HomeMy WebLinkAbout2026-09-22 Planning Board Minutes Sean Kevlahan, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Den evan O'Connell
Bral Spight,Associate
Tuesday September 22, 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(Arrived at 7:04
p.m.)
Absent:None
Staff Present: J.Enright
S.Kevlahan: The Planning Board meeting for September 22,2026,was called to order at 7:00 p.m.
STAFF REPORT
10
11 CONTINUED PUBLIC HEARING
12 291 Massachusetts Avenue,Donna Backman:Application for construction of a Detached Accessory Dwelling
13 Unit(ADU)permit under Article 8 Supplementary Regulations Part 3 Site Plan Review and Part 14 Accessory
14 Dwelling Unit of the Zoning Bylaw to authorize construction of a detached ADU. The property is located in the
15 Residential 4 zoning district.
16 J.Enright:A request for continuance has been submitted placing the deadline to render a decision on October 23,
17 2026. The Planning Board meeting prior to this date is scheduled on October 20,2026,which will allow for three
18 days to file the decision in the Clerk's office.
19 MOTION: J. Simons made a motion to accept the continuance request for 291 Massachusetts Avenue to the
20 October 20,2026 Planning Board Meeting. The motion was seconded by P. Boynton. The vote was 5-0,unanimous
21 in favor.
22
23 0 Berry Street(Map 108.0 Lot 10),Town of North Andover: Application for Site Plan Review and Modification
24 of Landscaping requirements special permits under Article 8 Part 1 Off-Street Parking and Loading §195-8.8
25 Special Permits,Article 8 Part 3 Site Plan Review,and Article 10 Administration Section 195-10.7 of the North
26 Andover Zoning Bylaw.Applicant proposes construction of a new Fire Station with associated driveways,parking
27 area,utilities and site grading. The site is located within the Residential 2 and I3 zoning district with proposed
28 development located in the R2 portion of the parcel.
29 J.Enright: The applicant requested a continuance to the October 6,2026 meeting today. The stormwater peer
30 review is still underway and the applicant is preparing a Photometric Plan. Waivers were requested for a traffic
31 study and fiscal impact study. A community impact statement was submitted.
32 MOTION: J. Simons made a motion to accept the continuance for 0 Berry Street to the October 6,2026 Planning
33 Board Meeting. The motion was seconded by K.Kelly. The vote was 5-0,unanimous in favor.
34
35 DISCUSSION ITEM
36 Draft 2027 Planning Board Meeting Calendar
37 MOTION: P. Boynton made a motion to approve the 2027 Planning Board Meeting Calendar.The motion was
38 seconded by D. O'Connell.The vote was 5-0,unanimous in favor.
39 Data Centers:Potential moratorium warrant article
40 S.Kevlahan: Provided an explanation for requesting that Jean include this item on the agenda.Key concerns
41 highlighted regarding data center impacts included water resources,power infrastructure, and noise control. The
42 town contains a sensitive water resource area,but local standards currently lack design guidelines for closed-loop
43 recycling systems in data centers,creating a potential strain on municipal water supplies. Commonwealth guidance
44 is likely needed regarding on-site power generation.Direct connection to the municipal grid could shift significant
45 infrastructure expenses onto local ratepayers through increased utility fees.Data center cooling systems can produce
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Sean Kevlahan, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Den evan O'Connell
Bral Spight,Associate
Tuesday September 22, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA
01845
46 sound levels exceeding 60 decibels comparable to or slightly louder than a chainsaw. Current local bylaws contain
47 no provisions to regulate or attenuate noise generated by these facilities.
48 D' O'Connell:Asked whether an executive order regarding 25-megawatt data centers had recently been issued.
49 J.Enright: Confirmed that executive order 658 requires data centers to have a municipal community benefit
50 agreement and local support to receive state permits.Projects exceeding 25 megawatts must comply with state
51 standards for clean energy,infrastructure self-funding,and protection of water,air quality, and public health. Stated
52 that they must also provide their own clean energy or contribute to a ratepayer protection fund.With 44 data centers
53 currently in Massachusetts,concerns remain regarding high water and energy usage,air and noise pollution,and
54 diesel generator operations. Consequently,many municipalities are considering bans or moratoriums to allow for
55 time to establish design standards.Provided an example that Everett enacted a bylaw capping the size of the facility
56 at 20,000 square feet gross floor area and 5 megawatts of power,while requiring self-supplied closed-loop water
57 recycling.
58 K.Kelly Inquired if the executive order would apply that the town would have to enter into one of these community
59 agreements.
60 J.Enri hit:Verified,but stated that the Building Commissioner would have to determine whether the use was even
61 allowed in town. It's not a defined term in the town's bylaw right now and the Board would need to define it as part
62 of a moratorium article or bylaw.
63 K.Kelly: Expressed appreciation to Sean for bringing the topic to the agenda, she noted that this represents a very
64 significant potential issue and emphasized the necessity of understanding the impacts of such facilities.Furthermore,
65 she stated she is in full support for establishing a governing bylaw to allow the Board to proceed deliberately and
66 align its actions with evolving national scientific and development trends.
67 J.Enright:Asked the Board if staff should begin drafting up a moratorium.
68 Board:Expressed caution due to the limited details available regarding data center developments.Members raised
69 questions concerning the timeline required to establish a moratorium or enact a targeted bylaw.
70 J.Enright: Explained that normally they aim to bring substantive warrant articles before the Board in December to
71 initiate discussions prior to the start of the public hearing process in February. Following the opening of public
72 hearings,the Board typically takes three meetings to formulate a recommendation for inclusion in the printed
73 warrant.
74 Board:Members expressed concern regarding the novelty of data centers and the numerous uncertainties
75 surrounding their long-term environmental and community impacts. They raised questions about how a moratorium
76 could be crafted and what its duration should be,given the many unresolved questions and continuous evolution.
77 J. Simons:Asked about the Town's existing noise ordinance limits and whether a future bylaw could incorporate
78 specific noise regulations for data centers.Mentioned that data centers ought to be handled in the same manner as
79 previous proposals brought before the Board.
80 J.Enright: Explained that North Andover currently lacks a local noise bylaw and instead adheres to state standards.
81 She noted the absence of an explicit definition for data centers in local zoning bylaws. She clarified that the initial
82 use determination rests with the Building Commissioner.If classified under an existing permitted category such as
83 office use,the project would not require a use Special Permit.However,any proposed construction exceeding 2,000
84 square feet of gross floor area automatically triggers Site Plan Review and requires approval of a Special Permit,
85 enabling the Board to attach conditions. She emphasized that given the threshold,virtually any physical construction
86 would ultimately fall under Board jurisdiction.Overall,she acknowledged that significant uncertainty remains
87 regarding how a data center use will be classified and evaluated.
88 K.Kelly: Stated that because many data center developers are highly sophisticated organizations,they will likely
89 challenge any enacted moratorium or bylaw. Consequently, she recommended that the Board exercise due diligence
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Sean Kevlahan, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Den evan O'Connell
Bral Spight,Associate
Tuesday September 22, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA
01845
90 and craft a comprehensive,broadly scoped bylaw or moratorium rather than focusing narrowly on a single concern
91 such as noise control.
92 Board:Members concurred with K.Kelly's points.In addition,water consumption emerged as a primary concern,
93 with the Board discussing how the high water demands of data centers would compare against current high-volume
94 local water users like large apartment complexes,Merrimack College,and the country club.
95 P.Boynton: Mentioned the historical absence of water quality testing results provided to the Board.He emphasized
96 the significance of sampling the lake,highlighting its connection to various tributaries across the community.He
97 asked Jean whether previous water studies existed or if new ones could be conducted to evaluate the water quality
98 and consumption patterns in town.
99 Board: Suggested inviting representatives from the Department of Public Works(DPW)to present data on municipal
100 water use and lake level fluctuations, specifically examining potential impacts from the addition of local apartment
101 complexes and other large properties over time.
102 J.Enright: Reminded the Board that a water demand study was conducted by an outside consultant during the Royal
103 Crest Redevelopment review process. Expressed her intention to confer with the Town Manager to inform her of the
104 request for DPW representatives to attend an upcoming Planning Board meeting.
105 K.Kelly Raised concerns that the Board was considering the effects of data centers in isolation,noting that
106 potential secondary and broader impacts had received little discussion, such as energy consumption which has the
107 potential to increase utility costs for local ratepayers.
108 S.Kevlahan: Concurred,noting that additional details are necessary to facilitate further deliberation and determine
109 whether pursuing a moratorium or a bylaw is the appropriate path forward.Noted two primary action items for the
110 Board,establishing a formal definition for data centers and drafting applicable design standards.He explained that
111 although energy usage is a key concern,it remains largely outside the Board's control given that the local utility
112 provider,National Grid,is governed at the state level.
113 P.Boynton:Asked whether a study could be conducted regarding data center energy usage and potential utility rate
114 increases.
115 Board:Noted that energy rates fall outside the Board's jurisdiction,making a study impractical unless North
116 Andover had its own municipal power entity.
117 D.O'Connell: Requested more information and data about precedents set by other Massachusetts municipalities
118 regarding moratoriums and bylaws,including any initial measures and subsequent revisions.
119 S.Kevlahan: Emphasized the necessity of gathering additional details and expressed hope for a DPW presentation
120 over the course of the upcoming two meetings.Following these steps,the Board will be positioned to determine
121 whether to pursue a data center moratorium or bylaw.
122
123 MEETING MINUTES: September 8,2026 meeting minutes.
124 MOTION: J. Simons made a motion to approve the meeting minutes for September 8,2026. The motion was
125 seconded by D. O'Connell.The vote was 5-0,unanimous in favor.
126
127 MEETING ADJOURNMENT:
128 MOTION: J. Simons made a motion to adjourn the September 22,2026 Planning Board meeting.The motion was
129 seconded by P.Boynton.The meeting adjourned at 8:45 p.m. The vote was 5-0,unanimous in favor.
130
131 MEETING MATERIALS: September 22,2026 Planning Board Agenda.pdf, September 22,2026 Planning Board
132 Agenda.docx; 0 Berry Street: Locus.pdf,Application:2455-Fire Station 3-Submission Letter(07-22-2026).pdf,
133 2455-Fire Station 3-Site Plans(07-20-2026).pdf,2455-Fire Station 3-Stormwater Report(07-20-2026).pdf,
134 2455-North Andover FIre Station 3 -Architect Renderings.pdf,2544-Fire 260911 Waiver Requests Station 3.pdf,
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Sean Kevlahan, Chair
John Simons, Vice Chair
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Den evan O'Connell
Bral Spight,Associate
Tuesday September 22, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA
01845
135 2544-Fire Station 3-Site Plan Review and Special Permit Application(07-20-2026).pdf,260818 Letter of
136 authorization.pdf,260911 Fire Station 3 Community Impact Analysis.pdf,Department Review: 260728 NAFD
137 Comment.pdf,Mass Wildlife: 8.27.2026 Mass Wildlife Decision Letter.pdf,Rev Plans: 260909 Rev Site Plan Fire
138 Station 3.pdf, Stormwater Review: 260818_1 stHW_SWPeerReview FireStation_3.pdf,Resp to 1st Peer Rev:
139 260909 Fire Station 3 Response Letter.pdf,260909 Rev Site Plan Fire Station 3.pdf,260909 Rev Stormwater Report
140 Fire Station 3.pdf,291 Mass Ave: LSPR: 260922 Draft Decision 291 Mass Ave-LSPR-ADU.pdf,Application
141 Detached ADU: Application.pdf,Bldg Comm Use Determination.pdf,Photo existing detached structure.pdf, Site
142 Plan-Floor Plans-Elevations.pdf,Continuance Request:Request for Continuance to 10.23.2026.pdf,Department
143 Review: 260708 Conservation Comment.pdf,260708 NAPD Comment.pdf,260803 DPW Water& Sewer
144 Comment.pdf,ZBA Denial Letter: 260730 291 Mass Ave Denial.pdf,Draft 2027 Planning Board Meeting
145 Schedule: DRAFT-2027 PB Meeting Schedule.xlsx;Meeting Minutes: DRAFT- September 8,2026 Planning
146 Board Meeting Minutes.docx,DRAFT- September 8,2026 Planning Board Meeting Minutes.pdf; Staff Report:
147 260922 Staff Report.pdf
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