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ZBA accepts Housing Appeals Committee remand on West Falmouth Estates; HAC restores 20 units, strikes IA requirement
Summary
Following a Housing Appeals Committee remand, the ZBA amended the West Falmouth Estates comprehensive permit to restore the developer's request for 20 units and remove the board's IA requirement (reverting to Title 5 compliance); the board voted to execute the revised decision and discussed limits on appeal and evidence standards.
The board reviewed and read the Housing Appeals Committee (HAC) decision that remanded the West Falmouth Estates comprehensive permit back to the town with modifications. As summarized in the hearing, "the Housing Appeals Committee restored the developer's request for 20 units," and found the board lacked authority to require IA systems that were not required under applicable local health regulations at the time of application.
Board members expressed frustration that the remand limits local options to impose IA systems; special town counsel had appeared before HAC and, according to staff, determined further appeal would be unlikely. The board moved to amend and execute the comprehensive permit in accordance with HAC and recorded an abstention(s) before carrying the motion by majority vote.
