Planning Board Recommends Adoption of MBTA Communities Warrant Articles

Melmark proposal includes coffee shop open to community, with occupational training opportunities

The Planning Board met last night with all members present. There were no committee reports.

Applicants for the Tewksbury Dental Associates overflow parking at 1438 Main St. requested yet another continuance, this time to April 8. The board also continued a site plan review for 20 Glenwood Rd.

In her Town Planner’s report, Community/Economic Development Planner Alexandra Lowder advised the board of several pending hearings for April 8. She also reminded residents of her office hours, which continue through April, and of the annual town election happening on April 6. In addition, the Wilmington/Tewksbury Chamber will hold a free puppy adoption and business expo event on Wednesday. Learn more here.

After approving a pair of family suites, the Planning Board heard from Tewksbury Facilities Manager Vinnie Bomal about new signs planned for the Tewksbury Library and Senior Center. Both are looking to replace their manual message boards with electronic ones that maintain the look and feel of the current boards. While the town is technically exempt from the sign bylaws, Lowder said she wanted to follow the process. Both requests were approved unanimously.

MBTA Communities
Lowder updated the board on the Zoning Bylaw amendments to be presented at May Town Meeting to bring Tewksbury into compliance with the MBTA Communities law. She pointed out that former Governor Charlie Baker attached the law to an economic development bill for a reason.

“The bill itself was a response to the state’s struggle to attract and retain employers and to slow or stop the mass exodus from Massachusetts, particularly among 25 to 34 year olds,” she said. “There’s not enough housing stock for employers to feel they can comfortably expand here and expect their employees to live a reasonable distance from work.”

She pointed out that the law is not a mandate to build, nor does it force the community to accept development unfettered. 

“What it does do is place the zoning over a part of town, should a private property owner want to utilize it,” she said. “But they’re not required to do so.”

Vinny Fratalia, while expressing his dissatisfaction with the law, asked Lowder to clarify the number of units that would be allowed in the proposed zone, which includes Tree House, Al Fresca and other thriving businesses that are unlikely to raze their buildings. 

Answer, about 1,200. The zone submitted to the state is Main Street A, an 84-acre site bordered on one side by Shawsheen St. that runs from Oakdale Plaza and the Shell Station to just after Jon Ryan’s Pub. It encompasses the Tree House Brewing lot and buildings but not the golf course, as that is protected open space. See the full plan here.

Fratalia also asked whether the units would be rentals; Lowder clarified that there are a variety of options, and the expectation would be that some would be townhomes or condos.

“This bylaw amendment puts the town in an advantageous position where it brings us into compliance with the law and it offers the potential for some multifamily housing to possibly be built near grocery stores, restaurants, a gym, a dry cleaner and the post office — creating the best likelihood for a walkable community,” said Lowder.

Nick Lizotte, while also not a fan of the law — a common theme — said he believes it’s in the town’s best interests to be in compliance and not expend resources fighting with the state.

“This allows us to be an active participant in this bill and really, actually have some say in how we shape the town,” he said. “I also don’t think it’s the best use of the town’s finite resources to wind up in a fight with the state, which is also using your tax dollars to then sue the town.”

Jim Duffy asked about a possible strain on the school system. Lowder said the vast majority of new students are in single-family homes. Very few are from multi-family units. And of course, our schools have had declining enrollment over the past decade.

“The housing situation we’re in now is certainly a crisis,” said Ciampa, saying there used to be many generations of families in town. “It’s something we need to do.” 

Chair Stephen Johnson pointed out the EOHLC and the Attorney General approved the article that will go before Town Meeting, so amending the article on TM floor is risky and could easily put the town out of compliance. 

“The town is not required, nor is it empowered to build units,” said Johnson. “You’re talking about potentially decades before any of that space may even open up.”

He added that should the town follow Milton’s lead and defy the state, there are 13 grants that the town would be immediately be disqualified for — including some funds already committed to projects.

“I never advocate for the idea of having to pay for both ends of a lawsuit,” he said. “We are going to lose that battle.” 

Fun fact: Milton is paying counsel “in the neighborhood of” $900 per hour as it prepares to take its case to the Massachusetts Supreme Judicial Court in October.

The board’s tl;dr: Towns, including Tewksbury, will be forced to comply with the MBTA Communities law, and Lowder has done an excellent job coming up with the best zoning option. They unanimously recommended that Town Meeting adopt without amendments the MBTA Communities bylaw and associated map. 

They also unanimously signed off on a special permit for Taste of the Himalayas’ new sign.

Melmark First Look
Attorney Christopher Vaccaro of Dalton and Finegold and Randy Myron of Bolton Engineering appeared for Melmark, which is proposing an educational housing development on the 4.83 acre parcel, as seen below.

Melmark is a leader in providing educational services for people with intellectual and developmental disabilities, many of whom have autism. This project falls under the The Dover Amendment, a Massachusetts law that exempts certain land uses from local zoning regulations. Nonprofit educational corporations fall under that umbrella, meaning the Planning Board has limited ability to regulate the project. 

There will be 16 to 20 individuals in residence on the campus and an additional 40 to 45 day students. Some of the planned 35 employees will also live onsite. There is a Melmark school at 460 River Rd. in Andover, which will host an open house on April 3.

The site is not seen as a major traffic generator, given the limited number of students. While the trip generation memo suggests 190 vehicles, that is likely an overestimation for the campus as it includes the existing businesses at the site.  

Christina McMahon of Caveney Architectural Collaborative showed a flyover view of the campus, including a greenhouse and a retail coffee shop in the ground floor of a mixed use building at the front of the campus. She said the plan is to open the shop to the public and offer opportunities for residents to gain some vocational experience.

The campus is heavily focused at the rear of the site, with a cluster of residential buildings around a courtyard.

Board members praised the design. Fratalia asked about security cameras, while Ciampa asked about concrete sidewalks. Lizotte made a suggestion of connecting sidewalks and crosswalks to increase pedestrian safety. Jim Duffy also mentioned more ADA-accessible parking spaces throughout the site and that the new infiltration systems may actually improve the water runoff situation for abutters.

“I think it’s a nice setup,” said Johnson, summarizing the overall board consensus. 

A number of Merrimack Meadows residents disagreed. Several speakers stated that there is an existing rodent problem at Merrimack Meadows and expressed concern about construction making the infestation worse. Johnson stated that this is an issue for the Building Inspector or Board of Health. There were additional concerns about traffic and stormwater runoff.

Linda Paris of 10 Merrimack Meadows Lane also questioned the potential for pedestrians.

“This is adults that are there, so adults can get up and walk around and go places,” said Paris. “How many are going to decide they’re going to go walking in Merrimack Meadows, which is private property?” 

Richard Destafano of 96 Merrimack Meadows Lane noted the recently updated traffic lights at River Rd. and Andover St., which have significantly improved the intersection. He asked for a fence to separate the properties.

“It is private property, and we’d like to keep it that way,” said Destefano. “We want to keep it for the residents.”

Donna Mahan of 28 Merrimack Meadows Lane also asked if there is a way to prevent people walking through the neighborhood.

“There are a lot of kids, we don’t want strangers going through — how are you going to prevent that happening?” she asked. 

With the majority of Merrimack Meadows residents echoing those concerns, proponents said they would get back to the board on the feasibility of locking down the campus. 

Resident Donna Arvidson of 21 Carlton Rd. struck a different tone.

“If you have a family member or friend with a developmental disability, you know that they’re often very caring and loving individuals who need some help,” said Arvidson. “And the staff at Melmark are very caring individuals themselves who are just looking to help adults gain some independence and vocational training … I’m thankful they want to be a part of our community.”

Bill Ahearn, a VP with Melmark, called out the training offered on the campus.

“This is a developmentally disabled population — many of these people have had brain injuries, they have autism,” said Ahearn. “This is a project which is really designed to address the needs of a vulnerable population who needs housing and, in particular, needs education, needs occupational therapy. That coffee shop, I believe, will be a place that some of these people can work and pick up some developmental and some occupational skills to help them navigate this world that we live in.”

He stressed that the mission is to help a population that really needs support.

“I think it’s a great idea and a great program and a great asset to the community,” said Duffy, who has done some work with similar programs. “I think the coffee shop is a fantastic idea for some of those workers, and hopefully they can work in other businesses in the area as well.”

Melmark will return on April 29. The board meets next on April 8.