Falmouth Zoning Board Debates ADU Classification Amidst Construction Plans

The Falmouth Zoning Board of Appeals recently tackled several complex cases, with a portion of their meeting dedicated to discussions on whether a proposed living space above a garage should be classified as an accessory dwelling unit (ADU).

55:43The most discussed proposal was from ADC Coast Shores LLC concerning a property on Coast Shores Boulevard. The applicant sought a special permit to modify an existing garage by adding habitable space above it. This space’s classification became a point of contention as resident John Trobridge argued it constituted an ADU due to its separate entrance and facilities, including a bedroom, a full bath, and a space designated for dining and kitchen purposes. Trobridge stated, “I absolutely disagree. This is an accessory apartment,” emphasizing the potential for the space to be used as a rental unit, thus conflicting with the applicant’s assertion that it would not function as an ADU.

01:05:07To address these concerns, the board considered imposing conditions on the permit to prevent the space from being used as an ADU, such as prohibiting cooking facilities and any separate rental agreements. The applicant reassured the board of their compliance, stating that documented conditions would be adhered to, and argued against assumptions of potential misuse.

03:47The meeting also addressed another proposal on Walker Street, where Mom’s Beach Place LLC applied for a special permit to raise and rebuild a non-conforming single-family dwelling. The proposed increase in lot coverage from 13.1% to 24.6% exceeded the neighborhood’s average but remained under the maximum threshold allowed by zoning laws. The board’s discussion focused on architectural features, compliance with flood zone standards, and potential impacts on neighborhood character. Visual aids were deemed helpful by board members like Scott Peterson, who requested street views to assess the proposal’s impact.

The board deliberated on procedural matters, leading to a unanimous decision to approve the proposal with conditions, including limitations on construction hours and height certification. Construction hours were set from 7 AM to 7 PM on weekdays and 8 AM to 4 PM on Saturdays, with no work permitted on Sundays or town holidays unless in an emergency.

01:14:14The meeting also reviewed an application from James R and Kathy M. Douly for a special permit to rebuild an existing non-conforming dwelling on Boston Street. Concerns about accurate property staking and the classification of the rebuild as a new structure under zoning laws led to a decision to seek further legal advice and continue the hearing.

01:17:32Additionally, a longstanding zoning variance request highlighted the applicant’s frustration with procedural delays. The board emphasized the need for compliance with existing rules and discussed technical aspects, including missing stakes, before agreeing to continue the matter.

01:39:17The meeting concluded with the board addressing administrative updates, including a request from Falmouth Hospitality LLC concerning modifications to a building’s architecture. The board debated the definition of “insubstantial change” and its implications, ultimately approving the changes with a narrow vote.

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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