HomeMy WebLinkAbout2026-03-17 Planning Board Minutes Eitan Goldberg, Chair
TOWN OF NORTH ANDOVER John Simons
PLANNING BOARD Peter BoyntonSean Kevlahan
Kate Kelly
Tuesday March 17, 2026 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:None
3 Staff Present: J. Enright
4
5 E. Goldberg, Chairman: The Planning Board meeting for March 17,2026,was called to order at 7 p.m.
6
7 ANR PLAN
8 169 Chestnut Street,Jack Cahill: Applicant proposed to subdivide the lot into four buildable lots.
9 J. Enri The applicant previously applied for and was approved to subdivide the lot in December 2022 and
10 September 2025,but those plans were never recorded. The current proposal is to subdivide the lot into 4 buildable
11 lots,each meeting the requirements for frontage, area,and access.
12 J. Simons: Questioned if there are any changes from previous applications.
13 J. Enright: There is a slight change to the lot lines from 2022.
14 MOTION: A motion to direct the Planning Director to sign the Form A for 169 Chestnut Street was made by J.
15 Simons and seconded by S.Kevlahan. The vote was 5-0 in favor.
16
17 BOND RELEASE
18 Lydia Lane(166,170, 180 Salem Street),Jack Cahill: Request for release of a Site Opening Bond and
19 Performance Bond associated with a 3-lot Definitive Subdivision Plan known as Lydia Lane.
20 J. Enri This 3-lot subdivision was approved in 2009.A relocated home on Lot 3A in 2023 completed the
21 buildout.An as-built plan and engineer certification letter are in the meeting packet.
22 Board: The board had no questions or comments.
23 MOTION: A motion to approve the bond release for Lydia Lane was made by S.Kevlahan and seconded by J.
24 Simons. The vote was 5-0 in favor.
25
26 DISCUSSION ITEM: Clean Energy Siting and Permitting Requirements
27 J. Enright:Andrew Shapiro will present on the 2024 Climate Act, signed by Governor Healey in November 2024,
28 which overhauls the state's infrastructure approach to meet its 2050 net-zero emissions goal.
29 A. Shapiro: Clean energy infrastructure projects are categorized by size. Small projects,including solar,battery
30 storage, and wind facilities,are permitted locally under the new"Consolidated Local Permit"and a 12-month
31 decision deadline. These small projects have two state tiers: Tier 1 (residential/small scale)is typically permitted
32 By-Right,while Tier 2 and 3 (medium to large small projects)require Site Plan Review or a Special Permit. Large
33 projects fall under the state's Energy Facilities Siting Board,exempting them from local zoning.
34 E. Goldberg: Questioned if our current solar by-laws will need to change.
35 A. Shapiro:We must review and potentially adjust our solar by-laws,particularly addressing the current 12-month
36 permitting timeline. The new regulation mandates local approval within 12 months,or the project is automatically
37 approved—a situation we need to prevent.
38 The 2024 Climate Act mandates a"Regulatory"model for project approval,replacing North Andover's current
39 Zoning Bylaw,which permits denial based on broad local preferences.We currently define Solar Energy Systems
40 and Wind Facilities,but lack a specific definition for Battery Energy Storage Systems(BESS),which are currently
41 treated as accessory or unspecified industrial uses. This uncertainty must be addressed to comply with the new state
42 mandate for tiered,predictable allowance.Permitting,under M.G.L. c.40A,often takes over 12 months due to
43 multi-board review.Appeals will shift from Superior/Land Court to the Energy Facilities Siting Board(EFSB).
44 Effective October 1,2026,municipalities must offer an optional,expedited permitting process with a consolidated
45 application and a 12-month deadline for a final, single decision. This process will be overseen by a Local
46 Government Representative(the Chief Administrative Officer or designee).
1
Eitan Goldberg, Chair
TOWN OF NORTH ANDOVER John Simons
PLANNING BOARD Peter BoyntonSean Kevlahan
Kate Kelly
Tuesday March 17, 2026 A,7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
47 P.Boynton: Concerns were voiced regarding potential fire department regulations or issues related to the battery
48 storage units.
49 A. Shapiro: The 12-month review deadline begins upon filing of a complete application.A municipal official review
50 the common application; applicants have 30 days to refile if incomplete. Cities and towns have 12 months to review
51 and issue a single permit. Failure to meet the deadline results in constructive approval and the consolidated permit is
52 granted.
53 E. Goldberg: Questioned what the next step is.
54 A. Shapiro: Designating a person to manage and guide applicants through the 12-month permitting process. This
55 person will intake common applications and assist with the necessary steps. In addition,the Planning Department
56 will revise local by-laws to align with the new citing and permitting requirements.
57 K.Kelp A question was raised regarding the process should an application be received before the bylaws are
58 officially changed.
59 J. Enright:As of October 1,2026 the law is effective,so we will have to comply with M.G.L.
60 A. Shapiro: The "turnkey"regulations supersede local procedures.Municipalities must adjust bylaws or workflows
61 to comply.DOER will release guidance for local implementation support. Municipalities still make the final
62 decision, impose reasonable conditions,apply zoning and land use standards,and evaluate environmental, safety and
63 EJ impacts.They must offer the consolidated process,follow the regulatory structure,meet the 12-month deadline,
64 and avoid de facto bans or unreasonable barriers.
65
66 NEW PUBLIC HEARING
67 200 Bridle Path,Ryan and Alyssa Heffernan: Application for a Watershed Special Permit under Article 4 Part 5
68 Ch. 195-4.19.C.(2).(f) and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize additions to an existing
69 single-family dwelling to accommodate an accessory dwelling unit, including minor driveway expansion and site
70 improvements. The proposed work is located within the Non-Disturbance Zone of the Watershed Protection District.
71 The property is located in the Residential 1 zoning district.
72 J. Enri A Notice of Intent was filed with the Conservation Commission and the public hearing opened on March
73 11. The house was constructed in 1978 prior to the local wetland regulations.Portions of the house are within the 50'
74 No Build Zone (NBZ), rear porch, deck and patio are within the 25' No Disturb Zone (NDZ). The 13' x 24' front
75 addition will expand the existing first-floor garage and add living space for the ADU above.The rear addition includes
76 a new second-story porch and enclosed stairs for the ADU access.Located 18'6"from the wetland,over existing lawn
77 and crushed stone,this 8'x 25'addition requires a Conservation Commission waiver for work in the NBZ and NDZ.
78 The application also proposes converting an existing rear 3-season porch to a 4-season structure on columns with
79 crushed stone below,and replacing a deteriorated deck and patio within their existing footprint.All these elements are
80 within the 50' and 25'zones. The proposed front addition consists of a driveway expansion,repaving,construction of
81 an infiltration trench, and relocation of the front walkway. The Conservation Administrator confirmed the accuracy
82 of the wetland delineation. Stormwater peer review is complete; a condition requires test pits before construction to
83 confirm the groundwater elevation within the stone trench footprint.This will ensure the trench can store the calculated
84 volume and function as intended. It is suggested that the Board confirm that the homeowners understand the trench's
85 purpose and the necessity of routine maintenance for long-term functionality. The application does include a long-
86 term inspection and maintenance notes to the Crushed Stone Recharge Trench detail for the benefit of the homeowners.
87 Board: A decision will not be made tonight,as we need to wait for the Conservation Commission's ruling to ensure
88 the plans do not undergo significant modifications. The applicants were advised to provide only a brief overview
89 and to refrain from delving into excessive detail in anticipation of potential plan changes.
90 Dennis Greicci: The Conservation Commission will continue its discussion and decision about 200 Bridle Path at
91 the next meeting on April 8,2026.The Commission previously voiced concerns regarding some minor plan
92 modifications, including the relocation of the construction entrance to prevent it from crossing the infiltration trench,
93 thereby mitigating worries about compaction.Additionally,the need for mitigation planting to support the wetlands
2
Eitan Goldberg, Chair
TOWN OF NORTH ANDOVER John Simons
PLANNING BOARD Peter BoyntonSean Kevlahan
Kate Kelly
Tuesday March 17, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
94 was also raised. Helical piles,which cause very minimal disturbance to the land,will be used to support the
95 proposed second-story rear porch and staircase.
96 J. Enri The Conservation Commission's next meeting is scheduled for Wednesday,April 8,2026.The Planning
97 Board is advised to continue this discussion at the meeting scheduled for Tuesday,April 28,2026.
98 Board: The applicant was directed that, should they receive approval from the Conservation Commission,the plans
99 should be forwarded to Jean as soon as possible and that changes may require peer review. This would allow for a
100 possible decision at the April 28th Planning Board meeting.
101
102 Annual Town Meeting Zoning Bylaw Amendment Articles:
103 • Accessory Dwelling Unit and update to Ch. 195 Attachment 2 Table 1 Summary of Use Regulations
104 • Limited Site Plan Review draft b.
105 J. Enright: The proposed amendments address the AGO's decision letter regarding last year's bylaw amendments,
106 including minor housekeeping edits and revisions to pre-existing non-conforming structures. To comply with the
107 AGO's disapproval of our previous special permit requirement, I have proposed language requiring only a ZBA
108 "finding."Additionally,the amendment mandates a Limited Site Plan Review for all ADUs on lots with pre-existing
109 non-conforming structures. Town Counsel reviewed and approved of both proposed amendments. I discussed the
110 revisions with Nicole Caprioli from AGO's Municipal Law Unit. She indicated that requiring a`finding' for lots with
111 pre-existing non-conforming structures is ok;however,the ZBA cannot deny the ADU. She alerted me to the AGO
112 decision regarding Mashpee's November 2025 Town Meeting, in which language previously approved in our May
113 2025 bylaw amendment was denied in Mashpee's proposed ADU bylaw.The basis for their denial is located on pages
114 9 and 10 in the Mashpee decision in the meeting packet.
115 Board:No questions or comments from the board and from the public.A minor edit was recommended,which would
116 make the spelling of`nonconformance',which will make the two bylaws consistent.
117 MOTION: A motion to recommend favorable action on the ADU bylaw as amended was made by J. Simons and
118 seconded by S.Kevlahan. The vote was 5-0,in favor.
119 MOTION: A motion to recommend favorable action on the Limited Site Plan Review bylaw as amended was made
120 by J. Simons and seconded by S.Kevlahan. The vote was 5-0,in favor.
121
122 DISCUSSION ITEM
123 Stonecleave Estates,Peter Termini on behalf of Barbara Adams: Request for an Insubstantial Change to the
124 approved November 4,2025 Planned Residential Development Special Permit to authorize the elimination of the
125 water line extension and new fire hydrant located on Stonecleave Road with a condition that the new homes will all
126 have sprinkler systems installed.
127 J. Enri hit:While the proposal suggests using sprinkler systems as an alternative,the current site plans lack potable
128 water provisions,well locations,and well designs. If the Board is supportive of the request,approval of amended
129 site plans should be required before the building permit issuance.
130 Board: The board felt that this situation put them in a difficult position. They concluded that they could not classify
131 the change as insubstantial if the resulting approved plan lacked a water source.
132 Peter Termini: The developer has withdrawn from the project after determining that the plan was not economically
133 viable. Peter stated that to make the property more financially viable,he may need to consider a redesign, such as
134 reducing the number of lots from three to two. He has already discussed with a builder the cost of installing a line
135 for two fire hydrants and water service to the dwellings,indicating a desire to move the project toward viability.
136 Board: The Board stated they had no objection to the use of wells for sprinklers as opposed to a water line with
137 hydrants.
3
Eitan Goldberg, Chair
TOWN OF NORTH ANDOVER John Simons
PLANNING BOARD Peter BoyntonSean Kevlahan
Kate Kelly
Tuesday March 17, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
138 Peter Termini: The plans as they are now are not financially feasible so there will be future changes dependent on
139 the new developer. He commented that the flexibility of choosing between sprinklers and a hydrant would be
140 beneficial for the proj ect's continuation with a new developer.
141 Board: We cannot vote this as an insubstantial change. Peter Termini was advised to return with a modification
142 incorporating the new developer's final plans.
143 MOTION: A motion to take unfavorable action as to an insubstantial change was made by J. Simons and seconded
144 by S.Kevlahan. The vote was 5-0 in favor.
145
146 Carol Disney,Save North Andover Wildlife: Discuss two Citizen Petition warrant articles related to banning
147 Rodenticides.
148 J. Enright: Carol Disney,of Save North Andover Wildlife,is working to reduce the use of second-generation
149 anticoagulant rodenticides(rat poison)and educate the public on alternatives. She plans to present two citizen
150 petition warrants at Town Meeting, and the Town Manager advised her to meet with the Planning Board beforehand.
151 Board: Explained that this is not something that the Board regulates.
152 E. Goldberg: Advised that it would be helpful to know the current cost of rodent treatments paid by the Town and
153 the projected cost of alternative options if these rodenticides were banned. Having this information available would
154 be beneficial in addressing potential inquiries at the Town Meeting.
155 Carol Disney:Alternatives to use of rodenticides for rodent control involve implementing effective rodent-proofing
156 measures for homes and businesses. These preventative steps include sealing holes and small entry points, securely
157 containing trash,utilizing less harmful poisons that are comparable in price to conventional rodenticides,and using
158 electric traps,thereby reducing risk to natural predators. The current rodenticide model is widely used by pest
159 control companies,marketed for its effectiveness and ease of long-term maintenance.
160 E. Goldberg: Does the Town use external services for rodent control,or is it handled internally?
161 Carol Disney: The town utilizes the pest control company Al, and Al does not use rodenticides(ESCARS).
162
163 11 Marbleridge Road,Brig Leland: Request for an Insubstantial Change to the approved October 7,2025
164 Limited Site Plan Review permit.Applicant proposes to amend the approved parking plan showing 35 parking
165 spaces to allow for 68 spaces.
166 J. Enright: The proposed plan includes increasing parking to 68 spaces total and identifies two access points on
167 Great Pond Road. One access point is a Private Drive serving three homes,restricted by a Common Drive
168 Restriction and Driveway Easement,which has been amended at least twice. The meeting packet includes the
169 approved and proposed parking plans,along with the 2nd amended easement document.
170 The Conservation Administrator confirmed the proposed parking is outside the 200' Riverfront. The Fire
171 Department approved the interior parking proposal. NAFD had a follow up conversation with the applicant about
172 the proposed parking on the Private Drive. The applicant explained that given the 2nd amended easement he no
173 longer proposes to provide overflow parking on the Private Drive. The applicant did explain that he intended to use
174 the Private Drive for access and egress to the parking field.
175 Board: Questioned what was prompting the requested change that almost doubles the parking spaces and why it
176 would be considered insubstantial.Also,whether the Common Driveway Easement allows for access and egress to
177 the field parking.
178 Brig Leland: Although originally approved for 35 parking spaces,this number is insufficient given our occupancy of
179 88.We frequently host large events,necessitating a greater number of car spaces. Reminder the Board of
180 discussions during the original permitting regarding the parking spaces and layout.
181 J. Simons: The increase from 35 to 68 parking spaces is a substantial change,not an insubstantial one,and it requires
182 readvertisement. Explained that he is uncomfortable approving this because the abutters are not being officially
183 notified of this significant alteration.
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Eitan Goldberg, Chair
TOWN OF NORTH ANDOVER John Simons
PLANNING BOARD Peter BoyntonSean Kevlahan
Kate Kelly
Tuesday March 17, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
184 MOTION: A motion to deem that the proposal of 11 Marbleridge Road is not insubstantial was made by J. Simons
185 and seconded by S.Kevlahan. The vote was 5-0,in favor.
186
187 Planning Board Report:
188 •Article 3:Authorization to accept grants of easements
189 •Article 4:Authorization to grant easements
190 •Article X: Report of the Community Preservation Committee—appropriation from Community
191 Preservation Fund
192 J. Enright: Only Articles 3,4,and the CPC article require Board recommendations. The full report will be
193 summarized for the Warrant;both versions are in the meeting packet.
194 MOTION: A motion to recommend favorable action on Article 3:Authorization to accept grants of easements and
195 Article 4:Authorization to grant easements was made by S.Kevlahan and seconded by P.Boynton. The vote was
196 5-0,in favor.
197 J. Simons: Provided an overview of the Community Preservation Committee funding recommendations.
198 MOTION: A motion to recommend favorable action for Article 3,Article 4,and CPC was made by S.Kevlahan
199 and seconded by P.Boynton. The vote was 5-0,in favor.
200
201 CORRESPONDANCE: RE: 500 Great Pond Road request for emergency special permit for tree removal was
202 acknowledged.
203
204 MEETING MINUTES: February 3,2026 meeting minutes.
205 MOTION: P.Boynton made a motion to approve the meeting minutes for February 3,2025.J. Simons seconded the
206 motion. The vote was 5-0,unanimous in favor.
207
208 MEETING ADJOURNMENT:
209 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by S.Kevlahan.Meeting
210 adjourned g 8:45 p.m. The vote was 5-0,unanimous in favor.
211
212 MEETING MATERIALS: Planning Board Meeting Agenda March 17,2026,DRAFT Planning Board Meeting
213 Minutes; Staff Report: 260317 Staff Report;ANR PLAN: 169 Chestnut: 2025-12-8_ANR PLAN,ANR
214 Application,Resident Comment: 260316 Perrone Comment Letter,;BOND RELEASE: Lydia Lane: 150715
215 Roadway As-Built Plan,20090316 Def Subdivision Decision,Lot 3A as-built plan,Lot 3A Engineer Certification
216 Letter;Discussion Item: Clean Energy Facility Siting and Permitting Requirements: Clean Energy Siting and
217 Permitting Presentation;New Public Hearing: 200 Bridle Path: Department Review:260212 Conservation
218 Comment,250212 NAPD Comment, and 260218 DPW Water-Sewer Comment. Rev Plan Set: Site Plan Bridle
219 Path_260303, Stormwater Peer Review: 260203_response to 1 st HW_SWpeer review, Site Plan_Bridle
220 Path 260303,260227_1 stHW_SWPeerReview_200BridalPath, 260306_2nd_SWPeerReview_200BridalPath,WSP
221 Application: Alternative Analysis-ADU Rear-Stair Letter,Compiled WS Special Permit_application-200 Bridle
222 Path,Compiled WS Special Permit_support documents_200 Bridle Path,Elevation, Site Plan—Bridle Path;Annual
223 Town MeetingZoningBBylaw Amendments:Accessory Dwelling Units: 251104 Mashpee AGO Decision PG 9-
224 10,260317_DRAFT ADU bylaw amendment; SPR-Pre-existing non-conforming structures: 260107_Draft LSPR-
225 Pre-existing non-conforming structures; Stonecleave Estates: Time Stamped Decision, Request for Insub Change:
226 Letter of Authorization, Stonecleave CHANGE WATER,Department Review: 260311 DPW Water Comment,
227 260316 NAFD Comment; Carol Disney,Save North Andover Wildlife: Bylaw Petition Form,FAQ(2),Fund
228 Disbursement Request Form_Blank,IPM Pyramid 3.26.2025 (1)(1)(1)(2),NA Board Presentations, SGAR-Use
229 (3)(4),Testimony_Zachary Mertz,New England Wildlife Center Dec. 2021 (1); 11 Marbleridge Road: Recorded
5
Eitan Goldberg, Chair
TOWN OF NORTH ANDOVER John Simons
PLANNING BOARD Peter BoyntonSean Kevlahan
Kate Kelly
Tuesday March 17, 2026 (&=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
230 Decision, Common Driveway Restriction&Driveway Easement: 2nd Amendment to the Easement,Town Counsel
231 Opinion,Department Review: 260311 Conservation Comment,260311 NAFD Comment,260316 NAFD Comment
232 2,Request for Insubstantial Change: Approved Parking Plan by Planning Board October 2025,Marble Ridge
233 Winery-Request for Updated Parking Plan to Planning Board March 2026,Updated Parking Plan for Planning
234 Board March 2026; Planning Board Report: 2026 DRAFT Planning Board Report in Warrant,260311 Legal
235 Opinion RE citizen petition articles,260317 Draft Planning Board Report,Town Charter Section 2-9-1;
236 Correspondence: 260129 NAPlanBrdCntryClbTreeRemov; Meeting Minutes: Draft February 3,2026 minutes.
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