HomeMy WebLinkAbout2026-01-06 Planning Board Minutes Town of North Andover
PLANNING BOARD
ra
Eitan Goldberg, Chair '`' "''""°°""°"'°°'
Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday January 6, 2026 na, 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 January 6,2026,was called to order at 7 p.m.
6
7 BOND RELEASE
8 492 Sutton Street,Homeirown Lacrosse LLC: Request for release of a$10,000 performance bond associated
9 with a December 5,2023 Site Plan Review Special Permit and a$4,000 Watershed Protection District Special
10 Permit performance bond. The approvals allowed for the development of a 2.5+/-acre leased area on the Lawrence
11 Municipal Airport property fronting on Sutton Street,which included construction of a 39,100+/- SF athletic facility
12 with office space,parking lot,utilities and drainage improvements.
13 J. Enright: The site is fully constructed and operational. Described the field changes detailed in the engineer
14 certification letter provided by Hancock Associates.
15 MOTION: J. Simons made a motion to release bond funds plus interest,for 492 Sutton Street,Homegrown
16 Lacrosse LLC. S. Kevlahan seconded the motion. The vote was 5-0,unanimous in favor.
17
18 318 Salem Street,Jaime-Lyn Pickles:Request for release of a$4,000 performance bond associated with a December
19 3, 2024 Watershed Protection District Special Permit that allowed for the installation of a 15' x 32' in-ground
20 swimming pool,a 4' concrete apron,and a 6'high privacy fence within the 325'Non-Discharge Zone.
21 J. Enright: The engineer certification letter and as-built are included in the meeting packet.
22 MOTION: S.Kevlahan made a motion to approve the$4K bond release,plus interest,for 318 Salem Street,Jaime-
23 Lyn Pickles.J. Simons seconded the motion. The vote was 5-0,unanimous in favor.
24
25 CONTINUED PUBLIC HEARING
26 243 Great Pond Road,Steve Boyko: Application for a Watershed Special Permit under Sections 195-Article 4,
27 Part 5 and Article 10, 195-10 of the North Andover Zoning Bylaw.Applicant proposes to remove an existing sports
28 court and construct a greenhouse within the Non-Discharge buffer zone. The project is located within the Residential
29 1 Zoning District.
30 J. Enright: Stormwater peer review is complete.A draft decision has been prepared for the Board's consideration.
31 Finding of Fact#Ld addresses the conversation regarding fertilizer use within the greenhouse and the standard
32 fertilizer deed restriction is included for the entire property as a condition.
33 MOTION: S.Kevlahan made a motion to close the public hearing for 243 Great Pond Road. J. Simons seconded
34 the motion.The vote was 5-0,unanimous in favor.
35 MOTION: S.Kevlahan made a motion to approve the Watershed Special Permit,as amended, for 243 Great Pond
36 Road.J. Simons seconded the motion. The vote was 5-0,unanimous in favor.
37
38 1591 Osgood Street,Singh Realty Group LLC: Application for a Site Plan Review,Corridor Development
39 District,and Inclusionary Housing Special Permits under Article 8 Supplementary Regulations,Part 3 Site Plan
40 Review and Part 13 Inclusionary Housing Requirements,Article 16 Corridor Development District,and Article 10
41 Administration(195-10.7)of the North Andover Zoning Bylaw. The Applicant proposes demolition of the existing
42 structure(s)and construction of a 4-story building with a 15,290 square foot footprint. The first floor is proposed to
43 be retail and self-storage and the second to fourth floors are proposed to be 38 residential units along with parking,
44 landscaping and associated improvements. The project is located within the Corridor Development District 3
45 (CDD3) and Residential 2 Zoning Districts.
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Town of North Andover
PLANNING BOARD
ra
Eitan Goldberg, Chair '`' "''""°°""°"'°°'
Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday January 6, 2026 na, 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
46 J. Enright: Applicant has responded to civil,traffic and stormwater. Suggested conditions are included in the draft
47 decision. Revised architectural plans are in the packet. The Civil peer reviewer deferred three items to the Board.
48 The items are detailed in the Staff Report(amount of refuse space,no recycling facilities,and no sidewalk from
49 residential main entrance connecting to Osgood Street shown on plans). HWG(stormwater peer review)has not
50 executed final sign off,Board may want to condition having that final letter in hand;the draft decision includes a
51 placeholder for that date.A draft decision has been prepared with a placeholder for the final stormwater review date.
52 The draft may need to be amended based on the discussion results for the three items that were deferred to the
53 Board.
54 Board: Discussed the three deferred items with the applicant's engineer.
55 E. Goldberg: Suggests conditioning the ability to accommodate trash and recycling for both front and rear of site.
56 With regard to pedestrian access,inquired as to how one would walk a child along Osgood St. and how they would
57 enter the building?
58 E.Poulin: Described two alternatives that could be pursued—add an entrance to the southwest corner of the building
59 at the end of the proposed sidewalk(adjacent to loading area)or extend the sidewalk to the rear of the site and
60 eventually connect to the residential main entrance area.
61 E. Goldberg: Due to weather conditions,prefers a protected internal entry to the building off Osgood St.
62 K.Kelly: Inquired whether the entry was via pass code or pass key?How would a middle schooler arriving home
63 from school enter the building?
64 Mark Yanowitz,AIA: Explained that adding the suggested entrance at the southwest corner is feasible.
65 E. Goldberg: Provided suggested condition language related to the proposed pedestrian access at the southwest
66 corner as well as a condition for protective bollards to be installed at the main residential entrance.
67 P.Boynton:We discussed vehicular barriers to the rear of the site and also the curb reveals being 6"was that
68 included on the plans?How was the left-hand turn out of the entrance resolved;expressed need for a separate left
69 turning lane.
70 E.Poulin:We have noted bollards and 6"reveals(Detail 1)on the plans.MassDOT is reviewing the plans;will
71 accept their recommendations.
72 Derek Roache,PE-Vanasse&Associates: Informed the Board that left turn lane concerns did not come up during
73 the peer review.
74 J. Enright: Looks backs for both lighting performance and traffic have been included as conditions in the draft
75 decision.
76 E. Goldberg: Suggested adding an accident data review;request crash data in the traffic review in the look back
77 condition.
78 P.Boynton: Questioned whether there was any consideration for a"frontage road"to allow people from this facility
79 to get to the nearest signal. It's an informational question,is there room or is it impractical?
80 D.Roache: Responded that MassDOT would have to approve that;has not heard of them doing a frontage road
81 before.
82 J. Simons:How did we handle screening rooftop utility units?
83 J. Enright:Units are conditioned be suitably screened,if not,they'll return for a Modification. Informed the Board
84 that an email was just received from the stormwater peer reviewer and the final sign-off letter is included(7:21
85 p.m.). The email was shared with the applicant and Board members. The memo will be added to the meeting packet
86 and now that it has been displayed it is considered part of the public hearing.
87 E. Goldberg: Stated that this is new information and that the Board can decide whether we need more time to review
88 it.
89 K.Kelly: Commented that the draft decision that was added recently to the meeting packet.
90 E. Goldberg: Most places don't post decisions. The decision is not considered part of the public hearing.
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Town of North Andover
PLANNING BOARD
ra
Eitan Goldberg, Chair '`' "''""°°""°"'°°'
Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday January 6, 2026 (a, 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
91 Board: Discussed the timing of receipt of the draft decision and final stormwater peer review letter and whether
92 continuing the hearing so that more time could be spent reviewing the documents was warranted.
93 E. Goldberg: Deferred to Board,but was content with moving forward to close the public hearing.
94 B.Vaughan:You could go with satisfying all HWG conditions and treat it as if this hadn't come in and you'd have
95 the assurance of the only item being the 90%TSS removal threshold.
96 P.Bo.n : Suggested that, at minimum,the applicant has to meet all the HWG review comments and that they
97 should be conditioned in the decision.
98 E. Goldberg: Suggested a 10-minute recess to review the HWG letter,which was received during the meeting. (7:49
99 PM)
100 Board reconvened: (8:02 PM)
101 E. Goldberg: HWG suggested four conditions:MassDOT approvals be obtained,CGP&SWPPP be provided at
102 least 14 days prior to land disturbance,a signed O&M Plan be submitted and signed Illicit Discharge Statement.
103 Confirmed all of these in contained in the decision. The open item,confirmation of 90%TSS removal,needs
104 confirmation and should be a condition of approval.
105 E.Poulin: Expressed high level of confidence those needs can be met. Explained that a new, 6 ft.x 215 ft. long,
106 white vinyl, solid stockade fence has been added to the rear of the property running the full back edge of the parking
107 field wrapping to the north side of the parking area and a one ft.high berm(total 7 ft.tall)was added to shield
108 headlights thrown backwards.
109 E. Goldberg: We added a 1-year post occupancy site lighting review for light spillover on site; also included traffic
110 review at that time;Board reviewed draft decision.
111 MOTION: J. Simons made a motion to close the public hearing for 1591 Osgood Street. S. Kevlahan seconded the
112 motion. The vote was 4-0,unanimous in favor.
113 MOTION: S.Kevlahan made a motion to approve the Site Plan Review, Corridor Development District and
114 Inclusionary Housing Special Permits,as amended.J. Simons seconded the motion. The vote was 4-0,unanimous in
115 favor. (K. Kelly abstained from voting)
116
117 DISCUSSION ITEMS
118 500 Great Pond Road,Boyd Holk,General Manager North Andover Country Club: Emergency Watershed
119 Special Permit under Article 4,Part 5, §195-4.21. Petitioner proposes removal of 31 upland trees on the property
120 which are within the high-water elevation of the Lake and the topping of large shrubs. The property is located
121 within the Residential 1 zoning district.
122 J. Enright: Provided an overview of the Emergency Permit bylaw and the required findings to be made by the Board
123 is they were to approve the permit. Provide a sequence of events since a TRC meeting was held in August of 2023,
124 when the concern of the lake level's impact on shoreline trees along the 9'fairway was first raised. Cautioned the
125 Board that if an Emergency Permit were to be awarded all work is required to be completed within 60 days. If a
126 third-party consultant for either stormwater impacts or an arborist to determine tree health the review could take
127 longer than 60 days. Also, an application for an NOI has been filed with the Conservation Commission and their
128 review could take more than 60 days as well. No work could begin until their approval is obtained.
129 NACC Gen.Manager,Boyd Holk: Three years ago,a large portion of our lakeside near the 9th fairway had more
130 than 150 trees under water;provided photos a couple years ago.Understands lake water table varies,there have been
131 droughts and floods.After the recent flood,Norse Engineering-Maureen Herald was hired to evaluate the trees to
132 inform us should a flood event reoccur,there are trees that we should consider removing now,that are either upland,
133 invasive or non-native.We are a membership club which relies on its members;we don't want a situation where we
134 have to address numerous dead trees along the lakeside that should have been removed because they are trees that
135 can't handle being submerged in water. Of the trees we are looking at, from our playground to our tennis courts
136 (approx.the length of one and a half football fields)31 trees are upland trees,not native to a wetland area.
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Town of North Andover
PLANNING BOARD
ra
Eitan Goldberg, Chair '`' "''""°°""°"'°°'
Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday January 6, 2026 (a, 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
137 According to our wetland scientist,they will not live long term if they are resubmerged. The months of January and
138 February are ideally the only months where it's feasible to have heavy vehicles on the grounds that won't damage
139 the grounds or the underlying irrigation system beyond repair. Snow cover and frozen ground is desirable for this
140 process to occur;not entertaining any stump removal.We have a unique window,if we don't meet it this,the
141 condition will continue into January/February of next year.
142 E. Goldberg: Do we have any information from an arborist in our application?
143 J. Enright:Not as part of the Planning Board's application.
144 E. Goldberg: Our bylaw is very specific stating that the Board,"may issue an emergency permit if it is necessary for
145 the protection of the quantity or quality of the water in,or entering Lake Cochichewick". Communicated that he
146 does not see anything before the Board that says this is necessary or urgent for protection of the lake.It's not an
147 emergency allowing us to cut down trees in the lake or bypass peer review and public hearings. Stated that the Board
148 has gone out of its way to inform residents not to remove trees in and on the lake shore and have punished them
149 financially for doing so.Appreciate your coming to us and asking in advance,however it doesn't meet the definition
150 of an emergency permit under our bylaw.You need compelling documentation from a wetland scientist.You will
151 need to go through the Conservation Commission;we cannot issue an emergency permit simply because it's best for
152 the golf course to accomplish this during this winter.
153 P.Boynton:Appreciates NACC for coming to the Board. Restated that there have been significant financial
154 consequences to residents who have removed trees without permission.We have several large institutional
155 landowners around the lake and it is our sole source of drinking water which we take very seriously. In 1986 we had
156 a significant problem that cost the town millions of dollars to address. Having gone through that experience,
157 reinforces the importance of protecting our resource and the vegetation along the shoreline for filtering stormwater
158 and preventing erosion.Your points made,could be valid,but given the importance of our drinking water we would
159 need assessments and peer reviews.Agreed with the Chair.As an institutional landowner we rely on NACC to help
160 us protect an asset that affects every resident in town.You are the neighbor of every resident in town because they
161 all drink the water. That is how important to us to have these processes in place,it is not just a bureaucratic
162 exercise.
163 S.Kevlahan: If a property owner on the lake has extensive flooding on their property who do they call?
164 J. Enright: In 2023 it occurred and Brooks School reached out to the DPW. They had several meetings;were under a
165 Special Permit with this Board and an NOI for improvements to their Boathouse.
166 P.Boynton: The purchase of 400 Great Pond Rd.was not intended to permanently raise the level of the lake.It was
167 intended that in the spring when there is high water to not have to prematurely drain it because of the hazardous
168 materials in the basement of that house,instead we could allow the natural level to go down and not be required to
169 prematurely drain it.
170 B.Holk: There remains increased risk for us to have flooding because of that.
171 P.Bo.n : There is that potential in the spring.This could benefit the lake,but we cannot bypass the peer review
172 process;it would be irresponsible.It's not that we don't respect the work you have done.You took 2-3 years to
173 carefully prepare your work through your process.We require more than one meeting to reflect on it and our
174 timeline would be substantially faster than yours.
175 K.Kelly:Who owns the lake bed,below the low water mark?
176 J. Enright: Believes the town owns the lake bed.
177 B.Holk:NACC owns the club property;celebrating 129th year.Provided a brief history of the club(North Andover
178 Bicycle&Boat Club)which originated on the opposite side of the lake. The land on the opposite side was owned by
179 the Stevens family. The Stevens family represented 4 of NACC's first 10 presidents of the club. They built a golf
180 course in our current location in 1899 and kept taking boats over so often they decided to move the clubhouse to the
181 current site;in 1920 they hired Donald Ross, famed golf course designer,to redesign the course.
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Town of North Andover
PLANNING BOARD
ra
Eitan Goldberg, Chair '`' "''""°°""°"'°°'
Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday January 6, 2026 (a, 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
182 P.Boynton: Expressed concern for plastic golf balls in the lake.Personally removed over 500 balls from the lake
183 and estimates there are at minimum 500-1,000 balls remaining. That plastic is degrading into the water over a long
184 period of time;has even recovered historic golf balls.Would appreciate the help of the country club with eliminating
185 the balls in the lake.
186 J. Enright: There may be a timing issue in that Conservation cannot take an application until NACC files for all
187 necessary permits. Vegetation removal within 100 feet of the lake requires a Watershed Special Permit;there's a
188 process requiring time to advertise,notice all abutters, schedule the public hearing,etc.
189 MOTION:P.Boynton made a motion to Deny the request for an Emergency Watershed Special Permit for 500
190 Great Pond Road. S.Kevlahan seconded the motion. The vote was 5-0,unanimous in favor.
191
192 POTENTIAL MAY 12,2026 ANNUAL TOWN MEETING ZONING BYLAW AMENDMENTS:
193 • Accessory Dwelling Units draft bylaw and update to Ch. 195 Attachment 2 Table 1 Summary of Use
194 Regulations
195 • Limited Site Plan Review draft bylaw
196 J. Enright: There are two Planning Board sponsored amendments which are being altered in response to the AGO's
197 letter presented at the 10/7/25 meeting.The letter,requiring minor housekeeping edits,struck language related to
198 any pre-existing non-conforming structures. Previous language could require issuance of a special permit by the
199 ZBA.We are proposing new language that would only require a `finding'by the ZBA,rather than a special
200 permit. It requires Limited Site Plan Review for all proposed ADU's on lots that contain a pre-existing/non-
201 conforming structure. Town Counsel has reviewed both of the proposed amendments and has approved of them as
202 written.
203
204 Planning Board Annual Town Meeting calendar
205 J. Enright: Presented the time table the legal notice would be printed(2/9 and 2/18/26)for the zoning bylaw
206 amendment public hearing to open on 2/24/2026. Two additional public hearings on 3/3 and 3/17 are scheduled; it's
207 anticipated the Board's recommendations would be made at the 3/17/26 scheduled meeting.Thus far,these are the
208 only proposed bylaw amendments.
209
210 MEETING MINUTES: Approval of the December 2,2025 meeting minutes.
211 MOTION:P.Boynton made a motion to accept the minutes for December 2,2025. J. Simons seconded the motion.
212 The vote was 5-0,unanimous in favor.
213
214 P.Boynton: Inquired where the Board stood with regard to mitigation with Amazon?
215 E. Goldberg: A small group meeting format with the Town Manager and Board is being scheduled;will report
216 back.
217
218 MEETING ADJOURNMENT:
219 MOTION:P.Boynton made a motion to adjourn the meeting.The motion was seconded by S. Kevlahan. Meeting
220 adjourned g 8:50 p.m. The vote was 5-0,unanimous in favor.
221
222 MEETING MATERIALS: Planning Board Meeting Agenda January 6,2026,DRAFT Planning Board Meeting
223 Minutes December 2,2025; Staff Report:260106 Staff Report;492 Sutton Street,Homegrown Lacrosse,LLC:
224 Eng Cert Letter—As-Built: 2025.12.1 0-HGL-Substantial Compliance Letter-signed,Recorded SPR Decision,
225 Recorded WSP Decision; 318 Salem Street,Jaime-Lyn Pickles: 318 Salem Street AS-Built 11-29-25 SIGNED,
226 Engineering Certification Letter,Recorded Decision; 1591 OsIlood Street,Sinph Realty Group LLC: Civil Peer
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Town of North Andover
PLANNING BOARD
ra
Eitan Goldberg, Chair '`' "''""°°""°"'°°'
Sean Kevlahan
John Simons Kate Kelly
Peter Boynton
Tuesday January 6, 2026 (a, 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
227 Review: Resp to 2nd Hancock Review Letter:251229 Response Letter 2—Hancock Associates,251231 Rev
228 Drainage Report,251231 Rev Plan Set,251216_2.d Hancock Peer Review Letter—Civil,260105— 1591 Osgood St-
229 Final peer review-signed,Department Review: 251217 DWP Water—Sewer Comment,251217 NAFD Comment,
230 260105 NAFD Final Comment,Rev Plan Set: 250930 Elevations—Architectural Plans,251231 Rev Plan Set,
231 Stormwater Peer Review: Resp to 2nd HW Review Letter: 251229 Response Letter 2—Horsley Witten Group,
232 251231 Drainage Report,251231 Rev Plan Set,251210_2nd_260106_Final SWPeer
233 Review_1591_OsgoodStreetSWPeerReview_1591_OsgoodStreet, Traffic Peer Review:251224 VAI Resp to 1st
234 Peer Review Letter,260106 SPR,IZ,CDD3 SP 1591 Osgood—draft decision;243 Great Pond Road,Steve
235 Boyko: Rev Plan: 251219 243 Great pond Road—SITE PLAN, Stormwater Peer Review: Resp to 2nd Peer Review:
236 251219 243 Great Pond Road—SITE PLAN,251219 243 Great Pond Road—Stormwater Report,
237 251212_HW_2nd_SWPeerReview_243 Great Pond Road,251222_HW_3rd_SWPeerReview_243 Great Pond Road,
238 250106 243 Great Pond Road WSP—draft,250106 Rev 243 Great Pond Road WSP-kk draft; 500 Great Pond
239 Road,Boyd Hall,General Manager North Andover Country Club: 09.2025 Images: Sept. 2025 Aerial Images,
240 12.31.2025 images:play area,trees along 9th fairway 2,Trees along 9th fairway,Emergency WSP Permit
241 Application: 3.12.2025 Emergency WSP Site Plan 500 Great Pond Rd Tree Removal, 500 Great Pond Watershed SP
242 Application;POTENTIAL MAY 12,2026 ANNUAL TOWN MEETING ZONING BYLAW
243 AMENDMENTS: ADU Bylaw:251124_DRAFT ADU bylaw amendment,LSPR Bylaw: 251124_Draft LSPR—
244 Pre-existing non-conforming structures; Planning Board Annual Town Meeting calendar:ATM May 12,2026
245 Zoning Amendment Calendar—Draft.
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