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Select Board grants Devour Artisan Eatery variance to expand seating despite wastewater flow increase

Select Board of the Town of Falmouth · February 25, 2026
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Summary

The Select Board granted Devour Artisan Eatery a flow-neutral bylaw variance to expand seating from 12 to 45 seats; staff cited a projected Title 5 wastewater flow increase of 1,155 gallons per day and said municipal permitted capacity (~80,230 gpd) could absorb the change.

The Falmouth Select Board voted on Feb. 23 to grant a flow-neutral bylaw variance to Devour Artisan Eatery, allowing the restaurant to increase indoor seating from 12 to 45 seats.

Town staff summarized the regulatory review: because the parcel is connected to municipal sewer, an increase of more than 10% of peak wastewater flow requires a flow-neutral bylaw variance under Chapter 180 §56. Staff said the proposed change would increase peak Title 5 wastewater flow from the parcel by 1,155 gallons per day, and that the municipal sewer system has roughly 80,230 gallons per day of remaining permitted average annual discharge capacity available for additional development. The outfall expansion that will increase long-term capacity is projected to be available by 2032, staff said.

Applicant Anest Herschfield told the board the business has been on Main Street for more than six years, generated roughly $600,000 in sales last year and that about $200,000 supported seasonal jobs. She said expansion would primarily add evening hours and move seating into part of the existing kitchen footprint; she told the board she would be open to discussion about a lower seat count if the board had concerns.

Board members asked about proposed floor plans, seating logistics and the expected revenue uptick; several members spoke in favor of supporting a local, home-grown business that would expand hours and create more jobs. The public hearing was closed and the variance motion carried on a voice vote; the transcript does not record a numerical roll-call tally.

Next steps: If the variance is recorded as approved, the applicant will work with building and health staff to finalize a floor plan and any associated permits.