HomeMy WebLinkAbout2025-09-16 Ploanning Board Minutes Town of North Andover /D ' 7,ZOZ
PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons Kate Kate Kelly
Peter Boynton
Tuesdal)September 16, 2025()a, 7 p.m., 120 Main Street— Town Hall, North Andover, MA 01845
1 Present/Planning Board: E. Goldberg,J. Simons,P. Boynton, S. Kevlahan,K. Kelly
2 Absent:
3 Staff Present: J. Enright
4
5 E. Goldman Chairman: The Planning Board meeting for September '16,2025,was called to order at 7 p.m.
6
7 STAFF REPORT
8
9 ANR PLAN
10 169 Chestnut Street,RCE Realty Trust,Jack Cahill,Trustee: Applicant proposes to subdivide the property to create a
11 new Lot B.
12 J. Enright: An ANR Plan was previously submitted showing this parcel divided into 4-lots. The Board approved the plan;
13 however, it was never recorded.ANR Plans are required to be recorded at the Registry of Deeds within 6 months of
14 endorsement.The applicant now proposes to create only one new lot on the corner of Quail Run&Chestnut Street. The lot
15 complies with frontage,access, CBA,and setbacks. The lot size is 25,049 SF(.minimum required is 25K.).
16 MOTION:J. Simons made a motion to approve the ANR Plan for 169 Chestnut Street and instructed the Planner to endorse
17 the plan. S. Kevlahan seconded the motion.The vote was 5-0,unanimous in favor.
18
19 NEW PUBLIC HEARINGS
20 11 Marbleridte Road and Map 37.C, Lot 56,Marble Ridge Farm LLC: Application for Limited Site Plan Review under
21 Article 8, Part 3 Site Plan Review and Article 10 Administration Section '195-10.7 of the North Andover Zoning Bylaw.
22 Applicant proposes use of the property to grow grapes,harvest grapes,the production of wine,and wine tastings. In addition,
23 accessory uses to the winery are proposed: guesthouse overnight rentals,wedding showers,rehearsal dinners,and other
24 celebratory private events. The site is located in the Residential I zoning district.
25 J. Enright: The Limited Site Plan Review application was Bled 8/27/25.Per the bylaw,the Planning Board shall file its
26 decision with the Town Clerk within 90 days of receipt of application,unless such time is extended in writing by agreement
27 with the applicant;90`'day is 11/25/25. Read Staff Report into the record identifying eight"reasonable regulations"the
28 Planning Board can consider under the Dover Amendment,covering aspects like building bulk, open spaces, layout for
29 movement,parking, lighting,drainage,waste disposal,fire protection,and sit stainability. It then details an application for a
30 Farm Winery,which began four years ago with grape growing and has expanded to include wine tastings, celebratory events,
31 and short-term rentals of three guesthouses.An on-premise pourers license was granted by the Select Board and the State,but
32 has not been issued due to a lack of a Certificate of Occupancy and zoning noncompliance,leading to the current application.
33 The Town has granted two restricted Temporary Certificate of Occupancy permits to allow some operations to continue. The
34 Building Commissioner determined the primary use is grape growing and wine production, consistent with MGL Ch.40 A
35 Section 3, but did not determine the applicability of the Dover Amendment for proposed accessory uses like bridal showers,
36 weddings, and guesthouse rentals, suggesting the applicant make his argument to the Board. The Farm Winery is on 5.01
37 acres(two parcels created in 1995 from a 1994 subdivision plan). The application shows a 1,250 sq ft T asting Room with a
38 seating capacity of 83 and standing room for 250,excluding outdoor seating. The applicant is requesting occupancy for up to
39 83 seated or 99 standing within the Tasting Room,plus additional outdoor seating.The Parking Plan includes 35 total spaces:
40 12 paved, 7 gravel, and 15 grassed overflow,with a proposed parking attendant when grass spaces are utilized. The Building
41 Commissioner determined the use is Cultural/Recreational/Entertainment with a maximum occupancy of 99 standing and 83
42 seated,requiring a minimum of 25 parking spaces. Wetlands proximate to the parking areas were delineated and a rope barrier
43 will be used to prevent vehicle encroachment into_jurisdictional areas. The parcel is in the Residential 1 zoning district.
44 J. Simons: The premise of the application is that this falls under Dover due to agricultural use?
45 J. Enright: The Building Commissioner determined this to be agricultural due to the primary use which is grape growing,
46 harvesting and wine sales under Dover;he's leaving it open to deliberation for Planning to determine how the accessory uses
47 such as renting the guest houses,tasting events,holding weddings, showers, celebratory events fall under Dover.
48 E. Goldberg: Which of those would be allowed under R 1?
1
Town of'North Andover
PLANNING BOARD
Eitan Goldberg, Chair »� Sean Kevlahan
// �
John Simons ��,.; ���� Kate Kelly
Peter Boynton
Tuesday September 16, 2025(7a 7 p.m., 120 Main Street— Town Hall, North Andover, MA 01845
49 J. Enright: Our agricultural bylaw is not in sync with Dover as it requires 10 acres of land;this is 5.01 acres. Outside of Dover
50 the proposed uses are not allowed in Residential 1.
51 E. Goldberg: We need to determine what does and doesn't fit under Dover, if it does,we can evaluate the 8 criteria to discuss
52 how to proceed.
53 Brit;Leland,Owner,Frank DiL,una,Atty. Smolak&Vaughan,Ally Procopio, Winery Din: Our-historic farm and boutique
54 winery,established in 1680 and supporting 'l l generations,began winery operations in 2020. This contributes to the town's
55 Master Plan by preserving open space,creating local jobs, and increasing tax revenue. We hold all necessary state and federal
56 permits, including a Pouring Permit from the Select Board.We handcraft five small-batch wine varieties,with tastings offered
57 in our historic barn. Private tastings and farm stays are integral to wine sales,requiring substantial wine purchases and
58 providing educational materials and discounts.Three historic buildings are available for stays and tastings,with bookings
59 requiring wine purchases. We comply with MA General Law 40A Sec 3 for Agritourism, and Mass.gov lists 15 farms
60 offering "farm stays,"with our stays being incidental to wine production. We have 25 winery staff,hosted 4,500 wine
61 tastings,50 private events,and over 500 farm winery stays without incident.No property or operational changes are reflected
62 in this application.The owner's home was built in 2004.Town departments have inspected and approved operations for the
63 Pouring Permit. We have 12 paved, 8 gravel,and 15 grass overflow parking spaces. Building occupancy is 83 seated,99
64 standing,with no request to exceed these limits outdoors. We applied for an Entertainment License limiting hours to 9 p.m.
65 with adherence to residential sound ordinances. We presented a local petition with over 400 signatures and 115 comments,
66 and received letters from top tourism groups, demonstrating strong local support. Our family resides on the farm and operates
67 responsibly. Operating under extreme restrictions without an approved Pouring Permit has severely impacted revenue during
68 peak season. We seek immediate approval of the Pouring Permit to return to full operation,as delays jeopardize our current
69 season and long-term sustainability. We urge the Board to reach a resolution tonight.
70 S. Kevlahan: What are your current hours of operation?
71 A.Procopio: Open Fridays from 4-9 p.m., Saturdays 1-9 p.m. and Sundays 1-6 p.m.
72 J. Simons: What is the largest scale event you would have on the property?Any events where the police had to show up?
73 A.Procopio: Receives daily inquiries for private wine tasting events.Largest has been 70,size of the room does not
74 accommodate more,rarely gets inquiries for that many people;most parties are under 50.No incidents on the property.
75 J. Enright: Applicant has submitted an Entertainment License which includes proposed hours for Thursdays, Fridays,
76 Saturdays and Sundays going to 9 p.m. The new application has slightly extended hours and will be permitted through the
77 Select Board as part of the Entertainment License approval.
78 E. Goldberg: Supportive of historic property reuse(farms).However,the proposal doesn't align with current zoning or the
79 Dover Amendment. Grape growing and winemaking are agricultural,fitting Dover,but the use as a wedding/entertaimnent
80 venue is questionable under it. Counsel's legal argument is requested to justify this under Dover. Why wasn't a zoning change
81 sought two years ago?Approving this now sets a dangerous precedent, ignoring the law.A legal justification under the Dover
82 Amendment or bylaws is needed.
83 Frank DiLuna,Atty. Smolak&Vaughan: G.L. c.40A, Sec.3,Paragraph 1 provides an exemption for farm product"sale
84 facilities" (farm stands)in residential areas if associated with a farm.This statute, influenced by the need to support farms and
85 agritourism,has evolved to accommodate short growing seasons. Initially requiring 50%of goods sold to be the farm's own,
86 the law was amended.Now,during the principal harvest season,25%of sales must be the farrn's product. If this cannot be
87 met, annual sales must include 25%of the farm's own product and 50%from other Massachusetts farms to qualify for the
88 exemption.
89 E. Goldberg: We are referring to commercial agriculture as the primary purpose;questioned how do Accessory Uses collie
90 into play. Are there examples of case law that define Accessory Use as falling tinder the Dover Agreement?
91 F. DiL,una: Accessory Uses promote the principal use of the lot.
92 E. Goldberg:Not all accessory uses fall under Dover;tastings fall closer to a Dover accessory use. Struggling with guest
93 houses,weddings,etc. It comes back to setting a precedent; should you be zoning for it?
94 F. DiLuna:The legislature has given this right to the agricultural community. Agritourism includes wedding venues;there are
95 15 in the local area.To stay at the farm,you need to purchase the wine as an integral part of the sale of the wine.
96 E. Goldberg: If you are at full capacity what percentage of the business would be the tourism: the guest house,wedding
97 banquets, etc, versus selling the wine outright?
2
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Sean Kcvlahan
John Simons /%%%"iii '° Kate Kelly
Peter Boynton
Tuesday September 16, 2025 C), 7 p.m., 120 Main Street— Town Hall, North Andover, MA 01845
98 F.DiLuna: They would have to maintain the ratio;there have been farms that have halted their wedding venue. In this case
99 they are only serving their own wine and 100%of the sale is their product.They are required to track what they sell and are
100 required to adhere to the 25%annual, 50%ratio and abide by that,
101 Christine O'Connor Town Counsel: Accessory use is fact-driven and doesn't always mirror the primary use. For example, in
102 Hrone Lake Christian Camps, Inc. v. Planning Board(�f Monterey, 492 Mass. 188(2023), the court found "Recreational
103 Vehicle camp"was an accessory use supporting the Christian camp's primary goal. Similarly,towns like Littleton,MA,allow
104 accessory uses to farming to sustain their agricultural history, all intended to support the primary farm use.
105 E. Goldberg: That is a very helpful case for reference;we should consider expanding our-accessory use changes to our zoning
106 bylaw going forward.
107 F.DiLuna: Didn't seek zoning because agritourism outlined in 40A Sec 3,allowed the vineyard and related accessory uses.
108 B. Leland: We are only here now because of the Pouring Permit;never envisioned coming before Planning because we've
109 been operating as a farm,protected by the State; all operations are accounted for based on state requirements.
110 E. Goldberg: Expressed concerns regarding parking,confirmed no changes to the site and no new structures planned.
111 K.Kelly: Standing capacity could be greater than sitting;concerned for unaccounted vehicles.
112 J. Enright: The Occupancy permit restricts the maximum capacity to 99 standing and 83 seated is also attached to that
113 Certificate of Occupancy.Anything over that,requires the barn to have a fire sprinkler system.
114 B. Leland: Reviewed parking plan showing existing paved areas,gravel areas arid spaces near the large open field for
1.15 supplemental parking that is open or shared with grapevines.
116 J. Enright: Initial parking plan identified 79 parking spaces which was scaled back in order to avoid Conservation's buffer
117 zones.It also showed parking on the adjacent lot,which was scaled back to stay within this lot.NAFD has driven a truck
118 through the site and requested removal of 4 spaces.Parking has been vetted with the town departments and no one has
119 expressed concern with what has been included on the proposed parking plan.
120 P. Boynton: Questioned seasonal limits.
121 B.Leland: We adjust hours which are limited in wintertime; operate year-round. Has accommodated people for many years in
122 the snow, displayed exterior lighting used across the property.Neighbors have not commented on any light fixtures.
123 E. Goldberg: Opened hearing to the public;no comments were made. Emails were received from a resident and one direct
124 abutter comment-N. Leland,270 Great Pond Rd.who questioned ownership and lot size,percentage being used,whether that
125 qualifies for Dover which the Building Commissioner can address. Requested applicant discuss the proposed schedule of
126 activities and off-street parking.
127 B. Leland: The Building Commissioner had no concerns regarding the resident abutter's comments;the situation was
128 compliant with the Temporary Certificate of Occupancy. Public wine tastings occur during normal business hours,may
129 include a tour,and are part of normal operations,limited to ten cars or twenty people as per the Temporary Certificate of
130 Occupancy.Though listed as "events" in software,they are simply wine tastings. We've submitted and had at least four off-
131 street parking plans reviewed,arriving at a final plan differing from what was shown,and have followed the slightly different
132 plan attached to the Temporary Occupancy.
133 K. Kellw: The Dover Amendment is confusing regarding the discussion of rental units and ADUs.
134 F. DiLuna: The two are different;the wine stay exists to specifically market the product.
135 K. Kelly: In terms of temporary rentals,would an Airbnb situation be allowed in Residential 1?
136 J. Enright: Guest houses can be short term rentals because they are not ADUs but rather are accessory uses supporting the
137 winery.They are advertised on Airbnb;we wouldn't expect that,independent of the winery,they will take customers that just
138 want to stay short-term and have nothing to do with the winery. He attested that if they stay in a guest house,they have to
139 purchase wine and experience a tasting to support the winery.
140 E. Goldberg: Confirmed that that could that be a condition of the Permit. Asked applicant's attorney to explain in a short
141 memorandum to the Planning Board why these different accessory uses fall under Hume.Lake Christian Camps, Inn. v.
142 Planning Board 'Nlarrterey, 492 Mass. 188(2023),switching terminology to agricultural purposes. Explaining this will be
143 the best argument if it fits under this case law.
144 P.Boynton:Assume it's graduation arid someone is seeking a local rental. How would you handle this?
145 B. Leland: They wouldn't be treated differently than anyone else. They would be required to fulfill all aspects of the farm stay
146 agreement.
147 E. Goldberg: You could broaden your opportunities with a zoning change.
3
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday September 16, 2025(i7 7 p.m., 120 Main Street— Town Mall, North.Andover, MA 01845
148 P. Boynton:ton: With Town Counsel's assistance there may be a path forward. Your Temporary Occupancy Permit has you at 20
149 guests which you said is an extreme restriction. What are the timelines involved?
150 E. Goldberg: If we grant the permit under LSPR establishing parking,horns of operation,etc.they can go back to the Select
151 Board for full permitting for Pouring,etc. allowing for additional guests.
152 J. Enright: The numbers were set because the winery has been operating and we wanted this to help the survivability until we
153 could work through the permitting process. If this Board tonight has a high degree of confidence that the attorney's legal
154 opinion will justify the accessory uses are protected by Dover,a draft decision could be prepared for the next meeting.If the
155 Board is not opposed to increasing the occupancy during the permitting process the numbers could be increase.
156 E. Goldberg: The Board didn't set those restrictions or numbers;whomever set them, could change them.
157 J. Enright: The permit now is temporary and restricted based on certain parameters.
158 P. Boynton: Are you suggesting we do something on a contingency basis that would accelerate that action?
159 J. Enright: Yes,if the Board felt comfortable to authorize me to go higher, everyone would have to sign off on it including
160 NAFD.
161 P. Boynton: If the path is reasonable and there is a way to offer them temporary relief,based on their commodity being grapes
162 and with it being harvest time, it would be timely.
1.63 B. Leland: We are presenting and discussing Dover and assuming we have Dover protections,you are the only Board that is
164 under consideration right now. We are not required to go back to the Select Board. We have to obtain our Entertainment
165 License. We have established items with everybody else. Time is of essence for our operation. If there is any way we can
166 reach a decision perhaps by the 30111 which Jean said might be a possibility if the Chair and the Board are open to adding a
167 meeting to the schedule.
168 J.Enright: The town is reluctant to issue the Pouring License until they are compliant with zoning and have a full Certificate
169 of Occupancy which could occur at the 10/7/25 Planning Board meeting. It would be a way to increase occupancy, it would
170 remain a tasting event operation only.
171 S.Kevlahan: Trying to connect the dots from case law to having weddings and receptions;looks forward to the memo.
172 E. Goldberg: This case says a parking lot can be an accessory structure qualifying under Dover if it's supporting the primary
173 purpose.The wine tastings are obvious to supporting the primary purpose,the guest houses are related,the weddings are
174 supportive of the business. Did not suggest scheduling a special meeting.
175 F. DiLuna: The Legislature says you can have a"sale facility"a place to serve your product. This was an economic bill to
176 keep farms viable,the 50%"other products"will need to represent other MA products.
177 B. Leland: We are all intentional 5-acre,boutique farm with limited parking, occupancy.As the owner lives on site and has
178 started his family.No large events on the property from a public facing perspective are being planned.Focus is on the wine
179 tasting experience which will be limited in size;cares about the small size and scale of the property.
180 E. Goldberg: What events are proposed in the next three weeks?
181 A.Procopio: We're receiving daily calls for private wine tastings,which cannot be booked due to the Temporary Certificate of
182 Occupancy Permit.This ban extends indefinitely to 2026.For the next three weeks,we will only host events booked before
183 July. A welcome party and rehearsal dinner next month are allowed under the permit. Micro-weddings could be considered in
184 the distant future.
185 P. Boynton: The question becomes whether we are comfortable giving some relief on those type of things.
186 J. Enright: Is the Board comfortable with going to full occupancy 83 seated?
187 Board: Board unanimously agreed to raise the seating count.However,E. Goldberg was not comfortable greenlighting
188 without a memo from the applicant for the winery to begin their booking operations again. Wine tastings are fine,not
189 accessory uses such as weddings,bridal showers,rehearsal dinners. conditions must be included in the permit.
190 P. Boynton: We are not greenlighting beyond a temporary certificate;we have simply expanded the size of the temporary
191 permit.
192 J.Enright: The Temporary permit(30 days)allows tastings for up to 20 people; if the Board agrees the max occupancy for
193 wine tastings and the two scheduled events can be increased to 83. If you are comfortable with renting of the guest houses,we
194 can condition the temporary permit to include that use providing they abide by the criteria shown tonight. The applicant
195 applied for the latest Temporary Certificate of Occupancy on 9/11/25 and tomorrow morning I can change the conditions
196 prior to issuance or potentially he will have to put in another permit application and we will condition it. It will include the
197 parking according to the plan submitted to the Board.
4
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons Kate•. Kate Kelly
Peter Boynton
Tuesday September 16, 2025(7a, 7 p.m., 120 Main Street— Town Hall,North Andover, MA 01845
198 E. Goldberg: The Building Commissioner left it to us to decide whether the accessory uses fall under the Dover Amendment;
199 we will make our recommendation to him.
200 K. Kelly:Kelly: When considering short term rentals and conditions,expressed concerns for renters who don't purchase or drink
201 alcohol;there are very prescriptive conditions with regard to public accommodations. Want to be thoughtful about
202 conditioning,especially where we're putting it into a permit. Any renter shouldn't be forced to purchase alcohol to stay at the
203 farm;the last thing you want to do is deny access to somebody who wants the experience.
204 B. Leland: You are saying the condition may not need to be included because it's discriminatory.At the same time,we have
205 to do it for our purposes to meet all the requirements.In terms of the decisions and what is before you,where did we land with
206 regard to private wine tasting events and if we will be allowed to book out future events until somebody allows us to do so?
207 E. Goldberg: Wine tastings and private wine tasting events may be hosted providing they meet the occupancy,parking,etc.
208 requirements.
209 B. Leland: Where does our Pouring Permit stand?We have spent thousands of dollars preparing the space,going through all
210 the legal requirements,training our staff, etc. We need this issued because we are entering our peak season of October.
211 E. Goldberg: Planning doesn't weigh in on Pouring Permits;the presentation meets planning elements of the Master Plan,the
212 parking plan,layout, all seem sufficient. We are comfortable allowing you to move forward with your plans. The next
213 meeting is 10/7/25;we will need the legal opinion by next week;no Special Meeting will be scheduled.
214 (Continued to the October 7,2025 Planning board meeting)
215
216 Stonecleave Road Man 104,Lots 139, 140, 141,LRC Builders,LLC: Application for a Planned Residential Development
217 Special Permit under Article 8 Supplementary Regulations,Part 5 Planned Residential Development and Article 10
218 Administration §195-10.7 of the North Andover Zoning Bylaw. The applicant proposes construction of a private roadway
219 serving three single-family dwelling units serviced by wells and septic systems. Property is located in the Residential 1
220 zoning district.
221 J. Enright: A 13.31-acres of undeveloped land on.Stonecleave Road is proposed for a Planned Residential Development
222 (PRD). The site, located opposite Barco Lane and backed by Duncan Drive. The land is designated as Priority and Estimated
223 Habitats of Rare Species/Wildlife. An application has been filed with Natural Heritage and their comments pending. In May
224 2025,the Board reviewed a Preliminary Subdivision Plan(Yield Plan)for 3 buildable lots and a Preliminary PRD plan.This
225 PRD Special Permit application is filed as a Site Plan,requiring compliance with the Site Plan Review bylaw. The proposed
226 private roadway is 20 ft.wide,but the Board may require it to meet Subdivision Rules and Regulations. PRD Site Plan
227 dimensional regulations include no minimum lot size,no lot frontage,no yard setbacks,height limits of 30 feet or 2.5 stories,
228 50-foot distance between structures,and a 50-foot undeveloped buffer zone from the parcel boundary. Usable open space,
229 defined as land reserved for permanent open space or passive recreation,must be open to the sky and comprise 50%of the
230 total parcel area,with no more than 25%being wetlands.The proposed plan meets these requirements. While parking for
231 usable open space isn't mandated,the Planning Board may require it.Usable open space should be publicly accessible(unless
232 restricted) and not exclusively for homeowners/associations.A perpetual Conservation Restriction to the Town must be
233 recorded. Open space must be owned in common and accessible to all unit owners,through a non-profit,private organization
234 (e.g.,The Trustees,Essex County Greenbelt Association),the Town of North Andover, or a Planning Board-approved group.
235 A 30-foot Right of Way Easement for a horse farm located off Duncan Dr. exists within the buffer and usable open space.
236 Stormwater peer review has begun but the first review is not yet received.
237 J. Simons: The PRD bylaw goes back at least 25 years. A conventional subdivision is one house per acre(if it's 1-acre
238 zoning)meeting required frontage,topography is irrelevant,building out the entire property leaving a nominal amount of
239 open space. With a PRD,you determine the number of units you can legitimately build under conventional zoning,placing
240 homes on smaller lots preserving open space. With PRDs you share the roadways,preserve the topography,and have more
241 open space.There are two types of PRDs(1)the conventional version is a subdivision on smaller lots with open space(2)this
242 type is almost a condo ownership of the development;each of the houses does not have its own lot, it's one common lot
243 excluding the open space;this type would be a first for our town. We need to make certain that by right they are allowed to
244 build that many lots and access to the lots.
245 E. Goldberg: Requested the applicant to address how the open space accessed by the public and what types of activity can
246 occur within the open space.Also,to address the fire hydrant,water line connection,potential home sprinklers(submitted
247 NAFD comments).
5
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday September 16, 2025(a), 7 p.m., 120 Main Street— Town Hall, North Andover,MA 01845
248 J. Enright: Advised the Board that this land was an agricultural use for decades as a tree farm. The Town was given first right
249 of refusal when it was removed from 61A. The Town refused their right to purchase the parcel.
250 Ben Osgood,PE Ranger Engineering: The property is adjacent to a Natural Heritage protected zone due to the endangered
251 Blanding's Turtle,which hibernates in a nearby brook and lays eggs in spring. The land is forested with some wetlands, a
252 vernal pool, and is used by a horse farm for trails. The horse farm is accessed via a gravel easement. A proposed plan
253 includes a 20 ft. paved road, a cul-de-sac,and three homes. Septic plans are pending,but stormwater improvements are
254 planned, including catch basins and detention ponds. The soil is sandy loam.A 50 ft.buffer zone to neighboring homes will
255 be maintained,and 70%of the parcel will remain open space,with 12%of that being wetlands. Existing trails will be
256 accessible,but the easement to Duncan Drive cannot be used for vehicle access to this property, Open space title could be part
257 of the HOA,with unrestricted access.NAFD recommends a hydrant proximate or home sprinkler systems. There is an
258 existing water line on the horse farm's easement that heads to Lost Pond Road. DPW agreed to extend this easement to allow
259 for bringing a water line through this project to Stonecleave Road. This would allow for installation of a hydrant and
260 potentially future expansion of the water line along Stonecleave Road.The developer will investigate bringing the line to the
261 property.
262 Andrea Lee 11 Stonecleave Rd: Questioned whether blasting of rock, ledge or drilling would occur as part of the
263 construction, inquired about the amount of well water a 5K sfhome would draw,a hydrant should be considered(nearest is
264 located at Sherwood Drive.), prefers people not access the open space for safety due to hunting activity that takes place on the
265 parcel. Wellington Way has open space without parking;requested parking access be removed. Has water issues on her
266 property with water pooling in her front yard in spring;creating a mess and causing her driveway to erode.
267 B. Osgood: Generally,contractors remove rock by harmner and to avoid blasting. Wells would be drilled by a drill rig into the
268 bedrock to obtain water. Title 5 allows one septic system per acre. There are three wells/septic systems on 13 acres of land
269 proposed. which is much less dense than the development surrounding the proposal;capacity is fine and wouldn't draw water
270 to the point that current wells would run dry in the area. Bedrock wells are typically drilled 2-4-600+ft deep where there is
271 plenty of water.
272 E. Goldberg: Board agreed unanimously to remove public parking from the plan.
273 John Holleran 434 Boxford St.: Can the HOA post no hunting signs because there are hunters in the area?
274 J. Enright: Will ask the Conservation Department in hunting permits have been issued for the parcel.
275 Dick Adams abutter, 114 Stonecleave Rd.: Resident abutter to the property for 50 years,concerned about water table and
276 drainage which is currently subpar; springtime is"high tide"on his property. Requests project review storm drains and
277 systems.
278 J. Enright: Will ask DPW to inspect the catch basins in the area.
279 Matthew Dacey, abutter, 141 Stonecleave,Rd.: Water from the roadway overflows ending up in his driveway and ultimately
280 his garage.Agreed with eliminating parking at the entrance to discourage visitors to the parcel;does not want trespassers.
281 Brett Fulton abutter, 162 Stonecleave Rd.: Questioned why the developer isn't considering building one home versus three?
282 E. Goldberg:A typical subdivision would render more homes with less open space.This bylaw allows for less obstacles the
283 developer would encounter and have more open space.
284 P. Boynton: We've heard existing concerns with water perhaps because procedures were not as good when this subdivision
285 was built. Questioned what happens if our third-party review was wrong for whatever reason?What is the recourse?
286 B. Osgood: The best we can do is to decrease the amount of stormwater heading in their direction.This is an opportunity to
287 hold the water back by infiltrating it better into the ground,which is what is proposed.
288 E. Goldberg: MA Stormwater Regs and our local bylaw are in place which states conditions cannot be made worse. Requested
289 developer stake the driveway so that site entry may reviewed,no site walls is scheduled.
290 Larry Flynn, abutter, I I Barco Lane: Concerned with the well draw three large homes will have.Is there a confirmation
291 process whereby someone can review this prior?Questioned why a HOA v. individual home ownership.
292 E. Goldberg:Not aware of any testing but we'll look into it for reassurance.
293 B. Osgood: This is a"cluster development";the advantage with an HOA is the town isn't forced to maintain the roadway;
294 there's no stormwater costs,town is not required to plow the road,trash pickup is at the end of the driveway,etc.;reducing
295 impact.
296 (Continued to the October 7,2025 Planning'board meeting)
6
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair. Sean Kevlahan
John Simonsi,,,,;,/fir Kate Kelly
Peter Boynton
Taesday September 16, 2025(i, 7 p,nr., 120 Main Street— Town Hall,North Andover, MA 01845
297
298 CORRESPONDENCE
299 E. Goldberg: The Planning board received an email from an abutter regarding 0 Prescott St. Since this is not before us
300 requested that J. Enright forward the correspondence to Zoning.
301
302 MEETING MINUTES: Approval of the September 2,2025 meeting minutes.
303 MOTION: P.Boynton made a motion to accept the minutes for September 2,2025. S. Kevlahan seconded the motion.The
304 vote was 4-0,unanimous in favor(J. Simons did not vote).
305
306 MEETING ADJOURNMENT:
307 MOTION: P.Boynton made a motion to adjourn the meeting.The motion was seconded by S. Kevlahan. Meeting adjourned
308 @ 9:30 p.m.The vote was 4-0,unanimous in favor(J. Simons did not vote).
309
31.0 MEETING MATERIALS: Planning Board Meeting Agenda September 16,2025,DRAFT Planning Board Meeting Minutes
311 September 2,2025; Staff Report: 250916 Staff Report; 169 Chestnut Street,RCE Realty Trust,Jack Cahill,Trustee: '169
312 Chestnut-ANR Plan,250911 ANR Application; 11 Marbleridte Road and Map 37.C,Lot 56,Marble Ridge Farm LLC:
313 Limited Site Plan Review: Abutter Comment: 250911 Leland—270 Great Pond Road, Application: 250826 Bldg Comm
314 Dover Determination,250827 LSPR Application,250827 LSPR Supplemental Materials,Applicant Attorney's Dover Legal
315 Opinion;Department Review:250828 Building Inspector Comment,250902 Health Department Comment,250911
31.6 Conservation Comments; Previous Marbleridge Subdivision: 1995 Conservation Easement Plan 12682,Decision,Recorded
317 Plan,Resident Comment: 250915 Peskoe comment; Stonecleave Road Map 104,Lots 139, 140, 141,LRC Builders,LLC:
318 Planned Residential Development: Application: 2025-08-19 DRAINAGE REPORT,2025-08-19 STONECLEAVE
319 ESTATES PLAN SET, Stonecleave Road Project Narrative, STONECLEAVE SIGNED PRD SPECIAL PERMIT
320 APPLICATION; Department Review: 250824 NAPS comment;Locus: Stonecleave Road Parcels;Priority—Estimate Habitat
321 of Rare Species; Correspondence: 250827 Sarnie email—0 Prescott Street.
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