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HomeMy WebLinkAbout- Miscellaneous - 997 OSGOOD STREET 7/11/2018 OLAK & VAUGHAN � ATTORNEYS AT LAW MEMORANDUM 1 To: Town of North Andover Zoning Board of Appeals Applicant: New Discoveries Early Learning Center, LLC Property: 997& 999-A Osgood Street (Map 35/Parcel 50) Date: July 11, 2018 MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT I. INTRODUCTION The Applicant, New Discoveries Early Learning Center,LLC, is requesting a special permit to allow for the operation of a Day Care Center at 997& 999-A Osgood Street, North Andover, MA (the"Premises"). The Premises are located within and a portion of the building located at 987-1003 Osgood Street, North Andover, MA, which is also known as The 1003 Osgood Street Condominium (the "Property").The Day Care Center operation is also proposed to include an outdoor playground area to be located at the Property.The Property is an existing multi-tenant commercial building that is pre- existing and has previously been permitted, approved and constructed. No changes are proposed to the exterior of the building, site plan or property with the exception of fencing in and constructing an outdoor playground area in an existing grassed common area. Proposed construction to the building would be limited to and interior buildout of the Premises, to include the demising of classrooms,bathrooms, office and storage areas as shown and depicted on the floor plans. Specifically, the Applicant is seeking relief pursuant to Sections 10.3,10.31 and 4.127(22) of the Zoning Bylaw of the Town of North Andover, as amended (the "Zoning Bylaw") in the form of a special permit to allow for the use of the Premises as a Day Care Center. iIII]ZliCii17;c1; i E East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM Metro to North Andover ZBA Re:997&999-A Osgood Street July 11,2018 11, BACKGROUND The Premises are presently owned by Sardinha Osgood Realty, LLC who has authorized the filing of the application for special permit as outlined herein. The Applicant has entered into a lease agreement with the current owner of the Premises located at 997&999-A Osgood Street,which lease is contingent upon the Applicant receiving necessary permits and approvals to operate a Day Care Center at the Property, which is designated on the Town of North Andover Assessors Maps as Map 35, Lot 50. The Property consists of a commercial condominium known as The 1003 Osgood Street Condominium,which is a multi-unit commercial (retail and office) condominium building.The Premises consists of two units in the Condominium (ie, Unit 6,being known as 997 Osgood Street and located on the first floor,and Unit A being known as 999-A Osgood Street and located on the second floor.) The Property was approved for redevelopment in 2011 at which time it was fully permitted and approved for mixed commercial use by virtue of decisions issued by the Planning Board and Conservation Commission. The exterior construction of the building, project infrastructure and site work was substantially completed in or around 2013, with the interior finish of many units having also since been completed and occupied. But certain portions of the interior of the building,including the subject Premises which are intended to now be converted to a Day Care Center,have remained subject to lease and have never been finished or occupied,with the interior buildout yet to be completed. The Applicant intends to complete the interior buildout of the Premises substantially in accordance with the included floor plans and to operate a Day Care Center at the Premises. No exterior structural changes are contemplated to the building, although the Applicant intends to fence in an area to be used as an outdoor playground. The proposed Day Care Center would be managed and operated by Lorrauze Miles, who is the principal of the Applicant. Ms. Miles proposes to open an Early Learning Center to provide education and care for infants, toddlers, and preschool aged children. The operation would employ approximately 8 employees. It would initially operate on the first floor and would intend to be expanded to the second floor as the operation grows. It would initially include approximately 36 children when operating on the first floor and would be intended to expand to approximately 70 children when operated on both floors. The hours of operation are initially proposed to be 6:30/7:30 am until 6:00 pm. The Day Care Center will include nature based outdoor learning opportunities (approximately 2100 sq. ft.) in the play area which is proposed on the grass common area to westerly side/front of the building and as depicted in the included plan. A fence will be added around the play area and a wooden guardrail is also proposed as indicated on the plan to provide protection from traffic.The play area will have no new impervious areas added and would be subject to any necessary approvals from Conservation Commission. 2 (00120607;%t) Memo to North Andover ZBA Re:997&999-A Osgood Street July 11,2018 The Property is located in the Business 2 ("B-2") Zonh-Lg District where the use of the Property as a Day Care Center is permitted upon issuance of a Special Permit from the Zoning Board of Appeals. Accordingly,when the Applicant applied for a building permit to allow for the interior buildout of the Premises, the Building Inspector issued a denial of the building permit(the "Denial Letter"),citing as the basis for denial that the proposed project requires a Special Permit for use as a Day Care Center. IIh DISCUSSION As noted above,the Petitioner is requesting a special permit for the use of the Premises as a Day Care Center. Section 2.29.2 of the Zoning Bylaw defines a Day Care Center and Table 1:Summary of Use Regulations and Section 4.127(22) of the Zoning Bylaw specify that the use as a Day Care Center is permitted within the B-2 District upon issuance of a Special Permit. The special permit is being requested pursuant to Sections 10.3 and 10.31 of the Zoning Bylaw. The general requirements for issuance of a special permit are addressed in Section IV of this memo,below. There are no expressly detailed dimensional requirements or other specific operating requirements outlined in the Zoning Bylaw. It is noted that the principal of the Applicant, Lorraine Miles,is well educated and qualified in the field of early childhood education,having obtained a Masters of Education with Special Needs and Applied Behavior Analysis from Endicott College and with a Bachelor of Science in Psychology with a minor in Education as an undergraduate at Salem State University. She also has 14 years of practical experience in childhood education. Her resume is included as evidence of her qualifications to operate the Day Care Center. i In addition,it is noted that the proposed project has undergone review by the Towns technical review committee (TRC) and has incorporated a proposed guardrail system to help ensure protection for children from any vehicular traffic at the suggestion of the Town's safety officer. The project will be submitted for review by the Conservation Conunission with respect to the proposed construction of the outside play area, but it is intended to have a limited impact with no impervious surfaces to be added and with the play area to be intended as a nature based learning area. IV. BASIS FOR SPECIAL PERMIT The Petitioner's proposed special permit meets all of the conditions for granting of a special permit as set forth in Section 10.31 of the Zoning Bylaw,and each of the required points 1 through b appearing in Section 9 of the Special Permit Application, which are addressed v-i this application, including as follows: 10 11200(17;v 1; 3 Memo to North Andover ZBA Re;997&999-A Osgood Street July 11,2018 1. The particylar use proposed ror the land or structure: The proposed use for the land will be for the operation of a Day Care Center,including an outdoor play area, which is an allowed use in the B-2 zone with and upon issuance of the special permit. 2. The specific site is art appropriate location for sticlt use structure or corrditiow The use is permitted by right (with special permit) and the appearance will remaun consistent with the existing development with no exterior changes proposed to the building or site plan,with the exception of the fencing to be added surrounding the proposed play area.The existing building and site plan was previously approved by the Planning Board and is consistent with the neighboring commercial properties. 3. Dwre will be no nuisance or serious liazard to vehicles or pedestriflim The traffic patterns will not be substantially increased as the Day Care Center use creates limited traffic. In fact, the Property was initially permitted and approved with contemplation of a possible restaurant use in the Premises which would be a substantially greater and more intense use with respect to traffic count and parking demands,so the use of the property as a Day Care Facility should have a lesser traffic demand than the project was initially approved for. Conversion of the Premises to use as a Day Care Center will not create any hazard. 4. Ade.uate arid appropriate acilities Will be rovided r the ro era era ono the proposed use: The Property is in an existing mixed commercial use property with all necessary facilities presently existing and in place. 5. The use is in lrarruonnt.with the ptyVose and hitertt of the Zoning BJla7n: Allowing the Day Care Center use unit will not derogate from the intent or purpose of the Zoning Bylaw. The proposed use is a permitted use in the B-2 zone subject to issuance of a special permit, and will fulfill a need of service to the community. The use is permitted by right and the appearance will remain consistent with other properties within the neighborhood. 6. Specific re elerrce arid response to the criteria required by the pai'ticrrlar Special Pernut or•which this application is made (i.e. the Earth Reruoval Special Perylit lots uni ire criteria and strburittal re uirerrrerrts. : Not applicable. There are no specific criteria required or outlined that must be met in particular for a Special Permit for a Day EE Care Center. There are no unique criteria or submittal requirements. Accordingly,for the reasons stated above, and others that will be presented at the hearing, Applicant respectfully requests the Zonirng Board of Appeals to grant the requested special permit,and to allow the proposed use of the Premises as a Day Care Center. ` 101)120607;v1 i 4 Memo to North Andover ZBA Re;997&999-A Osgood Street July 11,2018 Respectfully submitted, i New Discoveries Early Learning Center, LLC By its attorney, Brian aughan,Esq. SMOL &VAUGHAN LLP 21 High Street,Suite 301 North Andover, Massachusetts 01845 Tel. (978) 327-5217 E [0012(1607;N-0, 5 i f'