give the owner time to relocate or sell the container. Members suggested the applicant consult the building department about alternative locations and noted the container might be sold given local demand for accessory units.

The denial was recorded with findings that the temporary‑structure provision’s one‑year limit has run and the lot is unbuildable for a primary dwelling, which disqualifies an accessory‑structure allowance. The building department’s enforcement process will govern compliance with the removal order.

Sources: Applicant testimony (Lisa Marshall) and board discussion recorded at the Zoning Board of Appeals meeting.