Henry Lane 3-Lot Division Approved; Deck, Stormwater Bylaws Debated
Key Points
- Henry Lane property division approved based on pre-1947 building evidence.
- Heated public debate on proposed zoning bylaw changes for decks, stairs, and setbacks leads to continuation.
- Discussion on stormwater bylaw reveals concerns about fairness; hearing also continued.
- Accessory Dwelling Unit (ADU) at 15 Border Road receives site plan approval.
- Board recommends town acceptance of Carriage House Way and Coldbrook Circle as public roads.
The Scituate Planning Board approved a controversial three-lot division for a waterfront property on Henry Lane during its Thursday meeting, relying on historical maps to determine the land did not require a full subdivision plan. The decision came amid lengthy and contentious public hearings on proposed zoning bylaw changes affecting decks, stairs, and stormwater management, both of which were ultimately continued to a future meeting for further review.
The board's most prolonged debate centered on a request from property owner Paul Marabido to divide his land, which contains three small homes. Attorney Jeff Delissi, representing Marabido, argued that maps dating back to 1937 proved three buildings existed on the property before Scituate adopted subdivision control laws in 1947, thereby exempting the plan from a formal subdivision review. Town Planner Karen disagreed, presenting assessor's data that she said showed one of the buildings was constructed in 1950. “Based on the assessor's information, I don't think that the I don't think all three buildings were there prior to August 3rd, 1947,” she stated. However, board members were ultimately persuaded by the applicant's historical documents. “This seems like the most… clearest set of facts here,” one member concluded before the final vote. Motion Made by a board member to endorse as approval not required of land in Scituate Mass 23A through C Henry Lane… as the division of draft plan shown is not a subdivision because two or more structures were standing on the property prior to the date subdivision control law went into effect in town and one of such buildings remains standing on each of the proposed lots. Motion Passed 5-0.
Later, the meeting grew heated during discussions on proposed bylaw amendments. A change to zoning rules regarding decks and stairs drew sharp criticism from residents and professionals. Greg Morris of Morris Engineering argued the new language would unfairly prevent homeowners from extending stairs when elevating their homes for flood compliance, stating, “This doesn't allow them to add steps to their existing.” Architect Steven Chong, representing a client on Glades Road, warned that the proposed effective date could derail a previously approved project, making the property “worth substantially less than what it was acquired for.” Another debate erupted over the stormwater bylaw, with Morris arguing that the current threshold for requiring a permit “penalizes the people with the smallest house.” Resident Julie Johnson agreed, telling the board, “it's imbalanced. It needs to become a more reasonable measure.” Faced with unresolved questions, the board voted to continue both public hearings to its February 12th meeting.
In other business, the board unanimously approved a site plan for a 630-square-foot Accessory Dwelling Unit (ADU) inside an existing home at 15 Border Road, following a presentation by applicant Margaret Major. Motion Made by a board member to approve the site plan administrative review of an ADU at 15 Border Road… with conditions. Motion Passed 5-0. The board also recommended that the town accept Carriage House Way and Coldbrook Circle as public roads. Sean McCarthy of the DPW confirmed that the homeowners' association would retain responsibility for decorative street lights and the stormwater system. Motion Made by a board member that the planning board recommend to the select board and 2026 annual town meeting that the streets of Carriage, House Way, and Coldbrook Circle be laid out… and be accepted by town meeting to become public ways. Motion Passed 5-0.