Falmouth Zoning Board Approves Multiple Non-Conforming Property Projects Amid Tight Regulations

The Falmouth Zoning Board of Appeals convened to evaluate several significant proposals, focusing on applications to raise and rebuild non-conforming single-family dwellings and add structural modifications. Notably, the Board approved a proposal for One Worcester Court, where a non-conforming single-family dwelling and detached garage will be rebuilt, taking into account both the current zoning bylaws and neighborhood aesthetics. The meeting also addressed other applications, including the addition of a third garage bay on North Falmouth Highway and modifications on Dartmouth Avenue, all of which required careful consideration of existing non-conformities and potential impacts on the community.

The most pressing discussion centered on the application for One Worcester Court, submitted by Caroline McCarthy, which sought a special permit to raise and rebuild a non-conforming single-family dwelling and detached garage. The existing structure, dating back to the 1930s, sits on a undersized lot of 3,788 square feet, where 40,000 square feet is the norm according to zoning regulations. With a proposed footprint alteration from 1,658 to 1,528 square feet, the plan aims to address several dimensional non-conformities, including setbacks and lot coverage. Current lot coverage stands at 43.6%, which exceeds the 20% limit, although the proposed changes would reduce it to 40.3%. The project received departmental feedback, emphasizing concerns about stormwater runoff and erosion control, with the Board of Health noting sewer considerations. The Conservation Commission had previously approved the project, and it garnered one letter of support without any opposition.

Attorney Jack H. Hearnden, representing the McCarthy family, detailed the proposal, highlighting that it would not exacerbate existing non-conformities. Setbacks would improve with the removal of the existing garage, which is a current setback issue. The proposal also involves raising the building’s height to meet updated Massachusetts building codes necessitated by flood zone regulations. The design was argued to be in harmony with neighborhood standards, where average lot sizes mirror the 4,000 square feet mark, aligning with the proposed structure’s dimensions.

Board members engaged in discussions, seeking clarification on parking and paving dimensions, and confirming setback adjustments to ensure compliance with engineering department requests. With no public comments against the proposal, the board unanimously voted to approve the application, subject to conditions ensuring adherence to zoning regulations and departmental recommendations.

In another key item, the board reviewed an application for a special permit on North Falmouth Highway, which sought to add a third garage bay. Located in a nitrogen-sensitive area, the property spans 23,738 square feet, falling short of the 40,000 square foot requirement for the district. The proposal intended to transform the additional bay into living space, featuring a game room and office, with a unique glass garage door design. The applicant clarified that the larger septic system capacity was a precautionary measure for potential future expansions. The board approved the application, emphasizing compliance with construction regulations and conditions, including the need for a police presence during street work.

The board also deliberated on an application by John and Barbara Okonnell for a property on Dartmouth Avenue, proposing to rebuild a non-conforming dwelling on a notably undersized lot of 2,156 square feet, well below the zoning requirement of 40,000 square feet. The plan involves a slightly reduced footprint while increasing the number of bedrooms from three to four. The existing lot coverage would decrease from 40.72% to 40.16%, although still exceeding the 20% limit. In addressing setbacks, the proposal improves proximity to the street.

The board acknowledged the unique challenges posed by the property’s non-conformities but found merit in the proposed changes, which slightly reduce existing non-conformities. The project received five letters of support, with no opposition noted, and was ultimately approved with conditions for adherence to construction guidelines and departmental recommendations.

Further discussions involved applications for modifications to existing structures, such as the addition of a second half-story to a dwelling in an RC zoning district.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
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