Sandwich Street Family Lot Split Secures Planning Board Support Despite Dissenting Vote
Key Points
- Divided Planning Board grants special permit for 243 Sandwich Street subdivision
- Member Francis Mand dissents, arguing the project misuses the "spirit" of the Village Open Space Development bylaw
- Board requires permanent concrete bounds to delineate new neighborhood open space
- Planning Board commits to May 5 joint economic development meeting with Select Board
- Spring cleanup and Herring Run Festival highlights upcoming town activity calendar
A plan to carve a new retirement home lot from a 1.3-acre parcel at 243 Sandwich Street cleared the Planning Board on Wednesday, though the decision sparked a debate over the intended spirit of the town’s Village Open Space Development (VOSD) bylaw. The petition by the Butterfield Family Living Trust sought a special permit to subdivide the land into two residential lots and one dedicated open space parcel. Applicant Nate Butterfield explained that the project is designed to allow his 72-year-old mother to transition to a single-floor retirement home while remaining on family-owned land. Finding this type of property in this neighborhood is difficult and expensive,
Butterfield told the board, noting his family has owned property in the immediate area for nearly a century. This allows her to stay on family property while maintaining autonomy.
Engineer Chris Anderson of Merrill Engineers detailed how the plan utilizes the VOSD bylaw to meet the 40% open space requirement, setting aside over 23,500 square feet. The project also required a waiver for a front yard setback, as the existing 1800s-era home sits just 16 feet from the property line. Anderson noted that under the VOSD bylaw, we are required to set aside 40% open space. This meets that criteria,
adding that the applicant agreed to include a covenant allowing direct abutters access to the open space. Planning Director Lauren Lind supported the application, stating that this is consistent with the intent of the VOSD bylaw. Staff has no major concerns.
The proposal encountered resistance from Member Francis Mand, who argued the VOSD bylaw was never intended for small-scale subdivisions to increase density on a single lot. VOSDs are supposed to be consistent with the village center plan and provide meaningful open space—habitat, buffered, or recreational. This is simply space between houses,
Mand said. He argued that the application diminishes our understanding
of the bylaw, suggesting it was designed to protect larger contiguous areas rather than facilitating private lot splits. Chair Steven Bolotin countered that the approach was a valid and creative use of town regulations, asserting that taking land restricted to one person's use and making it available to neighborhood property owners qualifies as meaningful. It's a benefit to the area.
Board members focused on the practical long-term management of the new open space parcel. Vice Chair Timothy Grandy requested additional permanent markers to ensure future residents are aware of the boundaries. I would like that open space to be clearly delineated through signs or concrete bounds so neighbors know where it is 20 years from now,
Grandy noted. Member Tim Bennett raised concerns regarding an existing century-old overhead power line easement that cuts across the proposed open space, suggesting that it should be delineated somehow, perhaps with a defined width or an alternative route so it doesn't diagonally cut across the open space.
Member Carl Donaldson expressed personal empathy for the applicant’s situation, stating, I understand what you're doing here and why. I have a mother who needs to go somewhere as well. I think it's a good use of the property.
Member Joseph Higgins added that he appreciated the effort
put into the presentation.
Motion Made by T. Grandy to approve the Special Permit for the Village Open Space Development and the requested waiver for the front yard setback from 20 feet to 16 feet, subject to staff conditions and the addition of boundary markers. Motion Passed (5-1), with F. Mand casting the lone dissenting vote. In other business, the board took a brief step toward routine land management by endorsing a Form A plan for Jackson Lane Realty Trust. Motion Made by an unidentified member to recommend endorsement of Form A Plan A4914. Motion Passed (6-0).
The meeting concluded with a reminder of significant upcoming community events and civic deadlines. Chair Bolotin highlighted the Herring Run Festival at Brewster Gardens this Saturday and the spring town cleanup scheduled for May 2. He also urged residents to attend upcoming televised candidate forums for the Select Board and School Committee on April 30 and May 7. Finally, the board acknowledged a request from the town manager for a joint "tri-board" meeting on May 5 at 6:00 p.m. to follow up on economic development initiatives first discussed in January. The board confirmed a quorum would be available to attend the session with the Select Board and the Plymouth Regional Economic Development Foundation.