HomeMy WebLinkAboutPlumbing Variance - Correspondence - 56 ACADEMY ROAD 11/25/2025 rr
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North Andover:er Health Department
®mmunity and Economic Development Division
November 251,2025
Beard of State Board of Examiners of Plumbers and Gas Fitters
10,00 Washington Street
Boston,MA 02118
RE:Variance bequest to Plumbing Colde 248 CMR 10.0 or a single unisex half bathroom at 5
Academy Read,North Andover,MA 01845
Dear Beard:
The North Andover Health Department does not have any issues with and has approved the
variance request for the above referenced address. It is our opnuoin that granting this variance
request is appropriate with regard to the bathroom and mop sinl<requirements at this location
and for this use. Please feel free to contact me if you have any questions comments or concerns.
Since;ely,
PO
111101
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B� Li
�.an J,111, aGrasse,
North�dover Director of Public Health
C c,.N, B,.'4„J'H
Steve Gal"Isky,North Andover Plumbing Inspector
File
James Worden
"age I of l
North Andover w Health Department,
120 Main Street
North Andover, MA 0 184 5
"bone 97 .68 .954 Fax: 978.6 8.8476
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me: Plumbing Variance for 56 Academy Rd Kittredge! Barn with PB Special Permit
Nov. 25, 025
Brian LaGras,se
Health Director
Town of'North Andover Health Department
120 Main St.
North Andover, MA 0 1845
9781-688-9540
Dear Brian,
After meeting with Steve Galinski, Plumbing Inspector and based on our discussion and the special permit
we have issued by the Planning Board for a very limited business use of the 1950 cow barn at 56 Academy
Rd (next door to me at 84 Academy Rd.), including no public access, no visitors and only 2 cars allowed at
the property, it has been recommended that we apply for a plumbing variance with the state of
Massachusetts Plumbing Board to use the existing single unisex half-bathroom that is not barrier free
(undersized) and not add a mop sink to the premises.
Paul Hutchins accepted the existing bathroom for the specified use of the barn without being upgraded to
barrier free.
The special permit that the Planning Board issued falls under the Old Center Historic Barn Overlay District.
Attached, please see the special permit issued by the Planning Board and the Old Center Historic Overlay
District bylaw,the stamped code review letter from LYF architects and the referenced sketch plan.
I would appreciate your agreement that the use of the existing half-bathroom makes sense given the
extremely limited use and is acceptable to you. We will include your response with our variance request.
Sincerely,
James Worden
84 Academy Rd.
North Andover, MA 0 1845
978 771-6574 (cell)
Cc: Steve Gal'inski,, Plumbing Inspector
Jeff Hutnick, Callahan Plumbing
Paul Hutchins, Building Inspector
Tim Quilans,, Quinlans & Rand Builders
KittreCo,w. . Barn
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Prepared F-1or: Mr,James Wor e n.
4 Academy Road,
Norte A.ndover,MA.. 0 184
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iPrepared By: Thomas Galvin
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356 Main Street
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Haverhill 11 MA.. 01830
(978 470-3675 75
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Investigation and Evaluation Report, 780 CMR 10' Edition
Kittredge Cow Barn -- 53 Academy Road, Forth Andover, MA
Pro'ect Summar
The project is to renovate an existing 3,600 SF cow barn(Group U) to improve the thermal
performance of the exterior envelope by installing closed cell foam insulation on the exterior
walls and underside of the roof. The existing windows will be replaced with new thermal pane
windows to match the existing dimensions and character of the existing wood frame windows.A
new geothermal HVAC system will be used to heat and cool the building. Additional features
will be unproved to create a useable space for the design and prototyping of a solar powered
boat.
The intended use for the barn will be to assemble solar powered boats (Group F-2).
Operations will include prototyping boats, computer aided design modeling, dry mechanical fit-
up and testing.
The following code summary is based on the owners plan dated October 31, 2024 noting the areas of
improvements as described in the Project Summary above.
Applicable Codes
Code Type Applicable Code
(Model Code Basis)
780 CMR: Massachusetts Building Code(I oth Edition)
Building (2021 Intemational Building Code,with MA amendments)
2021 International Existing Bitildhig Code,with MA amendments
Fire 527 CMR: Massachusetts Comprehensive Fire Safety
Code 2021NFPA--1,with MA amendments
Sanitary 105 CMR 410.- Massachusetts State Sanitary Code(2023)
Energy2021 Irate iiatioizal Ener-gy Conservation Code,with MA
amendments. 225 CMR 22: Commercial Stretch EneMy Code
Electrical 527 CMR 12.00: Massachusetts Electrical Code
(MEC) (2023 National Electrical Code, with MA
amendments) _ _
Mechanical 2021 lhteriw ional Mechanical Code
Plumbing 248 CMR:Massachusetts Plumbing Code(2021)
Building overview
Existing occupancy: Group U (Utility and Miscellaneous) --Barn
Proposed occupancy: Group F(Factory Group)--Reviewed by ZBA and OHCD
Construction Type: Type IIIB
Height and Area: 1 story with mezzanine;Floor 1: —3,600 sf,Mezzanine: —1,200 sf
New occupant Load: F-2 =3,600 SF 1 100 SF per occupant=36
S-2= I,200 SF 1300 SF per occupant=4
Total occupants=40 occupants
2
Work Area Compliance Method
The premise behind the work is,besides requiring that all new equipment and systems meet the
code for new construction,that additional building improvements are required above and
beyond the scope of work otherwise proposed.
IEBC 503.1.Alterations--Level 1 Level I alterations include the removal and rTeplaceinent of
existing-materials, elements, equipment orfixtures itsing new rnaterials, elements, equipment or
fixtures that serve the same purpose. The itenxs listed below are within the existing building,
there is no addition to the existing building.
A. Improve the thermal envelope of the building with closed cell foam insulation, the
walls and roof will be improved to R--28 for walls and R-49 for the roof.
B. Replace existing windows with new thermal pane windows to match existing size
and character.
C. Install new geothermal HVAC system.
D. Install new lintel over barn door opening to raise height to 12'-0" clear height.
Structural design to be submitted with Code report.
E. Replace overhead door with 7'-o"x6'--8"double door,(2)42"leaf doors for egress.
F. Enclose existing electric panel location with adequate clearance for service.
G. Install new interconnected smoke detectors in the high ceiling area and enclosed
rooms.
H. New exit signs will be installed at exits.
I. Fire extinguishers will be placed at each exit and at 75 foot intervals.
Analysis: This project will not add square footage to the existing building. This report
addresses each building element or system separately and cites the applicable provisions of
Chapter 11.
New Construction
IEBC 702.6Materials and methods.All new work shall comply with materials and inethods
regitireinents in the IBC, IECC, and JMC, as applicable...
Analysis: The new fixtures,finishes,and replacement equipment must meet the provisions
of the code for new construction.
Height and Area Limits
Height and Area Limits for a Type IIIB Buil ding_without Sprinkler System
Height(Feet) Number of Area(ft') Table Aggregate Area
Table 504.3 Stories Table 506.2 (ft2)IBC 506.2.4
504.4
Allowed Proposed Allowed Proposed Allowed Proposed Allowed Proposed1
Group FW2 55' 24' 2 1 12,000 3,600 sf Unlimited 4,800 sf
Analysis: The building complies with the height and area requirements for a Group Fw2 Type IIIB
building without a sprinkler system.
3
1r,
l xterl'or Walls
The exterior wall rating requirements and opening limitations are based on the fire, separation distance for
each wall. The fire separation distance is measured perpendicular,to the exterior wall to the centerline of a
public street, an interior lot line, or an imaginary lot line between two buildings on the same lot(780 CMS.
Section 704.3). The existing walls are permitted to remain as existing. The separation wall of the existing
barn between the existing wood barn is 12" CMU block to provide the I hour assembly between the two
structures.
780 CM. Table 602: Fire-Resistance Rating Requirements for Exterior Walls Based on Fire
Separation Distance
Fire Type of Fire Resistance Rating of Separation lConstruction lExterior Wall Group Wall F-2
Distance
<5 ft 111,13 1 hour Portion of North indicated in red
Analysis: The existing timber framed barn is separated from the'cow barn'with a 1211 thick CM U masonry
wall and steel roof panels.There are no windows or openings within 101-011 of the timber framed barn
ti
..... ..
...........TIMBER FRAME HI(,K 0110 W,
STRUCTURE ATO UNDE
31600 SF
......
MASONRYAND
STEEL STRUCTURE
3,,60O SF
Aa
FircSc)aration Distances and Opening Percentages Diagram
Fir�e Protection Systems
Automatic Sprinkler System
780 CMR Section 9013 Autoinatic Sprh)kler Systein
Section 903,.2.4,Does not meet the requirement to sprinkler the building
1. The area does not exceed 12,000 SF.
2. Is not more than 3 stories above grade.
3. Does not exceed 24,000 SF combined area.
4. Does not manufacture upholstered furniture or mattress.
Seetion 903.2.4.1 Does iiot hail e jt)oodjvorkhig operation.,
4
Fire Alarm System
780 CMR 907 Fire Alarm Detection System
Section 907.2.4.Does not require a manual Fire Alarni system where it does not meet the rninirriirjri
requi'rernents
1. The building is not two or more stories above grade.
2. Does not have an occupant load of 500 or more.
780 CMR 907.2.11 Single-and inultiple--station sin oke alarms.Listed single and inultiple-station
photoelectric Ope sniolce alarins shall he installed in accordance with the current Code.
Carbon Monoxide
There are no fossil fuel burning equipment in the project.
Means of Egress
There are two new egress doors in the project. The existing overhead door in the northeast wall of the barn has a
overhead door-which will be improved to a 7'Wp"x 6'-8"double door.The single door on the southwest elevation will
be unproved to an in swinging door with lever handle set.The exterior sliding door will be fixed in the open position
during hours of operation. The travel distance to each egress is 85'-6"fiom the most remote.
Eneray Code
Energy code requirements are detailed below.
IEBC 1104.1 Minis min requir•einents. Additions to evisting buildings shall conforni to the energy
requirements of the International Energy Conseriwtion Code or International Residential Code as thej)
relate to neiv construction.
-- The project will improve the exterior envelope with foamed in place insulation providing a thermal value of
R.--28 for the walls and R-49 for the roof.New windows and doors will be energy efficient.
Lighting will be improved to LED fixtures throughout the new space.
-- The HVAC system will be improved to a geothermal heating and cooling system.
Analysis:New construction shall comply with the energy code for new construction.The rest of the
building is permitted to remain as-is.
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120 Main Street
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North Andover Massachusetts 01845
1": A'I%%'DbVt"'R
NOTICE OF DECISION
HISTORIC BARN OVERLAY DISTRICT This is cerW that twenty(20)days
SPECIAL PE10T have elapsed from date of decision
without filing of an ap al.
Dat !I
Any appeal shall he filed Carla:D' a Ren
within(20)days after the TOM-Clerk
date of filing this notice in
the office of the Town Clerk.
. Date: August 13,2024
Date of Hearings:July 16,2024.August 13,
2024
Date of Decision: August 13,2024
Petition of: James worden 0 9—0 4-----2132 4- a :L 5 3 P
84 Academy Road Ers-s*a i�-c N o r t h R
North Andover,MA 01845
Premises affected: 56 Academy Road
North Andover..,MA 01845
Assessors Map 95,Lot 9
for a 11istoric Barn Overlay District Special Permit tinder the requirements of
Referring to the above petitiony p
the North Andover Zoning Bylaw,Article 20 historic Barn Overlay District,,Article 10 Administration
Section 195-10.7 and MCI;.Ch.40A,Sec 9.
So as to allow for the use of the 1950 dairy barn for prototyping of solar boats and a ceramic artist's
studio.The prototyping activities include design,fabrication and fit up of models and prototypes,
computer CAI], analysis,development and dry testing of solar boats.The property is located in the
Residential 3 (R3)zoning district,,
After a public hearing held on the above date,and upon a motion by J.Simons and 2nd by C. .osores to
written and based upon the following conditions.
APPROVE the�stoanc Barn Overlay Special Permit as p g
The vote was 4 0 in favor of the application.
Jean Enright
On behalf of the North And�yqFlanning Board
Chairman
ru 4._ • .�4 a.- -x ► 5 (lo evlahan
4A�.,Simons
kk� L`. Tom+ L N
1 XUue Copy
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56 Academy Road(Map 95,Lot 9)
Historic Bam Overlay District Special permit
August 13,2024
The Planning Board herein APPROVES the Historic Barn Overlay District Special Permit so as to allow
for the use of the 1950 dairy barn for prototyping of solar boats and a ceramic artist's studio.The
prototyping activities include design,fabrication and fit up of models and prototypes,computer CAD,
analysis,development and dry testing of solar boats.The property is located in the Residential 3 (R3)
zoning district.The Site is located at 56 Academy Road,Map 95,Lot 9.This Special Permit was
requested by James worden, 84 Academy Road,North Andover,MA 01845.The application was filed
with the Planning Board on June 24,2024. The Applicant submitted a complete application,which was
noticed and reviewed in accordance with the requirements of the North.Andover Zoning Bylaw,Article 20
Historic Barn Overlay District,Article 10 Administration Section 195-10.7 and MGL Ch.40A,Sec 9. The
public hearing on the above referenced application was opened on July 16,2024 and closed on August 13,
2024.
The planning Board voted unanimously(by a vote of 4-0)to grant the Historic Barn overlay District
Special Permit. A special permit issued by the Planning Board,as special permit granting authority,requires
a vote of at least four members of a five-member board.
The Applicant is hereby notified that should the Applicant disagree with this Notice of Decision,the
Applicant has the right,under MGL Chapter 40A,Section 17,to appeal this Decision within twenty days
after the date this Decision has been filed with the Town Clerk.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Article
20,and Section 195-10.7,the Planning Board makes the finding that the intent of the Bylaw,as well as its
specific criteria,are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1. The specific Site is an appropriate location for such a use,structure or condition. The structure is
an existing historic barn and the use of which will help sustain the former agricultural building by
providing a modest income to owners for upkeep and prolong the life of the structure by keeping
the barn in use rather than disintegrating as an unused barn.
2. The use will not adversely affect the neighborhood character. The Project does not propose use
of space outside the barn,light,fumes,noise, or disturbance from activity and will not detract in
any manner from the historic character of the barn or property,nor adversely affect the natural
environment to the detriment of community character and public health safety.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.An existing driveway
provides for appropriate access to the barn,
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The Project does not require any addition facilities/utilities. No Site lighting modifications are
proposed as part of the project.
5. The use is in harmony with the general purpose and intent of Article 20 Historic Barn Overlay
District.
6. The hours of operation will be S:0 0 AM-6:0 0 PM,Monday through Saturday with up to two
cars dedicated to this use. Should hours be extended beyond this timefrarne there will not be any
cars required for this use and there will not be any light, sound or activity perceptible from the
2
56 Academy Road(Map 95,Lot 9).
Historic Barn Overlay District Special permit
August 13,2024
street or neighbors.
7. The two dedicated parking spaces are located on an existing paved surface and situated where
they will not be visible from the street.
8. The North Andover Historical Society Executive Director,Joanna Kerr,provided a letter dated
June 20,2024 to the Applicant,which details an opinion as to compliance with the definition of
pp p
"Historic Barn"given in paragraph 1 of 195-20.4 of Article 20 of the zoning bylaw.
9. The North Andover Historical Commission Chair,Ron Rudis,provided a letter dated July 15,
1P
2024 to the Applicant,which details an opini
pp on as to compliance with the definition of"Historic
Barn"given in paragraph 1 of 195-20.4 of Article 20 of the zoning bylaw.
Finally,the planning Board finds that this Project generally complies with the Town of North Andover
Zoning Y Bylaw requirements as listed in Article 20 as well as Section 195-10.7. The Planning Board hereby
grants an approval to the Applicant provided the following conditions are net:
PER1V T DEFE ITION'S:
10. The"Locus"or `Site"refers to the 31.174 acre parcel of land with land fronting on Academy
Road as shown on Assessors Map 95,lot 9,and also known as 56 Academy Road,North
Andover,Massachusetts 01845.
11. The"project"or"56 Academy Road"refers to the use of the 1950 dairy barn for prototyping of
solar boats and a ceramic artist's studio.The prototyping activities include design,fabrication and
fit up of models and prototypes, computer CAD, analysis,development and dry testing of solar
boats. The property is located in the Residential 3 (R3)zoning district
12. The"App licant"refers to James worden, the Applicant for the Special Permit,its successors and
assigns.
13. The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the Applicant,Developer,and Owner.
SPECIAL CONDITIONS:
14. The use shall operate solely within the four walls of the historic barn as it exists at the time of
adoption of Article 20,without creating any nuisance to abutters of surrounding area and not to
distract in any manner from the historic character of the barn or property.
15. Operation of the use of the historic barn shall not result in any evidence of activity outside those
walls including,but not limited to tracks,trailers,or other types of equipment or vehicles outside of
the barn(other than the maximum of two off-street parking spaces allowed).
16. In no event shall the operation of the historic barn be open to the public,nor shall any retail use or
sales of product/services or other distribution of any product upon the premises or via delivery from
the premises.There shall not be traffic coming to and from the structure throughout the day.
17. No permanent dumpster(s)shall be installed for the use of the historic barn.
18. No new access driveway and/or curb cut(s)shall be created,
3
56 Academy Road(Map 95,Lot 9)
historic Barn Overlay District Special permit
August 13,2024
19. The maximum number of parking spaces to support the use of the historic barn shall not exceed two
spaces and shall be designated on an existing paved surface. No new parking areas shall be
constructed to support the use. On-street parking spaces shall not be used to serve the use of the
historic barn.
20. There shall be no outdoor storage,display,and/or materials,products and goods in connection with
the use.
21. Hours of operation shall be S:o o AM—6:o o PM Monday—Saturday with up to two cars on property.
othere hours with no cars from time to time with no light,sound or anything perceptible from the
street or neighbors.
22. This special permit shall be limited to the current Applicant and shall lapse if the permit holder
ceases operating within the Historic Barn.
PRIOR To ISSUANCE OF SITE WORK,BUILDING PERNUT,OR CONSTRUCTION
23. Two(2)copies of the signed,recorded decision must be delivered to the Planning Department.
S
GENES CONDITIONS .
24. The provisions of this conditional approval shall apply to and be binding upon the Applicant, its
employees and all successors and assigns in interest or control.
25. Any action by a Town Board,Commission,or Department,which requires changes in the design .
of the building,as presented to the Planning Board,may be subject to modification by the
Planning Board.
26. Pursuant to the North Andover Zoning Bylaw Historic Barn Overlay District Special Permit shall
be deemed to have lapsed after.August 13,2026(two years from the date the permit is granted),
exclusive of the time required tb pursue or await determination of any appeals,unless substantial
use or construction has commenced within said two-year period or for good cause as determined
by the Planning Board.
27. The following information shall be deemed part of the decision:
Application for Special Permit and supplemental filings
CC: Abutters
Owner '
Applicant
f
R"
w•
Town of North Andover
Planning Department
Community&Economic Development Division
120 Main Street
Noah Andover,Massachusetts 01845
Town of North Andover Planning Board
Ann l for S ecial Permit
111!1110!11!1:1
Please type or print clearly.
.Petitioner: James Worden
Petitioner's Address: 84 Academy Rd,North Andover,MA 01 845
Telephone number: 989 771-6574
2.owners of the Land: KITCC Farm LLC(a Michigan Limited Liability Company)
Address: 136 E.Michigan Ave.,Suite 1201,Kalamazoo,MI 49007
Number of years of ownership: Since the 1800's
3.Year lot was created: Original in 1 800's,modified several times to its present condition
4.Description of Proposed Project:
Use the 1950 dairy barn for prototyping of solar boats and ceramic art.Uses will follow the limitations and requirements of
the HBOD bylaw:No equipment,supplies,trailers or anything related to the work/use outside the 4 walls except up to two cars to
be parked beside the
barn..
5.Description of Premises: The barn was constructed in 1950 as a dairy/agricultural barn.It is located on a 33 acre
farm property co-located with the Kittredge house and other buildings.
6.Address of Property Being Affected: 56 Academy Rd.,North Andover,MA 01845
Zoning District:—Residential 3 Plan No.95,Lot No.9(from 1950's Assessor's Card)
Assessors Map., Lot#:
Registry of Deeds:Book#: Page#:
7.Existing Lot:
Page 1 of 2
120 Main Street, Planning Dept., North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.northandoverma.gov
Lot Area(Sq.F*W _-11400,000 Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
8.Proposed Lot(if applicable):
Lot Area(Sq.Ft):.-No lot changes— Building Height:. ..No height chages
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
9.Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
14.Existing Building(if applicable): (Dairy barn to be used)
Ground Floor(Sq,Ft,}: 3600 sgft #of Floors:.1
Total Sq,Ft.: 3500 sgft Height, 12'Average,18'peak
Use: Commercial Type of Construction: barn(steel post,beam and rafters)-
11,Proposed Building:
Ground Floor(Sq.Ft.): #of Floors:
Total Sq.Ft. Height:
Use: Type of Construction:
12.Has there been a previous application for a Special Permit from the Planning Board on these premises? if
so,when and for what type of construction?
13.Section of Zoning Bylaw that Special Permit is Being
Requested Historic Bard Overlay District
14.Petitioner and Landowner signature(s):
Every application for a Special Permit shall be math on this lbrm.which is the olrcial lbrin of the Planning Board.Every application shall
be filed with the Town tr lerk's office,It sh€ilI be the restxmsibiIity ofdie petiIiuner to furnish all supporting documentation with this
appucation.The dated copy of this application received by the;Town Clerk or Planning O ice rocs not absolve[lie applicant rrom this
responsibiIityf.The petitioner shall be responsible for till expenses fur filing acid Iegal thati6 cat iott.FaiIure to comply with application
requirentents.as cited herein and in the Planning Hoard Rules and Regulations may result in a dismissal by the Planning 13oard of this
application as incomplete;.
• r
Petitioner's Signature: !+
Print or type name here: James D.Worden
�
Owner's Signature.. (_'4 4"�
Print or type name here: Nancy Kittredge Stockdale
15.Please list title of plans and documents you will be attaching to this application.
No plans as-there arem chana a Pr i f any-kind othu[.thaa Mocemeauf wiadQ'
with exact copies.in same look st le size and sash and trim color Hunter Green made with modem materials.
Attached Documents:
Qertified abutlgr lgtter l l and envela o l"ollo a or's listr vi ed a ch here)
Page2of2
120 fain Street, Planning Dept., North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.northandoverma.gov
Barn Use Narrative for Special Permit Application for Historl'c Barn Overlay District
Jun 18, 2024
Location:
Cow Barn at 56 Academy Rd., North Andover, MA 0 1845
1950 concrete block cow barn located southeast of the tall wooden barn.
Use.-
Prototypi:ng of solar boats and ceramic art
Design, prototyping, fabrication and fit-up of models and prototypes, computer CAD, analysis,
development and dry testing of solar boats. Creation of ceramic art.
No use of space outside the barn, no light, fumes, noise or disturbance from activity.
Hours of operation:
8-6:PM Monday-Saturday with up to two cars. Other hours with; no cars from time to time with no
light, sound or anything perceptible from the street or neighbors.
Proposed off-street parking sketch: (see two red cars by barn)
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