HomeMy WebLinkAbout2025-10-07 Planning Board Minutes Town of North Andover
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PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons �� �l�,l � ,�•. Kate Kelly
Peter Boynton '
Tuesday October 7, 2025 cr, 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 October 7,2025,was called to order at 7 p.m.
6
7 STAFF REPORT
8
9 BOND RELEASE
10 521 Dale Street,Anthony and Lindsey Sallese: Request for release of a$4,000 performance bond associated with a March
11 21,2023 Watershed Special Permit that allowed for the installation of an inground swimming pool,paver patio and fence
12 within the 325'Non-Discharge Zone of the Watershed Protection District.
13 J.Enright: Construction is complete and the site is stabilized. The engineer certification letter and as-built plan are in the
14 meeting packet.There were some field changes made,specifically:the chain like fence was installed around the perimeter of
15 the backyard area v.just the pool.Part of that fence was installed on 10 Coventry Ln.;the engineer said the owner has no
16 issue with it. The patio increased from 700 sf to 870 sf.A walkway was added between the pool and rear of the home. Instead
17 of being at ground level,the pool patio and infiltration trench are now bordered by a 1.5' high mortared rock wall.
18 MOTION: S.Kevlahan made a motion to release the bond funds,plus interest,for 521 Dale Street.K.Kelly seconded the
19 motion.The vote was 4-0,unanimous in favor(J. Simons abstained as an abutter).
20
21 CONTINUED PUBLIC HEARINGS
22 Stonecleave Road Map 104,Lots 139, 140,141,LRC Builders,LLC: Request to continue until October 21,2025
23 Planning Board meeting.Application for a Planned Residential Development Special Permit under Article 8 Supplementary
24 Regulations,Part 5 Planned Residential Development and Article 10 Administration §195-10.7 of the North Andover Zoning
25 Bylaw. The applicant proposes construction of a private roadway and three single-family dwelling units serviced by wells
26 and septic systems. Property is located in the Residential 1 zoning district.
27 J.Enright: Met on site this morning with the peer review consultant Janet Bernardo,Horsley Witten Group,the project
28 engineer and a member of the Conservation Commission. Reviewed the stormwater design and possible improvements to the
29 design.Applicant will be responding to the first peer review letter this week.
30
31 11 Marblerid2e Road and Map 37.C,Lot 56,Marble Ridge Farm LLC: Application for Limited Site Plan Review under
32 Article 8,Part 3 Site Plan Review and Article 10 Administration Section 195-10.7 of the North Andover Zoning Bylaw.
33 Applicant proposes use of the property to grow grapes,harvest grapes,the production of wine,and wine tastings. In addition,
34 accessory uses to the winery are proposed: guesthouse overnight rentals,wedding showers,rehearsal dinners,and other
35 celebratory private events. The site is located in the Residential I zoning district.
36 J. Enright: The Board can evaluate criteria including structure bulk,open space, layout,parking, lighting,drainage,waste
37 disposal,fire protection,and sustainability. Subsequent to the last meeting,a revised Temporary Certificate of Occupancy
38 allows for 83 occupants,wine tastings,two pre-booked events,and use of three guesthouses.A legal opinion regarding Dover
39 protection for accessory uses has been submitted by the applicant's attorney. The Building Commissioner has also submitted
40 an opinion regarding the accessory uses proposed and has determined they are protected(as described by the applicant)by the
41 Dover Amendment.The Building Commissioner determined the use as Cultural/Recreational/Entertainment with a maximum
42 occupancy of 99 standing or 83 seated,and a minimum parking requirement of 25 spaces.The Parking Plan includes 35
43 spaces(12 paved,7 gravel, 15 grass with attendant for grass spaces). An abutter has submitted photos of parking that took
44 place on September 27th.A draft decision has been prepared for the Board's consideration. Several abutter comments were
45 received and are included in the meeting packet. The applicant has requested an amendment to Condition#21 in the draft
46 decision.
47 E. Goldberg: Explained that the Dover Amendment prohibits the Board from regulating the size of events,restricting noise
48 and business hours.Those items are appropriate for the Select Board during licensing.The Board will address conditions
49 regarding the guest houses and parking.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair •• Sean Kevlahan
John Simons
Kate Kelly
Peter Boynton
Tuesday October 7, 2025(d, 7 p.m., 120 Main Street— Town Hall,North Andover, MA 01845
50 P.Bow: Confirmed abutter comments received will be sent to the Select Board for review during the licensing along with
51 a copy of the approved decision.
52 B.Leland,Frank DiLuna-Smolak&Vaughan,Ally Procopio-Winery Dir.: Submitted a response to the abutter comments
53 (Tyler and Leland)so that the information may be shared with the Select Board as well.
54 Board: Reviewed submissions just received,having no comment or questions.
55 E. Goldberg: Opened the meeting to public comment.
56 Nancy Leland,abutter,270 Great Pond Road: Submitted photos of parking taking place on the property on September 27,
57 2025.Parking is not consistent with the parking plan submitted and reviewed by the Board;questioned whether a parking
58 attendant is present on site. Prefers to see the parking per the parking plan that was included in the application,which utilizes
59 buffering trees. Otherwise,the open parking is in full view and not screened.
60 J.Enright: Presented photos submitted by N.Leland. Explained that the area shown in the photo that includes tables and
61 chairs is the location of the grassed overflow area for 15 parking spaces.
62 B.Leland: Explained that the area referenced as the grass overflow parking represents about half of it,and that the other half
63 is not depicted in this picture. Confirmed the photos submitted are accurate.Explained that parking area shown in the photos
64 is an open field.Applicant noted that 90 grape plants were moved to create screening between properties, including M.
65 Tyler's.Additional layers of screening between the supplemental parking area and N.Leland's property include several rows
66 of the vineyard,four mature trees,a stone wall and Great Pond Rd. Supplemental parking is oriented further away from all
67 direct abutters and N. Leland's property. Supplemental parking is only used during wine tastings and not used for overnight or
68 long-term parking.On N. Leland's side there is a stone wall,shrubs,and detached garages before reaching her living areas.
69 Building Commissioner had no concerns with the supplemental parking arrangement, its use or location.Applicant has
70 reached out to Ms.Leland to address concerns with no response.
71 E. Goldberg: Explained that the plans submitted are strong and that the Board is prepared to approve what was submitted this
72 evening, is not ready to approve a change without further evidence. Encouraged applicant to adapt the plan to show full
73 intended parking areas. Communicated that the current parking plan was vetted and approved by all departments. Stated that
74 parking orientation,traffic flow,emergency management access is all critical and this Board will regulate parking. We want
75 you to be in full compliance with your permit which currently shows 15 spaces.
76 F.DiLuna:Noted caselaw referencing reasonable regulations with regard to parking(and lighting)as one of the exemptions
77 the agricultural community appreciates.
78 N. Leland: Prefers the parking as shown on the current plan due to better screening provided.The parking that's been taking
79 place is in full view.
80 E. Goldberg: Explained that the Hume case provided by Town Counsel was very helpful in identifying this under the Dover
81 Amendment;the parking,guest houses in conjunction wine tastings fit with the established criteria.
82 P.Boynton: Questioned whether the applicant can modify the plan to show how he envisions the parking to be.The town has
83 a very good emergency response system&department which they invest in for everyone's protection.If NAFD has an
84 emergency response to your property,they need to know where the cars are going to be; it directly affects their response in
85 order to help you. It's crucial to know the orientation of the parking and have the plan vetted.
86 J. Simons: Suggests the Board is ready to vote. Requested the applicant to comply with the parking as is and be done.
87 E. Goldberg:Explained that the Board can vote on the decision as it is,with the plan as submitted which has been vetted,or if
88 you want to move the parking orientation you can choose to redo the plan requiring a new review by all parties involved
89 costing time.
90 P. Boynton: Explained that if the parking plan shows dedicated parking areas and the cars are in a different place because
91 you're thinking it's an open field,but it's not what you put in the plan,that will not work.
92 (7:30 p.m.)Chair suggested brief recess for the hearing in order for the applicant to make a decision regarding the parking
93 plan(7:30 PM).Board addressed remaining items on the agenda.
94 (7:36 p.m.) 11 Marbleridge Road hearing resumed(7:36 PM).
95 B.Leland: Agreed to maintain the existing parking plan as submitted as part of the application to the Board.
96 Board: Reviewed the draft decision.
97 K. Kelly:For consistency, compared Building Commissioner's memo regarding how the Dover Amendment applies to
98 language included in the decision. Suggested wine tastings be pulled from Primary Use to Accessory Use and place on-site
99 parking in Accessory Use,Board agreed. Condition#17:K.Kelly expressed concern for requiring guests at the cottages to
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Town of Noah Andover
PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons �i it l�f l r �'• Eate Kelly
Peter Boynton
Tuesday October 7, 2025(d,) 7 P.in., 120 Main Street— Town Hall,North Andover,MA 01845
100 purchase alcohol,having to do with public accommodation laws that are constitutionally protected to allow people to access
101 public accommodations without regard to religion,gender race,etc. With religion being one of them,is concerned that by
102 requiring the purchase of alcohol or even the tasting of it,the Board is running up against a protected use for people who are
103 of religious faith requiring them to be abstinent from alcohol.
104 J. Enright: Consulted with Town Counsel who is comfortable with the language as drafted.
105 E. Goldberg:Advised K. Kelly that she may make a motion to amend it. Expressed agreement with Town Counsel,keeping
106 the language as is.Expressed concern with losing Dover protections if supporting the winery in some manner is not a
107 requirement. Addressed the applicant,hoping they would accommodate guests if it was ever an issue.
108 K.Kelly: Concerned as a government entity the Board is requiring attendance at a wine tasting as a condition of someone
109 accessing a public accommodation.
110 Board:Agreed to leave the decision as is.
111 S. Kevlahan: Suggested the Hume v.Planning Board of Monterey caselaw be referenced in the Finding of Fact;Board agreed.
112 E. Goldberg:Acknowledged the applicant's request to amend condition#21 in the draft decision.Asked applicant how he
113 would like Findings of Fact#21 to read.
114 B.Leland: Requested to modify the draft decision language to read,"If it is determined that additional screening is warranted,
115 the Planning Director and Applicant will work together to develop a plan to enhance screening where appropriate."
116 F.DiLuna:Expressed concern that after the statute of limitations runs out in order to appeal the decision another level of
117 conditions could be imposed,not by the Board,but by the Administrator(Planning Director).
118 J. Simons: After being on the Board for a very long time,that's never been a problem.Believes this to be an overstretch based
119 on past practices; it's overly scrupulous.
120 B.Leland: Communicated that he extracted verbiage from a 9/2024 Planning Board decision.
121 J. Enright: Explained that it is standard language included in many decisions.
122 E. Goldberg: Explained that the Board is very open to people corning back and having conversations with us;it's rare and
123 hardly ever happens:
124 MOTION: J. Simons made a motion to close the public hearing for Limited Site Plan Review for Marble Ridge Farm LLC.
125 P.Boynton seconded the motion. The vote was 5-0,unanimous in favor.
126 MOTION: J. Simons made a motion to approve the application for Limited Site Plan Review for Marble Ridge Farm LLC, as
127 amended. S.Kevlahan seconded the motion.The vote was 5-0,unanimous in favor.
128 K.Kelly and P.Boynton noted that their voted in support of the decision with concern for potential conflict with religious
129 protections.
130
131 DISCUSSION ITEMS
132 2026 Planning Board meeting schedule
133 J.Enright: The proposed schedule adheres to the I"&3r`r Tuesday of the month. Exceptions include: February&April school
134 vacation weeks(mtgs. Tues.l &4),May's Annual Town Meeting(mtgs. Tues.l &2),National Night Out in August(mtgs.
135 Tues.2&4). all elections, and religious holidays are as noted.
136 MOTION: P.Boynton made a motion to approve the 2026 Planning Board meeting schedule. S.Kevlahan seconded the
137 motion.The vote was 5-0,unanimous in favor.
138
139 Attorney General Office Annual Town Meeting zoning bylaw amendment's decision
140 J. Enright: The Attorney General approved Articles 23,24,25,and 26 of the 2025 Annual Town Meeting's zoning bylaw
141 amendments.For Article 22,concerning Accessory Dwelling Units(ADUs), several changes were made:
142 • Section 195.111(E): The requirement for a special permit for ADUs on pre-existing nonconforming structures or lots
143 was disapproved and deleted due to conflict with M.G.L.
144 • Section 195-8.113(E)—Parking Requirements: The phrase"a minimum of was removed from ADU parking
145 requirements.Municipalities cannot require more than one parking space for ADUs outside a 0.5-mile radius of a
146 transit station,per the AGO.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Sean Kevlahan
John Simons �21 @��, � ����•
Kate Kelly
Peter Boynton
Tuesday October 7, 2025(a, 7 p.m., 120 Main Street— Town Hall,North Andover,MA 01845
147 • Table 1—Summary of Use Regulations: The "N" indicating single-family homes were not allowed in Planned
148 Commercial and OSGOD districts was disapproved and deleted.The written bylaw narrative(prohibiting single-
149 family homes)will now control,as the table conflicted with it.
150 • Sections 195-8.112(E)and 195-8.113(B): These sections should be amended to explicitly exclude minimum lot
151 size requirements for ADUs;the Town cannot apply such requirements in the interim.
152 Additional cautionary language was addressed with Town Counsel and housekeeping warrant articles can be presented at next
153 year's Annual Town Meeting.
154
155 MEETING MINUTES: Approval of the September 16,2025 meeting minutes.
156 MOTION:P.Boynton made a motion to accept the minutes for September 16,2025. S.Kevlahan seconded the motion.The
157 vote was 5-0,unanimous in favor.
158
159 MEETING ADJOURNMENT:
160 P. Boynton: The Annual Lake Cleanup was successful with a good turnout; Conservation did a great job picking up the baton
161 from Planning.
162 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by P.Boynton.Meeting adjourned @
163 7:54 p.m. The vote was 5-0,unanimous in favor.
164
165 MEETING MATERIALS: Planning Board Meeting Agenda October 7,2025,DRAFT Planning Board Meeting Minutes
166 September 16,2025; Staff Report:251007 Staff Report;521 Dale Street,Anthony and Lindsey Sallese: Engineer Cert.
167 Letter- 521 Dale Street,As-Built Plan—521 Dale Street,Approved Plan of Land—521 Dale Street—RI J I Marbleridge
168 Road and Map 37.C,Lot 56,Marble Ridge Farm LLC: Limited Site Plan Review: Previous Marbleridge Subdivision:
169 Recorded Plan,Decision, 1995 Conservation Easement Plan 12682,Hume Lake Christian Camps v Planning Board of
170 Monterey: Dover Caselaw,Draft Decision: Applicant Request 10.6.25,251007 Draft—LSPR Farm Winery,251007 Draft
171 Decision-LSPR Farm Winery,Application: Applicant Attorney's Dover Legal Opinion,250827 LSPR Supplemental
172 Materials,250827 LSPR Application,250826 Bldg Comm Dover Determination,Abutter Comment: Leland—Parking
173 Photos:Marble Ridge Winery parked cars#4,Marble Ridge Winery parked cars#3,Marble Ridge Winery parked cars#2,
174 Marble Ridge Winery parked cars#1,Marble Ridge Winery designated parking spaces,251007 Tyler—235 Great Pond Road,
175 251006 Luciano—Seigel—28 Marbleridge Road,250930 Leland—270 Great Pond Road,Final Supplemental Legal Opinion
176 Memo 9-25;251002 Bldg Comm Dover Determination,250918 Temporary Certificate of Occupancy,251007 Applicant
177 Response to Leland,251007 Applicant Response to Tyler;Stonecleave Road Map 104,Lots 139, 1.40,141,LRC Builders,
178 LLC:2025-10-07 planning board continuance request; 2026 Planning Board meeting schedule: DRAFT 2026 PB Meeting
179 Schedule;Attorney General Office Annual Town Meeting zoning bylaw amendment's decision: Cover Letter re AGO
180 Decision-9.2025,250910 AGO Bylaw Amendment Decision.
181
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