163-Unit 40B Developments Clear Zoning Board Despite Warnings of Unmitigatable Traffic Risks

Key Points

  • Board grants final approval for Sandia Drive and Ocean View North 40B developments despite split votes
  • Member Ed Conroy cites "unmitigatable public safety risk" and outdated traffic data in dissenting votes
  • Final conditions include 70% local housing preference and 10% set-aside for veterans
  • Construction limited to Monday through Saturday with mandatory 30-day civil engineering review prior to occupancy
  • Auto repair shop special permit on Case 4209 delayed until June to allow for engineering updates

The Plymouth Zoning Board of Appeals cleared the way for two major residential developments in North Plymouth on Monday, signaling the end of a long and often contentious review process for the Sandia Drive and Ocean View North projects. While the board secured several local concessions, including a 70% local preference for affordable units and a 10% set-aside for veterans, the final approvals were marred by sharp internal divisions regarding neighborhood safety and the limitations of state housing law.

Chair Michael Main opened the deliberations by expressing a sentiment shared by several colleagues: a sense of powerlessness against the state’s Chapter 40B statute, which allows developers to bypass local density and zoning bylaws in towns that have not met affordable housing thresholds. This town is prime for development of 40Bs because let's face it, we're the biggest town in Massachusetts, Main said. Our hands are tied. This community has spent many years trying to develop Plymouth in a reasonable, smart planning effort... and then along comes these things.

Town Attorney Carolyn Murray presented the final draft decisions, which incorporated rigorous conditions for the sites. Notably, the board insisted on a 24-month performance period for landscaping rather than the 18 months requested by the developer. Jason, the Director of Inspectional Services, pushed for the longer window, stating that landscaping performance is usually referenced at 24 months... that's our only assurance that the project comes out as it's been approved. The board also mandated that any hazardous materials discovered at the Sandia Drive site be managed by a Licensed Site Professional, who must certify the land is safe for residential use before any occupancy permits are issued.

Construction hours emerged as another point of local control. While town bylaws permit work seven days a week, the board restricted activity to Monday through Saturday, 7 a.m. to 7 p.m., with a total ban on Sunday construction. Additionally, at the urging of Associate Member David Peck and Member Michael Leary, the board extended the town's window to review complex as-built engineering plans from 21 to 30 days. I like the 30 [days], Peck said. It's a large project. The peer-review organization may not be available in a short time, so I think a little more time makes sense.

Despite the added conditions, the final votes revealed significant concerns about the density of the 163-unit projects. Member Ed Conroy was the most vocal opponent, casting dissenting votes on both developments due to traffic concerns. I'm denying this project based on traffic, Conroy said. I believe the project presents unresolved and unmitigatable public safety risk, including inadequate sight distance analysis, incomplete crash evaluations, and reliance on outdated data.

Peck joined Conroy in opposing the Ocean View North project, specifically citing the decision to route traffic through Prince Street rather than Hedge Road. I am voting against Ocean View as presented... it is clear to me access from Prince is creating an unacceptable strain and pain, Peck argued, noting that much of the neighborhood's concern could have been mitigated by changing the access point.

Member Peter Conner, however, argued that a denial would likely be overturned by the state Housing Appeals Committee. In my 20 plus years on this board... we dread the 40Bs. They're the most troublesome things that we have to deal with, Conner said, but he maintained that despite density and traffic concerns, there's just not enough for denials. Leary agreed, noting the board lacked the legal grounds to hang our hats on for a denial that would survive an appeal.

Motion Made by M. Main to approve the Sandia Drive comprehensive permit. Motion Passed (4-1) with E. Conroy voting no.

Motion Made by M. Main to approve the Ocean View North comprehensive permit. Motion Passed (3-2) with E. Conroy and D. Peck voting no.

A 20-day appeal period begins once the final written decisions are filed with the Town Clerk. In other business, the board addressed a petition from Craig Korea for a special permit to operate an automobile repair business on an empty lot in an Aquifer Protection zone. The applicant requested additional time to respond to department comments regarding engineering and drainage.

Motion Made by P. Conner to continue case 4209 to June 15, 2026. Motion Passed (5-0).