Falmouth Zoning Board Evaluates Cape Cod Aggregates Permit Amid Environmental Concerns
- Meeting Overview:
During a recent Falmouth Zoning Board meeting, members focused on several applications and issues, with the primary discussion revolving around the renewal of a special permit for Cape Cod Aggregates. The permit, essential for ongoing earthmoving and reclamation operations, highlighted environmental and regulatory concerns, particularly regarding land reclamation practices, financial bonds, and unauthorized activities on the property.
Cape Cod Aggregates, represented by Bill Collie from Collie Site Services, sought an extension of their special permit to continue operations on a 60.11-acre site in East Falmouth. The permit, initially issued in 1989 and reviewed tri-annually, governs land within the West Palm Harbor Coastal Pond Overlay District and includes a designated wildlife corridor. Collie reported that 187,000 cubic yards of material had been removed since the last inspection, considerably below the maximum allowable limit of 750,000 cubic yards over three years. He assured board members that dust control measures maintained air quality and safety, and reclaimed areas had been reseeded with topsoil mixes.
A central concern emerged about the adequacy of the $75,000 bond posted for land reclamation, which had remained unchanged since the permit’s inception. Board members debated whether this amount was sufficient, given the property’s size and the project’s scope. Collie acknowledged the need for a bond review and agreed to provide documentation from an engineer on reclamation costs for the next permit review. This proposal aimed to ensure the land’s restoration exceeded its pre-excavation condition.
Further discussion focused on the absence of a formal certification process for reclamation work, which raised questions about oversight and compliance. While Collie noted adherence to guidelines, the lack of certification prompted calls for improved regulatory measures and environmental stewardship. Concerns extended to potential complaints from nearby residents about excavation proximity.
The board unanimously approved the permit renewal, contingent on future engineering documentation for land reclamation. Dan Webb, representing neighboring properties, voiced support for Cape Cod Aggregates, praising their operations and community relations.
The meeting also addressed an application from Michael S. and Denise C. Luwendowski to rebuild a garage on Birch Lane. The proposed expansion, which sought to increase lot coverage modestly, included habitable space above the garage. The project was consistent with zoning regulations, and the board highlighted conditions for stormwater management and compliance with FEMA regulations. Despite discussions on septic system capacity, the project would not alter the bedroom count, negating immediate septic changes. The board approved the application, emphasizing its positive impact on the neighborhood.
Additionally, the board reviewed a proposal by Matthew S. and Jackie D. Adams to construct a detached pool house and in-ground pool on Hudson Street. The application fell within allowable lot coverage limits, with conditions ensuring compliance with zoning bylaws and environmental standards. The board required an as-built plan to verify construction details and classified the property as a four-bedroom dwelling.
A contentious discussion ensued regarding a property on Crosby Lane, where Paul Petroitz appealed for building permit relief after a previous structure was removed post-fire without a permit. Despite the lot’s non-compliance with minimum size requirements, the board supported the appeal, recognizing the property’s historical context and compliance with other standards. Petroitz emphasized personal ties to the site and plans for a two-bedroom home. The board’s decision overturned an earlier denial, allowing future development.
The meeting also featured a detailed review of a proposal for a property on Central Avenue. The board considered improvements to existing non-conformities. Board members supported the renovation, acknowledging its necessity due to the building’s age and condition.
In another significant topic, the board discussed proposed modifications to a housing project under a 40B permit, including unit size adjustments and environmental implications. Community members expressed concerns about the timing of these changes amid an ongoing MEPA review and potential impacts on local resources. Despite public apprehension, the board maintained the changes were insubstantial and did not warrant additional hearings.
The meeting concluded with discussions on procedural improvements, particularly regarding the timeliness of peer engineer reviews. Board members advocated for earlier submissions to ensure adequate review time, essential for informed decision-making. They also debated forming a negotiation committee for 40B projects, emphasizing clear operational guidelines and legal compliance.
Zoning Board Officials:
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
12/11/2025
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Recording Published:
12/12/2025
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Duration:
123 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Falmouth
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