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Owner seeks to rescind long‑dormant Adeline's Way subdivision; neighbors voice concerns about concrete and noise

Falmouth Planning Board · June 17, 2026
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Summary

Attorney Brian Wall told the board the owner bought the lapsed 1999 Adeline's Way cluster subdivision and asked the board to rescind the prior approval so the record can be cleared; abutters raised concerns about recent concrete placement and truck activity, which the owner said resulted from a severe winter and will be removed.

Attorney Brian Wall represented property owner David Focillo and asked the Planning Board to rescind a 1999 definitive subdivision approval for Adeline's Way under G.L. c.41 §81W. Wall said the prior subdivision was never constructed and the special permit likely lapsed; the requested rescission would "wipe the record clean" so the owner may consider other uses for the land.

Board members discussed statutory timing and the practical effect of rescinding a definitive plan on the registry of deeds. Staff advised that although the special permit had lapsed, rescinding the definitive plan and filing the updated record provides certainty for title and future purchasers or lenders.

Two abutters spoke during the public comment period. Deanna Burrick, who said she lives at 350 Old Barnstable Road, voiced concern about recent truck traffic, noise and concrete being placed on the parcel next door and asked whether the site would become a commercial operation. David Mitchell, who identified himself and explained operations at his own facility, said that unusually severe winter conditions created a temporary need to place material on the ground and that the concrete would be removed and crushed at his facility; he said he intended to clean up the site and did not have a firm development plan yet.

The board asked staff to draft a positive motion to rescind the definitive subdivision and scheduled that motion for the July 28 meeting; the board also closed the immediate hearing and directed the owner to follow up with the building commissioner and other town staff on any permitting questions while the record is being cleared.