Scituate Commission Enforces 50-Foot Buffer Rule, Requiring Kent Street Rebuild To Shift Forward

Key Points

  • Commissioners required the 129 Kent Street project to move the proposed home out of the 50-foot buffer zone.
  • A $10,000 escrow holdback was established for 44 Captain Pierce Road to ensure the survival of required mitigation plantings.
  • The commission approved a revised footprint for 89 Inly Road with a new requirement for five native tree plantings.
  • A two-year extension was granted for ongoing seawall reconstruction work at Ocean Drive and Kenneth Road.

The Scituate Conservation Commission stood firm on its environmental setbacks Monday night, informing the owners of 129 Kent Street that their proposed home reconstruction must be relocated further away from the salt marsh. The project, presented by Jed Hannon of Atlantic Coast Engineering on behalf of Joseph and Kathleen Hayes, sought to replace an existing flood-prone home with a new dwelling on wood pilings. However, commissioners quickly identified that the new orientation pushed significantly into the town’s 50-foot wetland buffer zone.

“I definitely would like to see that out,” said member Eric, noting the house appeared to be deeper into the protected area than the original structure. “I think that it would be appropriate to have some sort of give on this one.” Member Penny Scott-Pipes agreed, stating, “We really need to see this moved forward because the original house was not this far back.” The commission’s consensus was that the house should be shifted toward Kent Street to minimize encroachment. Motion made by Penny Scott-Pipes to continue 129 Kent Street to January 5. Motion Passed (5-0). Member Roger observed the proceedings and joined the consensus without further inquiry, while member Robbie questioned the logic behind the initial design, asking, “Do we know why the house was moved east or towards the buffer in the first place?”

The board also navigated a revised building footprint for 89 Inly Road, filed by Olivera Properties. Greg Morse of Morse Engineering explained that while the house size had slightly increased, the structure remained 74.2 feet from the wetlands, complying with the 50-foot setback. Discussion turned toward tree mitigation to offset the clearing of the wooded lot. Chair Frank Tenore pushed for specific native plantings, suggesting “trees that could tolerate wet feet like a tupelo or something like that could be good in there.” The applicant agreed to plant four to five native trees in coordination with the Conservation Agent. Motion made by Penny Scott-Pipes to close and issue the order for 89 Inly Road. Motion Passed (5-0).

A complex situation regarding a partial certificate of compliance at 44 Captain Pierce Road was resolved through a substantial financial agreement. Conservation Agent Jen expressed concern over the survival of required plantings and the fact that eight trees had yet to be installed. “I think we want to be very specific about what documentation and number of seasons to monitor,” Jen said, suggesting a significant escrow holdback. “I’m inclined to think that should be more like 10 [thousand dollars].” Guest William Ford, representing the property, agreed to the higher amount to facilitate a property transfer. “Since you've mentioned the 10,000, I will pledge that amount and I'll deliver a check for $10,000 to Jen,” Ford noted, explaining that the funds were necessary to meet contract deadlines with the seller.

In other business, the commission granted a time extension for municipal infrastructure work on the Scituate seawall along Ocean Drive and Kenneth Road. Motion made by Penny Scott-Pipes to give the extension for two years for the seawall project. Motion Passed (5-0). The board also finalized orders for 47 Rebecca Road, where the applicant had modified plans to move a deck away from the seawall and utilized shells for the driveway surface. Motion made by Penny Scott-Pipes to accept the orders of condition for 47 Rebecca Road as written. Motion Passed (4-0-1), with Eric abstaining as he was not present for the prior deliberations.

The meeting was adjourned at 6:47 p.m.