Five-Foot Shed Setbacks and Streamlined Dormer Permits Anchor Proposed Zoning Bylaw Overhaul

Key Points

  • Proposed reduction of shed setbacks to five feet for structures under 240 square feet
  • New administrative approval process for dormers and "raise and rebuild" projects within existing footprints
  • Board initiative to overhaul "illegal" sign bylaws to better support local business visibility
  • Proposed bylaw change to allow docks to cross property lines without seeking a variance
  • Discussion on allowing Accessory Dwelling Units in commercial buildings located within residential zones

The Marshfield Zoning Board of Appeals moved to strip away layers of bureaucracy for local homeowners during a Tuesday workshop, focusing on a sweeping plan to allow the Building Commissioner to handle minor residential permits administratively. Building Commissioner Andrew Seeger presented a strategy to modernize decades-old bylaws that currently force residents into expensive and time-consuming public hearings for simple projects like sheds and minor home additions. Seeger highlighted the absurdity of the current system, noting that many Marshfield sheds are already illegally placed because homeowners struggle to meet a 10-foot setback on small lots. He proposed a new definition for sheds under 240 square feet that would require only a 5-foot setback in high-density R2 and R3 zones, bringing the town into alignment with fire safety codes while allowing residents to better utilize their backyards.

Board members expressed strong support for shifting the workload of routine approvals away from the board and back to the building department. Chair Brian Murphy criticized the current requirements for pre-existing non-conforming homes, where even replacing a structure within its original footprint requires a special permit. The variance for going over the back lot line for a deck is ridiculous. We shouldn't have to do that, Murphy said, advocating for the removal of restrictive language that complicates building on older lots. Larry Keane agreed that the board's time is often wasted on procedural hurdles, noting, A lot of communities around us have that if it's routinely approved, it fits into the community... it's just kind of procedural for the people to come here. Member Stephen Lynch summarized the goal of the reform, stating, We're trying to make this so that you can just issue a permit rather than coming here. That's the idea.

The board reviewed a specific case on an undersized lot where a homeowner is currently required to seek a ZBA hearing just to add a small dormer to fix a bathroom's ceiling height. Seeger argued that such minor changes, which do not expand a building's footprint or violate open space, should be handled as a matter of right. Associate member Mack Brothers threw his support behind the 5-foot shed setback for all residential zones, arguing against stricter rules for larger properties. Just because you have an acre lot doesn't mean you want a shed 10 feet by 10 feet in the middle of your backyard, Brothers said. Member Eric Murphy noted that the current lack of a specific shed bylaw is a major gap in the town's code, observing, We don't have a definition. It's called an accessory building... I think it would be very helpful if we had one.

The workshop also tackled Marshfield’s sign bylaws, which Chair Brian Murphy labeled a disaster and illegal. The board discussed how current rules unfairly penalize businesses, such as the Cask 'n Flagon being unable to place a sign on a rear entrance where customers actually park, or large industrial buildings being limited to the same sign sizes as small storefronts. Stephen Lynch recalled his own clash with the sign code over political displays, telling the board he refused to take signs down a day early because you can have them up year-round. Member Grover Hensley Jr. cautioned that while streamlining is necessary, the board must ensure new definitions don't create loopholes for larger structures. As long as we don't get on the slippery slope where every other accessory building then starts fitting this definition, Hensley warned. The board also discussed fixing a long-standing oversight regarding docks, with Seeger proposing language that would allow docks to traverse rear property lines by right to reach the water, ending the need for a special variance for waterfront owners.