Swampscott Planning Board Meeting Review: March 10, 2025

This document provides a summary and analysis of the Swampscott Planning Board meeting, based on the provided transcript. It is intended for Town Meeting members and voters seeking to understand the board’s activities and decisions.

1. Agenda

Based on the transcript, the likely agenda for the meeting was:

Call to Order 04:48
Application 24SUB-02: 0 Manson Rd (Darius Gregory) 05:21
- Request for preliminary subdivision plan approval for partial construction of a paper street. (Continued from February).
- Presentation by applicant’s team.
- Discussion of waivers (road width, sidewalks, turnaround, tree removal).
- Public Comment.
- Board deliberation and vote.
Application 25SUB-01: 450 Paradise Rd & 555 Essex St (CenterCorp Retail Properties, Inc.) 54:26
- Request for preliminary subdivision plan approval related to the Swampscott Mall redevelopment.
- Presentation by applicant’s team.
- Discussion of waivers (largely deemed procedural due to prior site plan review).
- Board deliberation and vote.
Discussion: Proposed Zoning Bylaw Amendments for Annual Town Meeting 2025 1:11:10
- Accessory Dwelling Units (ADU) Bylaw Modifications 1:11:10
- Site Plan Special Permit Square Footage Criteria 1:33:49
- Coastal Flood Area Overlay District (CFAOD) Bylaw Update 1:41:00
Approval of Past Meeting Minutes (January 2025) 1:51:46
Other Business / Future Planning 1:55:51
- Discussion of timeline for finalizing zoning amendments for Town Meeting warrant.
Adjournment 2:00:35

2. Speaking Attendees

Based on the transcript and contextual knowledge:

Planning Board Chair (Name not stated): [Speaker 1]
Planning Staff / Town Planner (Marissa): [Speaker 2]
Engineer for Gregory (Chris Baragas, Williams & Sparagis): [Speaker 3]
Attorney for Gregory (Attorney Drogas): [Speaker 4]
Planning Board Member (Bill Quinn): [Speaker 5]
Planning Board Member (Joe Sheridan): [Speaker 6]
Attorney for CenterCorp (Attorney Schutzer): [Speaker 7]
Applicant, Manson Rd (Darius Gregory): [Speaker 8]
Engineer for CenterCorp (Garrett Horsfield, Kelly Engineering): [Speaker 9]
Tree Committee Chair (Jennifer Honig): [Speaker 10]
Unidentified Attendee (Brief comment): [Speaker 11]
Unidentified Attendee (Inaudible/Minimal): [Speaker 12]
Unidentified Attendee (Brief comment): [Speaker 13]

(Note: Planning Board Member Angela Ippolito was mentioned as absent 39:11 and member Jur Harrison was mentioned in the context of past discussions 1:40:02)

3. Meeting Minutes

Call to Order: The Planning Board Chair called the meeting to order at 7:00 PM 04:48. Members Bill Quinn and Joe Sheridan were noted as present.

Application 24SUB-02: 0 Manson Rd (Darius Gregory)

Presentation: Attorney Drogas 05:21 introduced the project: preliminary subdivision plan to construct a portion of Manson Road (a paper street) to provide frontage for one single-family home. Engineer Chris Baragas 07:46 presented technical details via screen share, outlining the proposed 368-foot road improvement with a 20-foot paved width and a T-shaped fire truck turnaround 16:11. He detailed stormwater management plans, including collection, treatment, detention, and infiltration features 17:16, noting prior Conservation Commission approval 10:09.
Tree Removal: Mr. Baragas presented a tree clearing exhibit 12:09, indicating approximately 50 trees with a diameter greater than 12 inches would need removal for the proposed road and drainage construction. Applicant Darius Gregory clarified this number related to trees 12 inches or larger 14:06. Board Member Quinn asked for clarity on whether the total removal included trees between 8 and 12 inches (per town regs) [15:14, 30:04]; Mr. Gregory committed to providing a definitive total count for the definitive plan submission 30:18.
Waivers Requested: Attorney Drogas outlined waivers needed due to using subdivision control for a single lot on a paper street 23:29, including relief from standard 40/44-foot right-of-way width (proposing 20 ft paved), granite curbing (proposing Cape Cod berm on one side), sidewalks, grass strips, shade trees, and the 100-foot cul-de-sac requirement (proposing T-turnaround approved by Fire Dept).
Property Rights: Member Sheridan raised questions about the rights to improve a paper street when abutters also hold rights 31:23. Planning Staff Marissa referenced a KP Law opinion stating that an owner with easement rights to pass/repass generally has the right to make reasonable improvements 50:42.
Public Comment: Tree Committee Chair Jennifer Honig expressed concern over the removal of 93 trees (8 inches+), emphasizing the loss of mature oaks and overall town canopy reduction 34:27. She urged the board to mitigate tree loss.
Board Discussion & Applicant Response: Applicant Gregory suggested potentially narrowing the paved road width from 20 feet to perhaps 16-18 feet to save trees, pending Fire Department approval 37:05. Board members expressed support for exploring this reduction [38:56, 39:03]. The Chair stated comfort with the requested waivers, especially if road narrowing reduced tree impact 45:42. Member Quinn inquired about potential tree replanting 46:45; Mr. Gregory indicated openness to considering some replanting in the right-of-way, though not replacing all removed trees 47:02.
Decision: Member Sheridan moved to approve the preliminary plan with modifications, granting the waivers sought, conditioned on the applicant exploring a reduction in roadway width in the definitive plan to minimize tree loss 53:03. The motion was seconded by the Chair and approved unanimously (3-0 vote). The applicant was reminded to submit the Lynn sewer connection confirmation and file the definitive plan by the deadline [53:41, 54:12].

Application 25SUB-01: 450 Paradise Rd & 555 Essex St (CenterCorp)

Presentation: Attorney Schutzer presented the application for a preliminary subdivision plan for the Swampscott Mall property 55:03. He characterized the subdivision as primarily a procedural step needed for project financing, noting that the layout and design elements were extensively reviewed and approved during the prior site plan review process. Engineer Garrett Horsfield briefly reviewed the proposed lotting plan 59:44.
Waivers Requested: Mr. Horsfield noted that required waivers (dimensional, parking-related per lot though sufficient overall, existing road standards, utilities, etc.) were largely “academic” 1:01:41 as they related to existing conditions or aspects already approved in the site plan decision 1:01:49. The Chair led a detailed review of the waiver list 1:04:03, with the board generally agreeing they were acceptable given the context.
Board Discussion: Members acknowledged the prior review and the procedural nature of this step. There were no significant questions or concerns raised.
Decision: Member Sheridan moved to approve the preliminary subdivision plan and grant the requested waivers 1:09:36. The motion was seconded by Member Quinn and approved unanimously (3-0 vote). The applicant was advised of notice requirements for the definitive plan submission 1:10:21.

Discussion: Proposed Zoning Bylaw Amendments

Accessory Dwelling Units (ADUs): Planning Staff Marissa reviewed proposed redline changes to comply with new state regulations 1:12:41. Key changes discussed included:
- Capping ADUs at one per lot 1:13:22.
- Removing the owner-occupancy requirement 1:17:03.
- Removing minimum parking requirements for ADUs within 0.5 miles of transit (which covers most of Swampscott) 1:17:45.
- Adding a provision prohibiting short-term rentals (defined as <30 consecutive nights) in ADUs [1:23:20, 1:32:24]. There was consensus among the members present to include this prohibition. Discussion touched upon enforcement challenges 1:28:03.
- Retaining language about entrance appearance, subject to potential Attorney General review 1:19:35.
Site Plan Special Permit Thresholds: The board revisited the discussion on amending the square footage criteria triggering site plan review (currently 3000 sq ft new build, 800 sq ft addition) 1:33:49.
- There appeared to be general agreement among those present to lower or eliminate the threshold for new builds [1:38:08, 1:39:23].
- Differing opinions remained regarding the addition threshold (maintain 800 sq ft, reduce the number, or use a percentage basis). The board decided to defer final decisions on this point until the full board could deliberate 1:33:49. Planning Staff noted Marblehead uses a percentage trigger 1:34:24.
Coastal Flood Area Overlay District (CFAOD): Planning Staff Marissa presented updates required to align with new Mass DCR/FEMA model bylaws and upcoming revised Flood Insurance Rate Maps (FIRMs) 1:41:00. Changes included:
- Renaming the district to “Floodplain Overlay District (FOD)” 1:42:13.
- Potentially renaming the existing 4100 Wetlands district to avoid confusion.
- Designating a Community Floodplain Administrator (likely DPW Director or designee) 1:42:21.
- Incorporating required definitions and referencing new map dates/titles.
- Adding reference to Zone A flood zones 1:44:01.
- Clarifying permit requirements.
- Removing local ZBA jurisdiction for variances to floodplain standards, directing appeals to the state building code appeals board 1:49:35. The board acknowledged these changes as largely mandatory compliance updates.

Approval of Minutes: The board approved the minutes from the January 2025 meeting 1:55:51. February minutes could not be approved due to member absence at that meeting.

Other Business / Future Planning: Planning Staff Marissa outlined the timeline for finalizing zoning amendments 1:55:51: finalize language at the next (April) meeting for Select Board warrant inclusion, hold a public hearing likely April 28th 1:58:05, potentially preceded by a community forum 1:58:40, and vote to recommend articles at the public hearing. Staff will prepare redline options for the Site Plan threshold discussion.

Adjournment: A motion to adjourn was made, seconded, and approved unanimously 2:00:35.

4. Executive Summary

This Swampscott Planning Board meeting advanced two subdivision projects and progressed work on zoning updates for the 2025 Annual Town Meeting.

Manson Road Subdivision Preliminarily Approved with Conditions: The board granted preliminary approval for a plan to build a portion of Manson Road (a paper street) to access a new single-family house lot 05:21. However, significant concerns were raised by the board and the Swampscott Tree Committee about the planned removal of over 50 mature trees (12”+ diameter) 34:27. In response, the board conditioned its approval 53:03 on the applicant exploring ways to reduce the paved road width (currently proposed at 20 feet) to minimize tree loss 37:05, subject to public safety approval. Significance: This decision highlights the tension between development and environmental preservation (specifically, tree canopy) in Swampscott, particularly when developing unbuilt “paper streets.” The final plan will require further review regarding tree impact mitigation.
Swampscott Mall Subdivision Advances: The board quickly approved the preliminary subdivision plan for the CenterCorp-owned portion of the Swampscott Mall [54:26, 1:09:36]. This was presented as a necessary procedural step for financing the previously approved major redevelopment project 55:03. Significance: This approval keeps the large-scale mall revitalization project moving forward by enabling the necessary financial structuring.
Accessory Dwelling Unit (ADU) Bylaw Updated for State Compliance & Local Control: The board finalized key changes to the ADU bylaw to comply with new state regulations 1:11:10. This includes removing requirements for owner occupancy 1:17:03 and parking near transit stops 1:17:45 (affecting most of Swampscott). Crucially, the board agreed to add a prohibition against using ADUs for short-term rentals (less than 30 days) 1:32:24. Significance: Swampscott is aligning with state mandates aimed at increasing housing options, but exercising available local control to prevent ADUs from primarily serving as tourist accommodations rather than long-term housing, though enforcement was noted as a challenge 1:28:03. The parking change may generate discussion.
Site Plan Review Thresholds Under Discussion: Debate continues on lowering the thresholds that trigger Planning Board site plan review 1:33:49. There is support for increased review of new home construction, but differing views on changing the 800 sq ft threshold for additions. A final decision was deferred for full board discussion. Significance: Changes could impact the level of town oversight on construction projects, potentially streamlining smaller additions or increasing scrutiny on larger ones and new builds.
Floodplain Bylaw Modernized: Updates to the Coastal Flood Area Overlay District bylaw were reviewed, primarily to align with new state and federal (FEMA) standards and upcoming flood maps 1:41:00. Significance: Ensures Swampscott remains compliant with National Flood Insurance Program requirements and adopts updated regulatory language reflecting current flood risk assessment practices. Variance authority for these standards will shift from the local ZBA to the state 1:49:35.

These zoning changes will be subject to a public hearing and require approval at the Annual Town Meeting.

5. Analysis

The March 10th Planning Board meeting demonstrated the board navigating both specific development proposals and broader zoning policy updates driven by state mandates and local priorities.

Balancing Development and Environment (Manson Rd): The Manson Road discussion exemplified a common challenge for built-out communities. The applicant’s proposal met technical requirements but clashed with environmental concerns, specifically significant mature tree removal 34:27. The Tree Committee’s input and board member questions prompted a constructive response from the applicant (Mr. Gregory [Speaker 8]), offering a potential compromise by narrowing the road 37:05. The board’s conditional approval 53:03 reflected a willingness to allow development while actively seeking mitigation for environmental impacts, leveraging the preliminary plan stage effectively for negotiation. The reliance on Town Counsel’s opinion regarding paper street rights 50:42 underscored the legal complexities involved.
Procedural Efficiency (CenterCorp): The swift approval of the CenterCorp preliminary subdivision 1:09:36 highlighted how prior comprehensive review (during the site plan phase) can streamline subsequent procedural steps. The applicant’s attorney (Attorney Schutzer [Speaker 7]) effectively framed it as necessary for financing 55:03, and the board recognized the “academic” nature 1:02:48 of many waivers requested for an existing, already-approved site layout.
Navigating State Mandates (ADUs): The ADU discussion showed the board grappling with externally imposed state regulations (likely stemming from the MBTA Communities Act context and related housing laws). They correctly identified non-negotiable changes (owner occupancy, parking near transit [1:17:03, 1:17:45]) while seizing upon permitted local control by prohibiting short-term rentals 1:26:07. This reflects a pragmatic approach: comply where required, but assert local preferences where allowed, aiming to align the state’s housing goals with perceived local character and housing needs (long-term vs. transient). The discussion on enforcement 1:28:03 pragmatically acknowledged the difficulties ahead.
Internal Deliberation & Deferral (Site Plan Thresholds): The inability to reach consensus on the site plan addition threshold among the members present 1:33:49 suggests this is a point requiring careful consideration by the full board. Member Sheridan’s [Speaker 6] preference to avoid penalizing smaller homeowners needing space 1:38:08 contrasted with the Chair’s [Speaker 1] relaying of Member Harrison’s previous point that 800 sq ft is already a large addition for Swampscott 1:40:02. Deferring the decision was appropriate and indicates the board’s process for handling potentially contentious internal disagreements on policy changes. There seemed to be less disagreement on increasing scrutiny for entirely new builds.
Compliance-Driven Updates (Floodplain): The Floodplain Overlay District updates, presented clearly by Planning Staff [Speaker 2] as necessary for state/federal alignment 1:41:00, proceeded with minimal debate. This illustrates how much local zoning can be shaped by higher-level regulatory frameworks, particularly concerning environmental standards and programs like the NFIP. The shift in variance authority to the state 1:49:35 represents a tangible decrease in local ZBA power for these specific cases.