The Marshfield Zoning Board of Appeals opened its February session on a somber note, observing a moment of silence for late Zoning Administrator Nancy Perea. Chair Brian Murphy led the tribute, stating, This is going to be a tough meeting tonight without her and we're all going to miss her. She was a beautiful human being and did a great job when she was here. Member Larry Keane added his thanks for the memorial before the board moved into a heavy docket dominated by property disputes and flood zone reconstructions.

A contentious battle over a deck at 8 Ocean Street drew significant debate as the board weighed a neighbor's claim of property encroachment against a homeowner's request for a special permit. Attorney Adam Brodsky, representing the Bruce Family Realty Trust, presented new survey data suggesting the home sits outside the flood zone, which he argued mooted previous violation claims. However, neighbor Pat Vanda presented a 2018 photograph to dispute the footprint of the current deck, telling the board, There was never a deck that went straight across. I really don't feel protected by a special permit. I'm asking for them to take some boards off that deck, get off my property, and everybody can coexist.

The board grappled with whether they had the authority to adjudicate a boundary line. Member Larry Keane voiced strong opposition to the permit, stating, I am not going to give concession to something that is clearly built on someone else's property. You could have moved the deck six inches; instead you come in with adverse possession. That instantly bothers me. Town Counsel Bob Galvin advised the board to remain neutral on the ownership dispute to avoid litigation, suggesting, Grant the special permit with a condition that if it's subsequently determined it encroaches, it must be removed. I just don't want our board to get sued. Motion Made by B. Murphy to grant a special permit allowing the alteration of a non-conforming structure with a deck, with the condition that any portion determined by a court to be outside the property line must be removed. Motion Passed (4-1) with L. Keane dissenting and S. Lynch recused. Motion Made by M. Brothers to allow the applicant to withdraw the variance and appeal without prejudice. Motion Passed (5-0).

Frustrations over state housing regulations boiled over during a hearing for Southshore Habitat for Humanity's project at 1929 Main Street. While the project aims to build an affordable three-bedroom home on land purchased with Community Preservation Act (CPA) funds, state law prevents the town from giving Marshfield residents preference in the housing lottery because it is a single-unit project. The Marshfield taxpayers just purchased this property. To me, a resident of Marshfield should have preference, L. Keane argued. It's extremely disappointing that they don't. We paid for it. This is a raw deal for us. Paris Ballinger of Habitat for Humanity explained that the $587,000 project must follow an open pool lottery per state guidelines. Motion Made by B. Murphy to grant the special permit for 1929 Main Street with conditions including notifying the purchaser of past flooding. Motion Passed (5-0-1) with L. Keane abstaining.

The board also tackled complex legal questions regarding riparian rights at 121 Grand View Avenue, where Craig and Sheila Garland sought to build a 273-foot dock. Member Stephen Lynch challenged the need for a side-yard variance, arguing that Massachusetts law generally grants upland owners rights to the low tide mark. I believe the upland owner owns to the low tide mark whether it's in his deed or not. If he owns to low tide, we don't have a problem with the setback, S. Lynch said. Town Counsel Galvin agreed with the assessment, leading Attorney Adam Brodsky to withdraw the variance request. Motion Made by B. Murphy to grant the special permit for the dock with debris cleanup conditions. Motion Passed (7-0). Motion Made by B. Murphy to allow the withdrawal of the variance without prejudice. Motion Passed (5-0).

In a case of administrative cleanup, Matthew Skeleton sought a variance for a pool and cabana at 9 Old Woodlot Lane that was found to encroach nine inches into a setback after construction. Skeleton noted that the mistake was only caught during an as-built survey and requested relief to avoid extreme financial hardship. Chair Murphy supported the request, noting, The financial crushing that would happen if we made this conforming is just not feasible. Building Commissioner Andrew Stewart noted that the pool house was also non-compliant. Motion Made by B. Murphy to grant the variance subject to the resubmission of application paperwork. Motion Passed (7-0).

The board processed several other residential improvements throughout the evening. At 94 Norwell Road, Gerardo Tool received approval for an addition over a garage, though Building Commissioner Stewart flagged an unpermitted shed on the property. We might want to address the shed, get it relocated so it's in the right position, get a permit for it, Stewart said. Motion Made by B. Murphy to grant the special permit for 94 Norwell Road with the condition that the shed be moved to a compliant location. Motion Passed (6-0).

Coastal and wetland protections were central to rebuild projects at 52 Gilbert Street and 1339 Ferry Street. Bill Fredborn discussed plans to elevate a home on Gilbert Street to meet AE9 flood zone standards, while Stewart warned that the 33.9-foot height limit left little room for error. The Conservation Commission will probably make you be a minimum of two feet off the ground... you only have about a foot to play with, Stewart noted. Motion Made by B. Murphy to grant the special permit for 52 Gilbert Street. Motion Passed (6-0). Similarly, Attorney Jeff DeLissi presented a plan for 1339 Ferry Street that would make a non-conforming lot less non-conforming by pulling the footprint back from property lines. Motion Made by B. Murphy to grant the special permit for 1339 Ferry Street. Motion Passed (6-0).

Additional approvals were granted for a screen porch at 15 Crane Road, where Rick Cevant noted the project would not create any new non-conformities. Motion Made by B. Murphy to grant the special permit. Motion Passed (6-0). Steven Kella was granted a permit for dormers at 237 Webster Avenue, with Stewart noting a requirement for a proper setback plan before occupancy. Motion Made by B. Murphy to grant the special permit. Motion Passed (6-0). At 598 Ocean Street, Christian Borne secured approval for a second-story addition, confirming that building height and footprint remain unchanged. Motion Made by B. Murphy to grant the special permit. Motion Passed (7-0). Finally, a long-standing dock at 88 Marginal Street was legitimized with a new special permit after Mark Burgess explained it had lacked a zoning certificate since the 1960s. Motion Made by B. Murphy to grant the special permit. Motion Passed (6-0).