Orleans ZBA Continues Coastal Bank Case, Clears Cannabis Retailer for Later Hours

ORLEANS -- February 18, 2026, Orleans ZBA continues a contentious Nauset Harbor coastal bank case while clearing a cannabis retailer for longer hours. The Orleans Zoning Board of Appeals voted 4-0 on February 18 to continue Case 2026-01, Michelle Lavelle's special permit application to demolish and rebuild a dwelling and garage at 355 Tonset Road, to March 18, after Building Commissioner Davis Walters flagged that the proposed guest cottage, at 1,474 square feet, likely exceeds the town's 1,200-square-foot accessory dwelling unit limit, and member Matthew Cole noted the two issues are linked because a smaller cottage could pull total building coverage below the 4,000-square-foot special permit threshold. Member Gerald Mulligan warned the board that approving entirely new construction with no reduction in coastal bank encroachment "obliterates, completely, any concern for the coastal bank setback" and sets a precedent making future denials difficult to sustain. In a separate matter handled in roughly 10 minutes, the board voted 4-0 twice to renew the marijuana establishment special permit for Ember Gardens Cape Cod LLC at 41 Route 6A and to extend the business's allowed operating hours to 8 a.m. through 10 p.m., matching a recent approval granted to another Orleans cannabis retailer.