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Home My WebLink About2026-09-08 Planning Board Minutes f f Sean Kevlahan, Ch a i r John Simons, Vice Char TOWN OF NORTH ANDOVER Peter Boynton PLANNING BOARD Kate Kelly Denevan O'Connell Bral Spight,Associate Tuesday September 8, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845 Present/Planning Board: S.Kevlahan,J. Simons,P.Boynton,K.Kelly,B. Spight,D. O'Connell Absent:None Staff Present: J.Enright S.Kevlahan: The Planning Board meeting for September 8,2026,was called to order at 7:00 p.m. BOND RELEASE AvalonBay Communities,Inc.,Francis Yuen:Request for release of the following bonds associated with AvalonBay Phase 1,Phase 2,and Definitive Subdivision Plan 10 •AvalonBay 4 High Street Subdivision Roadway surety bond(West Mill): $340,475 11 •AvalonBay Definitive Subdivision Plan site opening bond: $10,000 12 •AvalonBay Definitive Master Plan performance bond: $40,000 13 • RCG LLC East Mill Phase IIB performance bond: $10,000 14 • RGG NA Mills LLC Definitive Subdivision Plan performance bond(East Mill): $5,000 15 MOTION: D.O'Connell made a motion to approve the release of the bonds associated with AvalonBay Phase 1, 16 Phase 2, and the Definitive Subdivision Plan. The motion was seconded by P.Boynton. The vote was 5-0, 17 unanimous in favor. 18 19 CONTINUED PUBLIC HEARING 20 291 Massachusetts Avenue,Donna Backman: Continued to September 22,2026.Application for construction 21 of a Detached Accessory Dwelling Unit(ADU)permit under Article 8 Supplementary Regulations Part 3 Site Plan 22 Review and Part 14 Accessory Dwelling Unit of the Zoning Bylaw to authorize construction of a detached ADU. 23 The property is located in the Residential 4 zoning district. 24 0 Berry Street(Map Lot),Town of North Andover: Continued until September 22,2026.Application for Site 25 Plan Review and Modification of Landscaping requirements special permits under Article 8 Part 1 Off-Street 26 Parking and Loading §195-8.8 Special Permits,Article 8 Part 3 Site Plan Review,and Article 10 Administration 27 Section 195-10.7 of the North Andover Zoning Bylaw.Applicant proposes construction of a new Fire Station with 28 associated driveways,parking area,utilities and site grading. The site is located within the Residential 2 and I3 29 zoning district with proposed development located in the R2 portion of the parcel. 30 31 DISCUSSION ITEM 32 Potential Zoning ylaw Amendments,Samantha Carr,Staff Planner: To bring North Andover's regulation of 33 Small Clean Energy Infrastructure Facilities,including solar and battery electric storage systems,into conformance 34 with state requirements as specified in 225 CMR 29.00 and Chapter 239 of the Acts of 2024. 35 Article 2 Definitions 36 Article 4 Buildings and Uses Permitted: Industrial District Permitted Uses;Industrial 2 District 37 Article 8 Supplementary Regulations:Part 10 Wind Facilities and Part 12 Solar Energy Systems 38 Article 8 Supplementary Regulations:Part 3 Site Plan Review 39 New Article 21 Clean Energy Regulations: 40 Part 1 Small Energy Infrastructure Facility Regulations 41 Part 2 Solar Energy Systems 42 Part 3 Wind Facilities 43 Part 4 Battery Electric Storage Systems 44 Samantha Carr(Staff Planner): Shared updates on efforts to comply with state rules for small clean energy facilities. 45 Noted that her presentation offers an overview,with redlined bylaws in the packet for discussion.The presentation 1 f f Sean Kevlah an, Ch a i r John Simons, Vice Char TOWN OF NORTH ANDOVER Peter Boynton PLANNING BOARD Kate Kelly Denevan O'Connell Bral Spight,Associate Tuesday September 8, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845 46 outlined current zoning,size limits,state exemptions,the adoption timeline,and the consolidated board review 47 process. Proposed bylaws cover the consolidated permitting process,updated solar rules,and new BESS regulations. 48 Current zoning permits wind town-wide by special permit; small solar by-right town-wide; other residential solar by 49 special permit; commercial/industrial small/medium solar by right; and large solar via site plan review.BESS and 50 anaerobic digestion are permitted only in the I2 district.Ancillary uses like geothermal,tidal,and biomass are not 51 being expanded. State rules define Small Clean Energy Infrastructure Facilities(SCEIF)as generation under 25 MW 52 (solar,wind,anaerobic digestion)and storage under 100 MWh(BESS and related grid infrastructure). 53 J. Simons:Asked whether a facility of that size,such as 100 megawatts,would require 400 to 700 acres,assuming a 54 land footprint of four to seven acres per megawatt. 55 S. Carr: Clarified that storage capacity projects are measured in megawatt-hours and are more compact than 56 generation facilities.The 4 to 7 acre reference applies to tier-one generation projects(solar,wind,or digestion)up to 57 25 megawatts,with maximum project sizes reaching nearly 175 acres. Sample slides illustrate land consumption for 58 generation and storage,while the town's 6-megawatt Osgood Landing solar array covering 30 acres serves as a local 59 example of project scale. 60 J. Simons: Expressed concern regarding the total acreage needed to accommodate these projects. 61 S. Carr:Projects meeting these size criteria may choose between a consolidated permit or the established local 62 review process,giving applicants discretion based on project needs. Larger projects fall under state Energy Facilities 63 Siting Board jurisdiction,where municipalities can participate as intervenors using available dedicated funds. 64 P.Boynton: Inquired about the origin of the 4-to-7-acre land requirement benchmark per megawatt. 65 S. Carr: Stated that this reflects state examples regarding project capacity and size,while also serving as an industry 66 standard for energy generation facilities. 67 P.Boynton:Asked whether that acreage range represents the typical physical footprint specifically the size and 68 quantity of solar panels needed to generate one megawatt on a land-based solar farm. 69 S. Carr: Confirmed that the solar facility typically requires 4-7 acres,including buffers and setbacks.Exempt 70 projects(e.g.,solar canopies)skip pre-filing requirements and site suitability scoring.Under state regulations(225 71 CMR 29, effective July 1),municipalities must establish a consolidated permit process with a 12-month issuance 72 deadline by October 1,operating alongside existing local review options. Staff plan to introduce Article 21 at next 73 year's Town Meeting as a frame for local clean energy rules,comprising Part 1 (consolidated permit/SCEIF bylaw), 74 Part 2(relocated solar bylaw),Part 3 (relocated wind bylaw),and Part 4(new BESS bylaw),plus related updates to 75 I2 terminology,glossary definitions,and Dover-protected site plan review.Presented the consolidated approvals 76 timeline,noting existing stakeholder involvement.Ministerial permits(e.g.,building/electrical)are excluded and 77 follow standard procedures.Displayed sample energy storage and solar developments. Presented proposed Article 78 21,Part 1 (Small Clean Energy Infrastructure Facilities Bylaw),establishing a state-mandated consolidated permit 79 process with a 12-month timeline for eligible solar,wind,anaerobic digestion, energy storage,and transmission 80 projects.Applicants must satisfy site suitability standards for environmental,social,and biodiversity impacts.A 81 designated local administrator(expected to be the Director of Community and Economic Development/Assistant 82 Town Manager)will coordinate filings,pre-applications,and final decisions. Individual board procedures remain 83 intact,but a single board's denial yields an overall denial.The draft includes optional local provisions such as an 84 environmental mitigation fee for high-impact projects scoring>15/25 (exempting solar canopies and redeveloped 85 sites),dimensional standards,pre-application requirements,review splits,and fee schedules. Outlined the state fee 86 formula and acreage impact calculation components.Proposed updates for Part 2(Solar Energy Systems)relocate 87 solar regulations to Article 21 and align permitting tiers with the state model bylaw by shifting from square footage 88 to energy capacity(e.g.,residential rooftop limits increasing from 10 kW to 25 kW due to higher-efficiency 89 technology).Proposed changes also update the Use Regulations Schedule,add agricultural protections,and include 90 cross-references to consolidated permitting. Communities statewide are evaluating this shift,with most adopting the 2 f f Sean Kevlahan, Ch a i r John Simons, Vice Char TOWN OF NORTH ANDOVER Peter Boynton PLANNING BOARD Kate Kelly Denevan O'Connell Bral Spight,Associate Tuesday September 8, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845 91 model bylaw. Shared a sample use table layout.Wind regulations move to Article 21 with minor edits referencing 92 consolidated permitting.Introduced new regulations for Battery Energy Storage Systems(BESS)covering 93 accessory,co-located,and primary uses to address current regulatory gaps outside the 12 district.The draft 94 establishes standards for permitted areas,applications,screening,containment,emergency response, 95 decommissioning,and watershed protection,while local review options and tier thresholds remain open for 96 discussion. The proposed bylaw covers accessory,co-located,and primary battery storage uses,aligning with state 97 definitions.It defines permitted areas, establishes application standards,visual screening, containment,emergency 98 response, and decommissioning rules,and adds specific protections for the Watershed Protection District.Local 99 options include adopting an environmental mitigation fee,adjusting tier thresholds,defining review pathways 100 (by-right, site plan,or special permit),and setting containment and safety standards,as Dover Amendment 101 protections prohibit blanket exclusions. State classifications include accessory(secondary use),co-located 102 (generation and storage on one site), and primary(standalone storage). Tier size limits remain open for discussion. 103 S.Kevlahan: Asked whether Tier 3 battery storage has an upper capacity bound of 100 megawatts or 104 megawatt-hours,or if that value simply represents the current threshold for battery systems. 105 S. Carr: Confirmed that the 100-megawatt capacity cap serves as the upper boundary for small battery storage 106 systems.Facilities that surpass this limit are classified as large-scale and transition to state regulatory oversight. 7 Thus,the primary purpose of the maximum threshold for this tier is to delineate the boundary of municipal review 108 authority over proposed developments. 109 K.Kellam Questioned which definition would apply to a data center utilizing battery storage as part of its backup 110 power system. ill S. Carr: Clarified that battery storage powering a data center would be classified as a building-integrated,accessory 112 use,with the data center as the primary use. She noted that while definitions distinguish the two,accessory and 113 building-integrated uses are treated similarly locally and grouped together in the regulation table. 114 Provided context on key battery bylaw health and safety safeguards.These include requiring impervious 115 containment areas holding up to 110%of stored material volume to prevent liquid leaching in the unlikely event of 116 thermal runaway. The bylaw encourages non-PFAS fire suppression foams where commercially and financially 117 feasible to reduce environmental impact.Additionally,it enumerates emergency response plan criteria subject to 118 local fire department approval,mandating developer-and operator-funded training for local responders on site 119 schematics,lockouts,isolations,and evacuation plans for nearby residential or commercial areas. 120 S.Kevlahan: Asked whether BESS materials or chemistries can be regulated outside the watershed given 121 environmental concerns. 122 S. Carr: Stated that town-wide blanket prohibitions such as in residential zones comprising 84%of land 123 mass would face state scrutiny,the town has discretion over accessory versus primary uses and the level of review 124 required(e.g.,by-right vs. special permit). Complete prohibitions have been mostly limited to the Watershed 125 Protection District,but further restrictions could be explored if significant public health and safety concerns are 126 raised. Reviewed design and visual screening standards to address aesthetic impacts.Key elements include limiting 127 lighting to safety/operational needs to reduce glare and light pollution;restricting signage strictly to emergency 128 contact and site hazard information with no advertising;and mandating year-round visual screening along abutting 129 residential properties and public rights-of-way under limited site plan review,similar to solar rules.Additionally,all 130 facilities must be fully enclosed with fencing. 131 Board: Thanked Samantha for preparing and delivering the presentation. 132 133 MEETING MINUTES: August 25,2026 meeting minutes. 134 MOTION: P.Boynton made a motion to approve the meeting minutes for August 25,2026. The motion was seconded by J. Simons.The vote was 4-0-1,unanimous in favor.D. O'Connell abstained from voting. 3 f f Sean Kevlah an, Ch a i r John Simons, Vice Char TOWN OF NORTH ANDOVER Peter Boynton PLANNING BOARD Kate Kelly Denevan O'Connell Bral Spight,Associate Tuesday September 8, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845 136 137 MEETING ADJOURNMENT: 138 MOTION: J. Simons made a motion to adjourn the September 8,2026 Planning Board meeting. The motion was 139 seconded by P.Boynton.The meeting adjourned at 8:08 p.m. The vote was 5-0,unanimous in favor. 140 141 MEETING MATERIALS: September 8,2026 Planning Board Agenda.docx, September 8,2026 Planning Board 142 Agenda.pdf,Avalon Bay: 4 High Street: 200107 FINAL Decision RCG Def Subdivision.pdf,260220 Decision 4 143 High SubDist A Def Master Plan SP.pdf,AVB Side Letter Agreement(FINAL)(12.17.21).pdf,As-Built Phase 2: 144 North Andover Phase 2(East Mill) Stamped Asbuilts.pdf,As-Built Plan-Phase 1:AvalonBay 72 High Street 145 Foundation As-Built Bldg A.pdf,AvalonBay 80 High Street Foundation As-Built Bldg B.pdf,AvalonBay 88 High 146 Street Foundation As-Built Bldg C.pdf,North Andover Phase 1 (West Mill) Stamped Asbuilts.pdf,Eng Cert Letter 147 -Phase 2: 65 High Street Civil Engineering Letter of Conformance.pdf,Eng Cert Letters-Phase 1: 72 High 148 Street_Civil Engineering Letter of Conformance.pdf, 80 High Street Civil Engineering Letter of Conformance.pdf, 149 88 High Street—Civil Engineering Letter of Conformance.pdf,21 High Street: 65 High Street Civil Engineering 150 Letter of Conformance.pdf, 180116 Decision Planned Development District.TIF,North Andover Phase 2(East Mill) 151 Stamped Asbuilts.pdf,Meeting Minutes: DRAFT-August 25,2026 Planning Board Meeting Minutes.docx, 152 DRAFT-August 25,2026 Planning Board Meeting Minutes.pdf, Potential Zoning Bylaw Amendments:; Small 153 Clean Energy Infrastructure Facilities: SCEIF-BESS Presentation PB Final.pptx,Proposed Bylaw 154 Amendments:Article 2 Definitions.pdf,Article 4 Building&Permitted Uses-I2.pdf,Article 8 SPR,Wind, 155 Solar.pdf,New Article 21 Clean Energy Bylaw.pdf 4