The City of Newburyport has contracted TEC Inc., an outside engineering firm, to conduct an independent peer review of the traffic and parking study submitted by the developer for the proposed redevelopment at the former Kmart site on Storey Avenue. This is a back-and-forth process. TEC will review the materials, submit findings, and the developer’s team will respond. The review is funded by the developer as part of the 40B process, but public input can help shape what is examined.

Traffic/Parking Peer Review Authorization

Comprehensive Permit Application

The Zoning Board of Appeals (ZBA) held its first hearing on the proposed Plaza Landings project: a 212-unit apartment building at the former Kmart site. 25% of the units (53) would be income-restricted for households earning up to 80% of the area median income (AMI).

The developer is applying under Chapter 40B, a state law that allows projects with affordable housing to request relief from certain local zoning rules in communities that are below the state’s 10% affordable housing threshold.

Attorney Gareth Orsmond submitted a legal opinion to the ZBA regarding the developer’s request for a waiver of the sewer privilege fee under Chapter 40B.

• Commission action: The Water & Sewer Commission had already voted in October 2024 to reduce the fee to $452,224.87, and this was formalized in a November 2024 Development Agreement.

• Legal context: The letter notes that while zoning boards sometimes waive local requirements under 40B, the issue here is moot because the reduction has already been granted.

• Recommendation: The ZBA should ask the applicant to withdraw its waiver request, since there is no fee above $452,224.87 to waive.

The ZBA’s review of the traffic and parking peer review for the proposed redevelopment at 45 Storey Ave is expected to be continued to the August 12 meeting. TEC, the City’s traffic consultant, submitted its review on July 17, and the developer requested additional time to respond.

A peer review is an independent check by the City’s consultant to verify the developer’s traffic and parking study. It looks at whether the data is accurate, the methods are reasonable, and whether any follow-up or mitigation should be considered.

Key points from TEC’s review:

• Summer traffic counts may not reflect typical school-year conditions, and updated counts are recommended.

• Left-turn movements into Port Plaza already experience delays and some crash history. TEC suggests a left-turn lane analysis and a potential traffic signal warrant study.

• One planned garage exit is very close to Low Street and could cause queuing and sight-line issues. TEC recommends limiting this exit to right-out only.

• The project will increase walking and biking trips. TEC suggests contributing to a future Low Street corridor study and potential safety improvements.

• The proposed parking ratio is reasonable, but garage layout, visitor parking, and access controls may need refinement to prevent backups.

Full letter: TEC Traffic Peer Review Letter – July 17, 2025

As part of the 40B review process for the proposed redevelopment at 45 Storey Ave, the City contracted PGC Engineering to conduct an independent peer review of the project’s stormwater and civil design. The peer review, dated July 30, evaluates whether the submitted plans and calculations meet applicable engineering standards and regulatory requirements. While funded by the developer, the review is conducted on behalf of the City to support the Zoning Board of Appeals’ decision-making.

Points raised for follow-up or clarification:

• The existing conditions plan is not certified by the design engineer. The reviewer notes that grading, drainage, and utility design rely on this base information, and if it is incorrect, the proposed plans may not function as intended.

• A demolition plan has not been submitted. The reviewer recommends that details such as traffic control, utility disconnections, and construction sequencing be provided and reviewed by City departments before work begins.

• The stormwater model uses a simplified time of concentration and does not account for how runoff flows through the site’s drainage system. The reviewer concludes that the results do not represent actual site conditions.

• Hydraulic calculations to support proposed pipe sizes were not included. In some cases, outlet pipes are smaller than the combined inflow, and justification is requested.

• The project does not meet several Massachusetts stormwater standards, including those related to water quality treatment, groundwater recharge, and peak flow control.

Full letter: PGC Engineering  Stormwater/Civil Peer Review Letter - July 30, 2025

Fire Chief Stephen Bradbury submitted a memo to City Planning staff regarding the Plaza Landings/Kmart redevelopment and its impact on fire service. The memo included a vendor budget quote for a new pumper truck.

• Call volume impact: The Chief noted that a 212-unit apartment complex at the Kmart site will significantly increase fire department runs in that district.

• Equipment needs: The department’s current 2009 KME pumper is at the end of its useful life. Replacing it with a modern pumper (larger tank, higher pumping capacity) is necessary to meet the demands of this large building and the growing area.

• Cost estimate: A vendor budget quote for a new Pierce pumper was included, with a cost of approximately $980,000 and a two- to three-year order period.

• Urgency: The Chief emphasized that the size and height of the Plaza Landings project makes acquiring an upgraded pumper more urgent.

As part of the 40B review process for the proposed redevelopment at 45 Storey Ave, the City contracted TEC to conduct an independent peer review of the project’s traffic and parking study. The peer review, dated July 17, evaluates whether the submitted data and analysis reasonably represent local conditions and whether additional mitigation should be considered. While funded by the developer, the review is conducted on behalf of the City to support the Zoning Board of Appeals’ decision-making. A formal response was submitted on August 18.

Points covered in the response letter:

• Traffic counts: Summer 2024 volumes were adjusted upward (20% on Low Street, 8% on Storey Avenue) to reflect school-year conditions.

• Left-turn lane and signal warrants: With revised data, both a left-turn lane on Low Street and a traffic signal at the Port Plaza center driveway meet federal warrant criteria (thresholds in the Manual on Uniform Traffic Control Devices that determine when improvements are justified). The response states these needs exist under current conditions, not because of the project, and proposes a “fair-share” contribution (a proportional share of costs based on their added traffic) if the City chooses to implement them.

• Intersection operations: The peer review highlighted long delays at the Port Plaza center driveway. The response states project impacts are minor (about one additional queued vehicle) and proposes mitigation such as directing traffic to the east driveway, signage, and pavement markings.

• Pedestrian and bicycle safety (on-site): Commitments include a crosswalk with a flashing beacon (RRFB) on Low Street, widened sidewalks to 6 ft, and new pedestrian connections within the plaza and to the East Shops.

• Pedestrian and bicycle safety (off-site): A proportional funding share is offered if the City advances broader Low Street corridor safety upgrades (i.e. Complete Streets redesign).

• Parking and site design: The proposed 1.23 spaces per unit remains unchanged (below zoning but consistent with Smart Growth standards). Revisions address garage layout, visitor/vendor parking, reciprocal easements for accessible spaces, and closure of one plaza drive aisle to reduce conflicts.

Full letter: Vanasse & Associates Inc. Traffic Peer Review Response Letter - August 18, 2025

At the August 26 ZBA meeting, the applicant requested a continuance after TEC’s second peer review letter was issued that morning. The ZBA granted the request. The September 23 ZBA meeting is expected to cover traffic and parking as well as stormwater and civil engineering in a single session.

• Updated school-year traffic counts are appropriate, and both a left-turn lane and a traffic signal at the Port Plaza center driveway are warranted. TEC emphasized that the turn lane is most effective if paired with a signal to reduce crash risks.

• TEC cautioned against framing mitigation as a “fair-share” contribution since the driveway directly serves Port Plaza and the project. They recommended a $75,000 contribution toward Low Street Complete Streets and multimodal upgrades.

• Garage access near the center driveway remains a concern. TEC said the design allows vehicles to block sidewalks and the plaza aisle while waiting for overhead doors, and that any exit here should be right-out-only. They also recommended relying more heavily on the easterly driveway for safe circulation.

• On-site design issues remain unresolved, including the lack of pedestrian links within Port Plaza (e.g., no sidewalk connection to nearby retail), visitor and vendor parking not clearly defined, and parking fields needing better orientation, landscaping, and signage.

• Along Low Street frontage, TEC recommended exploring a 10-foot shared use path with buffer and trees to serve future corridor improvements.

Full letter: TEC Traffic Peer Review Letter – August, 26 2025

The Planning Board submitted an advisory letter to the ZBA with comments and recommendations on the proposed Plaza Landings 40B project. While the Planning Board does not issue permits for 40B developments, it reviewed the plans in light of long-term planning goals for the Storey Avenue/Low Street corridor and provided detailed feedback for the ZBA’s consideration.

• Permitting process: The Board emphasized that even a “friendly 40B” should follow best practices in urban design and provide both on-site and off-site mitigation. It recommended transparency measures, including public access to the developer’s financial pro forma and formalization of documents like the Regulatory Agreement and Affirmative Marketing Plan before approval.

• Stormwater and civil design: The Board noted significant deficiencies flagged by peer review, including concerns about impacts to wetlands south of Low Street, and anticipated further revisions to stormwater reports.

• Parcel definition: The Board recommended expanding the development parcel to include all necessary land and easements within Port Plaza for access, parking, and circulation rights to ensure the project functions properly even if ownership changes.

• Traffic and circulation: Recommended signalizing the central Low Street driveway, relocating garage entrances further from Low Street, and reconfiguring adjacent circulation areas with sidewalks, curbing, and updated markings.

• Streetscape and open space: Called for accurate open space and lot coverage calculations, five-foot sidewalks with tree strips and bike lanes, coordinated street tree locations, and consistent lighting standards.

• Construction management: Urged a formal construction management plan, including staging and a temporary traffic plan, given the shared nature of site access.

• Building and design: Suggested revising ground-floor layouts along the retail edge, clarifying garage ventilation, improving color and material variety on façades, using clear glass at storefronts, and providing roof plans showing mechanical equipment and screening.

As part of the ongoing 40B review process for the proposed Plaza Landings redevelopment at 45 Storey Ave, the developer’s engineer, Bohler, submitted three coordinated documents to the ZBA on September 12: (1) a revised Drainage Report, (2) a Civil & Stormwater Peer Review Response Letter, and (3) updated Comprehensive Permit Site Plans. Together, these address technical review comments and update the record based on a new August 14, 2025 field survey.

Key takeaways from the submissions:

• Stormwater & Drainage (Drainage Report):

  • Confirms the project reduces peak stormwater runoff at all three drainage points compared to current conditions.

  • Designed to comply with all 10 Massachusetts DEP stormwater standards, including water quality, recharge, and construction-period erosion controls.

  • Includes an Operation & Maintenance Plan for long-term upkeep.

• Civil/Stormwater Peer Review Issues (Response Letter):

  • Responds to peer review (PGC Engineering, July 30) by incorporating a new professional survey.

  • Adds missing details like benchmarks, stormwater outfall data, and updated wetland references.

  • Commits to conditions of approval for items such as a Construction Management Plan, demolition sequencing, and utility disconnect coordination.

  • Notes that grading easements (e.g., for ADA spaces) will be obtained if required.

• Site Plan Updates (Plan Set):

  • Plan sheets revised August–September 2025 to reflect survey and traffic/peer review comments.

  • Package includes demolition, grading, drainage/utility, erosion control, landscaping, and lighting.

  • References the updated North Shore Survey Corp survey (Aug. 14, 2025).

  • Incorporates revision history showing changes made for traffic and stormwater review.

The developer’s engineer (Bohler) submitted submitted a traffic mitigation exhibit to the ZBA, showing proposed traffic and pedestrian improvements at Storey Avenue and Low Street. This was filed in response to the City’s August 18 traffic peer review, which identified safety and circulation concerns.

• Crosswalks: A new crosswalk with a Rectangular Rapid Flashing Beacon (RRFB) is proposed; its location and approval remain open for City review.

• Sidewalk connections: Extensions through Port Plaza are shown to improve pedestrian access, consistent with earlier recommendations.

• Traffic circulation: “Do Not Enter” and “One Way” signs are included to adjust vehicle flow, though final enforcement and layout may still need discussion.

• Review status: This exhibit represents the developer’s response to traffic comments, with final decisions to be made through ZBA and departmental review.

The Water & Sewer Commission issued a formal response to a City Council resolution that asked the Commission to rescind its earlier fee reduction vote.

• Legal analysis: A March 2025 memo from the City’s attorney (Karis North) confirmed the Commission had authority to abate the fee to $452,224.57 — the balance needed to pay off the Low Street sewer bond.

• Bond timeline: The 2005 bond reached the end of its 20-year life in May 2025. Once repaid, no additional privilege fees may be charged under state law.

• Outcome: The Commission declined to rescind its October 2024 vote, stating $452,224.57 is the only amount that can legally be assessed, and once collected, no further fees can apply.

The Zoning Board of Appeals received two presentations on traffic and parking related to the proposed 212-unit Kmart redevelopment (Residences at Port Plaza). The applicant presented its Transportation Impact Assessment, and TEC, the City’s peer reviewer, provided an independent evaluation.

Applicant’s Transportation Impact Assessment

• Project trips were compared against a retail “as-of-right” re-occupancy of the Kmart building. Residential use was shown to generate substantially fewer peak-hour trips, especially in the evening and on Saturdays.

• Updated baseline traffic counts, adjusted to reflect school-season volumes, still showed only minimal impacts: less than one second of added average delay and one additional queued vehicle at the Storey Ave/Low/Woodman intersectionPort_Plaza_Res_Traffic_Presenta….

• Vehicles would be dispersed across multiple driveways, with the garage connection to Port Plaza operating as a one-way entrance from Low Street.

• Crash history analysis found no safety deficiencies, and sight lines at project driveways meet or exceed standards.

• The applicant committed to $75,000 toward Low Street corridor upgrades (potentially turn lanes, sidewalks, bike facilities, or a traffic signal) and outlined Transportation Demand Management measures such as EV charging, secure bicycle parking, rideshare coordination, and welcome packets for residentsPort_Plaza_Res_Traffic_Presenta….

TEC Peer Review Presentation

• Confirmed that the August 2025 traffic counts and the applicant’s projections were accurate and that residential trips would have less impact than retail re-use.

• Determined that overall parking demand can be met but recommended access restrictions at garage entrances.

• Found that a Low Street left-turn lane and traffic signal are already warranted under existing conditions, independent of project impacts.

• Emphasized the need for robust pedestrian connections to MeVa bus stops, potentially using flashing beacons or enhanced crosswalk treatments45-Storey-Ave-TEC-Peer-Review-S….

• Acknowledged refinements made by the applicant: new on-site pedestrian connections, revised garage operations, a Reciprocal Easement Agreement for shared parking, and the $75,000 fair-share contribution45-Storey-Ave-TEC-Peer-Review-S….

Takeaways

• Both the applicant and peer reviewer agree: residential use is significantly less impactful on traffic than retail re-occupancy.

• TEC underscored that Low Street improvements are warranted today, regardless of this project, and this development provides an opportunity to secure fair-share contributions.

• Implementation of corridor upgrades and safe pedestrian/transit connections will be a critical consideration for the City as the project advances.

The Zoning Board of Appeals continued its review of the proposed 45 Storey Avenue 40B project at the September 30 hearing. The focus of review and discussion was traffic and parking, stormwater, and civil engineering.

Since the last meeting, the applicant submitted updated site and traffic materials, including garage access revisions (Port Plaza Center Driveway Garage Access Modifications, 9/29/25), a refined stormwater plan (Bohler Stormwater Presentation, 9/30/25), and a supplemental traffic letter (Low Street Improvements, 9/26/25) outlining agreement to a left-turn lane and a $75,000 contribution toward corridor improvements. The submission also included a short cover response to peer review comments (Final Response to ZBA & TEC, 9/26/25).

Board members asked both the peer reviewer (TEC) and the applicant’s consultant (VAI) to clarify the assumptions behind their traffic data and modeling. Questions also highlighted that the development will increase pedestrian activity, which aligns with 40B’s intent to encourage walkable access to nearby services, and emphasized the need for safer crossings along Low Street.

TEC clarified that their original recommendation for a “fair share” contribution was intended to support pedestrian and bicycle improvements along Low Street, not signalization of the Port Plaza center driveway. They also noted that any signal at that location should not be a City-funded improvement.

The applicant began its presentation on civil and stormwater design, including drainage tie-ins to the City system (Bohler Stormwater Presentation, 9/30/25). ZBA members raised follow-up questions on the U-shaped drop-off, outstanding peer-review items, and the applicant’s claim of roughly 9,000 square feet of reduced impervious area. The developer plans to show at the next hearing how that reduction is achieved, largely through added landscaping.