HomeMy WebLinkAbout2026-06-02 Planning Board Minutes Eitan Goldberg, Chair
John SimonsTOWN OF NORTH ANDOVER Peter Bo nton
PLANNING BOARD y
Sean Kevlahan
4 Kate Kelly
Tuesday June 2, 2026 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
e
Present/Planning Board: E. Goldberg,J. Simons,P.Boynton, S. Kevlahan,K.Kelly
Absent:None
Staff Present: J.Enright
E.Goldberg,Chairman: The Planning Board meeting for June 2,2026,was called to order at 7 p.m.
CONTINUED PUBLIC HEARING
200 Bridle Path, Ryan and Alyssa Heffernan: Application for a Watershed Special 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 additions to an existing
10 single-family dwelling to accommodate an accessory dwelling unit, including minor driveway expansion and site
11 improvements. The proposed work is located within the Non-Disturbance Zone of the Watershed Protection
12 District. The property is located in the Residential 1 Zoning District.
13 J. Enright: This public hearing opened March 17th and was continued until June 2nd. Since the hearing opened the
14 Conservation Commission opened their public hearing for the Notice of Intent filing. The Commission voted 4-3 to
15 grant the required buffer zone waivers and they voted to approve an Order of Conditions this past Wednesday. The
16 site plan changes include additional buffer zone plantings, installation of an infiltration dry well for the new roof
17 surface runoff, and the Commission will require test pits prior to any work on site. This is also conditioned in the
18 draft decision included in the meeting packet for consideration tonight.
19 E. Goldberg: Invited the applicant to address the Board and provide a detailed walkthrough of the specific plan
20 modifications that have received approval from the Conservation Commission.
21 Ryan Heffernan (Applicant): The major changes include the addition of drywall to facilitate the runoff from the
22 additional roof structure, there will be test pits performed on the side of the house and along the driveway, and
23 additional vegetation plantings in the buffer zone.
24 P.Boynton: Questioned what the plantings consist of.
25 Ryan Heffernan: The Conservation Commission and Amy Maxner have supplied an authorized list of native
26 vegetation for use in planting. This selection features wetland seeds along with five or six tree varieties, including
27 the sweet pepper bush and high bush blueberry.Furthermore,we were given the choice to pick from an approved list
28 for the additional planting zones.
29 MOTION: S.Kevlahan made a motion to close the public hearing for the Watershed Special Permit for 200 Bridle
30 Path.The motion was seconded by J. Simons. The vote was 5-0,unanimous in favor.
31 P.Boynton: Confirmed that the requirement that fertilizers be restricted to organic,slow-release nitrogen and
32 phosphorus-free. This measure is intended to protect the nearby lake by preventing undesired phosphorus levels and
33 algae growth is clear to the applicant.
34 Rvan Heffernan: Correct. Our objective is to ensure the preservation of the town's natural resources.
35 P.Boynton:Expressed gratitude for support for the lake's preservation.
36 E.Goldberg: Requested a condition be added to the draft decision that ensures the Order of Conditions issued by
37 the Conservation Commission is complied with.
38 MOTION: J. Simons made a motion to approve the Watershed Special Permit for 200 Bridle Path as amended. The
39 motion was seconded by S.Kevlahan. The vote was 5-0,unanimous in favor.
40
41 NEW PUBLIC HEARING
42 520 Great Pond Road,Boyd Holk,GM North Andover Country Club: Application for a Watershed Protection
43 District Special Permit Article 4 Part 5 Watershed Protection District and 195-10.7 of the zoning bylaws to authorize
44 tree removal within high water limits of Lake Cochichewick and parking lot reclamation within Non-Disturbance
45 Zone and the Non-Discharge Zone of the Watershed Protection District. The property is located in the Residential 1
46 zoning district.
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Eitan Goldberg, Chair
John SimonsTOWN OF NORTH ANDOVER Peter Bo nton
PLANNING BOARD y
Sean Kevlahan
4 Kate Kelly
Tuesday June 2, 2026 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
e
47
E.Goldberg: Opened the public hearing;however,due to two new board members joining the first meeting in July
48 and the application being incomplete,the public hearing will be continued to the July 7,2026 Planning Board
49 meeting with no evidence heard this evening.
50
51 DISCUSSION ITEM
52 335 Salem Street,James Erb JCC Development LLC: Request for an Insubstantial Change determination to the
53 12.03.2024 Watershed Special Permit which allows for the construction of a single-family dwelling on an
54 undeveloped lot. The request is to allow for construction of a circular driveway within the Non-Discharge Buffer
55 Zone of the Watershed Protection District.
56 J. Enright: The meeting packet contains both the previously approved and the newly proposed site plans.While the
57 initial Watershed Special Permit was granted for the building of a single-family residence,the applicant now seeks
58 to add a circular driveway at the front of the property. Currently,a separate driveway on the right side provides
59 access to a two-car garage under. Suggested incorporating a walkway to link the circular driveway with the front
60 entrance, as one is not currently shown.Read DPR Engineering's suggested conditions.
61 E.Goldberg Questioned what will happen to the current driveway if the circular driveway is constructed.
62 J. Enright: It will remain. Questioned whether to two large pine trees located in front of the house will remain.
63 James Erb(Applicant): Confirmed that the two large pine trees would be preserved.The applicant noted that the
64 circular driveway design has been specifically configured to curve around them.
65 S.Kevlahan: Questioned whether there are new curb cuts proposed for the circular drive.
66 J. Enright:Yes,two.
67 J. Simons: Questioned why the existing driveway and the proposed circular driveway aren't connected.
68 E.Goldberg: The existing driveway is situated poorly in relation to the road's curvature,resulting in obstructed
69 sightlines for vehicles both entering and exiting the property.
70 James Erb: Stated that they cannot be connected due to a 5-foot retaining wall that was installed as a result of the
71 grading differences on the property.
72 James Erbo: Confirmed a walkway will connect the circular drive to the front walkway.
73 MOTION: S.Kevlahan made a motion to approve the Insubstantial Change request with the laid-out conditions for
74 335 Salem Street. The motion was seconded by J. Simons. The vote was 5-0,unanimous in favor.
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76 40Y Starter Home District Statute and Regulations Kayla Rennie and Samantha Carr: Overview of the 40Y
77 Statute and Regulations.
78 J. Enright:You may recall that in June 2025 the Town endorsed the Merrimack Valley Planning Commission's
79 application to the Community Planning Grant Program for a 40Y Starter Home District analysis in our community.
80 A Starter Home District is one of the strategies in our recently adopted Housing Production Plan.During both the
81 Master Plan and Housing Production Plan process it was expressed that the community is in need of smaller housing
82 types—both for young families and downsizing seniors.Also,that we are in need of housing that is financially
83 attainable to a wider range of families,and starter homes on smaller lots could fill these gaps in our housing stock.
84 Kayla Rennie(MVPC)and Samantha Carr will provide an overview of the statute and regulations and discuss next
85 steps.
86 Ian Burns(MVPC):North Andover, as well as most cities and towns within the Merrimack Valley Region,
87 identified a need for smaller home types,more attainable housing for first-time home buyers,or folks looking to
88 downsize. One of the things that we looked at is which communities could adopt the 40Y starter home district
89 statue and regulations.This is an optional overlay district much like 40R,which you all did several years ago
90 over in the Osgood Landing area. It's an option to add an overlay district to encourage smaller housing types.
91 40Y is starter home zoning,but I would think about it more as attainable home zoning or attainable housing or
92 right-size housing.These aren't necessarily going to be homes just for first-time home buyers.These could be
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Eitan Goldberg, Chair
John SimonsTOWN OF NORTH ANDOVER Peter Bo nton
PLANNING BOARD y
Sean Kevlahan
4 Kate Kelly
Tuesday June 2, 2026 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
e
93
homes for folks looking to downsize from their larger home or it could be for someone just looking for a different
94 type of housing than they already have access to.The statute defines what is required to be a part of the zoning.
95 The 40Y starter homes have to be a maximum of 1,850 square feet or the town can further restrict the maximum
96 size.You do still have to allow ADUs on these lots.There is a minimum of four units per developable acre. 10%
97 of the homes built have to be designated as affordable.
98 Samantha Carr: Provided a comparison of the Residential 6(R6)district,Residential 5 R5)district and overall
99 recent single-family home sales to the 40Y starter home district. The R6 zoning allows up to 6 units per acre for
100 single family residential structures with a minimum lot size of 5,000 square feet.The residential 5 district allows
101 townhouse style multi-families.For the last five years,the town has seen an annual average of five new
102 single-family residential constructions. These developments typically occur in clusters,utilizing phased building
103 across multiple lots. Typically,these homes average 3,809 square feet in size and have a market price of roughly
104 $1.26 million. In contrast,properties within the R6 district possess an average size of 1,786 square feet,with market
105 prices averaging$676,000. Starter homes offer significant cost savings compared to market based housing.
106 S.Kevlahan: Questioned if the R6 housing comparisons fall within the Federal Housing Administration(FHA)
107 limits.
108 Samantha Carr:Will investigate that in more detail and I can report back with my findings.
109 Kayla Rennie(MVPC): The land has to be feasible to develop a project. One option can be underutilized land such
110 as old vacant shopping malls or an old drive in.
ill E.Goldber,: Questioned if vacant schools and municipal buildings are considered feasible.
112 Kayla Rennie:Public and government land is excluded,unless it is considered underutilized.Reviewed specific
113 categories of land that are excluded.All districts combined must be below 15%of the municipality.There is a
114 minimum of 4 starter homes per developable acre.Fifty percent of the homes must have 3 or more bedrooms.
115 Communities may allow mixed-use and limited non-residential uses by-right.
116 E.Goldberg: Questioned whether these units are required to be detached single-family residences or if they could be
117 designed in a townhouse configuration.
118 Kayla Rennie: They can be attached or detached single family style homes.
119 J. Simons:Noted that structures featuring shared walls are typically categorized as townhouses rather than
120 single-family residences.What would the ownership of the land be for each of these 40Y starter home structures?
121 Ian Burns: The municipality maintains the authority to determine the preferred architectural style for these units.
122 While the town may opt for townhouse-style developments,it also has the discretion to restrict construction to
123 detached single-family dwellings.Regarding land tenure,individual ownership of the underlying land is not
124 included;rather,the residential structures would function similarly to condominiums.
125 J. Simons:Remarked that this housing model is unattractive because of the scarcity of developable land and the
126 lower revenue generated in comparison to larger apartment or condominium developments.
127 Kayla Rennie: Towns and cities have the flexibility to establish higher density standards. The Executive Office of
128 Housing and Livable Communities(EHLOC)prioritizes and encourages municipalities to achieve at least the base
129 requirement of 4 units per acre.
130 E.Goldberg: The state appears to be comfortable with increased housing density. Eitan sought clarification from
131 Kayla regarding the available incentives for 40Y and requested a detailed explanation of those benefits.
132 Kayla Rennie: The statute requires that projects of 12 or more homes have to include 10%of the units as income
133 restricted and this has to be at or less than 110%AMI.North Andover's inclusionary zoning has stricter
134 requirements.In a starter home zoning district,the town's inclusionary zoning would not apply.It would have to
135 default to what the regulations are for the zoning for the 40y zoning. No payments are allowed in lieu of units,
136 communities may incentivize but not require additional affordability,affordable units must be integrated and
137 comparable within development,and income restriction is assured for at least 30 years and can be required in
138 perpetuity.
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Eitan Goldberg, Chair
John SimonsTOWN OF NORTH ANDOVER Peter Bo nton
PLANNING BOARD y
Sean Kevlahan
4 Kate Kelly
Tuesday June 2, 2026 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
e
139
You can have design standards. The standards must be objective,flexible,and not render projects infeasible.They
140 may address building scale,streetscape,parking,open space,landscaping,and more. The mixed-use standards must
141 complement residential uses. Site Plan Review must specify plan approval authority. Denial is allowed only if
142 zoning or public safety concerns are not met,the project application is incomplete,or if there are unmitigable
143 impacts.Plan approval authority decisions must be made no later than 120 days after receiving a completed project
144 application,unless the timeframe is extended,otherwise the application is automatically approved.
145 Projects must be governed by the Starter Home Zoning within the district in order to qualify and can still utilize
146 underlying zoning but would not be considered a Starter Home Development.Projects within a 40Y district are not
147 subject to municipal housing moratorium. There are no age-based or prohibited occupancy restrictions.Permitted
148 use regulations, such as short-term rental restrictions,are allowed. The district must comply with fair housing laws.
149 ADUs must be allowed by-right. The district is exempt from local environmental and health ordinances that exceed
150 state requirements. Explained the approval process,incentive/bonus payments,and modification/repeal processes.
151 Provided a timeline for the grant research and potential draft bylaw.
152 E.Goldberg:Expressed concerns regarding potential gaps in the current proposal.He noted that,to his knowledge,
153 there is currently no available or feasible land in North Andover that would qualify for the 40Y program.
154 Furthermore,he highlighted that the five-year deadline imposes significant pressure on the 40Y project,as the time
155 required for land acquisition,the approval process,and permitting might exceed this allotted window.
156 S.Kevlahan: Questioned that if the state zoning regulations get revised,bringing lot sizes down to 5,000 square feet,
7 how would that affect 40Y.
158 Ian Burns: EOHLC has not said what might happen. They did note that this is a different chapter of state law than
159 what this ballot initiative would adjust.In my opinion,40Y would be mostly moot if that ballot initiative passed
160 because you are changing minimum lot sizes to 5,000 square feet,the lot itself would still exist. So,if you had an
161 area of town that you knew was going to be redeveloped sometime soon and you wanted to get in on the cash
162 incentive payments,you could still pursue 40Y even though you're not really affecting it too much with the
163 minimum lot sizes. They could still go through this entire process because you know a bill construction is going to
164 happen and you want to cash in on some incentive payments until 40Y is repealed.It still exists and is still an option
165 regardless of a ballot initiative.
166
167 CORRESPONDENCE
168 Nicole Friel,254 Great Pond Road: Regarding Marble Ridge Winery(11 Marbleridge Road).
169 J. Enright: The email communication is included in the meeting packet and the resident has requested that her
170 comments be noted by the Board.
171 E.Goldberg: This correspondence will be kept on file for consideration during any future applications submitted by
172 Marble Ridge Winery.For such future public hearings,all abutters will receive notification and be given the chance
173 to provide comments and concerns.
174
175 MEETING MINUTES: April 28,2026 and May 12,2026 meeting minutes.
176 MOTION: S.Kevlahan made a motion to approve the meeting minutes for April 28,2026 and May 12,2026. The
177 motion was seconded by P.Boynton. The vote was 5-0,unanimous in favor.
178
179 NEW BOARD MEMBERS
180 E.Goldberg: Communicated that his term is ending at the end of this month and he is stepping down. Two new
181 members are joining the Planning Board.Bral Spight will be the associate member and Denevan O'Connell will be a
182 full-time member beginning July 1,2026.
183 Board: Complimented and thanked Eitan for his service.
184
185 MEETING ADJOURNMENT:
4
Eitan Goldberg, Chair
John SimonsTOWN OF NORTH ANDOVER Peter Bo nton
PLANNING BOARD y
Sean Kevlahan
4 Kate Kelly
Tuesday June 2, 2026 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
e
186
MOTION: P.Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons.Meeting
187 adjourned g 8:08 p.m. The vote was 5-0,unanimous in favor.
188
189 MEETING MATERIALS: June 2,2026 Planning Board Agenda,40Y Presentation: Intro to 40Y Regulations;
190 200 Bridle Path: DRAFT-Decision WSP-200 Bridle Path,Alternatives Analysis: 260410 Alternatives Analysis,
191 Revised Plan: 260521 Site Plan Bridle Path,Stormwater Peer Review:
192 260227_1 stHW_SWPeerReview_200BridalPath,260306_2nd_SWPeerReview_200BridalPath,Resp to
193 Stormwater Review: 260203_response to 1 st HW_SWpeer review, Site Plan—Bridle Path_2026-03-03,WSP
194 Application:Alternative Analysis-ADU Rear-Stair Letter,Compiled WS Special Permit_application-200 Bridle
195 Path,Compiled WS Special Permit—support documents-200 Bridle Path,Elevation, Site Plan_Bridle Path;335
196 Salem Street: 241203 Timestamped Decision-335 Salem St,240723 Approved Site Plan 335 Salem,260602 Req
197 for Insubstantial Change:260526 335 Salem driveway plan,260526 Req Letter-335 Salem St Circle Driveway
198 Letter,260601 DPW Engineering Comments,Pic-335 Salem Frontage; 520 Great Pond Road: Watershed
199 Special Permit: Arborist Scope: SavATree North_Andover Proposal_NRC, SaveATree Contract Signed 04 14 26,
200 Scope of Work-NA Country Club-3rd Party Cert.Arborist,Thomas O.Miles_SavATree_CV 2025,Application:
201 520 Great Pond WSP Application,2011 Tennis Court Plan,260312 Tree Removal Site Plan,260429 Site Details
202 Plan,260429 Site Plan,Notice of Intent Filing: 520 Great Pond P1, 520 Great Pond P2,Iron Staining Location,
203 Maps,MassDEP Comments,Preview attachment IMG_6440.JPGPreview attachment
204 IMG_6440.JPGIMG_6440.JPGShared in Drive,Project Narrative Report,Waiver Request,Department Review:
205 260430 NAFD Comment,260430 NAPC Comment,260505 Conservation Comment, Stormwater Peer Review:
206 260512_1 st HW SWPeerReview_520GreatPondRoad,Tennis Court Shed Replacement:2011 Tennis Court Plan,
207 260528 NACC Shed Email,new tennis court roller,Pic-existing shed 2,Pic-existing shed,Proposed Shed 2,
208 Proposed Shed; Communication It Marbleridge Road: 260506 Abutter Comment-Friel;Meeting Minutes:
209 DRAFT-April 28,2026 Planning Board Meeting Minutes,DRAFT-May 12,2026 Meeting Minutes; taff
210 Report:260602 Staff Report
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