Falmouth ZBA approves three raise‑and‑rebuild permits and an insubstantial wastewater‑system change

The Town of Falmouth Zoning Board of Appeals on Wednesday approved three separate special permits to raise and rebuild existing nonconforming single‑family dwellings and also found a proposed small equipment building for an advanced wastewater treatment system to be an insubstantial change to earlier approvals.

The board voted to grant the following: a special permit for 15 Robinson Road (file O9265) allowing the owner to raise and rebuild the nonconforming house while improving the front‑yard setback (from about 16.9 ft to roughly 22 ft) and installing a denitrification septic system; a special permit for 11 Garnet Avenue (file 01026) permitting the raise/rebuild and an increase in structure lot coverage to the level allowed by special permit (the application proposed structure coverage around 22.3% and overall coverage within zoning limits); and a special permit for 274 Edgewater Drive East (file 01126) that will eliminate several existing nonconformities (remove a front‑yard accessory garage, improve side and waterfront setbacks) while allowing a modest increase in structure coverage under conditions. In each case the board made the required findings under the cited sections of the Falmouth zoning bylaw that the changes would not be substantially more detrimental to the neighborhood.

Attorney Kevin Clower, who represented all three owners, told the board each project would either eliminate or improve existing dimensional nonconformities and included required denitrification systems where necessary. "This proposal represents a significant improvement over the existing conditions," Clower said, summarizing the applicants’ position.

Key conditions the board imposed across the decisions included: adherence to the submitted plans, standard construction hours (typically 7 a.m.–7 p.m. Monday–Friday, 8 a.m.–4 p.m. Saturday; no Sundays/holidays), materials stored on the lot, coordination with the police department if heavy equipment is needed for traffic mitigation, required framing nail‑inspection (where ridge heights approach 35 ft), certification of as‑built lot coverage, and explicit bedroom limits to match approved septic system design (each decision limited occupied bedrooms per the health‑department referral and plans).

On the 274 Edgewater Drive East case the health department confirmed an existing approved denitrification system on the lot; the conservation commission had issued an order of conditions for the project and engineering referrals raised potential driveway and storm‑water details the applicants agreed to resolve through the building‑permit review. For the 11 Garnet Avenue file the board also noted a demolition‑delay / historical‑commission waiver was in process and included a condition that the applicant proceed with that required review.

Separately, the board considered a proposed 12‑by‑15 equipment building to house components for an Innovative Advanced on‑site wastewater treatment system serving a previously approved leaching field. After discussing siting constraints (the building must be adjacent to the leaching field) and town referrals (board of health conditions, licensed operator and sampling obligations), the board concluded the change was insubstantial under the applicable rules and approved it as a matter of right.

What this means: all three raise‑and‑rebuild projects were approved subject to the board’s standard findings and conditions; applicants must secure any outstanding town‑department sign‑offs (engineering, building, health, conservation) during the building permit process. The board also approved administrative minutes and adjourned to its next scheduled meeting on April 16, 2026.