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Board pauses proposed change to 'structure' definition after safety and enforcement concerns

November 24, 2025 | Gloucester City, Essex County, Massachusetts


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Board pauses proposed change to 'structure' definition after safety and enforcement concerns
The Gloucester Planning Board heard extensive public comment Nov. 20 on a proposed amendment to the zoning ordinance that would explicitly exclude flagpoles under 30 feet from the zoning definition of "structure," which would relieve those poles from local setback rules. Building Commissioner Ralph Vicari told the board the change is intended to avoid requiring zoning relief for common residential flagpoles and that the request did not aim to eliminate state building‑permit requirements.

Attorney Joel Favazza and multiple residents strongly opposed the proposed exclusion. Favazza argued the change would remove inspectional oversight and safety checks—allowing a 29‑foot pole to be installed a foot off a property line without inspection or setback—and noted that state law lists flagpoles as an example of a structure. Other residents described long‑running neighborhood impacts from tall flagpoles (noise, lighting, proximity to property lines) and urged either keeping flagpoles regulated as structures or adopting a bespoke local standard that preserves inspection and setback safeguards.

The building commissioner said communities sometimes exempt small flagpoles from setback rules and suggested the board could choose a lower height threshold than 30 feet; he reiterated that building permits remain governed by state code but the zoning amendment would affect local setback requirements.

After discussion, the board voted to continue the public hearing to Dec. 4 to allow staff and legal to explore alternatives, gather more information and consider a separate flagpole ordinance or a narrower approach that preserves inspection and safety standards.

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