400-Foot Water Protection Buffers Proposed Following Scituate Accessory Dwelling Unit Approvals

Key Points

  • Approval of a 642-square-foot ADU at 19 Scituate to support a three-generation family living arrangement
  • Authorization of an 851-square-foot attached ADU at 26 Sylvester Road for homeowner retirement
  • Proposed expansion of water resource buffer zones from 150 to 400 feet to meet state DEP standards
  • Review of a 79-acre land acquisition proposal to protect the town's primary surface water sources
  • Notification of mandatory stormwater regulation revisions following an EPA MS4 permit violation
  • Continuation of the multi-family development hearing for 18-20 Country Way to August 28

The Scituate Planning Board convened for what Chair Patricia Lambert dubbed "ladies night" due to the absence of several members, focusing primarily on the approval of new accessory dwelling units (ADUs) designed to facilitate multi-generational housing. Brian Greenberg of Grace Custom Homes presented a plan for 19 Scituate, describing a 642-square-foot basement unit for the homeowners' adult son. Greenberg noted that the project creates a family buffer, allowing three generations to reside on two adjacent lots. He explained that the goal was to build a modest house for retirees with space for their son, noting one of the homeowners is a disabled military veteran. The board commented on the modest nature of the request, with Ann Burbine remarking that she had not seen a new construction house of that small size for a very long time. Addressing the timeline for final state approval of town bylaw changes, Vice Chair Rebecca Lewis observed that the Attorney General’s office does not usually provide final word until September. Motion Made by Patricia Lambert to approve the site plan administrative review of an ADU at 19 Scituate following conditions that any construction shall substantially conform to the architectural plans by Olde Architecture Plus Design and that the ADU cannot be used for short-term rentals. Vote Passed 4-0

A second ADU application was approved for 26 Sylvester Road, where owners Paula and David Higgins intend to build an 851-square-foot attached unit for their own residence while their daughter’s family moves into the primary home. Engineer Morris of Morris Engineering detailed the single-story, two-bedroom addition, confirming that it met all zoning and water resource protection requirements. The intent here is for their daughter to move into the house and reside in the house with her family and for the owners to construct this new unit, Morris stated. Ann Burbine expressed her support after visiting the site, stating that she took a ride to Sylvester Road and the proposal seemed appropriate to her. Motion Made by Patricia Lambert to approve the site plan administrative review of an ADU at 26 Sylvester Road with conditions including that the basement cannot be converted to finished space for the ADU without further review. Vote Passed 4-0

The board shifted focus to environmental protections as local resident Bruce presented a proposal to amend the Water Resource Protection District bylaw. Bruce argued that the current 150-foot non-disturbance buffer is insufficient and inconsistent with state Department of Environmental Protection (DEP) regulations, which mandate 400 feet for surface water sources. We have a wording problem and I believe we need to fix it, Bruce said, suggesting that the town align with the 400-foot horizontal requirement from the high water mark of reservoirs and 200 feet from tributaries. Select Board member Freda added that while the town is looking into water options, she was told that the DEP does not strongly support new surface water permits at this point. The discussion also touched upon the potential town acquisition of the 79-acre Dishpan property to further safeguard the local water supply. Board member Maura Burke highlighted the importance of community outreach regarding these initiatives, noting that the Economic Development Commission is working to provide the public with highlights. I think it’s about giving teasers to go in depth to interest the public, Burke said regarding digital updates for town projects.

The meeting concluded with a briefing on a recent EPA notification regarding MS4 stormwater violations. Town Planner Karen Joseph explained that the town must revise its stormwater regulations by the end of the year to meet strict new standards for suspended solids and phosphorus removal. Additionally, the board handled administrative updates for Gannett Road and agreed to continue a high-profile hearing for a multi-family building. Motion Made by Patricia Lambert to continue the public hearing for the major site plan administrative review and stormwater permit for 18-20 Country Way until August 28, 2025 at 6:30 p.m. Vote Passed 4-0

The meeting was adjourned at 8:12 PM.