The Plymouth Zoning Board of Appeals cleared a major regulatory hurdle for two significant housing projects on Monday, unanimously approving a series of waivers that include relief from local sewer and water fees. While the board expressed deep-seated reluctance regarding the state’s 40B housing laws, members opted to grant the developers of the Ocean View and Sandry projects financial and infrastructure concessions to move the 163-unit North Plymouth developments forward.

The decision to waive local sewer and water requirements sparked the most debate, as Chair Michael Main has historically opposed shifting these costs onto the general taxpayer. However, Main shifted his stance during deliberations to align with the rest of the board. I don't think any board member here really likes this project, Main said, noting the town is nearly at the 10% affordable housing threshold that limits local control over such projects. I was the one that made the statement that I didn't want to give them any relief on water. I will relent on the water part, but for the sewer, I don't see any reason to do that. But I'm only one of five.

Other members argued that denying the waivers would break with recent decisions. M. Leary noted that the sewer and water waiver... should keep that one. We did give out that waiver to two of the other 40Bs, so that sets a precedent. P. Conner agreed, adding, I think we did do that before. We need the loop up there. Following the discussion, Motion Made by M. Leary to accept the waivers for both projects as presented and written. Motion Passed (5-0-0).

Environmental safety remained a point of contention, particularly regarding the site’s proximity to the former Canon’s Engineering Superfund site and recent removals of arsenic-impacted soil. D. Peck pushed for the installation of permanent monitoring wells to track potential groundwater contamination, stating, I still think it would be nice given the history. E. Conroy supported the measure, arguing that an ounce of prevention is worth a pound of cure. We don't know how the soil is going to react.

However, town staff warned the board against overstepping its legal authority. Staff member Carolyn Thompson noted that the Department of Environmental Protection (DEP) already oversees such monitoring. If we have a condition for permanent wells, who is that information being reported to? Thompson asked. To a certain extent, the board is getting outside of its jurisdiction. Building Commissioner Jason Burtis added that the town does its best not to overlap with state or federal regulations, noting, there are lanes and we stay firmly out of them.

The board did agree to several neighborhood protection measures, including a requirement for vibration testing to protect nearby homes from construction damage. As I understand it, excavation or driving piles can create vibration, Peck explained. If adjacent properties are identified, they can't claim existing cracks were caused by the project. The board also tightened construction rules, with Main insisting on a ban on Sunday work. We're going to have a thing in there that says no Sundays period unless it's an emergency, he said.

Traffic safety data also drew fire from Conroy, who claimed his requests for a new independent study were ignored. I think there should be one because we don't have enough information, Conroy said. An engineer at the last meeting said the sight distances and data analysis were done incorrectly. Main countered that while the developer's presentation was poor at best, the data met state peer-review standards. Commissioner Burtis also requested that the board directly endorse the final massive plan sets rather than delegating that authority to his office, stating, the board really needs to approve a final set.

The board stopped short of a final project approval, choosing to wait for a finalized written decision reflecting the new conditions. Motion Made by M. Leary to continue the matter to April 13th at 6:00 p.m. Motion Passed (5-0-0). The board is expected to take its conclusive vote at that time.