Enforcement Action Looms at 42 Crescent Road Following Unpermitted Waterfront Patio Expansion

Key Points

  • Commissioners expressed significant frustration over unpermitted patio and driveway expansions at 42 Crescent Road
  • Border Street parking design "Option A" was selected as the preferred layout for cost and environmental reasons
  • The 28 Hatherly Road addition was approved with a requirement to replace a removed tree with a native species
  • A new policy is being drafted to require two-foot structural clearances and natural skirting materials in flood zones
  • Zero Bossy Lane mitigation plan finalized with a 12-tree planting requirement and restricted mowing schedule
  • Negotiations for the Old Oak Bucket Road cranberry bogs are ongoing with plans for a future town meeting vote
  • The board confirmed a transition toward more in-person meetings at Town Hall starting in March

The Scituate Conservation Commission addressed several residential applications and a significant enforcement concern during its early February meeting. Professional Land Surveyor Rick Savant of Stenbeck and Taylor presented plans for a single-family addition at 28 Hatherly Road, noting the project sits 61 feet from the wetland boundary. While applicant Jonathan Richie expressed his appreciation to the board, noting that his daughter, a nurse practitioner, will be very grateful for the additional space, some commissioners raised concerns about parking and vegetation. Member Brendan noted his agreement with the board regarding the need for environmental preservation, stating he would just agree with everyone on the tree replacement. Motion Made by Penny to close and issue 28 Hatherly Road. Motion Passed 4-1, with Robbie voting in the negative.

The meeting shifted focus to a contentious enforcement issue at 42 Crescent Road, where a patio and driveway were constructed significantly larger than what was originally approved. Member Eric voiced strong opposition to the homeowners' actions, stating that he does not like them making a mockery of the process and adding that the starting conversation should involve tearing up the unapproved work. Penny echoed this frustration, arguing for stricter penalties and noting that this has been a problem project from day one. Roger suggested that the board needs to establish firmer guidelines for such violations, stating he would like to make sure that when the applicants do attend a future meeting, the commission understands its full enforcement capabilities. Robbie contributed to the discussion by suggesting that simply asking for more plantings might not be enough to prevent a precedent where residents build first and ask for permits later.

In other project news, Greg Morse of Morse Engineering updated the commission on a revised mitigation package for zero Bossy Lane, which now includes 12 native trees and a specific mowing schedule to protect the meadow. Greg Morse explained that the leaf clippings and debris would be left on the meadow after it was mowed to maintain the habitat's integrity. Motion Made by Penny to close and issue zero Bossy Lane. Motion Passed 5-0. The board also reviewed an order of conditions for 22 Barry's Landing, specifically encouraging the use of native plantings near the river. Motion Made by Penny to accept the orders as written for 22 Barry's Landing. Motion Passed 5-0.

The commission concluded the evening by discussing a new policy for house skirting in flood zones and reviewing parking layouts for the Border Street property. Regarding the new skirting policy, Frank Snow suggested the board move toward a standardized two-foot clearance requirement, noting he wanted to talk about some goals and objectives of the commission including how skirting might run. For the Border Street parking project, the commission reached a consensus on "Option A" due to its lower cost and minimal impact on the existing field. Penny also provided an update on negotiations for the purchase of the cranberry bogs on Old Oak Bucket Road, confirming that the town is working on obtaining grants but must stay within appraised values. The meeting was adjourned at 7:30 p.m.