Site Plan Review Process
Needs ReviewFalmouth, Barnstable County
Process & AdministrationWhat This Means for Your Project
This provision is in a gray area — it may be within the town's authority, but could add time or uncertainty to your ADU project depending on how Falmouth interprets it.
State Law
760 CMR 71.04(1) — Protected-use ADUs shall be subject only to reasonable regulations. Site plan review is permissible but must be ministerial, not discretionary.
Local Bylaw
Section 240-9.1E requires all ADUs to obtain Site Plan Review approval from the Planning Board under § 240-12.2 and Chapter 300 of the Planning Board's regulations before a building permit can be issued.
Impact on Your Project
The Attorney General approved this provision but issued a detailed advisory warning: the site plan process must be ministerial, not discretionary. The Planning Board cannot 'reject' a site plan for 'insufficient information,' cannot require information outside the scope of what the town may lawfully regulate, and cannot impose unreasonable terms or conditions. The AG advised the town to consult with counsel on whether an amendment is needed.
How Other Towns Handle Process & Administration
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