Deck Setbacks, Stormwater Rules Draw Fire; Scituate Board Punts on Key Votes

Key Points

  • Proposed zoning bylaw changes for rear setbacks and decks met with strong public opposition over concerns they were overly restrictive, especially for R3 districts.
  • The board agreed to reconsider language in a proposed bylaw that could prevent homeowners from making FEMA-compliant home elevations.
  • A potential "grandfather clause" or future effective date for new bylaws is now under consideration after a builder's permit was denied based on a yet-to-be-approved rule.
  • Proposed stormwater bylaw changes faced criticism for a "25% increase" rule that unfairly penalizes owners of small homes while benefiting those with larger properties.
  • Public hearings on the most contentious sections of both the zoning and stormwater bylaws were continued to the board's January 22nd meeting.
  • An accessory dwelling unit (ADU) at 28 Havlin Road received unanimous approval.

The Scituate Planning Board’s January 8th meeting turned into a lengthy public debate as residents and building professionals voiced strong opposition to a slate of proposed zoning and stormwater bylaw changes. The most contentious proposals involved increasing rear-yard setbacks and new rules that would prevent decks and patios from extending into setback areas, particularly in densely populated R3 districts. Resident Maryann Lewis of 18 Lighthouse Road argued the new definition of "impervious surface" was an "overly broad, wide net that you're casting" and that the deck limitations were an "overly restrictive proposed change" for neighborhoods with small, pre-existing lots. She also criticized the timing of the public notice, which was posted over the Christmas and New Year's holidays, stating, "I don't think that that is in the spirit of transparency."

The board faced a barrage of technical and practical concerns from local professionals. Greg Morris, an architect from 167 TAC Factory Pine Drive, pointed out a critical flaw in the proposed language, noting it would prevent homeowners from raising their houses for FEMA compliance because adding necessary stairs would "increase a nonconformity where one exists." Builder Carrie Johnson of KD Construction described how a client's project was recently denied a building permit based on the proposed bylaw, which has not yet been passed. "If that's the case, what's the point of having a public hearing?" she asked. The board acknowledged the criticism. One member conceded, "I think that there does need to be... people who are already in this process. It's not fair." After extensive discussion, the board agreed to pause. A motion was made to close the public hearing for all proposed zoning bylaw changes except for the modifications in section 620.4, which will be continued to the next meeting. Motion Passed (5-0).

A separate hearing on amendments to the town's general stormwater bylaw also drew criticism. Following a presentation by environmental planner Nick Cohen of the Portland Group, who explained the changes were necessary for state permit compliance, Mr. Morris again raised concerns. He argued that a rule requiring a permit for any project that increases impervious area by 25% "caters to people that have the big houses and not the small houses," forcing owners of smaller homes into expensive engineering for minor additions. The board appeared to agree with the critique. "There is something very wrong with this and it's not anyone's fault," a member stated. "We just have to figure out as a community and as a department how to resolve this." A motion was made to continue the public hearing for the stormwater bylaw to January 22nd at 7:15 p.m. for sections 4A1 and 4A2. Motion Passed (5-0). The board did, however, unanimously approve an accessory dwelling unit (ADU) at 28 Havlin Road for residents Jonathan and Maria Richie, who are building the unit for their daughter. Carly Tobias of Rockwood Design, representing the applicants, explained the project was a 766-square-foot addition. Following a review, a motion was made to accept the findings of fact for the ADU at 28 Havlin Road as amended. Motion Passed (5-0), followed by a motion to approve the site plan administrative review for an ADU at 28 Havlin Road with the listed conditions. Motion Passed (5-0). The meeting was adjourned following the completion of business.