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HomeMy WebLinkAbout2020-06-09 Zoning Board of Appeals Minutes ,,J��d '/11L)lzozo Town of North Andover ZONING BOARD OF APPEAL Members Associate Members D. Paul Koch,Jr., Est., Chairman � ,� � �� �°� • Michael T.Lis Ellen P.McIntyre, Vice-Chairman * Steven R.Selde Allan Cuscia Frank J.Killlea Alexandria A.Jacobs, Esq. Zoning Enforcement Officer Ronn R.Faigen Paul C. Hutchins i i MEETING MINUTES Date of Meeting: Tuesday, June 09, 2020 Time of Meeting: 7:30 PM Location of Meeting: Virtual Meeting Signature: Jennifer Battersby Town Clerk bate Stamp: 1 I. Call to Order called at 7:301)m Members Present: D. Paul Koch, Jr., Alen P. McIntyre, Alexandria A. Jacobs, Ronn R. Faigen, Steven R. Seide, Michael T. Lis and Frank J. Killilea Members absent: Allan Cuscia Staff Present: Jennifer Battersby Gavel given to: D. Paul Koch, Jr. Pledge of Allegiance Chairman makes preliminary announcement that this is a meeting of public record, is being recorded, and that anyone watching may email ZBA administrator with any questions, comments, or opinions. i 2. Acceptance of Minutes Motion made by Ellen P. McIntyre to approve the March 10, 2020 meeting minutes. Seconded by Michael T. Lis. 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 1-2 Zoning District. The Applicant is requesting a 'Special Permit pursuant to Town of North Andover Zoning Bylaws §195-4.14 for(Industrial 2 District) (1) (Recreational Uses) for an indoor shooting range. Kevin Foley, Esq. Mr. Foley provides summary of last meeting. Application for a permitting license was submitted to the COP on March 6, 2020. On March 16, 2020, all documents were submitted to the COP and Fire Chief that were submitted to ZBA and Planning in support of the application for a special permit. On.March 18, 2020, COP sent an email to the Planning Board with a favorable opinion of the plan. Planning Board had requested revised plans showing all the parking spaces available on the site and the size of the spaces, as well as Title Five inspection. Notices and agendas arc to be posted 48 hours in advance of a meeting excluding Saturdays,Sundays,and legal bolitlays. 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 anoint of time. A listing of topics the Chair reasonably anticipates will be discussed at a inecting are to be listed on the Agenda. Note: Matters may be called out of order and not as they appear in the Agenda. Page I of 5 Town of North Andover ZONING BOARD OF APPEALS Chairman reads the email from the North Andover Chief of Police to Jean Enright, Planning Director. "Good Afternoon, I have reviewed the plans submitted to me by Attorney Kevin Foley on behalf of MMD Shooting, LLC, 210 Holt Road. I have a limited knowledge of constructing shooting ranges but as a police officer, I have been to many ranges and gun shops. Having that in mind, at this time, I have a favorable opinion on the plans. It would appear that the layout and safety features are consistent with other ranges I have seen and used. Thank you. Charles P. Gray, Chief of Police" The Chairman states the COP will be going through its own licensing and permitting process and therefore is offering his favorable opinion on the plans for the business, not the structure of the business itself. Mr. Lis asks Mr. Foley if Applicant is still intending to have 24-hour access for the members. Mr. Foley states that is correct. Mr. Seide is concerned with the overall safety to the Town. Mr. Foley responds that the safety and operation of the facility will be in the province of the COP under Chapter 140 and referenced the flow chart provided on March 10`t'. The COP has sole discretion to suspend and revoke MMD Shooting, LLC's license. Ms. McIntyre asks what the Applicant is doing environmentally on the site. Mr. Foley states Board of Health requested a Title Five which is in process. Mr. Faigen asks what time the facility will not be attended and what the biometric will be. Operational hours will be 10:00atn until 8:00pm; Mr. Foley believes the biometric will be a fingerprint. If a member has access 24 hours and brings in a non-member tailgating at 2:00ain, what happens and how will it be confirmed? Members are allowed to bring a guest after-hours by registering the guest in writing and will be monitored via security video. The members will be licensed to carry and will be responsible for any guest they bring into the facility. It is common to allow a member to bring a single guest with them after-hours. Law enforcement officers would also need to be a member to gain access after-hours. Ms. Jacobs asks what the membership requirements are. An active License to Carry and a completed membership application will be required. Chairman asks if License to Carry ("LTC") is minimum requirement. Mr. Foley states background checks are completed with the LTC and there will not be an independent background check. LTC is valid for five (5) years, and a new background check is completed upon renewal of the LTC. Membership at MMD Shooting will be annual. The COP who issues LTC has right to revoke. However, if there is a problem in another town, the Police Department would call the Town where the LTC was issued and LTC would be in jeopardy. Any dispute,traffic related problem, or OUI can jeopardize LTC. Mr. Seide asks what the ramifications are for a member bringing in more than one guest. Mr. Foley states suspension or loss of membership. Security cameras will be in place. Page 2 of 5 Town of North Andover ZONING BOARD OF APPEALS Ms, McIntyre asks what guns are permissible. Anything allowed in Massachusetts is allowed at the facility. Mr. Faigen asks if there are any documented best practices. Mr. Foley states there is not an official manual. The Board Deliberates. Motion made by Ellen P. McIntyre to close the public comment. Seconded by Ronn R. Faigen. The vote to close public comment is unanimous 5-0. Motion made by Ellen P. McIntyre to grant the Special Permit pursuant to the Town of North Andover Bylaw Section 195-4,14 (Industrial 2 District) (I) (Recreational Uses) for the Petition of Holt Road, LLC for property at 210 Holt Road (Map 077.0, Lot 0014), North Andover, MA in the I-2 Zoning District to construct an indoor shooting range with the following conditions: 1. 24-hour access is to be for members only. 2. License to Carry is to be checked on an annual basis with membership. The following documents were referenced: (1) Standard Operating Procedures and Range Rules prepared by MMD Shooting, LLC consisting of thirteen (13) pages. (2) Indoor Range Design Guide prepared by Meggitt Training Systems consisting of seventy-one (71)pages. (3) First Floor Conceptual Plan prepared by Port One Architects, Inc. dated August 2019 consisting of one (1)page. (4) Second Floor Concept Plan (A1.2)prepared by Port One Architects, Inc. dated August 2019 consisting of one (1) page. (5) Construction Narrative prepared by Port One Architects, Inc. consisting of two (2)pages. (6) Letter from Port One Architects, Inc. regarding construction dated December 16, 2019 consisting of one (1) page. (7) Existing Conditions Plan prepared by Green Seal Enviromnental, Inc, dated September 12, 2019 consisting of two (2)pages (C-1.1 and C-1.2). (8) Proposed Conditions Plan prepared by Green Seal Environmental, Inc. dated September 12, 2019 consisting of one (1)page (C-2). (9) First Floor Plan, Second Floor Plan, and Exterior Elevations prepared by Port One Architects, Inc. dated August 2019 consisting of three (3) pages (A1.1, A1.2, and A2.1). (10) Plot Plan prepared by Green Seal Environmcntal, Inc. dated November 1, 2019 consisting of one (1)page. (11) Letter from Kevin P. Foley, Esq. to Charles P. Gray, Chief of Police dated January 31, 2020. (12) Letter from Clean Aire Technology, Inc. to Port One Architects, Inc. regarding air filtration system dated March 9, 2020 consisting of one (1)page. (13) Site Plan with parking prepared by Green Seal Environmental, Inc. dated November 29, 2019 and revised May 5, 2020. (14) Site Development Plan prepared by Green Seal Environmental, Inc. dated November 29, 2019 consisting of one (1)page. Page 3 of 5 Town of North Andover ZONING BOARD OF APPEALS (15) Email from Charles P. Gray, Chief of Police to Jean Enright, Planning Director dated March 18, 2020. (16) Supplemental and Restated Project Narrative prepared by Applicant consisting of approximately sixty-eight (68)pages. Seconded by Ronn R. Faigen. The vote to approve is unanimous 5-0. 43 Linden Street is continued until the next physical public hearing. 4. New Public Hearing of 30 Union Street The petition of Kevin and Holly Breen for property at 30 Union Street(Map 014,Lot 0036),North Andover, MA 01845 in the 11-4 Zoning District, The Applicant is requesting a Variance from Section 195-7.3(B) Yard (setbacks) and Table 2: Summary of Dimensional Requirements of the Zoning Bylaws for the left side yard setback in the R-4 District for construction of an addition on to the existing horne. Left side yard setback proposed is 4.3 feet, left side yard setback required is 15 feet. The relief variance needed is 10.7 feet. Ellen P. McIntyre reads the Legal Notice into the record. Holly Breen,30 Union Street requesting a variance for the left side setback in order to construct an addition. Julie Johnson Architect states that the property is pie shape and is extremely restricted due to a garage on the right side with driveway. Proposing to expand on the left side of existing three-season porch which already encroaches into the setback. The addition will consist of a first floor master bedroom and opening up the kitchen, family, and dining room to create a great room effect. Mr. Faigen asks Ms.Johnson whether porch(which has a 4.3'setback)was grandfathered in,which Ms.Johnson believes it is. Ms. McIntyre asks why a variance is needed, since the porch is on the plan and the addition does not increase the non-conformity of the lot. Ms. Johnson says because of the additional square footage. Ms. McIntyre asks the Building Inspector, Mr. Hutchins, who states there is a 3.8' setback in the back corner which would change the encroachment. It wasn't clear from the plans that the 3.8' setback is actually an overhang. Discussion continues regarding whether a variance is needed. Mr. Hutchins states that since Applicant is staying within the existing non-conformity and is actually gaining two (2) inches towards the rear,they will not need a variance for a side-setback. Chairman asks for clarification that Applicant does not need a variance. Mr. Hutchins would like Applicant to confirm that the 3.8' is for the overhang. Applicant confirms from the building plan that the house has a nine inch overhang. Chairman recommends continuing the matter until July 14"'. Meanwhile, the building inspector can retract the denial and then the Applicant can withdraw the application for variance. Ellen P. McIntyre makes a motion to continue to July 14, 2020 and seconded by Ronn F. Faigen. The vote to continue is unanimous 5-0. 5. Discussion and Vote regarding New Variance Application Form Continued until July 14, 2020. 6. Addition of July Meeting Date and Deadlines Page 4 of 5 Town of North Andover ZONING BOARD OF APPEALS New Meeting Date: July 14, 2020 Application Deadline: June 11, 2020 Legal Notice Deadline: June 17, 2020 Legal Notice Publication Dates: Jame 30, 2020 & July 07, 2020 Upcoming Meeting Document Deadline: June 26, 2020 7. A Aournment meeting ud'ourned at 9:53 m Motion made by Ellen P. McIntyre to adjourn the meeting. Seconded by Steven R. Seide. The vote to adjourn is unanimous 5-0, Page 5 of 5