Planning Board gives conditional approval to 3 Lakes Properties site plan; storage bins must get special exception or be moved

The Plymouth Planning Board granted conditional approval March 20 to a site plan submitted by 3 Lakes Properties for an expanded retail landscape-materials and greenhouse operation on Hamilton Way, subject to conditions including obtaining a zoning special exception for storage bays that currently encroach on setbacks.

Joseph, the town planner, told the board that the applicant submitted a revised site plan set (dated March 12, 2025) and updated stormwater drainage analysis. The applicant, represented by Mario Fogarato of Brown Engineering, said the plan corrected several items from a prior review: parking and a pergola were relocated out of setbacks and a woodshed was moved out of a drainage easement. However, the landscape-materials storage bays and a yard shack still showed encroachments on setbacks on the revised drawings, and part of a retaining wall is already partially built on site.

Town counsel and building inspector Tom Newcomb advised planning staff that the storage bays meet the town’s definition of accessory structures and therefore are subject to setback requirements, Joseph said. The applicant asked the board for conditional approval allowing the developer to seek a zoning special exception for the bins; if the exception is not granted, the applicant agreed to relocate the bins out of the setback and provide as-built plans showing the change.

At the hearing, board members discussed enforcement and compliance. Joseph noted code-enforcement and building-inspection paths if construction proceeds without required approvals and said the board can schedule a compliance hearing or require corrective action. One board member proposed that the conditional approval include both possible outcomes so the approval does not simply lapse if the special exception is denied — for example: (A) if the special exception is granted, the approval stands; (B) if denied, the applicant must submit as-built plans showing bin relocation.

The motion the board adopted (recorded in the transcript as a conditional approval) included, at minimum, these conditions: obtain required special exception for the storage bins or else relocate the bins outside the setback and submit as-built documentation; execute a development agreement with the town; and obtain all necessary permits (driveway, water, sewer and others as applicable). The board also accepted the applicant’s master sign plan with no objection noted in the meeting record.

The applicant and staff were instructed to follow through on the stated conditions. The board did not enumerate a roll-call tally in the transcript for the final motion; the public record and minutes will show the official vote count.

The applicant said he had already started partial construction on the retaining wall and that moving the wall would be costly; he asked the board to allow him to pursue the special exception before requiring removal. The board recognized the applicant’s financial exposure but said the town’s counsel’s interpretation of the ordinance constrained the board’s options.

The board closed the public hearing and moved forward with the conditional approval and standard permitting requirements.