Swampscott Planning Board Meeting Review: June 12, 2023

1. Agenda

Based on the transcript, the likely agenda for the Swampscott Planning Board meeting on June 12, 2023, was as follows:

0:00:00 Call to Order & Opening Remarks (Chair Ippolito)
0:48:00 Design Review Amendment: Petition 23DSR-1 - Dockside Pub, 286 Humphrey St (Andrew Ingemi)
- Review of proposed exterior decorative changes (buoys, oars)
- Discussion of outdoor seating placement and extent
- Discussion of proposed festoon lighting
- Public Comment (Neighbors: Moira, Dan Grimes)
- Board Discussion & Vote on Design Amendment
48:48:00 Amendment of Covenant dated May 13, 2019 for 85 Puritan Lane (Discussion and Postponement)
53:57:00 Election of officers and committee liaison appointments (Postponed)
- 55:22:00 Liaison Report/Discussion: Earth Removal Advisory Committee (ERAC) process integration.
55:05:00 Review of new zoning adopted at Town Meeting (ADUs, Vinnin Square, Hadley Overlay)
[1:04:25:00] Review of process for special permits & Discussion of joint meeting with Zoning Board of Appeals (ZBA), Community & Economic Development, and Building Departments
[1:15:08:00] Update regarding Master Plan
[1:16:09:00] Update regarding MBTA Communities Act (Section 3A) Zoning Compliance
[1:23:06:00] Update on potential amendment to the Site Plan for the General Glover Site regarding building preservation
[1:29:27:00] Update Board on status of Planner hiring
[1:30:13:00] Review and approve past meeting minutes (April 10, May 1, May 8)
[1:37:21:00] Other business not reasonably anticipated by the Board
- Update on Hadley School Hotel RFP timeline
- Preview of upcoming Humphrey Street Nail Salon review
[1:46:55:00] Adjournment

2. Speaking Attendees

Angela Ippolito (Planning Board Chair): [Speaker 1]
Marissa Kearney (Town Planner/Staff): [Speaker 2]
Andrew Ingemi (Petitioner, Dockside Pub): [Speaker 3]
Ted Settlmyer (Planning Board Member, ERAC Liaison): [Speaker 4]
Moira (Resident/Abutter, Blaney Circle): [Speaker 5]
Bill Quinn (Planning Board Member): [Speaker 6]
Dan Grimes (Resident/Abutter, 292 Humphrey St): [Speaker 7]
Planning Board Member (Name not stated): [Speaker 8]
Planning Board Member (Name not stated): [Speaker 9]
Joe Tribendıs (Planning Board Member - New Member): [Speaker 10]
Jonathan Lehman (Historical Commission Member/Advocate): [Speaker 11]

3. Meeting Minutes

1. Call to Order & Opening Remarks Chair Angela Ippolito called the June 12, 2023, Planning Board meeting to order, welcoming attendees including new member Joe Tribendıs 0:24:00.

2. Design Review Amendment: Dockside Pub (286 Humphrey St) 0:48:00 Petitioner Andrew Ingemi presented proposed amendments to the previously approved design review for the Dockside Pub. The changes included adding decorative nautical elements (buoys and oars) to the building’s exterior walls 2:10:00, 2:48:00 and installing festoon (string) lighting along the side of the building where outdoor seating is planned 2:52:00.

Discussion ensued regarding the proposed expansion of outdoor seating down the side of the building, an area previously designated for storage before the applicant resolved an issue with locating a walk-in cooler 3:34:00. Chair Ippolito expressed concern about extending seating into the buffer zone adjacent to residential properties and potential impacts on neighbors 5:07:00, 7:31:00. Member Tribendıs shared similar initial thoughts 5:49:00. Planner Marissa Kearney clarified that outdoor dining is considered a by-right use under the zoning bylaw in this location, and the buffer zone requirement was triggered by proposed building dimension changes (the cooler), not the seating itself 11:23:00.

Member Ted Settlmyer inquired about outdoor dining hours 6:39:00, which Mr. Ingemi recalled were set until 9:00 PM 6:45:00.

Public comment was taken. Moira, an abutter from Blaney Circle 17:09:00, expressed significant concerns about the proposed string lighting, citing ZBA bylaws regarding shielding light from adjacent properties (17:30:00, specifically mentioning 3.2.2.9, 3.4.20, 5.10.6.0). She also voiced objections to potential noise, odors, late-night lingering customers, and general impact on privacy and quality of life 18:48:00, 21:04:00. Chair Ippolito noted the distinction between permanent and temporary lighting under the bylaws 19:50:00 and asked that any lighting be minimal and turned off after service ends. Moira also raised concerns about pests; Planner Kearney confirmed she and the Health Director had spoken with Moira and that standard pest control measures are required 24:14:00. Chair Ippolito requested the Health Director’s recommendations be added to the record 24:45:00.

Mr. Ingemi stated the string lights would be attached below the top of their fence, aiming to shield light 16:18:00, 22:14:00. Member Settlmyer noted this attachment method might satisfy the bylaw’s shielding requirement 24:58:00.

Dan Grimes, owner of the adjacent property at 292 Humphrey Street 26:01:00, expressed support for the restaurant but shared concerns about the lighting hours, referencing the establishment’s 1:00 AM liquor license. He requested a condition that outdoor lights be turned off by 9:00 PM 26:22:00. Mr. Ingemi proposed service ending at 9:00 PM with lights off at 9:30 PM, which Mr. Grimes found acceptable 27:27:00.

There was considerable discussion about the Board’s authority to regulate hours. Chair Ippolito and Planner Kearney clarified that the Planning Board does not set operating hours; this falls under the Select Board’s purview via the liquor and common victualer licenses, potentially enforced by the Police or Building Departments depending on the specific regulation source 39:37:00, 41:20:00, 41:57:00. Member Quinn helped clarify that both licenses are issued by the Select Board 43:32:00. Chair Ippolito stated she could note the discussion and Mr. Ingemi’s stated intention regarding hours in a letter but could not make it an enforceable condition of the Planning Board’s approval 41:20:00. Mr. Ingemi committed to posting signs requesting patrons be courteous to neighbors 31:26:00.

Regarding the decorative elements, Chair Ippolito expressed a personal preference for “less is more” to avoid kitschiness, which Mr. Ingemi assured would be tasteful 15:08:00.

After discussion on whether a vote was needed for the amendment (Member Quinn questioned 37:01:00, Chair Ippolito felt it appropriate 38:07:00), Member Settlmyer moved to approve the amendment to the design review for the exterior decorative changes (oars, buoys) 47:11:00. The motion was seconded and approved 4-0 (Member Tribendıs voted Aye). Chair Ippolito clarified the vote formally amended the prior design review approval 47:31:00.

3. Amendment of Covenant (85 Puritan Lane) 48:48:00 Chair Ippolito explained the request to amend a 2019 covenant related to a subdivision at 81-85 Puritan Lane, specifically to release a non-buildable lot (“Lot A”) so it could be combined with the adjacent property at 79 Puritan Lane 49:35:00. Member Quinn noted the item was added to the agenda that day 52:40:00 and questioned if a vote could be taken with less than 48 hours’ notice. Member Settlmyer favored continuing the item 53:11:00. The Board agreed not to vote and postpone the matter to the July meeting 53:40:00.

4. Election of Officers and Liaisons 53:57:00 Chair Ippolito recommended postponing the election of officers until the July meeting due to Member Mike McClung’s absence 54:00:00. She stated her intention to step down as Chair 54:09:00. The Board agreed to postpone elections and liaison appointments 54:49:00. Member Quinn requested a list of current liaison roles be circulated beforehand 55:08:00, which Chair Ippolito agreed to provide.

ERAC Liaison Discussion: Member Settlmyer, the ERAC liaison, reported that the Earth Removal Advisory Committee sought guidance on integrating its permitting process (triggered by removal of >400 cubic yards on multi-family/commercial projects) with the Planning Board’s review 55:51:00. Discussion followed on how best to flag potential ERAC triggers during site plan review, possibly by adding questions about excavation/demolition to procedures or application forms 56:45:00, [1:02:37:00]. Chair Ippolito committed to incorporating this into procedural updates [1:04:25:00].

5. Review of New Zoning & Special Permit Process 55:05:00, [1:04:25:00] Chair Ippolito briefly reviewed zoning changes passed at Town Meeting, including ADUs (now by-right, less PB involvement), Vinnin Square dimensional changes (B4 zone), and the Hadley School overlay [1:07:16:00]. She noted that design guidelines are the critical next step for Vinnin Square and announced MAPC has been contracted to develop these, with work starting July 1st [1:08:07:00]. She anticipated a similar process for Hadley guidelines later [1:11:04:00].

Chair Ippolito discussed forthcoming procedural updates for site plan special permits, aiming to improve coordination with the ZBA and ensure timely appeals periods [1:13:10:00]. These updates will also include notifying the Affordable Housing Trust for multifamily projects and flagging potential ERAC reviews [1:04:55:00]. She confirmed a joint meeting with the ZBA, Building Commissioner, and Community Development staff is being scheduled (likely July 5th [1:14:51:00]) to review these procedures. Drafts will be circulated beforehand.

6. Master Plan Update [1:15:08:00] Chair Ippolito reported that grant applications for the Master Plan update were submitted, and the town hopes for full funding confirmation by October. Work with MAPC is anticipated to begin by year-end. Discussion occurred regarding the formation of the steering committee [1:15:34:00].

7. MBTA Communities Act (3A Zoning) Update [1:16:09:00] Chair Ippolito reported that the town’s consultant, Bowler Engineering, provided preliminary mapping and draft zoning language for MBTA 3A compliance. Planner Kearney described the consultant’s process, using existing multifamily zones as a basis [1:20:03:00]. The proposed districts cover approximately 6.5 acres near the train station and the remainder in Vinnin Square [1:19:36:00]. Board members expressed interest in reviewing the draft materials [1:18:20:00]. The goal is to bring zoning to the May 2024 Town Meeting.

8. General Glover Site Update [1:23:06:00] Chair Ippolito provided an update on efforts led by the Historical Commission to preserve the original John Glover house structure on the Vinnin Square development site. Structures North evaluated the building, and advocates are exploring options, including potential preservation on-site [1:24:27:00]. This would likely require the developer (Leggat McCall) to amend the approved site plan. The Historical Commission placed a 9-month demolition delay on the structure [1:25:55:00]. Jonathan Lehman thanked the Board for its support [1:29:09:00]. The situation remains fluid.

9. Planner Status Update [1:29:27:00] Chair Ippolito reported no update on the hiring process for a new planner.

10. Minutes Approval [1:30:13:00] The Board reviewed minutes from three past meetings:

April 10, 2023: Approved as amended (removing duplicate heading) 3-0-1 (Member Tribendıs abstained) [1:33:23:00].
May 1, 2023: Approved as amended (correcting numbering) 4-0 [1:34:49:00].
May 8, 2023: Approved as amended (correcting heading) 3-0-1 (Member Quinn abstained, was absent) [1:36:46:00].

11. Other Business [1:37:21:00]

Member Settlmyer relayed information that the RFP for the Hadley School Hotel project is expected to be finalized this summer [1:37:21:00]. Planner Kearney added an RFP for the Pine Street lots is imminent [1:37:45:00].
Planner Kearney previewed an application for a new nail salon in Humphrey Plaza (434-440 Humphrey St) expected for the July agenda. This will require a Humphrey Street review (HISP) from the Planning Board and a Use Special Permit from the ZBA due to 2022 bylaw changes regarding ground-floor personal service establishments [1:41:11:00]. There was brief discussion on the non-conforming status of the use [1:43:56:00].

12. Adjournment [1:46:55:00] A motion to adjourn was made by Member Settlmyer, seconded, and approved unanimously.

4. Executive Summary

The Swampscott Planning Board met on June 12, 2023, addressing several development proposals, ongoing town planning initiatives, and internal procedural matters. Key outcomes and discussions relevant to residents include:

Dockside Pub Modifications Approved: The Board approved exterior decorative changes (oars, buoys) for the new Dockside Pub at 286 Humphrey Street 47:16:00. Significant discussion occurred regarding proposed outdoor seating extending down the side of the building near residential abutters. While the Board lacks authority to set operating hours (tied to Select Board licenses 43:32:00), neighbors voiced strong concerns about potential noise and light impacts 17:30:00, 26:01:00. The applicant, Andrew Ingemi, stated intentions to limit outdoor service hours 27:27:00 and shield lighting 16:18:00. This highlights the ongoing challenge of balancing commercial activity and residential quality of life in mixed-use areas like Humphrey Street.
Major Planning Initiatives Advancing:
- Vinnin Square: MAPC consultants will begin developing crucial design guidelines for the recently rezoned Vinnin Square area starting July 1st, involving public input [1:08:07:00]. These guidelines will shape the look and feel of future development there.
- MBTA Communities (3A) Zoning: Consultants have provided draft mapping and zoning language to comply with the state’s MBTA Communities Act mandate for denser, transit-oriented housing [1:16:09:00]. Proposed areas are near the train station and in Vinnin Square [1:19:36:00]. The Board will review this, aiming for a Town Meeting vote in May 2024. This state mandate significantly influences local housing policy.
- Master Plan Update: The town is awaiting final grant confirmations to fully fund the Master Plan update, expected to commence by year-end with MAPC facilitating [1:15:08:00]. This plan will guide Swampscott’s overall development vision.
- General Glover House Preservation: Efforts are underway, led by the Historical Commission, to potentially preserve the historic John Glover house structure on the Vinnin Square development site [1:23:06:00]. A 9-month demolition delay is in effect [1:25:55:00], and discussions with the developer are ongoing. This represents a potential modification to a major approved project based on historic preservation goals.
Improving Development Review Processes: The Board discussed plans for a joint meeting with the ZBA and town staff to clarify and potentially streamline the site plan special permit process [1:13:10:00]. They also discussed integrating the Earth Removal Advisory Committee’s (ERAC) review process more effectively for applicable projects 55:51:00. These efforts aim to improve coordination and efficiency in town permitting.
Board Leadership Transition: Chair Angela Ippolito announced her intention to step down as chair 54:09:00. Officer elections were postponed to July.

Upcoming: The Board anticipates reviewing a site plan for 29 Essex Street and a proposal for a new nail salon in Humphrey Plaza at its July meeting [1:40:29:00], [1:41:11:00]. The Puritan Lane covenant amendment will also be revisited 53:40:00.

5. Analysis

This Planning Board meeting demonstrated a mix of routine project review, significant policy advancement, and procedural housekeeping, all grounded in the specific context of Swampscott’s development landscape.

Dockside Pub - Navigating Jurisdiction and Neighbor Relations: The extended discussion on the Dockside Pub [0:48:00 - 48:41:00] exemplified the Planning Board’s careful navigation of its limited jurisdiction, particularly concerning operational impacts like noise and hours. While the Board could approve the aesthetic changes, the core concerns of abutters (Ms. Moira 17:30:00, Mr. Grimes 26:01:00) related to hours and potential disturbance fell largely outside the Board’s direct control, residing instead with Select Board licensing 39:37:00. The Board, particularly Chair Ippolito, appeared sensitive to abutter concerns, facilitating extensive public comment and seeking clarifications on regulations (e.g., by-right outdoor dining 11:23:00). However, the outcome underscored a potential regulatory gap or challenge in proactively managing operational impacts of commercial uses directly abutting residential zones through the Planning Board process alone. The petitioner, Mr. Ingemi, appeared willing to make concessions (27:27:00, 31:26:00) but the lack of formal enforceability through the Planning Board permit was evident.
Proactive Procedural Improvements: The discussion initiated by Member Settlmyer regarding ERAC coordination 55:51:00 and the planned joint meeting with the ZBA and staff [1:13:10:00] suggest a proactive effort by the Board to address potential inefficiencies and ambiguities in the town’s development review pipeline. This reflects an understanding of the complexities involved in navigating multiple board reviews (PB, ZBA, ERAC, Health, etc.) and seeks to improve predictability and coordination, which could benefit both applicants and the town.
Advancing Major Planning Goals: The updates on Vinnin Square design guidelines [1:08:07:00], MBTA 3A zoning [1:16:09:00], and the Master Plan [1:15:08:00] indicate the Board’s central role in implementing significant, long-term planning initiatives shaped by both local priorities and state mandates (like 3A). The reliance on external consultants (MAPC, Bowler) highlights the technical complexity of these tasks. The Board appears poised to engage deeply with these policy documents in the coming months.
Glover Site - A Latent Conflict: The update on the General Glover site [1:23:06:00] introduced a potential point of friction between a previously approved development plan and emergent historic preservation advocacy. The Historical Commission’s use of the demolition delay [1:25:55:00] provides leverage, but the ultimate outcome hinges on negotiation with the developer and potential willingness to amend the site plan, which would bring the matter back before the Planning Board. This situation showcases the dynamic (and sometimes conflicting) nature of development goals and community values.
Board Dynamics: Chair Ippolito actively managed the meeting flow, balanced discussion between board members, applicant, and public, and clarified procedural points. Member Quinn consistently focused on jurisdictional boundaries and adherence to process (e.g., agenda posting 52:57:00, jurisdiction 35:36:00). Member Settlmyer contributed actively on procedural improvements (ERAC, joint meeting) and specific project details. New member Tribendıs engaged with questions and participated in voting. The postponement of the Puritan Lane covenant due to improper notice 53:40:00 demonstrated adherence to procedural rules.