The Planning Board – November 18th & December 16th Key Takeaways

The November and December Planning Board meetings discuss town events, new ADU regulations, and special permit applications.

Chair Stephen Johnson called both November 18th and December 16th meetings to order, with all board members present.

A motion was made to approve the meeting minutes from October 21st, 2024, and November 18th, 2024, at each meeting. There were no Committee Reports.

In her Town Planner’s report, Community/Economic Development Planner Alexandra Lowder noted there are no hearings scheduled for January 13th.

She reminded the town that Tewksbury Community Market will be holding two more indoor markets at the Senior Center at 175 Chandler Street, scheduled for January 9th and February 13th. They will feature many of the same vendors from the Summer market. Visit tewksburymarket.com for more details.

Lowder continued, acknowledging the wrap-up of the town’s first-ever Tewksbury Restaurant Week. It ran from Saturday November 30th, in honor of Small Business Saturday, through Saturday December 7th. It was a way for the town to promote local businesses and introduce residents to new food establishments in town.

She also highlighted the December 6th Annual Holiday Celebration and Tree Lighting which saw over 500 residents in attendance. She thanked all those who came and all those who participated in putting it together, such as the Wilmington Tewksbury Chamber of Commerce, the Tewksbury Congregational Church, Tewksbury Funeral Home, and the Garden Club.

Lowder went on to explain the new ADU regulation. The state has issued draft regulations for protected Accessory Dwelling Units (ADUs). An ADU is defined as a self-contained housing unit with its own sleeping, cooking, and sanitary facilities, and a separate entrance. It cannot exceed half the size of the primary dwelling or 900 square feet.

The new regulations, effective February 2, 2025, will allow ADUs to be constructed “by right” in most municipalities, meaning no special zoning approval is needed unless more than one ADU is proposed per lot. Local Planning Boards will still be responsible for granting special permits for Family Suites and additional ADUs.

Existing bulk dimensional requirements (e.g., setbacks, lot coverage) will remain in effect. The staff will review the proposed regulations and submit clarifying questions for better implementation in collaboration with other communities. Public comments on the regulations are being accepted until January 10, 2025.

Additionally, the Department of Environmental Protection (DOER) has amended regulations for the Large Building Energy Reporting Program, which requires buildings over 20,000 square feet to report energy usage, including oil, propane, wood, and renewable energy. These reports are due by June 30, 2025. DOER will release a final list of covered buildings by March 30, 2025, and the first public disclosure will be on December 31, 2025.

A virtual listening session on this topic will be held on January 29, 2025.

2025 Meeting Calendar

Stephen Johnson discussed the 2025 calendar schedule with his fellow board members, and no conflicts were identified. A motion to approve the 2025 calendar was made and passed unanimously.

Scenic Drive – Approval Not Required Plan

Troy Sterns of Civil Design Consultants Incorporated, spoke on behalf of the applicant and owner, regarding an application for the endorsement of a plan for properties at 10 and 20 Scenic Drive, located in the R-40 zoning district. The purpose of the application is to reconfigure the interior lot line between the two properties to allow for future construction, including a swimming pool and a potential residence on 10 Scenic Drive. Currently, a single-family residence exists on 20 Scenic Drive.

Sterns noted that the properties do not comply with Section 5.3.1.8.2 of the zoning law, which prohibits construction on lots lacking an area where a circle with a diameter of 80% of the minimum lot frontage can be tangent to the lot frontage. This specific zoning provision was enacted after the subdivision was approved by the Board in 2015, meaning the properties are pre-existing nonconforming. Despite this, the applicant believes that the proposed changes align with the intent of Section 5.3.8.3, which allows for the creation or increase of nonconformity. The applicant also confirmed that the plans comply with all other dimensional requirements for the R-40 zoning district.

The board discussed and approved the plan without requiring further approval. Vinny Fratalia made the motion and it was seconded and carried unanimously.

30 East Street Remand Decision Confirmation

Stephen Johnson explained the purpose of the item, which was to reiterate a decision made in an executive session to resolve a court case.

Nick Lizotte and Alex Lowder confirm the revised language presented in the executive session, with a motion to confirm made by Alex Lowder.

159 Lorum Street Special Permit Application

Dan Markow, owner of Markow Capital Inc., and Jonathan Vargas, Director of the Life Sciences Division, from Sterling Companies presented the application for a special zoning permit for 159 Main Street. The building, which is lab grade, would be used for climate-controlled storage for the life sciences industry.

The applicants plan to employ 30-35 people initially, with a fleet of lab ops technicians servicing life sciences companies.

The board discussed parking, traffic, and fire safety concerns, with the applicants proposing a 400-kilowatt generator for backup power.

The board confirmed the special permit with conditions, including building permits, exterior signage compliance, and public safety system overviews.

485 Main Street Site Plan Review

George Atallah from Lebra Engineering and Design presented the site plan review for the addition of a residential unit on top of an existing business at 485 Main Street.

The board discussed drainage issues, parking lot design, and the need for a single driveway entrance due to the frontage being less than 200 feet.

The applicants agreed to rework the parking area and address other outstanding issues, with a continuation of the hearing until January 13th’s meeting. The board emphasizes the need for finalized plans and compliance with zoning requirements before the next meeting.

821 Main Street Special Permit

David Plunkett, representing the applicant, and Jim Hanley of Civil Design Consultancy presented the proposal to replace the old French’s restaurant lot with three lots, including two duplexes and a single-family home, totaling five dwelling units.

Hanley detailed the existing conditions, proposed improvements, and the dimensional compliance of the new development. The board discussed the parking arrangements, landscaping, and potential issues with light trespass and line-of-sight concerns.

Lowder clarified that the board was only considering the approval of the requested lot sizes. Plunkett asked if the applicant could submit a plan with the actual dimensions for record-keeping purposes, to which the board agreed.

The board voted to approve the special permit to allow the reduction of lot size.

1628 & 1636 Shawsheen Street

Keri Armstrong of Johnson & Borenstein and Andy Pojasek of Dana F. Perkins, Consulting Engineers and Land Surveyors, presented an application on behalf of the applicant for a special permit. The purpose of the permit would allow the use of the property for the sale of lumber, farm supplies, and similar materials.

The existing single-family residence would be converted into administrative office space, and the land behind would be used for storage of materials. Pojasek shared the Conservation Commission’s concerns about wetlands and the revised plan to eliminate work within the wetlands.

The board discussed several important considerations regarding the application, including the need for bike racks, accessible parking spaces, and the potential impact on traffic and contamination. Jim Duffy and Vinny Fratalia specifically highlighted the necessity of a soil management plan to address potential contamination and the impact of contaminated soil, as well as the possibility of excavation on the site.

Additionally, the board addressed the requirement for a pedestrian walkway and reviewed the layout of parking spaces, considering the use of existing concrete pads for parking.

The board voted to continue the hearing to the next meeting on January 13, 2025.

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The next meeting is on January 13th, 2025. Happy Holidays!