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ZBA flags notice and eligibility issues after 0 Sandwich Road plan expands; public raises traffic, outreach concerns
Summary
Attorney Jesse Schmer presented a revised 0 Sandwich Road proposal that increases units and changes the age‑restriction mix; town counsel and the ZBA said the revisions may be a substantial change to the project eligibility letter and asked the developer to provide confirmation from the subsidizing agency, consolidated plans and peer‑review funding before the July 16 continuation.
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Attorney Jesse Schmer presented a revised proposal for 0 Sandwich Road, telling the Zoning Board the developer had modified the earlier filing: the revised site shows a multi‑unit component of about 62 homeownership units and a rear cluster of single‑family lots the applicant described as 12 houses with two additional lots that could be donated to the town or a nonprofit. Schmer said MassHousing (the subsidizing agency) typically reviews some project changes at final approval and that the team had begun conversations with the agency.
Board members, town counsel and staff raised immediate procedural questions. The town’s project eligibility letter (PEL) in the record was tied to a prior configuration (an age‑restricted project around 50–60 units), and counsel said the scope and type of the revision — a roughly 28% net increase in units and the removal or alteration of an age‑restriction component — is likely a "substantial change" that should have spawned formal notice to the subsidizing agency and possibly a re‑evaluation of project eligibility. Town counsel advised the board to seek confirmation and correspondence from the subsidizing agency and noted a similar process had produced a substantive result in a recent adjacent application.
Multiple members of the public objected to the change, submitted a petition representing neighborhood concerns (the speaker said 166 signatures), and recounted an earlier meeting they said was contentious. Neighbors urged the board to require clearer outreach, better bound and numbered plan sets, and additional peer reviews — in particular a traffic peer review that includes Decosta/Decosta Circle and sight‑distance verification for the Sandwich Road approach. One resident alleged the developer threatened to increase density after neighbors voiced objections; the developer’s team did not concede that account at the hearing.
The board asked the applicant to consolidate and bind the plan set (the materials in the packets were inconsistent across members), provide an executive summary seven days before the continued hearing, and supply written confirmation or notice from the subsidizing agency about the change in unit count or project type. The ZBA also directed staff to request peer reviews (traffic and civil) funded by the applicant and continued the 0 Sandwich Road matter to July 16 to allow the record to be supplemented.
The hearing record shows the board and town counsel treating the change as procedurally significant and prioritizing notification and peer review steps before technical deliberation continues.

