The most notable development of the evening was the approval of Cape Cod Aggregates Corporation’s application to construct a contractor’s yard on Thomas B. Landers Road. The proposed development includes two buildings: a 3,990 square foot structure for garage bays and a 5,400 square foot building for office space and a scale house. This application required a special permit, necessitating a unanimous vote from five members of the board. After closing the public hearing, the board deliberated on various findings concerning zoning compliance, traffic management, and lot size adequacy. Conditions for approval included securing a stormwater management permit and adhering to the town’s soil erosion standards. Following the discussion, the board voted in favor, approving both the special permit and the site plan review for the contractor’s yard.

Concurrently, the board tackled the complex issue of an existing detached ADU on John Parker Road, presented by TGR Realty LLC. The ADU, measuring 699 square feet, combined with the principal dwelling, results in a total of four bedrooms on the property. The board noted that the ADU complied with the zoning bylaw, constituting approximately 32.7% of the gross floor area of the principal dwelling. The health department confirmed the septic system’s capacity to support six bedrooms, though it was stressed that the ADU requires an independent water service connection.

The board’s discussion delved into concerns raised by a neighbor and the property’s history. During the public hearing, the applicant’s representative, an attorney, addressed mischaracterizations made by neighbors and presented an affidavit from property manager Tom Rackley, highlighting the property’s multi-family dwelling status for decades. Plans to rent one of the apartments as affordable housing through the Falmouth Housing Authority were also detailed. However, a neighbor, Don Waga Hop, criticized the property’s management, describing it as neglected and in disrepair, contesting claims of intended improvements.

The attorney for TGR Realty LLC argued that legalizing the existing units would encourage investment, while acknowledging the board’s limited enforcement role concerning property conditions. Despite the debate, the board focused on the application at hand, emphasizing that the special permit process would determine the legality of the units. The board voted 3-1 in favor of the ADU application, with discussions about the necessity of a four-member majority due to attendance and abstentions. It was proposed to seek town council’s confirmation regarding the vote’s sufficiency.

In addition to these major agenda items, the planning department updated the board on the upcoming town meeting schedule, with precinct meetings set for early November. The department underscored the importance of board member attendance at these meetings to discuss zoning articles with the public. Ongoing projects, such as the Shiver Pond sign finalization and exterior renovations of the Edward Marks building, were also highlighted. The board touched on future agenda items, including the Cape Cod Country Club solar project, which will be voted on in a subsequent meeting.