OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Peabody Planning Board Meeting: May 7, 2026 - Site Plan Reviews and Jurisdictional Issues

Planning BoardThursday, May 7, 2026
BodyPeabody, Massachusetts
SessionPlanning Board
DateThursday, May 7, 2026
StatusFILED
Video Record
0:00 / 1:28:15

Transcript — Verbatim
0:41

First item on the agenda is the approval of the minutes of the fourth 16 2026 meeting.

0:48

Mr.

0:48

Chairman, I'm moving accepting rule for that one.

0:52

April 16th one.

0:56

Dr.

0:57

Idle Second, all those in favor.

1:00

One present.

1:01

One present.

1:03

Next item on the agenda is site building permit plan review to 303 Wall Street, MAP 62 lot 007.

1:13

Continued from the 4th 16, 2026 meeting.

1:18

Just before this goes uh before Attorney Kelty gets up, I just want to provide to the board some information.

1:24

So the community development department has further reviewed this application in front of the board and reviewed it with our city solicitor.

1:30

And under Massachusetts General Law, group homes in the state of Massachusetts considered single family homes under our section 12 of the city zoning ordinance, exempt single family homes and two family homes from the site plan review uh ordinance and application process.

1:46

For that matter, I do not interpret this in our city solicitor does not interpret this application to fall underneath the planning board's jurisdiction.

1:54

And as such, I would recommend or ask kindly that the applicant potentially withdraw, ask to withdraw this application and the vote to accept that withdrawal of this application due to it not falling under our jurisdiction and having no ability to vote on it.

2:11

Thank you.

2:14

Um before you low Street Penis appearing for the uh applicant, we did file uh under uh uh site plan review.

2:26

Uh we filed on the basis of the size of the structure.

2:30

Um I felt as though yes, group homes are uh 48 uh exempt uh from certain regulations.

2:37

I felt that site plan review would be reasonable regulation, which is admissible, uh uh which uh is enforceable.

2:45

The uh news tonight that uh the we are not here uh properly uh because you do not have jurisdiction in as much as group homes fall under single family homes.

2:58

Um I would uh respectfully request uh that this matter be withdrawn from the consideration of the board.

3:09

Do I have a motion?

3:10

Mr.

3:11

Chairman, I would move to allow the petitioner to withdraw his plan uh withdrawal withdrawn with pre without prejudice.

3:21

We have a second uh gagnant, can I roll a call, please?

3:25

Mr.

3:26

Joseph Gagnon, yes, Mr.

3:27

Tom French, yes, Dr.

3:29

GD Cachati, yes, Mr.

3:32

John Ford, yes, Mr.

3:33

Roy Simos Present Mr.

3:36

Jev Saliba?

3:37

Yes, and Mr.

3:39

Thomas Fatten Clark.

3:40

Yes.

3:42

Motion passed.

3:43

Thank you.

3:45

Thank you.

3:46

Next item on the agenda is uh 432 law screen.

3:50

One sec.

3:52

I'd just like to say something of this.

3:53

Yeah.

3:54

Um directed by the city attorney and the rules of the state.

4:01

Uh I I find this highly unusual to have this many people agree with that meeting.

4:08

With with with grave concerns for the neighborhood.

4:13

Yes, it's it'll be but you speak up.

4:17

Yeah, can you review that one more time is a lot of excuse me?

4:26

Why it's not a good idea.

4:28

It's not as good, not a good idea.

4:30

It's just not it does not fall under the jurisdiction of the planning board.

4:33

Due to mass general law and our city zoning ordinance.

4:37

But you said more because under mass general uh group homes are considered single family homes, and under our zoning ordinance, single family homes are exempt from site plan review applications, in so much that this would not be underneath the planning board's jurisdiction to look at uh single family home development.

5:01

Yeah, that's me to the um usually won't do this.

5:08

Uh it's not a public hearing, but I'll put you out for court.

5:14

Thank you.

5:14

Appreciate it.

5:15

Um, still on those four.

5:18

Yeah, my name is Taras Butcherango.

5:21

Huh?

Discussion Breakdown — Share of Meeting
Zoning Changes████████████████████████████████████████████44%
Engineering And Infrastructure████████████████████████████████████36%
Procedural█████████████13%
Transportation Safety████4%
Disability Rights██2%
Public Safety1%
Summary of Proceedings

Peabody Planning Board Meeting - May 7, 2026

The Peabody Planning Board met on May 7, 2026, to consider site plan review applications, a jurisdictional determination for a group home, and other routine matters. The board unanimously approved the prior meeting's minutes, accepted late-filed materials, and continued two major site plan applications to future meetings.

Consent Calendar

  • Approval of Minutes (April 16, 2026): Unanimously approved by roll call vote.
  • Late Ads Accepted: For the 532 Lowell Street application, the board accepted a memo from Community Development Director Kurt Bellavance (dated May 6, 2026) and a letter from MassDOT (dated May 5, 2026) regarding encroachments on state right-of-way.

Public Comments & Testimony

  • 303 Wall Street (Group Home): Several residents spoke in opposition to the proposed group home and expressed concern about two structures on one lot. Speakers noted the project had already drawn unusual public attendance and urged the board to consider neighborhood impacts. Residents also questioned whether future subdivision applications could circumvent planning board oversight. The board acknowledged these concerns but noted the application had been withdrawn and was no longer under its jurisdiction.
  • 532 Lowell Street (Dental Clinic): No public testimony was offered beyond board member questions.
  • 81 Prospect Street (Veterinary Clinic): No public testimony was offered beyond board member questions.

Discussion Items

303 Wall Street (MAP 62 Lot 007) – Group Home

  • Community Development Director Andrew said that under Massachusetts General Law, group homes are considered single-family homes and are exempt from site plan review per the city zoning ordinance. The city solicitor concurred that the planning board lacked jurisdiction.
  • Applicant's attorney, Attorney Kelty, acknowledged the board's lack of jurisdiction and requested withdrawal of the application without prejudice.
  • The board voted unanimously (7-0) to allow withdrawal without prejudice. Members expressed frustration that state law precluded review of a project that had generated significant neighborhood concern.

532 Lowell Street (MAP 35 Lot 28) – Dental Clinic

  • Presented by Rick Salvo of Engineering Alliance and Attorney Kelty. The proposal would convert a former Subway restaurant into a dental office with a 1,500 sq ft addition, 16 on-site parking spaces (down from 23 due to MassDOT encroachment), and new stormwater management.
  • MassDOT’s letter identified 7 existing parking spaces on state right-of-way that must be removed. The applicant holds a variance from the Zoning Board of Appeals for 15 spaces.
  • Community Development noted concerns about inadequate landscaping (applicant committed to provide a plan), proximity to a planned bike path (MassDOT and city engineers reviewing), and required stormwater improvements.
  • Board members questioned parking adequacy (8 employees, 12 dental chairs, patient drop-off patterns), fire truck access (4 ft side setback), and the need for a traffic study waiver.
  • Director Kurt Bellavance updated the board on the bike path project (advertising for bids August 3, 2026) and potential encroachments.
  • The board unanimously voted to continue the application to the next regular meeting (scheduled for May 21, 2026) to allow receipt of Department of Public Services review and revised plans.

81 Prospect Street (MAP 39 Lot 6B) – Veterinary Clinic

  • Presented by Nick Betts of Merlin Associates and architect Chris Kidd. The project would demolish three existing buildings (total ~10,000 sq ft) and construct a single 5,900 sq ft veterinary clinic with 24 parking spaces, new retaining walls, stormwater system, and landscaping.
  • The site had previously received Zoning Board of Appeals variances for building setbacks due to steep slopes. Existing stormwater currently sheet flows onto Prospect Street; the proposal includes catch basins and a connection to the city storm drain.
  • Board members discussed stormwater design capacity (catch basins sized for heavy rain), snow storage areas (grasses planted where snow will pile), sidewalk improvements (120 ft), and the need for a pad-mounted transformer if electrical load exceeds 600 amps.
  • The project is subject to peer review by the Department of Public Services, with no review results available. The board also requested a copy of the bike path construction plans to assess potential conflicts.
  • The board unanimously voted to continue the application to the June 4, 2026 meeting to allow completion of DPS review and further refinement of plans.

Other Business

  • Appointments: None.
  • Subdivision Board Action: None.
  • Documentation: A letter from the Attorney General's office (dated April 17, 2026) regarding zoning relationships was acknowledged and accepted by the board.

Key Outcomes

  • Approval of Minutes: April 16, 2026 minutes approved unanimously.
  • 303 Wall Street Withdrawal: Application withdrawn without prejudice (7-0).
  • 532 Lowell Street Continuance: Continued to May 21, 2026 (unanimous).
  • 81 Prospect Street Continuance: Continued to June 4, 2026 (unanimous).
  • Late Ads Accepted: Memo from Community Development and MassDOT letter accepted for 532 Lowell Street.

Meeting Transcript

First item on the agenda is the approval of the minutes of the fourth 16 2026 meeting. Mr. Chairman, I'm moving accepting rule for that one. April 16th one. Dr. Idle Second, all those in favor. One present. One present. Next item on the agenda is site building permit plan review to 303 Wall Street, MAP 62 lot 007. Continued from the 4th 16, 2026 meeting. Just before this goes uh before Attorney Kelty gets up, I just want to provide to the board some information. So the community development department has further reviewed this application in front of the board and reviewed it with our city solicitor. And under Massachusetts General Law, group homes in the state of Massachusetts considered single family homes under our section 12 of the city zoning ordinance, exempt single family homes and two family homes from the site plan review uh ordinance and application process. For that matter, I do not interpret this in our city solicitor does not interpret this application to fall underneath the planning board's jurisdiction. And as such, I would recommend or ask kindly that the applicant potentially withdraw, ask to withdraw this application and the vote to accept that withdrawal of this application due to it not falling under our jurisdiction and having no ability to vote on it. Thank you. Um before you low Street Penis appearing for the uh applicant, we did file uh under uh uh site plan review. Uh we filed on the basis of the size of the structure. Um I felt as though yes, group homes are uh 48 uh exempt uh from certain regulations. I felt that site plan review would be reasonable regulation, which is admissible, uh uh which uh is enforceable. The uh news tonight that uh the we are not here uh properly uh because you do not have jurisdiction in as much as group homes fall under single family homes. Um I would uh respectfully request uh that this matter be withdrawn from the consideration of the board. Do I have a motion? Mr. Chairman, I would move to allow the petitioner to withdraw his plan uh withdrawal withdrawn with pre without prejudice. We have a second uh gagnant, can I roll a call, please? Mr. Joseph Gagnon, yes, Mr. Tom French, yes, Dr. GD Cachati, yes, Mr. John Ford, yes, Mr. Roy Simos Present Mr. Jev Saliba? Yes, and Mr. Thomas Fatten Clark. Yes. Motion passed. Thank you. Thank you. Next item on the agenda is uh 432 law screen. One sec. I'd just like to say something of this. Yeah. Um directed by the city attorney and the rules of the state. Uh I I find this highly unusual to have this many people agree with that meeting. With with with grave concerns for the neighborhood. Yes, it's it'll be but you speak up. Yeah, can you review that one more time is a lot of excuse me? Why it's not a good idea. It's not as good, not a good idea.

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