Contested Cycle Avenue parking application kept open as board seeks corrected plans and more information

Attorney Dina Brown said her clients (Falmouth 8 15 Main Street LLC) seek a special permit to formalize long‑standing parking on a 0.199‑acre lot on Cycle Avenue, describing a preexisting reciprocal easement and a total of 19 spaces (five leased to Eastern Bank). Brown said the applicant reserved legal rights regarding preexisting nonconforming use and had discussed the approach with town counsel and the building commissioner.

Business owners and neighbors testified that parking had been used for years but that a separate land‑court action and a recent dispute over posts and a fence had made the situation contentious. Nuno Pulidi of Slice of Italy accused a prior owner of “real estate fraud” in creating what he described as a false easement; Donna Brennan, an employee, said land‑court stipulations grant her business long‑term access rights. Michael Bolger of Hogs and Dogs urged the board to permit the parking to keep his business viable.

Board members focused on correcting plan details (noting a typographical error in the application that listed an incorrect number of spaces and a missing gate label) and requested that the applicant submit an amended plan and a confirming letter about the correct number of spaces and gate location before the next hearing. The board voted unanimously to keep the hearing open to Aug. 11 and recorded a 'positive motion' indicating the board will consider an approval motion at the next meeting, pending corrected exhibits.