HomeMy WebLinkAbout2020.3.10 Minutes ZBA Approved
MEETING MINUTES
Date of Meeting: March 10, 2020
Time of Meeting: 7:30 PM
Location of Meeting: Senior Center, 120R Main Street, North Andover, MA, 01845
Signature: Jennifer Battersby
Town Clerk Date Stamp:
1. Call to Order called at 7:35 pm
Members Present: D. Paul Koch, Jr., Ellen P. McIntyre, Michael T. Lis, Steven R. Seide
Members Absent: Allan Cuscia, Alexandria Jacobs, Ronn Faigen and Frank Killilea
Staff Present: Jennifer Battersby
Gavel given to: D. Paul Koch, Jr.
Pledge of Allegiance
Chairman makes a preliminary announcement that the application for 43 Linden Avenue has been
moved to the April 14, 2020 meeting.
2. Acceptance of Minutes
Motion made by Ellen McIntyre to approve the September 10, 2019, December 10, 2019 and January
14, 2020 Minutes. Seconded by Steven Seide. The vote is unanimous 4-0.
3. Continued Public Hearing re: 210 Holt Road
The petition of Holt Road LLC for property at 210 Holt Road (Map 077.0, Lot 0014), North Andover,
MA 01845 in the I-2 Zoning District. The Applicant is requesting a Special Permit pursuant to Town
of North Andover Zoning Bylaws §195-4.14 for (Industrial 2 District) (I) (Recreational Uses) for an
indoor shooting range.
Kevin Foley, Esq. is at podium representing Applicants. Spoke about the Applicant, Jennifer
The Chief of Police is the licensing authority for both operations and sale of ammunition in the
Commonwealth. Has begun process of licensing procedure.
Kelly Davis, Architect passes out supplemental detailed information regarding walls and air quality.
Ellen McIntyre questions why this was not included in packet. Mr. Davis states it goes into more
detail of package previously submitted regarding specification data and on certain product information
Notices and agendas are to be posted 48 hours in advance of a meeting excluding Saturdays, Sundays, and legal holidays. Please keep in mind the
Town Clerk's hours of operation and make necessary arrangements to be sure that posting is made in an adequate amount of time. A listing of topics
the Chair reasonably anticipates will be discussed at a meeting are to be listed on the Agenda. Note: Matters may be called out of order and not as
they appear in the Agenda. Page 1 of 3
and to explain how the walls will be constructed and how they will meet ballistic and sound
challenges and has put it together in the last couple of days. Ranges will be 100% encapsulated with
sound acoustical doors and windows. The second drawing shows the air gun ranges and virtual
theatres upstairs.
Mr. Seide asks for information regarding the HVAC system. Mr. Davis says there will be two
systems. One is a self-contained circulating system that circulates air from behind the shooters in the
ranges and comes across each range and is filtered and the second system is air exchange that would
be required by code.
Jeff Komrarer, Acoustical Engineer Speaks of his qualifications. The Board wants to know what the
outside community will hear, how far will the noise travel, how loud will it be. Predicts 79 DBA right
outside of wall. DB is logarithmic scale. 6 DB is the doubling of energy. The ear recognizes 10 DB as
the doubling of sound, but the doubling of energy is 6 DB. Physics says that every doubling of
distance the noise levels will drop by 6 DB, not including absorption from trees and grounds, etc.
Based on calculations, it is not predicted that the condo area will hear any noise from inside the range.
About 100 feet away at the property line, the noise level drops from 79 DB to 48DB. May hear
something upstairs but approximately 60-65DB, similar to that of a washing machine. May hear some
right outside window.
Mr. Foley is inclined to postpone until the next meeting. Chairman asks for information regarding the
regulatory regime. State law dictates must apply to local licensing agent which is local chief of police
under General Laws, Chapter 140, Section 56. Chief of Police also is authority for license to sell
under Chapter 140, Section 122 and Section 122B. Section 123 speaks to what types of firearms can
be sold at facility. All sales of firearms need to be reported to Department of Criminal Justice.
Mr. Seide discusses Chief of Police from the Chief of
anticipate receiving a
letter from the Chief of Police.
Mr. Foley discusses security flow chart and training. Single guest without license to carry will need to
be accompanied by someone who does have a license to carry. Members will be given a key fob,
biometric lock. Discussion continues with Board regarding lockers.
Discusses parking and what the Planning Board asked for at next meeting which is scheduled for
March 24, 2020.
Discussions open to public.
Motion made by Ellen McIntyre to continue the hearing to April 14, 2020. Steven Seide seconded the
motion. The vote is unanimous 4-0.
4. New Public Hearing of 55-57 Furber Avenue
The petition of Meghan Long for property at 55-57 Furber Avenue (Map 081.0, Parcel 0054),
North Andover, MA 01845 in the R-4 Zoning District. The Applicant is requesting a Variance
pursuant to Town of North Andover Zoning Bylaws §195-4.3(A) R-4 District to demolish an existing
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single family home and detached garage and construct a new home in the R-4 Zoning District,
specifically, Applicant has requested two residential buildings per lot, one residential building per lot
allowed, needing a relief variance of one residential building.
Ellen McIntyre reads the Legal Notice.
The Board discusses modification versus new application process.
Applicant, Brendan Larkin is at podium. States this is a modification of the Application for Variance
that was approved on December 10, 2019. Is seeking a variance for an additional two feet added to
family room floor plan. Original plans show 14x28, proposed is 16x28. Total increase is 48 square
feet. Driveway is slightly smaller, as the family room will encroach on the driveway.
Russell Mercier 41 Summit is present to ensure that the conditions of the decision from the December
10, 2019 hearing will be upheld.
Chairman informs Applicant that there are only four board members present and therefore the vote
will need to be unanimous. Gives Applicant option to continue to next meeting. Applicant chose to
vote now.
Motion made by Ellen McIntyre to close the public hearing. Michael Lis seconded. The vote is
unanimous 4-0.
Motion made by Ellen McIntyre to grant the variance for petition of Meghan Long for property at 55-
57 Furber Avenue (Map 081.0, Parcel 0054), North Andover, MA 01845 in the R-4 Zoning District
for a variance pursuant to Town of North Andover Zoning Bylaws §195-4.3(A) R-4 District
The following documents were referenced:
1. Survey Plan by Andover Consultants, dated November 13, 2019 and revised January 27, 2020
containing one (1) page.
2. Floor Plans by Colonial Drafting dated January 14, 2020 containing two (2) pages.
With the existing conditions in the original application, petition number 2019-14, for hearing dates
November 12, 2019 and December 10, 2019, to carryover. Motion seconded by Michael Lis. The vote
is unanimous. 4-0.
5. Miscellaneous
Correspondence regarding Rule 40B.
1. Two letters from CHAPA dated 1/3/20
2. Letter from Brock & Scott dated 1/14/20
3. Letter from Community Housing Inc. dated 1/22/20
Board has no discussion points for the Rule 40B correspondence.
6. Adjournment, meeting adjourned at 9:02 pm Motion made by Michael T. Lis to adjourn the
meeting. Seconded by Steven Seide. The vote is unanimous 4-0.
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