The Scituate Zoning Board of Appeals (ZBA) cleared a path for the division of a unique harbor-front property on Henry Lane during its December 18 meeting, relying on historical maps from the 1930s to resolve complex non-conformity issues. Attorney Jeff Delissi, representing Paul and Barbara Mirabo, presented the board with a plan to divide a single lot containing four existing dwellings into three separate lots. The proposal aimed to allow Mirabo to sell two outer units to long-term tenants while retaining a central duplex for his retirement.

The application hinged on Section 610.3 of the zoning bylaws, which requires proof that the dwellings existed prior to the adoption of the Subdivision Control Law in 1947. Delissi provided the board with archives including a 1935 map and a May 1947 geological survey to confirm the buildings’ longevity. "I was worried that we weren't going to be able to demonstrate that the buildings and dwellings existed at the time," Delissi admitted while walking the board through the archival exhibits. He emphasized that the division would not increase the property’s non-conformity in a detrimental way, stating, "The moment the planning board signs or endorses a plan as approval not required, we've reduced the size of the lot. So, the only way we could avoid a zoning violation is by having the zoning board bless the division."

Applicant Paul Mirabo detailed the property’s harrowing history, noting that the homes were nearly lost during the "No-Name" Perfect Storm of 1991. "I bought in 94 and the buildings had been destroyed in 91... we had to put every building up on concrete gears," Mirabo told the board, describing the subsequent years spent raising the structures to meet FEMA flood zone requirements. Neighbor Mary Jenkins of Sunset Road provided additional historical flavor, noting that the cottages weren't originally "planned" in the traditional sense. "Cottages washed over Sand Hills and that's how they landed there," Jenkins said. "None of this was part of a plan anywhere, it was just history I think is interesting." Jenkins expressed concern regarding a retaining wall near her property line, but the board clarified that no new construction was being authorized.

One board member noted the logic in the applicant's procedural approach, stating, "I would agree that you don't want to put in front of the planning board something that doesn't meet the ZBA and the zoning bylaw requirements. It's not useful to do that." Following the discussion, Motion made by a board member on the application of Paul Mirabo for 23 A-D Henry Lane to grant a finding pursuant to ZBL Section 820 that the proposed change in use is not substantially more detrimental to the neighborhood than the existing circumstances. Motion Passed (3-0).

A second motion was required to address the lot dimensions. Motion made by a board member on the application of Paul Mirabo for 23 A-D Henry Lane to grant a finding pursuant to ZBL Section 610.3 to reduce the size and dimensions of the existing zoning lot, finding that the dwellings existed as of the adoption of the Subdivision Control Law and that the reduction does not create new non-conformities. Motion Passed (3-0).

Beyond the Henry Lane decision, the board’s agenda was characterized by a series of continuances. Applications for Elizabeth McDonald at 37 River Street and Justin and Andrea Hoffman at 89 Neo Gate Street were both deferred. Motion made by a board member to continue the application of Elizabeth McDonald to January 15th. Motion Passed (3-0). Similarly, Motion made by a board member to continue the application for 89 Neo Gate Street to January 15th. Motion Passed (3-0).

The board also postponed hearings for 57 Summer Street and a major residential proposal at South River Marina. Motion made by a board member to continue the application of Andrea Montgomery for 57 Summer Street to January 15th. Motion Passed (3-0). Finally, regarding the proposal for 10 new townhouses at the marina, Motion made by a board member to continue the application of South River Marina Realty to January 15, 2026. Motion Passed (3-0).

The meeting was adjourned at the conclusion of the evening's votes.