New Deck Setback Restrictions Tabled Amidst Privacy And Fairness Concerns
Key Points
- Clarifications for roof ridge heights and FEMA compliance passed.
- A proposed 18-inch setback for elevated decks was tabled after a 68% vote.
- Opponents argued the deck rules were rushed and unfairly targeted small residential lots.
Voters at the Annual Town Meeting engaged in a spirited debate over Article 23, which proposed changes to building heights and deck setbacks. While a motion clarifying maximum roof ridge heights passed, a second motion regarding deck setbacks was ultimately tabled after residents argued the changes were rushed and potentially unfair to owners of small lots.
The controversial portion of the article proposed an 18-inch setback for decks over 30 inches high. Advisory Committee member Linda Ferguson strongly opposed the measure, stating it would selectively impact residents in the R3 zone while grandfathering in existing structures. Our town should not be doing anything that selectively enforces restrictions when the entire rest of the neighborhood does not have to abide by those same restrictions,
Ferguson said. Building Commissioner Bob Vogel argued the change was necessary for fire safety and privacy, noting that screening is often impossible for decks elevated 10 feet off the ground.
Resident Gregory Morris also spoke against the amendment, suggesting it conflicted with existing bylaws that allow unroofed porches in setbacks. Following the debate, a motion to table the deck setback proposal passed with a 68% majority, effectively halting the change for the time being. The earlier portion of the article, which clarified a 10-foot allowance for FEMA compliance in flood zones, was approved earlier in the session.
Motion: I move to table the second motion of Article 23.
Vote: Passed by 2/3 Majority (68% to 31%)