Last updated October 2006

Tuesday, April 11, 2006
The Falmouth Zoning Board of Appeals (ZBA), after 8 months of receiving testimony, voted to close the hearing on the Little Pond Land 40B project; a 168 unit, 326 bedroom affordable housing development located on Little Pond in Teaticket (Falmouth), Massachusetts. The pond had recently been declared by the Massachusetts Estuaries Project as a pond of "critical concern".

Friday, April 14, 2006
The first meeting of the ZBA takes place to discuss the decision to approve or deny the permit. A simple postcard is put on the bulletin board at Falmouth Town Hall to announce the meeting 48 hours ahead of time, just enough time to make the meeting legal. However, none of the members of the Teaticket Civic Association were given the courtesy of a telephone call notifying them of the meeting. At every prior hearing nearly 30-40 members of the Association had been present. No one attends the meeting.

Friday, April 21 and Friday, April 28, 2006
The board met to continue discussion and determine whether or not there was sufficient testimony to deny the project. The board reviews the project with town counsel and the town’s zoning administrator. Also present is a 40B attorney hired by the town to assist in the process. He points out to them that one of the waivers they are about to deny, can’t be denied.
The waiver would allow work within the 100’ buffer of wetlands. He informs the board, counsel, and the zoning administrator that they have already approved three of the buildings to be erected within the 100’ buffer therefore, there is no way they can't be allowed to work within the buffer.

Friday, April 28, 2006
The board determines there is no basis for denial and approves the comprehensive permit with conditions. An open meeting is scheduled for May 10 at 6:00 p.m. to review final conditions.

Wednesday, May 10, 2006
Due to miscommunication in the zoning office the meeting is not posted and final review of conditions must take place after the regular zoning meeting hearings are complete. The review of conditions doesn't begin until after 10:00 p.m. At 11:15 p.m. the board votes on the final conditions.

Monday, May 15, 2006
Falmouth Board of Selectmen, at their regular meeting, discuss the possibility of appealing the decision of the ZBA. They ask the town administrator to look into the possibility and ask to have the final decision of the ZBA provided to them. They will wait until the ZBA has filed their decision.

Tuesday, May 16, 2006
After being told the decision will be filed on Wednesday, May 17, the Teaticket Civic Association discovers the decision has been filed on May 16. There are 9 conditions, 3 management issues, 13 site issues, 3 septic issues, and 9 construction issues. Approved were 41 waivers of the local zoning bylaws and 23 waivers of the Cape Cod Commission Performance Standards. The board also denied 15 waivers of the Cape Cod Commission Performance Standards. The board is aware an abutter will be appealing the decision and only has 20 business days to do so. One day is now lost.

Monday, May 22, 2006
The Falmouth Board of Selectmen, at the end of their regular meeting, once again discuss the possibility of appealing the ZBAs decision. Board members say they have just received the decision and haven't had time to reivew it and the town administrator has not yet been able to obtain an answer to whether or not they can appeal. A member of the audience questions why the decision was not provided to the board in a more timely manner and why the town administrator has had nearly two weeks and still doesn't have an answer to whether they can appeal. No satisfactory response is given. The board asks the town administrator to provide them with the legal background on the appeal within the next few days and if necessary, they will hold a special meeting to vote on whether or not to appeal the case. According to research done by the Teaticket Civic Association and opinions of other 40B advocates, since the Town of Falmouth is a direct abutter to the project, the town can appeal.

Friday, May 26, 2006
The Teaticket Civic Association receives unofficial word that town counsel has determined the Selectmen cannot appeal the case. This is the same town counsel that has guided the Zoning Board of Appeals to an approval of the project.

Thursday, June 1, 2006
Abutter files an appeal in Barnstable Superior Court.

Saturday, July 1, 2006
The developer requests a 60-day extension and now has until August 31 to complete an Environmental Notification Form (ENF). To keep up-to-date on the progress of this report go to The Environmental Monitor, which provides information on projects under review by the Massachusetts Environmental Policy Act (MEPA) office, recent MEPA decisions of the Secretary of Environmental Affairs, and public notices from environmental agencies.
http://www.mass.gov/envir/mepa/secondlevelpages/currentissue.htm

Sunday, August 20, 2006
Based on contact with the DEP, the ENF form still has not been submitted by the developer. Due to the pending litigation, we have been advised by our attorneys to keep information related to the case and the Save Little Pond project to a minimum. We will say that the abutter is scheduled to present his deposition to the judge on September 7. Also, you may wish to read an article in today's Cape Cod Times - http://www.capecodonline.com/cctimes/housingproject20.htm (Sorry, we are unable to provide a link at this time.).

Thursday, September 7, 2006
The plaintiff in the Little Pond Landing appeal gave his deposition before a judge in Boston today. The attorney representing the developer, James Griffoni, grilled the plaintiff for four hours with all types of questions, from where the plantiff worked to the expected questions on how the project affects his property. Now he waits for a transcript of the session and a decision by the judge as to whether he can move forward with the suit.

Thursday, September 28, 2006
The firm of Holmes and McGrath submit the Environmental Notification form to the DEP. Copies are available, at no charge, to anyone interested in obtaining a set. Contact Holmes and McGrath at 508-548-3564. The document is 3" thick and contains details on the proposed RUCK CFT system, the Conservation Commission's decision, the Zoning Board's decision, the purchase and sale agreement for the parcel, the transportation report, and other interesting information and drawings of the project.

Deadline to submit comments on the project was originally October 14. The deadline was extened to October 30 because of an error in the legal notice. The mailing address was incorrect. Send comments relating to wetlands, drainage, wastewater discharge, and traffic to:

Wednesday, October 4, 2006
MEPA holds a public forum in the Falmouth Selectmen's Room at Town Hall. At least 120 people pack the room to capacity. It is an opportunity for MEPA to hear directly from the applicant's representatives and anyone from the town regarding the project. Many points were brought up such as the reliability of the proposed wastewater treatment system, the vernal pool and the white cedar swamp, the well-known condition of Little Pond, the areas of reinforced turf, and the new testimony given by Mr. McGrath about creating a man-made wetland in an area formerly declared as a recreation area and in the Order of Enforcement area where no further development can take place. The man-made wetland is one method being proposed to meet the no-net nitrogen condition the State has recently put through on projects affecting coastal ponds. MEPA allowed, with much objection from the developer, any interested parties to accompany them on a visit to the site.