HomeMy WebLinkAboutWaiver - 100 BELMONT STREET 8/5/1996 Mark cbinsc Holland Associates
ARCHITECTS
70 WOODBURN DRIVE METHUEN, MASSACHUSETTS 01844-2829
(508) 689-7500 Fax(508) 687-6441
5 August 96
Town of North Andover
Planning Board
Town Hall Annex
North Andover MA 01845
Re: Request for Waiver from Site Plan Review
100 Belmont Street, North Andover MA
Andover School of Dance, Proponent
Dear Madam:
The Proponent hereby requests a WAIVER of Site Plan Review from the Board in
accordance with the provisions contained on Section 8.3.II.C.2 of the By-law for the
reasons cited herein.
1. The project involves only a change of use of an existing structure; such new use
being an allowed use in the district. The change is from Business/Storage use to
Assembly.
2. The development does NOT reach the 2000 square foot threshold for additions to
an existing structure cited in 8.3.II.A.2;
3. The development does NOT require the addition of any additional parking spaces,
as cited in 8.3.1l.A.2;
4. The development involves only the change in use of the existing building
(from current use as and office building and ambulance garage to proposed use as a
dance and gymnastics school. This development does NOT include changes to traffic
circulation, storm water drainage onto or off the site and does NOT result in the
requirement of five or more new or additional parking spaces.
Attached is the original request to the Commissioner of Buildings for a determination of
Status, and his reply letter which was just received.
This office, on behalf of the Proponents, respectfully request that this be dealt with as a
"Waiver" in accordance with the By-Law and our discussions and that the waiver be
discussed at the next available regular session of the Planning Board.
Should you have any questions or require supplemental information, please feel free to
contact me at 508-689-7500. Thank you for your attention to this matter, and I remain
Sincerely you
MARK OB I ON HOLND ASSOCIATES
'114. Holland Registered r
encl: 2
cc: Mr. and Mrs. LaMontagne --
file
100 Belmont Street
Site Plan Criteria
1. North Arrow/Location Map
Site is an irregular shaped parcel bounded on the East by Baldwin Street; on the North by
Belmont Street; and on the West by Marblehead Street. The existing building is located
on the Northeast corner of the block. The land uses surrounding the site are generally
described as follows:
Northerly, commercial buildings;
Easterly, a Town-owned park;
South and Southwesterly, Residential
2. Survey of the Lot/Parcel
See plan showing existing Site Layout, including building, paving and other existing
improvements.
3. Name/Description of Project
Property is currently owned by M. Anthony Lally et ux, and is under Purchase Agreement
with the Proponent, North Andover School of Dance. The property will have a single
use/single ownership resulting from the consolidation of two separate facilities currently
in downtown North Andover. (At present, the building houses offices on the first floor,
and an ambulance service garage and satellite office on the ground floor).
The proponent, North Andover School of Dance and Gymnastics is an established
business presently occupying two (2) locations in the Town of North Andover, providing
training and resource facilities for persons from 2 1/2 years to adult, with primary focus
on those youths approximately 6 to 14 _years of age. The school's co-owners, Deborah
Lamontagne and Leo Lamontagne have provided this educational opportunity as a
"private school for profit," pursuant to the requirements of the Zoning By-Law - Town of
North Andover- 1972 - Reprinted 1995 edition, for the past twenty one (2 1) years, in
varying locations. The family currently occupies properties which are on School Street
and on Main Street in the center of town, and are currently renting(leasing) the spaces.
The proponent currently holds a Purchase and Sales (P&S) Agreement for the building
located at 100 Belmont Street,to where they wish to consolidate their operation under
one roof, and their ownership.
Ms. Lamontagne who directs the day-to-day operations of the business has advised us
that they operate from 9:30 to 11:30 AM and from 3:30 to 8:30 PM Monday through
Friday and from 9:30 AM to 3:30 PM on Saturday. No classes are held on Sunday.
It is the intent of the proponent to undertake a renovation of the premises to allow the
proper and efficient utilization of the building. These renovations fall into several
categories, to wit, (1) the demolition and removal of existing partitions and
improvements currently on the ground floor (currently a garage and satellite office for a
private ambulance service), and the installation of new toilet rooms and a small parents
drop-off lobby with limited waiting area, and a gym equipment storage room. The
remainder of the work on this level would be limited to painting, new lighting and
correction of concrete floor irregularities; (2) the demolition and removal of certain
existing non-structural office partitions and the portals associated therewith, to
reconfigure the space to include a third teaching studio on the first floor. Additional
work would include electrical and lighting changes and patching of the existing
suspended ceiling caused by the removal of the partitions; (3) Installation of a new
stairway, exterior to the building to provide a second means of egress from the first floor
to grade, and exiting on the Westerly side of the existing building. This addition of a
second exit means is necessitated by the change in occupancy classification; it would
occupy less than two hundred square feet, and would comply with all required
dimensional criteria of the Zoning Code; (4) Replacement of the roof. an ordinary repair
pursuant to 78OCNIR 201.0,
4. Easements/Legal Conditions
None
5. Topography
The site slopes from its South corner towards the North-Northwest approximately 10
feet. The site currently is in its anticipated final form (with the exception of the addition
of the new emergency exit stairway from the first floor to existing grade, which will be
constructed on the Westerly side of the existing building) Building access to the ground
floor is "at grade" on the Belmont Street (Northerly) side.
6. Zoning Information
See Item 3 (above)
7. Storm Water Drainage
No additional paving is proposed for this project therefore the drainage will remain "as-
is." There are presently no known site drainage problems. All roof drainage is internal
to the building and are direct-connected to the storm water system.
8. Building Location
The building currently exists and is as shown on the plan submitted. The structure
consists of a ground floor and first floor, each with approximately 7482 gross square feet.
9. Building Elevation
No changes in addition to that contemplated in Item 3 (above) are planned. Photos have
been submitted of the existing conditions.
10. Location of Parking/Walkways
Parking and Walkways are as indicated on the plan submitted.
11. Location of Wetlands/Notice of Intent
There are no wetlands on the site or within 100 feet of the site.
12. Location of Walls/Signs
There are no retaining walls on the site. On the Belmont Street Side of the property there
is an existing wall-mounted sign indicating"100 Belmont Street." The proponent
intends to add a matching"applied letter" sign, to wit "NORTH ANDOVER SCHOOL
OF DANCE AND GYMNASTICS"to the building on the Belmont Street side, in
accordance with the sign ordinance.
13. Location of Roadways/Drives
See drawing submitted
14. Outdoor Storage/Display Areas
None
15. Landscaping Plan
Site is currently fully landscaped and no changes are foreseen. (See Photos)
16. Refuse Areas
A dumpster is not required.
17. Lighting Facilities
No changes in existing lighting or additional lighting for the site is proposed.
18. Drainage Basin Study.
None
19. Traffic Impact Study
None
20. Commonwealth Review
None
I Mark Robinson Holland Associates
Architects
70 Woodburn Drive
Nlethuen MA 01844-2829
3 Tel:508.689.7500 Fax 508.687.6441
4 Representing:North Andover School of Dance and Gvmnasties
6 DEPARTIMENT OF INSPECTIONAL SERVICES-NORTH ANDOVER NIA
SUMMARY OF CODES AND CITATIONS PERTAINING TO
8 CHANGE OF USE AT 100 BELMONT STREET, NORTH ANDOVER MA
1)
10 TO TEtE:COMMISSIONER OF BUILDINGS_
I I OVERVIEW
t2 The proponent, North Andover School of Dance and Gymnastics is an established business presently occupying
13 two(2)locations in the Town of North Andover, providing training and resource facilities for persons from 2 1/2
14 years to adult, with the primary focus on those youths approximately 6 to 14 years of age. The School's co-owners,
15 Deborah Lamontagne and Leo Lamontange have provided this educational opportunity as a"private school for
16 profit,"pursuant to the requirements of The Zoning ByLaw-Town of North Andover- 1972 -Reprinted 1995,for
17 the past twenty one(21)years, in varying area locations. The family currently occupies properties which are on
18 School Street and on Main Street in the center of town, and are currently renting(leasing)the spaces. The proponent
19 currently holds a Purchase and Sales(P&S) Agreement for the building located at 100 Belmont Street,to where they
20 wish to consolidate their operation under one roof, and their ownership.
1 Ms. Lamontagne who directs the day-to-day operations of the business has advised us that they operate from 9:30 to
22 11:30 AM, and from 3:30 until 8:30PM Monday through Friday and from 9:30ANi to 3:30 PM on Saturday.
23 It is the intent of the proponent to undertake a renovation of the premises to allow the proper and efficient operation
24 of the school. These renovations fall into several categories, to wit(1)the demolition and removal of existing
75 partitions and improvements currently located on the ground floor, (currently a garage and satellite office space for an
26 private ambulance service), and the installation of new toilet rooms and a small parents' drop-off lobby with limited
27 waiting area, and a gym equipment storage room. The remainder of work on this level would be limited to painting
2s new lighting and correction of concrete floor irregularities; (2)the demolition and removal of certain existing non-
29
Page 1
I)
i
I structural office partitions, and the portals associated therewith. to reconfigure the space to include a third teaching
studio on the first floor. Additional work would include electrical and lighting changes, and patching of the existing
3 suspended ceiling caused by the removal of the partitions; (3) Installation of a new exterior stairway, exterior to the
1 building to provide a second means of egress from the first floor to grade, and exiting on the Belmont Street side of
the existing building. This addition of a second exit means is necessitated by the change in occupancy classification; it
6 would occupy less that two hundred square feet, and would comply with all required dimensional criteria of the
Zoning Code; (4) Replacement of the roof: an ordinary repair pursuant to 780 CiVIR 201.0.
S REQUEST TO THE COMMISSIONER FOR A FINDING OF ZONING FACTS
9 The proponent requests the Commissioner of Buildings for the Town of North Andover to find as follows:
1p First, that a finding must be made by said commissioner prior to submission of any request(s)to the Planning Board
11 of North Andover;
12 Second, that the building exists on land within the Town of North Andover and is thus under his jurisdiction;
13 Third, that the proponent requests total additional square footage equal to less than 2000 square feet(to wit,
14 approximately 180 square feet in the aggregate)of gross area; such amount being less that that cited by Section 83
15 (1I) I and 2 of the Zoning Code;
16 Fourth, that based on the evidence presented below,the occupancy load of the building, further based on the cited
17 requirements of 780CiVIR Section 800, et seq., truly and satisfactorily sets forth the maximum number of persons to
1s be occupying the building, and that maximum number is the true and appropriate occupancy to be used for
19 determinations of the required number of parking spaces;
20 Fifth, that due to the determination resulting from the item above, less than"five(5)new or additional parking
21 spaces," (in reality the number being zero) results from this proposed activity;
22 Sixth, that the replacement of the roof is an`ordinary repair"by definition, and
23 Last, that there are no"new processes" proposed for the site and that construction, site improvements or
24 developments proposed present no identifiable nuisance to adjacent property or traffic circulation, and that storm
25 water drainage is unaffected by this permit.
26 DATA IN SUPPORT OF PROPONENT'S REQUEST
L7 IN SUPPORT OF ITEM ONE
28
29
Page 2
I The North Andover Building Inspector is empowered with enforcement by Section 10, et seq. of the Zoning Code to
Administer said Code, as amended to date. Further,that applicable sections include, but are not limited to, Sec. 3.1,
3.2 and 3.3,4.135, 7.0 et seq., 8.0 et seq., and Section 8.3. Therefore, it is our contention that the Commissioner is
a the proper official to act on this request and respectfully request concurrence.
IN SUPPORT OF ITEM TWO
The property is located on the south side of Belmont Street at Baldwin Street, with an address of 100 Belmont
Street, as shown on the Town of North Andover Assessor's Map Number 8, Lot 5. Being thus indicated, the
s property exists within the Town and is under the jurisdiction of the Commissioner.
IN SUPPORT OF ITEM THREE
10 The proponent proposes to undertake no structural alterations to the building, with the exception of the construction
11 of a new means of egress stairway from the west side of the First Floor to grade. Currently,the building, a mixed use
12 structure consisting of Group B on the first floor and S-2 on the Ground Floor requires only one(1)exit from the
13 First Floor. Since B and S-2 are the only Use Groups permitted one exit under the requirements of 780C1V4Z809.3,
14 the change to any other group, as in this case, Use Group A., requires a second exit. It is the proponent's intention to
15 construct an addition to house a stairway(only); such addition being approximately 9.0 feet by 20.0 feet, and
16 otherwise conforming to the requirements of the code. As this addition is 180 square feet, it falls below the threshold
17 of 2000 square feet, and therefore is EXEMPT from Site Plan Review consideration under 8.3.II. B2 (first line).
is Thus, we respectfully request a finding of EXEMPTION pursuant to 8.3.II.13.2.
19 IN SUPPORT OF ITEM FOUR
20 In preparing for this submittal, the proponent provided the Architect with various forms of information regarding the
21 Use and Operation of the proposed facility. This information was reviewed, deemed reasonable and was relied upon
by the Architect. Historical records of the proponent indicate that the class size varies from as few as five(5)persons '...
23 plus an instructor,to no greater than fifteen(15)persons plus an instructor. Ms. Lamontagne states that, in her
24 opinion as a professional trainer of young gymnasts, ratios of greater than 15:1 presents an unsatisfactory condition,
2� both in aspects of quality of instruction and in monitoring the safety of the participants. Ms. Lamontagne further
26 states that the use of two (2)or more instructors in a single studio space is unworkable and is not acceptable pursuant
27 to her agreements with parents regarding maximum class size. For the purpose of developing a"worst case"
28
29
Paae 3
scenario, we have considered the presence of an"aide," or adult"spotter," although this has never been practiced
according to ivis. Lamontagne.
Therefore, considering that there are three(3) studios(two on first floor, one on ground floor)the tabulation of
4 occupants is as follows:
(1 Instructor— 1 Aide� 15 Students)x 3 Studios = 51 Persons
6 plus
7 1 Secretary-the Owner/manager = 2 Persons
S Additionally, it is estimated that, with the youngest age groups(2 1/2 to 6_years), approximately 33 1/'0 of the parents
9 wait at the facility while their children are in class. (The remaining 66 percent drop off and pick up the children).
10 Again assuming"worst case,"this would result in:
11 (15 students x .33 )x 3 Studios = 15 Parents, for a total occupancy load of
12 68 Persons (at full occupancy)'
13 Using the requirements presented in the Zoning Code at Section 8.1 Off-Street Parking, "...other places of assembly",
14 the requirement is for"1 space per 4 persons based on the design capacity of the facility." Thus applying the code
15 requirement at 8.1 the calculation is:
16 68 persons/4 = 17 parking spaces required.
17 On the plan prepared by M. Anthony Lally Associates, Consulting Environmental Engineers, dated August 1989, a
is total of sixteen (16) spaces are identified on the existing"upper lot," and an additional thirteen(13) spaces on the
i g existing"lower lot"for a total of 29 spaces or 170%of the minimum requirement.
20 The proponent has expressed a willingness to base the posted occupancy load of the building on these calculations.
1 We therefore ask the Building Commissioner's concurrence with these stated calculations.
22
23
,4
,5
26
27 Even if the proponent took a"beyond code"approach,that is 3 instructors, 3 aides,the owner and a secretary, and
28 assigned a total of 8 non-transient spaces, then added 1/4 space for each of the student occupants(45 x 25%= 11.25,
29 say 12 spaces, the total required would still only amount to 12+8 =20 spaces. With 29 provided, a surplus of 45%.
Page 4
(
1 IN SUPPORT OF ITEM FIVE
_ After consideration of the information contained in Item Four(above)we respectfWly request the Commissioner's
concurrence that NO new parking spaces are required, and that this part of the development is EXEMPT from Site
4 Plan Review pursuant to Section 8.3.II.132 (second line).
s IN SUPPORT OF ITEM SIX
That roof replacement is, in fact covered under 780C, 20 1.0, being defined as an"ordinary repair." As such, we
respectfully request the concurrence of the Commissioner that this work is EXEMPT under Section 8.3.11-B.3 as not
S exceeding the provisions of Section 8.31.l.c.
IN SUPPORT OF ITEM SEVEN
10 Based on the information contained herein, it is the opinion of the undersigned, a Registered Professional Architect in
11 the Commonwealth, that the proposed use is an"allowed use" in the district, requiring no"special permit" or similar
12 action, that no new processes are proposed for the site which would be detrimental to the adjacent property, and that
13 the construction is limited to that required to bring an existing structure into greater compliance with the various
la applicable Codes, such improvements being in the best interest of the good and welfare of the citizens of the Town of
15 North Andover, and that existing storm drainage is unaffected by this work. We respectfully request the concurrence
16 of the Commissioner that this Change in Use Group and it's accompanying repairs, addition and renovations are of a
17 "minor" nature.
18
19
0
_1
22
23
14
25
26
27
28
29
Page 5
I
I i
SUNIMARY
3 The proponent, based on the information contained herein, requests that the Commissioner of Buildings for the Town
t of North Andover, communicate to the office of the Planning Board of the Town, that in his opinion the proposed
project, either by Exemption from Regulation or failure to meet the minimum threshold requirements for construction
6 and parking spaces necessitating a Site Plan Review pursuant to Section 3.3 of the Bylaw, the project is likely eligible
7 for a Waiver of Site Plan Review, pursuant to Section 3.3.11-C.I of the Zoning Bylaw; such waiver needed to
S consider only the effects o the change of use.
9
10 Respectfully Submitted,
1 t XARK ROBINSON HOLLAND ASSOCIATES,ARCHITECTS
12
13
14 Mark R. Holland, Registered Architect No. 5713
15 for the Proponents
16
17
13
19
20
1
22
23
24
5
26
27
28
29
Papa
Town of North Andover U4 sORTM ,
ti
OFFICE OF �? y` 00
COMMUNITY DEVELOPMENT AIND SERVICES p
146 Main Street
u a
North Andover, Massachusetts 0 184
wiz,Lituu J. scow
S�ACHUSto
Director
July '-9. 1996
_GIs. Debbie Lamontagne
North Andover School of Dance & Gymnastics
30 School Street
North Andover, NLA
Dear GIs. Lamontagne:
According to the information supplied to me, a site plan review is needed for a change of
occupancy for 100 Belmont Street, North Andover-
Thank you.
Very truly yoursv'
.1
rennet
vcai 9-Mill ing 1 Spector
S/g
c: -� Holland Assoc.
No. Andover Planning Board
R Nicetta, Btdg. Commissioner
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.ANN NG 688-9535