Proposed Deck Setback Changes Tabled Following Concerns Over Property Devaluation

Key Points

  • - Voters passed Motion 1 regarding building height and rear yard definitions.
  • - Motion 2, which would have restricted setbacks for decks over 30 inches high, was tabled.
  • - Opponents argued the new rules were confusing and could devalue properties on small lots.

A controversial proposal to change zoning setbacks for raised decks was tabled by Town Meeting after residents and some officials argued the language was rushed and potentially harmful to property values. Article 23 was split into two motions; while the first motion regarding building height and rear yard definitions passed, the second motion regarding deck setbacks met significant resistance.

The proposed change would have impacted decks over 30 inches above grade, requiring them to meet stricter setback requirements. Advisory Committee member Linda Ferguson warned that the change could unfairly impact long-time residents on small lots, particularly those required to raise their homes due to flood zone regulations. This will prevent those who've had homes for decades and have to raise their house from having a deck like their neighbors. It may likely devalue these properties, Ferguson said.

Building Commissioner Bob Vogel argued the changes were necessary for fire safety and privacy, noting that high decks can overlook neighbors' yards even over standard fences. However, resident Gregory Morris criticized the language, asking Why is storm water being brought into a deck setback? The language isn't making sense here. A motion to table the second part of the article passed, sending the matter back for further review.

Motion: I [M. West] make a motion to table this article to further review.

Vote: Passed