The Planning Board met on Monday, September 14, for a lengthy session covering open forum updates, a continued public hearing on proposed zoning amendments for small clean energy facilities, several site plan and subdivision matters, a property rebranding presentation, and ongoing issues related to land disturbance and a proposed subdivision modification on Kinloch Drive.
Clean energy zoning amendments headed toward Special Town Meeting
The board reopened the public hearing on proposed amendments to the zoning bylaw for small clean energy and infrastructure facilities.
The discussion centered on battery energy storage systems and ground-mounted solar installations, including how many local reviews should be required, and how the regulations should apply in the town’s water-resource protection overlay districts.
Staff reported recent correspondence from the Board of Water Commissioners recommending that battery energy storage systems (BESS) be prohibited in Zone 1 of the Water Resource Protection Overlay District and considered carefully in Zone 2. Town counsel and staff advised that a complete prohibition in Zone 1 is reasonable, given the limited land area and proximity to drinking water sources, while a special permit process in the larger Zone 2 areas would allow case-by-case review and better align with state expectations for Attorney General approval.
The board also discussed keeping ordinary residential battery installations from being subjected to an unnecessarily burdensome review process, while allowing larger systems to receive additional scrutiny.
Kelly Lynema of NMCOG reviewed updates based on the Department of Energy Resources’ revised model zoning, including strengthened language on fire suppression and other protections.
Recommendations differed slightly from the board’s August 17 discussion regarding small and medium ground-mounted solar in residential and business districts, and the treatment of large ground-mounted solar (special permit recommended for certain accessory uses in residential and business districts).
Building-mounted or canopy solar capacity up to 25 megawatts aligns with the state model bylaw. The board indicated support for adjusting several categories to special permits in the relevant districts and directed staff to refine the language for consistency with existing site plan review processes.
The Planning Board continued the clean energy zoning hearing to Oct. 5, which is expected to be the board’s final meeting before the fall Special Town Meeting. Board members also said they want educational material available explaining the jurisdiction of the state Energy Facilities Siting Board before Town Meeting.
Kinloch Drive clearing remains under discussion
The Kinloch Drive discussion centered on land that was cleared beyond the limits associated with the existing subdivision and stormwater approvals.
Assistant Town Manager Jeff Morrissette said the applicant had not yet submitted revised materials addressing the stormwater and subdivision issues. The board also reviewed observations from a recent site visit, which staff emphasized was fact-finding rather than a deliberative meeting.
The board discussed drainage and ponding near abutting property owned by the Conway family. The applicant said final paving was expected by Nov. 15 and committed to resolving the runoff issue within 60 days, either through paving, a solution designed to retain water on the applicant’s property.
Board members explored options including a fine or more targeted mitigation such as additional screening plantings and a no-disturb area or planting easement along the shared boundary.
The applicant expressed willingness to install additional landscaping, have a specimen tree evaluated by an arborist if requested, coordinate grading on the Conway property to improve rear access as a condition of any modification approval, and address performance-based stormwater requirements for future lot development.
Morrissette and Town Planner Joe Giniewicz both noted that engineering review comments on the modification remain primarily stormwater-related, prior waivers granted for a two-lot project would need re-evaluation in a three-lot context, and the applicant has agreed to provide a time extension.
The board directed Morrissette and Giniewicz to work with the applicant on a draft agreement addressing the clearing issue and to facilitate proposals for access improvements. Town counsel will be consulted regarding any implications of a prior court decision.
The matters remain open for further discussion, with continued work expected ahead of future meetings.
Cornerstone Square to become “Cornerstone at Westford”
The board also heard from the new property manager for Cornerstone Square, which was acquired by Regency Centers in July.
The new ownership plans to rebrand the shopping center as Cornerstone at Westford. The property is expected to receive a cosmetic makeover, including new exterior paint and murals, with work anticipated to take approximately 45 days. Market Basket and Burtons Grill & Bar will not be painted as part of the project, because of existing arrangements with those tenants.
Board members generally supported the appearance, but requested that architects review the Route 110 Master Plan for material guidance, that Assistant Town Manager Jeff Morrissette and Town Planner Joe Giniewicz coordinate on parking and traffic impacts during construction, that overnight lighting be managed carefully given nearby research facilities, and that any future signage changes be reviewed in advance.
The board also raised concerns about vehicle access and traffic safety along an internal roadway through the shopping center, including whether restripping or other changes could reduce the possibility of large vehicles obstructing access.
Members approved minutes from both the July 27 and August 17 meetings.
Open forum and other board actions
The applicant for 174 Littleton Road requested a continuance without discussion, to the board’s October 5 meeting. The board continued the sign permit application to October 5.
For 2 Depot Street, Mark Wendell of AIA Interior Architects, representing Verizon, presented a minor modification for outdoor generator screening. The generator footprint and orientation remain the same, though the unit is slightly taller due to updated specifications. Screening consists of cedar fencing on two sides, with existing building and fencing on the others, plus protective bollards. A prior sound study remains applicable, the unit will operate for emergency use or monthly testing (one hour between 8 a.m. and 5 p.m.), and no additional lighting is proposed.
The board voted unanimously to accept the changes.
Regarding the definitive subdivision at 35 West Prescott Street, the board approved a covenant associated with a subdivision, but declined to endorse the subdivision plans until several plan discrepancies and clarifications were addressed.
Among the issues raised were easement documentation, references to parcels that were difficult to identify on the plans, and questions concerning a small parcel that is not intended to become part of the roadway.
The board voted to accept the subdivision plans with comments that the plans would not be endorsed until revisions addressing the concerns are submitted.
Board member Joanne Croteau provided a brief update from the Affordable Housing Trust, stating that Northern Middlesex Council of Governments (NMCOG) has begun work on the town’s five-year Housing Production Plan following a kickoff meeting the prior week. She described it as an important effort.
Mike Berlinski, Chair of the Clean Energy and Sustainability Committee, announced a public information forum on the Massachusetts Specialized Energy Code scheduled for Thursday, October 1, at 7 p.m. The session will be held both in person and via Zoom, with a recording to be made available afterward. The committee hopes the code will appear on the fall Town Meeting warrant, similar to a prior proposal.
