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Somerset council legalizes larger rear patio at 5529 Surrey Street after stormwater fixes
Summary
The council approved a permit amendment for Robert Herman at 5529 Surrey Street to legalize a larger rear patio (from about 415.7 sq ft to 542.9 sq ft) after the town accepted a revised stormwater plan and enlarged rain garden; neighbors voiced both process concerns and support.
The Somerset Town Council on Aug. 26 approved a permit amendment for 5529 Surrey Street to legalize a larger rear patio and an updated stormwater plan.
The modification, described by the mayor, increases the patio from "415.7 square feet" to "542.9 square feet." Town Manager told the council the town posted a stop-work order in March and again in June after staff found the patio had been built larger than the approved plans. "The stop work order was placed because the applicant had constructed the patio larger than what had been approved to the town council," the Town Manager said.
Why it matters: Councilors and residents debated both the magnitude of the added impervious surface and the town’s inspection and enforcement procedures. Permit staff said the applicant submitted a revised stormwater management plan that increases a rain garden to roughly 71 cubic feet to handle the additional runoff, a change the permit administrator described as sized to capture the extra flow (staff said the revised feature was designed to capture roughly 2.6 inches of rain for the additional structure).
Council discussion focused on two threads: the technical adequacy of the updated stormwater measures and frustration that the same addresses repeatedly return to council for amendments or enforcement. Several council members urged fuller enforcement or fines for projects that stray from approved plans, saying the repeated reviews cost staff time and attention. "We should send a message that being good neighbors ... means sticking to your plan," one councilor said during deliberations.
Neighbors offered mixed perspectives. Nat Finkelstein, who lives at 5527 Surrey Street, told the council the owner had renovated the house and landscaped the lot, and urged approval: "I would seriously encourage the council to approve this request." Other residents pressed staff on inspection timing and whether small projects routinely draw county inspections.
The council moved to approve the amendment and voted in favor by voice vote. Because no opposition was presented at the hearing, the town manager will be asked to issue the permit consistent with the council’s action and the usual 30-day appeal period described at the hearing.
Next steps: The approved amendment brings the patio into compliance with the town’s records and requires the town to rely on the recorded maintenance agreement tied to the revised stormwater feature; the council asked staff to consider whether the town should change inspection timing or fee structures to reduce repeat permit issues.
