HomeMy WebLinkAbout2026-04-07 Planning Board Minutes Eitan Goldberg, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER
Peter Boynton
PLANNING BOARD Sean Kevlahan
8
Kate Kelly
Tuesday April 7, 2026 (a=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(remote)
4
5 E. Goldberg, Chairman: The Planning Board meeting for April 7,2026,was called to order at 7 p.m.
6
7 CONTINUED PUBLIC HEARING
8 200 Bridle Path,Ryan and Alyssa Heffernan:Continued until April 28,2026.Application for a Watershed Special
9 Permit under Article 4 Part 5 Ch. 195-4.19.C.(2).(f)and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize
10 additions to an existing single-family dwelling to accommodate an accessory dwelling unit,including minor driveway
11 expansion and site improvements. The proposed work is located within the Non-Disturbance Zone of the Watershed
12 Protection District. The property is located in the Residential 1 Zoning District.
13 MOTION: S.Kevlahan made a motion to continue the hearing of 200 Bridle Path until April 28,2026. The motion
14 was seconded by J. Simons. The vote was 5-0,unanimous in favor.
15
16 NEW PUBLIC HEARING
17 44-46 Baldwin Street: David Webster,Johanna Webster,&Joseph Cambria: Application for a Detached
18 Accessory Dwelling Unit(ADU)permit under Article 8 Supplementary Regulations Part 3 Site Plan Review and
19 Part 14 Accessory Dwelling Unit of the Zoning Bylaw to authorize construction of a detached ADU. The property is
20 located in the Residential 4 Zoning District.
21 J. Enright: The applicant did not supply a floor plan for the existing primary dwelling's Gross Floor Area(GFA),
22 which the Property Card indicates it is approximately 4,224 SF. The bylaw definition for GFA is included in the
23 meeting packet. The Zoning Enforcement Officer confirmed the application is subject to MGL Ch. 40A Section 3.
24 The applicant received a 9.9-foot side setback variance from the ZBA in January 2026.Department Reviews:
25 Conservation,NAPD,and NAFD had no concerns. DPW Water/Sewer requested utility connections be shown on
26 the plan. The Building Department cautioned that the basement cannot be finished later and must have a ceiling
27 height under 72 inches to prevent use as habitable space per code.
28 E. Goldberg: Are we moving forward under the Limited Site Plan Review?
29 J. Enright: Correct.And article 14,which is the ADU bylaw itself.
30 E. Goldberg: Confirmed that with the approved variance the proposal meets all setback requirements.
31 David Webster: Explained that he owns the property at 44-46 Baldwin,though he resides at 707 Waverly Road. The
32 property was purchased in 2013 with the intention of having his parents one of the multifamily units. However,as
33 time passed,the three-story nature of the multifamily unit has made it difficult for my mother due to her reduced
34 mobility.Therefore,the ADU is being proposed to address her mobility concerns,as it would be a single-story
35 residence,and to provide for potential future needs for medical assistance.
36 David Webster: Parking requirements for both the primary dwelling and ADU are satisfied. The ADU will share the
37 same curb cut for the existing driveway.
38 S.Kevlahan: Questioned how the utilities be run to the ADU.
39 David Webster: Explained that the water,sewer,electric,and all other utilities for the ADU will be tied to the
40 existing multifamily utilities and will all be run underground.
41 E. Goldberg: Barbara King, an abutter at 46 Marblehead Street, submitted one comment opposing the ADU and
42 expressing concern that it would be too close to her property and exacerbate the area's existing congestion.
43 David Webster: Her property stretches from Marblehead Street to Baldwin Street.Her residence is located on
44 Marblehead Street,and the remaining portion of her property,which is next to the proposed ADU location,is
45 currently vacant. Therefore,her house is approximately 700 feet from the proposed ADU. Provide a description of
46 land across Baldwin Street and the abutting land adjacent to the primary dwelling.
1
Eitan Goldberg, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER
Peter Boynton
PLANNING BOARD Sean Kevlahan
8
Kate Kelly
Tuesday April 7, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
47 Board: Based on the Limited Site Plan Review bylaw,our regulatory authority here is very restricted. The ADU
48 does adhere to the setbacks and the square footage requirements, it has proper utilities,and aligns with the
49 underlying goal of the state's ADU legislation.While the area is congested,accommodating this ADU should not
50 pose a problem.
51 K.Kelp Questioned whether the proposed patio,garage,and front porch all part of this ADU project.
52 David Webster: Yes.
53 MOTION: S.Kevlahan made a motion to close the hearing of 44-46 Baldwin Street. The motion was seconded by
54 J. Simons. The vote was 5-0,unanimous in favor.
55 Board: Reviewed the draft decision.
56 S.Kevlahan: Suggested adding the date the variance was granted by the ZBA.
57 Board: Sean proposed an amendment to include the date the variance was granted. Discussion as to whether `not
58 applicable'was a suitable response to the ability to reasonably regulate sustainability and resiliency principles.
59 MOTION: S.Kevlahan made a motion to approve the Limited Site Plan Permit for the ADU at 44-46 Baldwin
60 Street. The motion was seconded by J. Simons. The vote was 5-0,unanimous in favor.
61
62 203 Turnpike Street,Andrew Keller,AC Development,LLC: Application for Special Permit Modification—Site
63 Plan Review under Article 8,Part 3 Section 195-8.17 Revisions to Approved Site Plans,Article 10 Section 195-10.7
64 Special Permits of the North Andover Zoning Bylaw and MGL c. 40A, Sec 9. The Petitioner proposes installation
65 of approximately 10,000 SF of PV panels atop of approximately 12,000 SF of carport roof area. The project is
66 located within the Business 4 Zoning District.
67 J. Enri hg_t: In July 1994,a Site Plan Review special permit was granted for a 18,583 SF four-story addition to the
68 existing structure. The 5.31-acre site,improved with NA Medical Park(two four-story brick buildings housing
69 medical businesses),is bounded by Andover Street,Turnpike Street,and wetlands to the south and west. The
70 Conservation Administrator confirmed no Notice of Intent is required. The site has parking and access on both sides,
71 with most parking in the rear. The project proposes three solar carports. Since the solar panels are a rooftop solar
72 energy system,they are allowed by-right.New electric utility lines will connect to an existing pole with a new
73 mounted transformer,in coordination with National Grid.The carports and solar system will maintain existing
74 access,parking,and stormwater management.
75 The stormwater management system uses catch basins with deep sumps and hooded outlets to collect runoff,
76 providing water quality treatment and maintaining existing peak flow where practical.An Operation and
77 Maintenance Plan details system components,inspection/maintenance tasks,and a schedule for long-term
78 performance.A Long-Term Pollution Prevention Plan prevents illicit discharges. Stormwater peer review is
79 underway;the first review letter has been addressed,and final signoff is pending. Conservation and NAPD
80 confirmed no concern. One support column is at the edge of the sewer easement.DPW Water/Sewer requested it be
81 moved several feet outside the easement for better sewer access.
82 J. Simons: Questioned what the current condition of the parking lot is and whether if the proposed carports are
83 installed,will future repaving of the parking lot still be possible.
84 Jonathan Ralphs,Project Engineer: While the parking lot will require repaving in the future,that work is not
85 included in the current scope of the proposed project,which is solely the installation of carports with solar panels.
86 Two future options for repaving the parking lot are mill and overlay or full depth pavement. These can be done with
87 installation of carports.
88 J. Simons: Requested the width of the drive aisles around the carports be added to the plans.
89 S.Kevlahan: Questioned the purpose of the solar-paneled carports-collecting energy to return to the main buildings
90 or to the grid.
91 Jonathan Ralphs: The energy collected will go to the grid. The solar will go to an inverter.We have to convert that
92 to AC(alternating current)before it connects to the existing utility pole.
2
Eitan Goldberg, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER
Peter Boynton
PLANNING BOARD Sean Kevlahan
8
Kate Kelly
Tuesday April 7, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
93 S.Kevlahan: Questioned whether conduits will be run between each carport.
94 Jonathan Ralphs:Yes,the conduits will run down the carport columns,connecting to each carport,and then the
95 utility pole and transformer via underground lines.
96 K.Kelp What is the proj ect's purpose, and is there a demand for it from current tenants?
97 Jonathan Ralphs: This is a positive green initiative that offers advantages to all parties. They will receive incentives
98 and benefit from lower costs by generating electricity on-site.
99 J. Simons: Requested an example of what the carports will look like.
100 K.Kelp Questioned the lifespan of the carports.
101 Jonathan Ralphs: The lifespan remains undetermined as the necessary material types have yet to be finalized. I will
102 be able to answer your questions once those details are complete.
103 S.Kevlahan: Why not simply install solar panels on the roofs of the primary existing buildings?
104 Jonathan Ralphs: That wasn't one of the options on the developmental proposal.
105 Board: For the next meeting we request the responses to the Horsley Whitten items,the measurements for the drive
106 aisles and the widths surrounding the carports,response to the NAFD comments, and example photographs from
107 previous projects you've done to show what these proposed carports might look like. This will be continued at the
108 next Planning Board Meeting on April 28,2026.
109
110 Annual Town Meeting Zoning Bylaw Amendment Articles:
111 • Accessory Dwelling Unit and update to Ch. 195 Attachment 2 Table 1 Summary of Use Regulations
112 • Site Plan Review
113 J. Enri Favorable recommendations were made at the last meeting. The bylaws have been submitted to the
114 Manager's Office for inclusion in the Warrant.
115 Board: This will be continued at the next Planning Board Meeting on April 28,2026.
116
117 DISCUSSION ITEM
118 Cypress Terrace,Steve Foster Facilities Director and School District: In accordance with Article 8,Part 3 Site
119 Plan Review, Section 195-8.11.D,the North Andover School District is requesting a Waiver of Limited Site Plan
120 Review to allow for the relocation of a 3,700 SF modular classroom building from Kittredge School to the Franklin
121 School and demolition of two existing temporary classroom structures.
122 J. Enright: The proposed relocated module addition is roughly equal in size to the combined area of the current area
123 of the current and previously demolished units. The bylaw waiver provision is as follows: Waiver of site plan
124 review. (1)When,in the opinion of the Planning Board,the alteration or reconstruction of an existing structure or
125 new use or change in use will not have a significant impact both within the site and in relation to adjacent properties
126 and streets,on pedestrian and vehicular traffic,public services and infrastructure, environmental,unique and historic
127 resources,abutting properties,and community needs,the Planning Board may determine,without a public hearing,
128 that submission of a site plan review application or a limited site plan review application is not required. (2) The
129 applicant must request a waiver from site plan review or a limited site plan review application in writing and may be
130 required to submit supporting documentation that site plan review is not required. The waiver request will be
131 discussed at a regular session of the Planning Board.
132 E. Goldberg: Questioned the impetus behind doing this.
133 Steve Foster,Facilities Director: The proposal involves repurposing an existing resource, an abandoned building,at
134 Kittredge School. The modular structure of this building is reusable and will be relocated to Franklin School.
135 E. Goldberg: Is that unit better than what is currently located at Franklin?
136 Steve Foster: Yes.
137 E. Goldberg: Is there a cost associated with this?
3
Eitan Goldberg, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER
Peter Boynton
PLANNING BOARD Sean Kevlahan
8
Kate Kelly
Tuesday April 7, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845
138 Steve Foster: Yes,it's under the capital improvement that's on the Town Meeting Warrant.
139 MOTION: S.Kevlahan made a motion to approve the waiver of Limited Site Plan Review. The motion was
140 seconded by J. Simons. The vote was 5-0,unanimous in favor.
141
142 Browns Court,Attorney Brian Vaughan: Discuss Browns Court lot line adjustments and appropriateness of
143 parcel access.
144 J. Enright: The applicant would like to receive the Board's feedback regarding the proposed ANR Plan ahead
145 of filing for variance relief from the Zoning Board of Appeals.
146 Brian Vaughan,applicant's AttornM. The applicant proposes to demolish the three existing homes and construct
147 three two-family homes designated as affordable housing on the three lots they recently acquired. To achieve this,
148 the applicant wants to adjust the lot lines to create three lots of similar size.
149 J. Simons: Is Brown Court a public way and how wide is it?
150 Brian Vaughan: I'm not sure if it's a public or private way,but it's definitely not an accepted roadway. The road
151 narrows to approximately 10 feet in width at its tightest points before widening slightly further toward its end.
152 E. Goldberg: Questioned how the criteria for an ANR is met.I can't understand how you have the frontage.
153 J. Simons: The third lot on the end doesn't look like it has enough frontage.
154 Brian Vaughan: Believes there is a path forward with ANR. The definition of subdivision under 81 L has an
155 exemption for lots upon which there was a structure which predated subdivision and is still standing.In 1982,the
156 Planning Board already approved this for an ANR with the same total frontage.
157 E. Goldberg: Explained he is supportive of this idea. This initiative presents an excellent opportunity and represents
158 a significantly improved utilization of the space,in addition to providing affordable housing.However, has concerns
159 regarding its legality and whether it aligns with the established definition of an ANR. Jean, could they go through
160 subdivision and we provide waivers?
161 J. Enright:Yes.
162 E. Goldberg: Advised gathering information regarding the age of the existing homes and adequacy of the road and
163 legal references for ANR vs. Subdivision Control Law. This data should then be presented to Town Counsel for
164 review and a legal opinion.If she provides her signature,then that's satisfactory;however,I would be more
165 comfortable with it as a subdivision.
166
167 Planning Board Report:
168 • Article 3: Authorization to accept grants of easements
169 • Article 4: Authorization to grant easements
170 • Article 12: Report of the Community Preservation Committee—appropriation from Community
171 Preservation Fund
172 J. Enright:Favorable Action was recommended at the last meeting. The full report and summarized report that will
173 be included in the Warrant are included in your meeting packet.
174
175 MEETING MINUTES: March 17,2026 meeting minutes.
176 MOTION: P.Boynton made a motion to approve the meeting minutes for March 17,2026. J. Simons seconded the
177 motion. The vote was 5-0,unanimous in favor.
178
179 MEETING ADJOURNMENT:
180 MOTION: P.Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons.Meeting
181 adjourned @ 8:25 p.m. The vote was 5-0,unanimous in favor.
4
Eitan Goldberg, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER
Peter Boynton
PLANNING BOARD Sean Kevlahan
8
Kate Kelly
Tuesday April 7, 2026 A,7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
182
183 MEETING MATERIALS: Planning Board Meeting Agenda April 7,2026,Draft Planning Board Meeting
184 Minutes;44-46 Baldwin Street: 44-46 Baldwin Street-DRAFT LSPR-ADU,Abutter Comment: 03.31.2026
185 Barbara King-44-46 Baldwin Street,ADU LSPR Application: Abutters List,ADU Application,Deed,Elevations,
186 Primary Dwelling, Site Plan,ZBA Variance Decision,Zoning Determination 40A Section 3, GFA: GFA Definition,
187 GFA Estimate,Department Review: 250305 Building Comment,260305 Conservation Comment,260305 NAPD
188 Comment,260317 NAFD Comment,DPW Water-Sewer: 260309 DPW Water- Sewer Comment,260406 DPW
189 Water-Sewer Comment,260407 DPW Water-Sewer Comment,Revised Plan: 260402 ADU Final Site Plot Plan;
190 203 Turnpike Street: 19900724 Site Plan Review SP: 900724 Site Plan Review SP-addition,Modification SPR:
191 Application: 0 1-Narrative,02 Letter of Authorization_North Andover Office Park Condo_executed v2,03 Abutters
192 List,04 Site Plan Review Application—SS, 05 Waiver Request, 06 NOI Relief Correspondence, 07 Civil Site Plans,
193 08 Carport Sample elevation,09 Stormwater Report, 10 Site Photos,Department Review: 260309 Conservation
194 Comment,260309 NAPD Comment,260317 DPW Water-Sewer Comment,260402 NAFD Comments,Revised
195 Plan Set: 260330 Rev Plan Set, Stormwater Review: 260325_1 st HW-SWPeerReview_203TurnpikeRoad_Solar,
196 260404_2nd HW-SWPeerReview,Resp to HW_SW Peer Review: Resp to 1st Peer Review Letter:
197 260325_Resp-1 st HW-SWPeerReview,260330 Rev Plan Set,260330 Rev Stormwater Report; Annual Town
198 Meeting Zoning Bylaw Amendments: Accessory Dwelling Units: 260317_Final ADU bylaw amendment,
199 260317_Final ADU bylaw amendment, SPR-Pre-existing non-conforming structures: 260317_Final LSPR-
200 Pre-existing nonconforming,260317_Final LSPR-Pre-existing nonconforming; Browns Court: 12192201
201 Elevation-Floor Plans,ANR PLAN 8865,Bread Roses-Front(00311795xBC4F6),Brown Court-Draft ZBA-ANR
202 Lot Line Adjustment Plan(00313046xBC4F6),Brown Court-Draft ZBA-ANR Lot Line Adjustment Plan,Locus;
203 Cypress Terrace-Franklin School: 260317 SPR Waiver Req Franklin_projects,Modular relocation-Kittredge to
204 Franklin, site SK dwg_Franklin modular; Meeting Minutes: DRAFT-March 17,2026 Meeting Minutes; Planning
205 Board Report: 2026 Planning Board Report in Warrant,260407 Planning Board Report; Staff Report: 260407
206 Staff Report.
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