The Plymouth Zoning Board of Appeals (ZBA) hit the brakes on a proposed gas station and convenience store at 360 Cherry Street Monday night, as environmental concerns and neighborhood opposition triggered a narrow split decision to delay the project. The proposal by TL Edwards Inc. seeks to transform a five-acre portion of an existing 38-acre sand and gravel pit into a fueling station and convenience store featuring a drive-thru, but the site’s proximity to critical town water resources dominated the discussion.

Eric Shoemaker of McKenzie Engineering Group detailed a design intended to protect the local environment, noting that chamber systems are located outside the aquifer protection zone. We have a flap valve to shut down the system in the event of a spill, Shoemaker told the board. However, the plan faced sharp criticism from legal representatives of nearby properties. Attorney Valerie Moira, representing 131 Commerce Way LLC, argued that the project poses an unnecessary risk to the town's water supply and claimed her client never received proper notice. Dan Goodrich, an attorney for concerned citizens, joined the call for a delay, requesting third-party peer reviews of the traffic and environmental impacts.

Board members were also skeptical of the current site layout. M. Leary expressed dissatisfaction with the entrance configuration, stating, I'm not thrilled with your design off Commerce Way. I think you should make that only one way going out because you bring in traffic too close to the drive-thru. D. Peck pushed for modern infrastructure updates, adding, I did not see snow removal on the plan, and I recommend adding an EV charging station. Ultimately, the board opted to wait for more data. Motion Made by E. Conroy to continue the hearing for 30 days to April 27th for the applicant to study on-site circulation, snow storage, and EV charging. Motion Passed 3-2 (M. Main and M. Leary opposed).

The evening was marked by a particularly heated exchange during the review of 9 Bay View Avenue, where David Kachoba sought a special permit for a first-floor master bedroom addition. The discussion highlighted the significant financial burden of local regulations, with representative Karly Tobias noting that a required stormwater permit alone costs $9,000, while the full system could reach $35,000. That's a large number for a small addition for homeowners getting older, Tobias said. Abutter David Numes delivered a scathing critique of the board, accusing them of disregarding property rights and encroaching on privacy. Are you a bunch of smart people trying to act dumb or a bunch of dumb people trying to act smart? Numes asked. Chair M. Main quickly intervened, telling Numes, You can have an opinion but you cannot insult the board.

Despite the friction, several neighbors spoke in favor of Kachoba, and the board moved to allow the project to proceed provided it met technical requirements from the Department of Public Works. E. Conroy initially hesitated, noting, I don't like approving things where I don't have it flushed out in front of me, but the board eventually reached a consensus. Motion Made by M. Leary to approve Case 4197 with the four stated conditions and an additional requirement to satisfy the seven comments on the DPW letter to the satisfaction of the building inspector. Motion Passed 5-0.

The board also addressed a fire-recovery project at 3 Holland Court, where Robert Anselone plans to rebuild a larger home on a constrained 2,300-square-foot lot. While D. Peck initially suggested requiring non-flammable exterior siding due to the density of the neighborhood, he withdrew the request after hearing that the Historical Commission preferred wood shingles and the applicant committed to a full residential sprinkler system. Safety supersedes aesthetics as far as I'm concerned, said Building Inspector Jason, though he noted the fire code did not strictly mandate non-combustible siding for this specific structure. Resident Donna Abelli, who witnessed the original fire, voiced her relief: I'm thrilled they're able to get this going for their family. Motion Made by D. Peck to approve Case 4201 with the conditions outlined in the planning board report. Motion Passed 5-0.

Relief was also granted for 7 Bay Colony Drive, where a cabana was mistakenly built within a side setback based on an inaccurate property line. Owner Greg Carsner explained that a stone wall had misled them until a neighbor’s survey revealed the error. Motion Made by M. Leary to approve Case 4203 with standard conditions. Motion Passed 5-0. Similarly, the board cleared the way for Ryan and Kate Burke to fully demolish and reconstruct their home at 168 Warren Avenue after unsafe framing was discovered during a renovation. Motion Made by M. Leary to approve the modification to Case 4199 with a condition to file a revised plan regarding foundation elevation and site drainage. Motion Passed 5-0.

Finally, the board resolved a long-standing request for 39 Gallows Pond Road, which had been delayed since January. The expansion of the dwelling to seven bedrooms was cleared after the Health Department confirmed the septic system could handle the load and the Conservation Commission declined jurisdiction over the site. Motion Made by M. Leary to approve Case 4196 with the three conditions listed in the planning board report. Motion Passed 5-0. Associate Member T. Wallace and Associate Member D. Peck were seated for the full session to ensure a complete five-member board for all votes.