Zoning Board of Appeals adopts final decision for Kmart Plaza comprehensive permit, 5-0

The Newburyport City Zoning Board of Appeals voted 5-0 on Jan. 14, 2026 to adopt a final written decision approving the comprehensive permit for the Kmart Plaza project, concluding deliberations and directing staff to file the decision with the city clerk. The board also endorsed an ANR plan to be held in escrow and filed if no appeals are filed during the statutory 28-day appeal period.

The vote finalizes a package of conditions the board attached to the permit that clarify traffic and pedestrian improvements, underground utility language, and access from the accessory parking garage. Board members said the edits are intended to match the project drawings, preserve pedestrian access and trees, and make the record clear for any future appeals.

During deliberations members agreed to add explicit dimensional language to match the applicant’s drawings: the record now specifies a minimum total roadway width consistent with the drawing and requires a minimum six-foot concrete sidewalk along the north side where the project reconstructs that frontage. One board member recommended inserting language stating “a total minimum road width of 42 feet” (two 11-foot travel lanes plus a 10-foot left-turn lane as shown on the drawing) to remove ambiguity; the board accepted language establishing minimum widths rather than relying solely on the exhibit. Members discussed tree preservation and acknowledged that final engineering adjustments may require coordination between the arborist and the civil engineer.

The board also revised the decision’s technical language on underground utilities to mirror the peer-review engineer’s terminology, replacing a vague reference with language that calls for “underground conduits and related pull boxes” so that future contractors and reviewers have the same standard to follow.

On vehicle access, the board adopted revised wording restricting left turns out of the westerly accessory-parking-garage exit: the decision specifies that northbound vehicles shall not turn left when exiting that garage, effectively limiting that exit to right turns.

After the edits were finalized and no member raised additional substantive objections, the board took sequential votes. A motion to close deliberations carried, with the chair calling the roll: Mr. Swanton, Mr. Igerman, Mr. Bennick, Mr. Dele and Rob Champy voted yes. The board then moved and seconded to adopt and approve the finalized written decision; the chair called the role and recorded five affirmative votes, adopting the decision. Finally, the board voted to endorse the ANR plan and hold it in escrow “as set forth in the decision” to be released and filed only upon expiration of the appeal period.

Chair (reading the roll) announced the result: “The motion carries. Deliberations are closed.” The board instructed staff that signature pages would be signed that evening, the clerk would be asked to stamp and file the complete document the next morning, and the ANR plan would remain in escrow pending the outcome of any appeals. Board members confirmed the statutory appeal period of 28 days before final release and filing.

The board adjourned after confirming ministerial (clerical) edits could be corrected and arranging for signatures to be collected while members were present. The decision and the escrowed ANR plan will be publicly filed in accordance with the normal clerk’s procedures after the appeal period ends.