Summer Street Land Split Wins Endorsement Following Court Remand and Jurisdictional Access Debate

Key Points

  • Scituate Planning Board approved three new accessory dwelling units at Turner Road Meeting House Lane and Pin Oak Drive
  • The board voted to remove a building department requirement for an additional garage door at 20 Meeting House Lane after residents proved sufficient alternative exits
  • A controversial land division at 165 Summer Street received endorsement following a Land Court remand and site visit by a presiding judge
  • The board returned over $50000 in guarantee funds to the developers of 18 Tilden Road following the completion of that project
  • An ANR plan for 74 Hillyer Road was endorsed to allow the transfer of unbuildable land to a neighboring property owner
  • Town officials provided updates on the Hatherly School construction progress and the ongoing revision of stormwater regulations

The Scituate Planning Board navigated a heavy agenda on Thursday night, granting approvals for three new accessory dwelling units (ADUs) and resolving a long-standing land division dispute on Summer Street. Board Chair Patricia Lambert opened the session by welcoming homeowners who are formalizing their living arrangements under the town's evolving bylaws. I want to commend you for coming in to make it a legal ADU. Thank you so very, very much, Lambert told Patricia and John Adams, who sought to convert a finished basement at 20 Meeting House Lane for family use. The Adams family successfully advocated for the removal of a building department requirement for an additional "man door" in their garage, citing existing exits. There is a viable additional exit for a tenant to go up the main stairs and out the front door or through the back like we did ourselves, explained John Adams. Member Maura Burke clarified the internal debate, noting that a man door is the type of door that the building commission is recommending, but the board ultimately agreed to strike the condition.

The board also reviewed applications for 45 Turner Road and 74 Pin Oak Drive. Attorney Jeff Delissian represented the Turner Road project, which involves a 245-square-foot addition to an existing garage to house his client's parents. Member Ann Burbine expressed her appreciation for the neighborhood's aesthetics, remarking, It's a very pretty house. I drive by to see all of the houses. Motion Made by Ann Burbine to approve the site plan and administrative review of an ADU at 45 Turner Road with the findings of fact that the project meets the size requirements of the zoning bylaw and the ADU will be 741 square feet. Motion Passed 5-0. For the 74 Pin Oak Drive project, representative Mr. Ome stated, My client wants to convert her downstairs existing into an ADU. She’s going to be installing a new kitchen and there will be no change in the footprint. Motion Made by Ann Burbine to approve the site plan administrative review of an ADU at 74 Pin Oak Drive with the condition that the house number must be visible from the street. Motion Passed 5-0.

The meeting’s most complex discussion centered on a Land Court remand for a property at 165 Summer Street that straddles the Scituate-Norwell line. Attorney Jeff Delissian argued that a modified plan now clearly demonstrates direct access to the public way. The plan before you tonight represents a remedy to the question of whether the lots could be accessed by Summer Street, Delissian said, noting that the presiding judge recently visited the site. The board debated whether a driveway primarily located in Norwell could serve as the required access for the Scituate portion of the lot. Vice Chair Rebecca Lewis sought a clear path forward, stating, I’m looking for objectivity here. Member Stephen Pritchard supported the endorsement, suggesting that the primary concern was physical access rather than municipal boundaries. It only boils down to whether or not they're going to access from Norwell or not, that’s a zoning issue, not a form A issue, Pritchard said. Motion Made by Ann Burbine to endorse as approval under the subdivision control law not required plan for Scituate and Norwell for the division of land at 165 and zero Summer Street as the division of land is not a subdivision because every lot shown on the plan has frontage of at least the distance presently required. Motion Passed 5-0.

In other procedural matters, the board authorized the return of a $50,000 performance guarantee for the 18 Tilden Road project. Motion Made by Ann Burbine to return $50,000 plus accumulated interest for total of $50,652.62 held for the project at 18 Tilden Road as the project is complete. Motion Passed 5-0. The board also endorsed an "Approval Not Required" (ANR) plan for 74 Hillyer Road. Registered engineer Mr. Lawrence detailed the plan to take the existing property and divide two unbuildable parcels out of the existing house lot to be conveyed to the neighbor. Motion Made by Ann Burbine to endorse as approval not required a plan for 74 Hillyer Road as the division of land shown is not a subdivision. Motion Passed 5-0. The meeting concluded with updates on the Hatherly School groundbreaking and upcoming stormwater regulation revisions. The meeting was adjourned at 7:55 p.m.