HomeMy WebLinkAbout2026-10-06 Planning Board Minutes Sean Kevlahan, Chair
John Simons, Vice Chair
•
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Denevan O'Connell
Bral Spight,Associate
Tuesday October 6, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
Present/Planning Board: J. Simons,P.Boynton,D. O'Connell
Absent: S. Kevlahan,K.Kelly,B. Spight
Staff Present: J.Enright
J. Simons: The Planning Board meeting for October 6,2026,was called to order at 7:00 p.m.
ANR PLAN
169 Chestnut Street/18 Quail Run,John P.Cahill: Lot line change.
J.Enright: Presented that the proposal entails a minor lot line adjustment designed to enhance driveway access.
10 Noted that all other site conditions remain unaltered,with the subject parcels retaining their required land area,
11 frontage, and adequate access.
12 MOTION: P.Boynton made a motion to authorize the Planning Director,Jean Enright,to sign the Form A-
13 Approval Not Required. The motion was seconded by D. O'Connell. The vote was 3-0,unanimous in favor.
14
15 J. Simons: Opted to take agenda items out of order while waiting for a fourth Board member to arrive.
16
17 DISCUSSION ITEM
18 Potential Zoning Bylaw Amendments,Samantha Carr,Staff Planner: To bring North Andover's regulation of
19 Small Clean Energy Infrastructure Facilities,including solar and battery electric storage systems,into conformance
20 with state requirements as specified in 225 CMR 29.00 and Chapter 239 of the Acts of 2024.
21 Article 2 Definitions
22 Article 4 Buildings and Uses Permitted: Industrial District Permitted Uses;Industrial 2 District
23 Article 8 Supplementary Regulations: Part 10 Wind Facilities and Part 12 Solar Energy Systems
24 Article 8 Supplementary Regulations: Part 3 Site Plan Review
25 New Article 21 Clean Energy Regulations:
26 Part 1 Small Energy Infrastructure Facility Regulations
27 Part 2 Solar Energy Systems
28 Part 3 Wind Facilities
29 Part 4 Battery Electric Storage Systems
30 J.Enright: Indicated that they would begin directly with the proposed redline edits. She noted that numerous
31 sections of the existing bylaw will be impacted by the proposed small energy infrastructure facility regulations.
32 Accordingly, she advised that the Board review the initial four bylaw amendments first. The proposed Article 21
33 (Clean Energy Regulations) which incorporates regulations for solar and wind power,as well as a newly drafted
34 section for battery energy storage systems can then be addressed. She further recommended deferring the
35 discussion on battery energy storage systems to the following meeting given the more complex nature of those
36 provisions.
37 S. Carr: Offered to provide a brief highlight of the key points or conduct a line-by-line review to address any
38 questions.
39 Board: Stated they would like a brief overview of the highlights.
40 S. Carr: Started with Article 2,presenting an overview of proposed net-new terms(in red)and edits to existing
41 definitions(in blue)within the zoning bylaw.Noted that the updates introduce terms for clean energy infrastructure
42 within the new consolidated permitting pathway,including anaerobic digestion facilities,battery electric storage
43 systems,energy and resource recovery facilities in the I2 district,and geothermal energy as referenced in the I2
44 district and MBTA multifamily housing overlay zone.
45 P. Boynton: Inquired if this is specific for residential only.
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Sean Kevlahan, Chair
John Simons, Vice Chair
•
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Denevan O'Connell
Bral Spight,Associate
Tuesday October 6, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
46 S. Carr:Explained that under the existing scope of the bylaw,this specific clean energy use is not covered by the
47 state's consolidated permit pathway for small facilities. Consequently,as currently written in the code,it represents a
48 supplemental clean energy use permitted exclusively as accessory to residential structures.
49 P. Boynton: Questioned if that's an additional use.
50 S. Carr: Confirmed that is an additional use. She noted that for solar energy systems, state proposals shift from
51 square footage caps to energy capacity models to classify project size,and definitions are being updated accordingly.
52 J. Simons:Asked whether a definition or a similar provision currently exists for a research and development
53 facility.
54 J.Enright: Replied no.
55 J. Simons: Questioned if that definition came from other sources.
56 S. Carr:Mentioned that she conducted a research review of other municipalities permitting the use,incorporating
57 language from Somerville due to its significant concentration of such facilities. She added that these were evaluated
58 against alternative definitions to determine the best fit for the local context. Stated that several definitions may
59 appear circular upon further examination,particularly within Article 21. Told the Board that they can revisit and
60 refine the phrasing of these terms at any point as the review proceeds. Said there are minor redline edits to Article 4,
61 Part 4, Section K(2)for the I2 District industrial uses to align with the proposed consolidated permitting pathway.
62 The existing text for renewable or alternative energy research and development or manufacturing was updated to
63 explicitly add anaerobic digestion facilities as a permitted use.Wind and solar were struck because they will now be
64 governed town-wide under Article 21 according to the table of uses. Other previously codified uses,including
65 biomass and tidal,were retained;these carry a minimum lot size requirement of 25 acres,or 10 acres by special
66 permit.Language was also added noting that anaerobic digestion facilities can optionally utilize the alternative
67 consolidated approvals pathway under Article 21,allowing applicants to follow either standard I2 district
68 requirements or the consolidated permitting route.Inquired if the Board would like to move on to Article 8.
69 Board: Confirmed they would like to move forward with Article 8.
70 J.Enright: Cautioned that several proposed modifications represent general housekeeping adjustments to enhance
71 overall readability.
72 S. Carr:Presented proposed edits to Article 8,Part 3 (Site Plan Review), specifically§195-8.17.1 and§195-8.17.3
73 for Limited Site Plan Review,along with corresponding renumbering of cross-referenced subsections to align with
74 strikethrough revisions.
75 P. Boynton: Inquired whether the majority of these changes were primarily routine administrative edits.
76 S. Carr:Affirmed that many of the strikethrough modifications on pages one through three were gathered into the
77 Limited Site Plan Review section to establish a centralized reference for users.Referring to page four, she noted that
78 the first revision in§195-8.17.1 changes the naming convention by replacing the detailed list of allowed uses with
79 the title "Limited Site Plan Review," allowing flexibility for future uses. She added that updates to the Purpose
80 section consist of routine language cleanup.
81 J.Enright: Highlighted subsection D as the primary change,noting the addition of solar and battery electric storage
82 systems as Dover protected uses.Added that these Dover uses were previously separate and omitted from Limited
83 Site Plan Review.
84 S. Carr:Explained that listing each use separately streamlines quick browsing.Highlighted that battery electric
85 storage systems are treated as Dover Amendment—protected uses per state land-use case law.Noted that redlined text
86 in the Purpose section was relocated from other parts of Article 8,Part 3 to consolidate information.Moving to page
87 5,numerical edits adjust formatting for subcomponents of limited site plan review requirements. The following
88 section on decision issuance and revisions pulls from struck-through text and former§ 195-8.17.3 to provide clear
89 guidance on decision issuance,plan revisions,and waiver processes when public health and safety are not
90 compromised. Summarized the proposed changes as a two-part update: general housekeeping and clarification of
91 applicable clean energy uses,specifically solar and battery storage projects.
92 D.O'Connell: Requested confirmation that the rest of the pages within the packet are all strikethroughs.
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Sean Kevlahan, Chair
John Simons, Vice Chair
•
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Denevan O'Connell
Bral Spight,Associate
Tuesday October 6, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
93 S. Carr: Clarified that the remaining pages consist of housekeeping updates. Explained that Article 8 previously
94 contained two sections Part 10(Wind Facilities)and Part 14(Solar) which are now being struck through to
95 preserve the existing article formatting and avoid renumbering subsequent sections,particularly given the substantial
96 content in Part 8. These sections will be intentionally left blank to accommodate future supplementary regulations,
97 with all relevant text transposed into Article 21 for consideration.Elaborated that the rationale for this structure
98 stemmed from the expansion of clean energy regulations. The objective was to create a centralized,organized
99 resource where individuals can access information regarding both the new consolidated permitting pathway and the
100 specific regulations established for distinct clean energy uses in town namely solar,wind,and the proposed battery
101 electric storage system bylaw.
102 J.Enright:Asked whether the Board wished to proceed to Article 21,which contains the relocated wind and solar
103 regulations along with the new battery energy storage system bylaw.Noted that Bral was absent,had been emailed
104 regarding his availability,and had not yet replied.Added that the remaining agenda items were public hearings.
105 Board: Stated that a 10-minute recess would be taken to determine if an additional Board member would arrive.
106 Noted that because only 3 members were in attendance and a minimum quorum of 4 is required to vote,no action
107 could be taken on the public hearing items.
108
109 Data Centers:Potential moratorium warrant article.
110 J.Enright: Mentioned that a sample data center moratorium was provided alongside the letter issued to the
111 Department of Public Works requesting a presentation at the upcoming Planning Board meeting.Noted that while
112 she and administrative assistant Ashley Barnes continue to compile relevant moratorium examples and articles,
113 presenting these details before receiving the DPW presentation would be premature.
114 J. Simons: Inquired as to whether the upcoming DPW presentation would be general or specific in scope.
115 J.Enright: Clarified that the presentation will strictly address the queries in the memo focusing primarily on
116 historical and current lake levels and how data centers might influence them,rather than on general lake quality.
117 J. Simons: Emphasized that reviewing long-term water consumption patterns and evaluating the prospective impacts
118 of a facility like a data center would be valuable.
119 J.Enright: Referenced the prior request regarding the Royal Crest evaluation,which contained usage data.At that
120 time,the top water users could not be identified,and developing software for tracking was advised.However,
121 because the town had previously engaged Weston&Sampson,that data is expected to be included in DPW's
122 upcoming presentation.Additionally,Weston&Sampson put forward 17 recommendations,and an update was
123 requested regarding which ones have been implemented.
124
125 MEETING MINUTES: September 22,2026 meeting minutes.
126 MOTION: D.O'Connell made a motion to approve the meeting minutes for September 22,2026. The motion was
127 seconded by P.Boynton. The vote was 3-0,unanimous in favor.
128
129 MOTION: D. O'Connell made a motion to recess the Planning Board meeting for 10 minutes.P.Boynton seconded
130 the motion. The vote was 3-0,unanimous in favor.
131
132 CONTINUED PUBLIC HEARING
133 291 Massachusetts Avenue,Donna Backman: Continued until October 20,2026.Application for construction
134 of a Detached Accessory Dwelling Unit(ADU)permit under Article 8 Supplementary Regulations Part 3 Site Plan
135 Review and Part 14 Accessory Dwelling Unit of the Zoning Bylaw to authorize construction of a detached ADU.
136 The property is located in the Residential 4 zoning district.
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138 0 Berry Street(Map 108.0 Lot 10 corner Berry Street/Turnpike Street),Town of North Andover:Application
139 for Site Plan Review and Modification of Landscaping requirements special permits under Article 8 Part 1 Off-
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Sean Kevlahan, Chair
John Simons, Vice Chair
•
TOWN OF NORTH ANDOVER Peter Boynton
PLANNING BOARD Kate Kelly
Denevan O'Connell
Bral Spight,Associate
Tuesday October 6, 2026 k 7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845
140 Street Parking and Loading §195-8.8 Special Permits,Article 8 Part 3 Site Plan Review,and Article 10
141 Administration Section 195-10.7 of the North Andover Zoning Bylaw.Applicant proposes construction of a new
142 Fire Station with associated driveways,parking area,utilities and site grading. The site is located within the
143 Residential 2 and I3 zoning district with proposed development located in the R2 portion of the parcel.
144
145 NEW PUBLIC HEARING
146 61 Country Club Circle,Mike Zimmerman: Application for a Watershed Special Permit under Article 4
147 Permitted Buildings and Uses Part 5 Watershed Protection District and Article 10 Administration Section 195-10.7
148 of the Zoning Bylaw to authorize construction of a three-season porch addition,permeable paver patio,and
149 associated Stormwater recharge improvement within the 400'Non-Discharge zone of the Watershed Protection
150 District. The property is located in the Residential 1 zoning district.
151
152 MEETING ADJOURNMENT:
153 Board: Stated that because only 3 members were in attendance and a minimum quorum of 4 is required to vote,no
154 action could be taken on the public hearing items. The public hearings for 291 Massachusetts Avenue,0 Berry
155 Street,and 61 Country Club Circle will be continued to the next meeting on Tuesday October 20,2026. The Board
156 expressed its apologies to attending applicants and members of the public for any inconvenience caused.
157 MOTION: D' O'Connell made a motion to adjourn the October 6,2026 Planning Board meeting. The motion was
158 seconded by P.Boynton. The meeting adjourned at 7:35 p.m. The vote was 3-0,unanimous in favor.
159
160 MEETING MATERIALS: October 6,2026 Planning Board Agenda.docx,October 6,2026 Planning Board
161 Agenda.pdf,Revised October 6,2026 Planning Board Agenda.docx,Revised October 6,2026 Planning Board
162 Agenda.pdf, 0 Berry Street: Locus.pdf,Application: 2455-Fire Station 3- Submission Letter(07-22-2026).pdf,
163 2455-Fire Station 3-Site Plans(07-20-2026).pdf,2455-Fire Station 3-Stormwater Report(07-20-2026).pdf,
164 2455-North Andover FIre Station 3 -Architect Renderings.pdf,2544-Fire 260911 Waiver Requests Station 3.pdf,
165 2544-Fire Station 3-Site Plan Review and Special Permit Application(07-20-2026).pdf,260818 Letter of
166 authorization.pdf,260911 Fire Station 3 Community Impact Analysis.pdf,Department Review: 260728 NAFD
167 Comment.pdf,Mass Wildlife: 8.27.2026 Mass Wildlife Decision Letter.pdf,Photometric Plan: 2026-09-29 NA
168 STATION 3_Exterior Lighting Package.pdf,Rev Plans:260909 Rev Site Plan Fire Station 3.pdf, Stormwater
169 Review: 260818_1 stHW_SWPeerReview_FireStation_3.pdf,261005_2ndHW_SWPeerReview2_FireStation_3.pdf,
170 Resp to First Peer Rev: 260909 Fire Station 3 Response Letter.pdf,260909 Rev Site Plan Fire Station 3.pdf,
171 260909 Rev Stormwater Report Fire Station 3.pdf,Topo Comments: 260929 Con Comm.pdf, 61 Country
172 Circle: 261006 Draft Decision WSP 61 Country Club Cir.pdf,Department Review: 260903 Conservation
173 Comment.pdf,260904 NAPD Comment.pdf,260909 DPW Water-Sewer Comment.pdf,Revised Site Plan: 260928
174 Rev Site Plan R1.pdf, Stormwater Review: 260916_I st_HWSWPeerReview_61 CountryClubCircle.pdf,
175 261001_2nd_HWSWPeerReview_61 CountryClubCircle.pdf,Resp to First Peer Review: 260928 Rev O&M Plan
176 R1.pdf,260928 Rev Site Plan_R1.pdf,260928_HW_Response_61 CountryClubCircle.pdf,WSP Application: 2026
177 09 02-Plan Set.pdf,2026 09 03 - Site Plan.pdf,2026 09 03 -Watershed Special Permit Application.pdf, 169
178 Chestnut St- 18 Quail Run: 260926 ANR Plan.pdf,261001 ANR Application.pdf,Data Centers: 10.5.2026 N.
179 Reading moratorium article.pdf,260928 Letter to DPW Re Meeting Attendance.pdf;FY27 Budget Bill-Ch 40A
180 Changes: ZBA-Chapter 40A Changes from FY27 Budget Bill-August 18 2026.ppt;Meeting Minutes:DRAFT-
181 September 22,2026 Planning Board Meeting Minutes.docx,DRAFT- September 22,2026 Planning Board Meeting
182 Minutes.pdf, Small Clean Energy Infrastructure Facilities: Proposed Bylaw Amendments:Article 2
183 Definitions.pdf,Article 4 Building&Permitted Uses-I2.pdf,Article 8 SPR,Wind, Solar.pdf,New Article 21 Clean
184 Energy Bylaw.pdf; Staff Report: 261006 Staff Report.pdf
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