HomeMy WebLinkAboutRecorded Decision - 210 Holt Rd - 7.13.2020 - Decision - 210 HOLT ROAD 7/13/2020 own of k
T North And&er�
ZONING BOARD OF C, E.7 W D j
D.Paul Koch jr,,Esq.,cl
Ellen P.IvIcIntyxe, hire-Cliairplail Town ClerkTime Stamp
Allan Cuscia,Clerk
Alexandria A.Jacobs,Esq. 10* 41
Bonn R.raigen
A xrodate j1devpbers
-Michael T.Lis
Steven R.Scide
Frank J.KUWea
Thl',Is to certify that Twenty(20)d9Y11
have 01a from dSA6 Of(1068i0n
Any appeal shall be filed within twenty Notice of Decision WWjokA filing of an app"l•
days after the date Of filing Of this notice Calendar Year 2020 Date � 13 o2OdO
in the office of the Town Clerk pursuant Trudy L.Rai
to Mass.Gen. L. ch. 40A, § 17 -rmn C4efk
APPLICANT: APPLICATION DATE:
Holt Road, 019
Holt Road,LLC :;November 15,2019
W TES
[PROPERTY:
I n Tq 1�,P . HEARING DATES:
December
1) ,
)nj cl
210 Holt Road �b 10,2019,January 14,2020,
Decem er
North Andover, MA 01845 March 10.2020,and June 9,2020
Map 077.0,Parcel 0014 PETITION:
2019-22
I. PROCEDURAL HISTORY AND,STATEMENT OF FACTS
Applicant, by application filed November 15, 2019, has requested a special permit pursuant to Town of
North Andover Zoning Bylaws, Section 195-4.14 in the Industrial 2 Zoning District; specifically,
Applicant has requested a Special Permit pursuant to Town of North Andover Zoning Bylaws,
Section 195-4.14 (Industrial 2 District) (1) (Recreational Uses) for the purpose of constructing an
indoor shooting range with respect to the Property.
The Application requires a hearing before the North Andover Zoning Board of Appeals("Board"), and
due notice of the hearing was given by mailing and publication.Legal notices were sent to all certified
abutters provided by the Assessor's Office of the Town of North Andover and were published in The
Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on November 26,2019
and December 03,2019.
The Board held public hearings(i)at North Andover Town Hall, 120 Main Street,North Andover, MA
on December 10,2019 and January 14,2020 at 7:30 pm, (ii)at the North Andover Senior Center, 120R
Main Street,North Andover,MA on March 10,2020 at 7:30 pm, and(iii)remotely via conference call on
June 09,2020 at 7:30 pm with respect to the Property,which is located in the 1-2 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearings:
(1) Standard Operating Procedures and Range Rules prepared by MMD Shooting,LLC containing
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(AI,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,
PETITION 2019-22
Page I of 4
Town of North Andover
ZONING BOARD OF APPEALS
(6) Letter fiom Port One Architects,Inc. regarding construction dated December 16, 2019
consisting of one(1)page.
(7) Existing Conditions Plan prepared by Green Seal Environmental,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 Pork One Architects,
Inc. dated August 2019 consisting of three(3)pages(Al.1,A1.2, and A2.1).
(10) Plot Plan prepared by Green Seal Environmental,Inc. dated Nover4iber 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
(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.
The Property is located at 210 Holt Road in the 1-2 Zoning District. The proposed use as an indoor
shooting range at the Property is allowed only by Special Permit in the Industrial 2 Zoning District.
II. FIlVDINGS/DISCUSSlON/CONDMONS
The Board has made careful study of the materials submitted and the information presented at the
hearings. The Board also notes that among the most significant issues that arose at the hearings are
safety,sound,and the twenty-four(24)-hourlafter-hours policies(specifically,access to the facility
proposed by the Applicant involved over hours in which the facility would be unattended by staff
and also involved non-member access during the overnight hours).
The Board finds that under Section 195-10.7(A)of the Bylaws and as conditioned below,(a)the Property
is an appropriate location for the use,structure,or condition,(b)the use as developed will not adversely
affect the neighborhood, (c)there will be no nuisance or serious hazard to vehicles or pedestrians,(d)
adequate and appropriate facilities will be provided for the proper operation of the use, and (e)the use is
in harmony with the general purpose and intent of the Bylaws.
The Board further finds that under Section 195.9.1 of the Bylaws and as conditioned below,the
Applicant's proposed change,extension,or alteration to the Property is not substantially more detrimental
to the neighborhood than the existing conditions.
(1) Access to the facility when unstaffed shall be limited to members of the facility which,for the
sake of clarity and removing all doubt,shall prohibit the access by guests of members when
unstaffed.
(2) The License to Carry of each member shall be checked on an annual basis which may occur as
part of the membership renewal process.
Therefore,the Board finds that Applicant has satisfied the provisions to allow the requested special permit
in order to construct an indoor shooting range pursuant to the Town of North Andover Zoning Bylaws
PETITEON 2019-22
Page 2 of 4
Town of North Andover
ZONING BOARD OF APPEALS
Section 195-4.14(1)(Recreational Uses) in the Industrial 2 Zoning District in accordance with the plans,
other materials,and testimony at the public hearings.
III. MOTION VOTE AND DECISION
On June 09,2020 the Board voted to close the public hearing.
A motion was made by Ellen P. McIntyre and seconded by Ronn R. Faigen to grant the special permit
requested under Section 195-4.14 (Industrial 2 District) (1) (Recreational Uses) of the Zoning
Bylaws to allow the Applicant to construct an indoor shooting range in accordance with (a)the following
plans and other materials:
(1) Standard Operating Procedures and Range Rules prepared by MUD Shooting,LLC containing
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 FIoor 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 Environmental,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 flan prepared by Green Seat Environmental,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
(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.
and(b)the following conditions:
(1) Access to the facility when unstaffed shall be limited to members of the facility which, for the
sake of clarity and removing all doubt,shall prohibit the access by guests of members.
(2) The License to Carry of each member shall be checked on an annual basis which may occur as
part of the membership renewal process.
PETITION 2019-22
Page 3 of 4
Town of North Andover
ZONING BOARD OF APPEALS
The voting members in favor of the special permit: D. Paul Koch,Jr., Esq.
Ellen P.McIntyre
Alexandria A.Jacobs,Esq.
Ronn R.Faigen
Frank J. Killilea
The voting members against the special permit: None
The non-voting members present: Michael T.Lis
Steven R. Seide
The Chairman declared the Board's vote to be 5-0 to G THE SPECIAL PERMIT.
z
North n o4g�-Z Ding Board of Appeals
D.Paul o h Jr.,Eq.,Chairman
Ellen P. Mc'Intyre,Vice Chair
Allan Cuscia,Clerk `
Alexandria A.Jacobs,Esq.
Ronn R. Faigen
Michael T.Lis
Steven R. Seide
Frank J. Killilea
Decision 2019-22
1W Hdl Roid—decisionr3202006)7(pS:-2eksn)
Notes:
I. A decision granting a variance or a special permit shall not be in effect until a certified copy of the
decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's expense.
Further provided that if the Property is registered land then a certified copy of the decision shall also
be filed with the Land Court.
2. A decision granting a variance or special permit as requested by Applicant does not necessarily
ensure the granting of a building permit because Applicant must abide by all applicable Iocal,state,
and federal building codes and regulations prior to the issuance of a building permit as required by the
Inspector of Buildings.
3. Generally, if the rights authorized by a decision granting a variance are not exercised within one(1)
year of the date of the grant then such rights shall lapse and may be re-established after notice and a
new hearing pursuant to the provisions of Mass. Gen.L. ch.40A, § 10,and the rights authorized by a
decision granting a special permit shall be deemed to have lapsed after a two(2)year period from the
date of the grant unless substantial use or construction has commenced.
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PETITION 2019-22
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