The Scituate Planning Board is moving to restrict how close new accessory dwelling units (ADUs) can be built to property lines, proposing a zoning change that would increase rear and side setbacks from eight feet to 15 feet. During a policy-heavy session on Thursday night, board members expressed frustration with state mandates that often override local density preferences. The board is attempting to navigate new state laws while maintaining the character of residential neighborhoods. "I think we need to clean up stuff," said Member Ann Burbine. "If it’s good for R1 and R2 [districts], why isn't it good for R3? Everybody's going to be smooshed in together."

The discussion on setbacks was spurred by a recent trend of two-story ADUs being proposed within eight feet of property lines, a distance historically reserved for small, unoccupied sheds. Stephen Pritchard noted the difficulty of balancing property rights with neighbor concerns, suggesting the 15-foot rule as a compromise. "I guess I would say that, you know, if you think that's going to continue to be the case, then we propose 15 and explain it that way," Pritchard said. "On the whole it preserves, you know, at least limits how close [buildings get]."

The board also moved to resolve a lingering construction hurdle at 194 Driftway (Ford Place). The developer requested the removal of a permit condition requiring the Fire Department to drive a heavy ladder truck onto a specialized reinforced grass courtyard to test its weight-bearing capacity. Deputy Fire Chief Pat Riley informed the board via email that the department would not risk damaging equipment for a test. Motion made by Ann Burbine to remove condition 89 for the 194 Driftway development regarding fire equipment testing, provided that an as-built drawing and engineering certification are submitted to verify the reinforced grass meets specifications. Motion Passed (3-0). Chair Patricia Lambert noted the unusual nature of the situation, remarking, "I’ve never heard [of them refusing]... sounds good to me."

In a separate matter, the board approved a minor modification for an ADU at 26 Sylvester Road. The homeowner sought to increase the unit's size from 851 to 892 square feet after switching to a different builder. Engineer Gregory Morris, representing owners Paula and David Higgins, explained that the structure would be slightly wider but remain in the same location. Motion made by Ann Burbine to approve the minor modification to the site plan administrative review for the ADU at 26 Sylvester Road, increasing the size to 892 square feet. Motion Passed (3-0). Despite the approval, Burbine expressed annoyance at the late-stage change, stating, "It’s too bad that people can’t, you know, get their stuff organized before they file."

Zoning cleanup continued with a focus on building heights and water protection. Vice Chair Rebecca Lewis, who arrived later in the meeting, sought clarification on how roof heights are measured to prevent developers from exploiting vague language. "So this should... say it’s to the highest point of the roof?" Lewis asked during a discussion on clarifying the five-foot allowance for ridge lines. The board also discussed tightening the Water Resource Protection District bylaw to include 400-foot buffers from high water marks and 200-foot buffers from all tributaries.

Earlier in the evening, the board made several procedural moves regarding ongoing developments. Motion made by Patricia Lambert to accept the applicant's request to continue the public hearing for the South Marina development at 21 Central Avenue and 7 Marshville Avenue until January 22, 2026. Motion Passed (3-0). The board also finalized endorsements for a multi-family project on Country Way. Motion made by Patricia Lambert to endorse the plans for two multi-family buildings at 799 and 801 Country Way as conditioned in the October 3, 2025 decision. Motion Passed (3-0).

The meeting concluded with a look toward the upcoming January public hearings for the full slate of zoning articles. The board confirmed that while state law allows for majority votes on certain housing-related items, they intend to seek a two-thirds majority for all housekeeping and zoning changes to ensure broad community support. The meeting was adjourned at 7:45 p.m.