Fifteen Percent Driveway Slopes Halt Neilgate Subdivision Over Public Safety Icing Concerns
Key Points
- Safety concerns over 15% driveway slopes and road icing halted a four-lot subdivision at 48 Neilgate Street
- Large 1,255-square-foot detached ADU approved for 36 Grasshopper Lane despite neighbor density concerns
- Zoning bylaw updated to allow necessary egress stairs to extend into setbacks for elevated flood-zone homes
- Scituate Redevelopment apartment project estimated at $66.1 million as CPC seeks more public input
- Cleanup and permit compliance check underway at the 803 Country Way project site
Public safety concerns regarding steep driveway grades and potential winter icing stalled a proposed four-lot subdivision at 48 Neilgate Street during Thursday’s Planning Board meeting. The project, which involves razing an existing home to build four new single-family residences on a four-acre site, faced sharp criticism from both town officials and neighbors over the 15% grade of the proposed driveways and their impact on a dangerous bend in the roadway.
Gregory Morris of Morris Engineering presented the plan, noting the site’s sandy soils and the use of roof drywells and particle separator catch basins for stormwater management. We believe we have addressed the majority of peer review comments,
Morris stated, adding that the team chose the 15% slope to avoid the clear-cutting required for a flatter common driveway. However, peer reviewer Janet Bernardo of Horsley Witten Group raised red flags about the design. Two of them are around 15% grade with steep walls. We recommended the fire department look at these for access comfort,
Bernardo said, noting that some walls would reach heights of 10 feet.
Board members were quick to side with concerns raised by the Department of Public Works. Member Stephen Pritchard warned of the hazardous conditions the steep slopes could create during Scituate winters. DPW is very concerned about this,
Pritchard said. You could have a skating rink and automobile crashes. I don't think the stormwater has been adequately addressed.
Chair Patricia Lambert echoed these worries, pointing out that the fire department also preferred a common driveway to minimize curb cuts and ensure emergency access. I think some grading needs to be redone,
Lambert noted.
Resident Edward Oaks, who lives directly across the street at 51 Neilgate, expressed fear that the new development would exacerbate existing flooding issues. By introducing all these roofs and driveways, you're transferring water down the hill,
Oaks told the board. I already have water problems in my basement. The catch basins you've designed don't go anywhere; they just catch water and it eventually flows into the ground and down to us.
Neighbor Andrew Scans emphasized the roadway's inherent dangers, stating, Neilgate is a freeway between 3A and 123. It's a dangerous bend. I worry about safety and the narrow roadway more than preserving trees.
Applicant Steve Guard defended the choice to avoid a common driveway to preserve the scenic road's vegetation. I live around the corner and I don't want to look at a clear-cut,
Guard said, suggesting that landing areas and heated driveways could be addressed at the building permit stage. The board, however, remained skeptical. Motion Made by R. Lewis to accept the applicant's request to continue the hearing for the Stormwater permit for 48 Neilgate Street until April 21st and to continue the time for action until May 12, 2026. Motion Passed 5-0
In other business, the board approved a 1,255-square-foot detached accessory dwelling unit (ADU) at 36 Grasshopper Lane, despite neighbor concerns about increasing neighborhood density. The new 1.5-story structure will replace an existing cottage and represents 37.8% of the primary home’s size. Attorney Bruce Isidor, representing Michael and Elizabeth Snider, questioned the precedent of granting permits for larger units. Somewhere along the line, you're going to start denying people because it's too crowded,
Isidor said. I ask this board to look at the impact of granting special permits for larger units.
The board found the project met all requirements, with Member Ann Burbine noting it is subordinate to the house.
Vice Chair Rebecca Lewis clarified that while the board hears the concerns, they must follow the existing bylaw. To address concerns about size, it is keeping under 40%,
Lewis said. Whether we like it or not, this is what we have to do as long as they meet the rules and regulations.
Member Maura Burke added that the building looks great
and is in keeping with the neighborhood.
Motion Made by R. Lewis to approve the special permit for a detached accessory dwelling at 36 Grasshopper Lane with findings of fact and 22 conditions. Motion Passed 5-0
The board also performed a site plan administrative review for a smaller detached ADU at 57 Summer Street. The 653-square-foot unit, which Gregory Morris noted would have its own septic and four dedicated parking spaces, was approved after brief public inquiry. Resident Jane Snow asked, Will they have enough parking?
to which Morris confirmed the spaces would be entirely on the property and not on the private way. Motion Made by R. Lewis to approve the site plan for the detached ADU at 57 Summer Street with conditions including no short-term rentals. Motion Passed 5-0
A clarifying amendment to the zoning bylaw regarding elevated homes was also endorsed. The change to Section 620.4D ensures that residents who must elevate their homes to meet flood codes can still install necessary egress stairs even if they extend into setbacks. We only want to allow the stairs needed for egress, not multiple sets of stairs,
Chair Lambert explained. Motion Made by R. Lewis to approve the change to the zoning bylaw language for Section 620.4D. Motion Passed 5-0
During town updates, Vice Chair Lewis highlighted a recent Community Preservation Committee meeting regarding the Scituate Redevelopment project. The 63-apartment development is currently estimated as a $66.1 million project. There needs to be more public input so people can see the reality of it,
Lewis said, noting that repairing the revetment is a critical early step. In North Scituate, Member Burbine reported that activity is resuming at 803 Country Way. They are cleaning up the yard and removing metal and junk,
Burbine said, though she reminded the board that the developers still must meet special permit conditions before demolition can proceed.