Planning Board tackles Kinloch Drive dispute, clean energy zoning

Planning Board tackles Kinloch Drive dispute, clean energy zoning

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WESTFORD – The Planning Board spent much of its recent meeting addressing two issues that generated significant discussion: a contentious proposal to add a third house lot on Kinloch Drive and a proposed bylaw governing small clean energy infrastructure facilities.

The board also approved a minor setback modification for a home in Colonel Rolls and continued a signage application for Liquor Junction.

Kinloch Drive proposal draws scrutiny

The most contentious portion of the meeting centered on Kinloch Drive, where the board considered both unauthorized clearing that occurred on an existing two-lot subdivision and a separate proposal to divide part of Lot 2 and create a third house lot.

Town staff told the board that additional work had been performed on the property beyond what was authorized under the board’s 2025 approval. Staff members had reviewed the property, aerial imagery and engineering materials before asking the applicant to address the issue.

The applicant acknowledged that the clearing should have been brought before the board first.

Mark Slager of Allen Engineering presented a preliminary proposal for a detention basin to address potential stormwater impacts from the additional clearing. He described it as a possible temporary solution, with a more permanent stormwater solution to be developed as the property is eventually built out.

One board member said the situation was particularly troubling because the board’s 2025 approval had contemplated two lots and included a waiver based on Kinloch Drive serving two lots. The member said the removal of trees also eliminated an important buffer for neighboring properties.

The discussion repeatedly returned to the issue of trust between the town, the applicant, and abutters.

John Conway, a Main Street resident and an abutter, told the board that he believed the applicant should be held accountable for work that went beyond the approved plans. He also raised concerns about stormwater runoff and access to his property from the private way.

Board members ultimately directed town staff and the applicant to work with engineering on a temporary stormwater and erosion-control solution that would not require additional waivers.

The board continued the discussion to Sept. 14 and also agreed to arrange a site visit.

Proposed third lot

Immediately afterward, the board opened a public hearing on a request to modify the subdivision to create a third lot by dividing the existing Lot 2 into Lot 2 and 3, with a roof-drain infiltration system to address the additional impervious surface associated with the dwelling on Lot 3.

Attorney Jonathan Silverstein, representing the applicant, argued that the proposed lot is zoning-compliant and that the road was designed to safely serve the additional home. He also pointed to the applicants’ donation of more than 20 acres to conservation land and argued that the board should focus on whether the proposal meets subdivision and stormwater requirements.

The board wanted additional information before moving forward.

Among their concerns were grading, potential runoff toward neighboring properties, stormwater management, and whether previously granted waivers should be reconsidered now that a third lot is being proposed.

Town staff said the Fire Department had indicated that the additional lot would not affect the proposed right-of-way design, but engineering still needed additional stormwater details.

Several residents spoke against the third lot. They raised concerns about traffic, pedestrian safety, the proximity of homes to the center of town, stormwater and the history of the property.

The board did not reach a final decision on the third-lot proposal during the meeting.

Proposed clean energy zoning moves forward

Next, the board turned to a previously-discussed zoning bylaw amendment proposal, aiming to address small clean energy infrastructure facilities, including solar installations and battery energy storage systems.

Kelly Lynema, Deputy Director of the Northern Middlesex Council of Governments (NMCOG), presented revisions to the draft based on comments from the board at its previous hearing.

The proposed regulations include provisions addressing noise, fencing, emergency response plans and setbacks. Applicants would be required to submit a draft emergency response plan, with the Fire Department reviewing and approving the plan as part of the application process.

Fire Prevention Officer Ryan Monat addressed concerns about battery energy storage systems, emphasizing built-in redundancies, isolation tactics, and the need for emergency response plans reviewed by the department.

Board members discussed use tables, recommending site plan review or special permits in residential, business, and commercial highway districts for certain solar and battery tiers, along with minimum setbacks and potential footnotes for additional fire and safety review.

Public comments came from multiple residents regarding the size, height, and location of the solar systems.

Mike Berlinski, Chair of the Clean Energy and Sustainability Committee, urged the board to distinguish between systems based on size and location, adding that a small residential battery has a substantially different impact from a much larger commercial battery installation.

Another resident told the board that her property had been approached by a company interested in leasing land near a power line for a potential clean energy project. She asked what would happen if Westford did not adopt its own regulations.

Town staff explained that state standards would still apply, but the proposed local bylaw would give Westford additional control over how projects are reviewed locally.

The meeting demonstrated the range of issues facing the Planning Board as Westford considers new clean energy infrastructure while also dealing with long-running subdivision and development disputes. 

Kinloch Drive issues and clean energy zoning proposal will both return for further discussion in September.

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