HomeMy WebLinkAboutMemo to Zoning Board in Support of Special Permit - Correspondence - 492 SUTTON STREET 10/17/2023 MEMORANDUM
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To: Town of North Andover Zoning Board
Applicant: Homegrown Lacrosse LLC
Owner: Lawrence Municipal Airport
Property: 492 Sutton Street
Date: October 17, 2023
MEMORANDUM IN SUPPORT OF APPLICATION
FOR SPECIAL PERMIT FOR RECREATIONAL USE
I. INTRODUCTION
Homegrown Lacrosse LLC (the "Applicant") is seeking to further develop a
portion of the Lawrence Airport property, which is proposed to be leased from the
property owner, The Lawrence Municipal Airport(the "Owner"). The airport property
and campus includes more than 400 total acres (17,500,000± SF), is substantially
developed with numerous existing buildings, structures and infrastructure
improvements, and is home to a variety of existing mixed commercial uses in addition
to the airport operations. The main entrance and primary address for the airport
property is 492 Sutton Street and the relevant portion of the property is designated on
the Town Assessor's Records as Assessor Map and Lot: 075.0-0001-0000.13, and with the
property also sometimes identified as 034.A-0075-0001.
The Applicant's proposed development and project site is a portion only of the
airport parcel, which is comprised of approximately 2.5 acres (110,670± SF) of land and
proposed to be leased from the Owner (the"Project Site"). The Project Site is currently
undeveloped and has not currently been assigned an independent street address, but is
located along Sutton Street, between Terminal Road (ie, the Airport access driveway)
and Old Clark Road. It is located within the Industrial 2 (1-2) Zoning District and is also
partially within the Watershed Protection District. In addition to the subject Special
Permit being requested from the North Andover Zoning Board of Appeals ("ZBN') for
the proposed recreational use of the Project Site, it is noted that the Applicant is also
seeking site plan review and watershed special permits for the development and
construction of a proposed new 39,100± SF athletic facility and related site
improvements as described below.
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II. PROPOSED PROJECT AND BACKGROUND
The Applicant presently operates an athletic training facility at 400 Osgood Street
in North Andover and proposes to develop a new 39,100± SF athletic facility at the
Project Site and relocate and expand its existing operations at the new facility. The
proposed new facility would contain approximately 41,100± SF of GFA, in total,
including footprint (39,100± SF ground floor) plus mezzanine level space. While the
floor area will consist mostly of indoor practice fields, there will also be limited
accessory office, administrative, mechanical and flex spaces (of approximately 2,000±
SF), with the mezzanine level viewing area above. In addition to the new builing, the
project will also include development and construction of appurtenant improvements,
all as shown on the plans, including utilities, access drive, parking lot, drainage and
landscape improvements, and such other features and improvements as further
detailed and depicted in the plans submitted with the application.
As referenced above, Project Site is located in the Industrial 2 (I-2) Zoning
District where the use of the property for recreational uses is permitted upon issuance
of a Special Permit from the ZBA. More specifically, §195-4.14 includes the following
provision with respect to allowed uses in the I-2 District:
I. Recreational uses, including swimming club, tennis club, indoor ice skating facility,
and indoor/outdoor athletic recreational facility by special permit.
Accordingly, when the Applicant applied for a building permit to allow for the
construction and development of the Project Site for the proposed athletic recreational
uses, the Building Commissioner issued the denial of the building permit (the"Denial
Letter") which is included with the Applicant's filing, citing as the basis for denial that
the proposed project requires a Special Permit for recreational use as an athletic facility.
III. REQUIRED RELIEF
Based upon the Denial Letter issued by the Building Commissioner the following
relief is required from the ZBA under the North Andover Zoning Bylaw ("NAZB"):
a. Special Permit for recreational use as an athletic facility (Pursuant to
NAZB, §195-4.14(I), and §195-10.7).
In addition, based upon review of the proposed project with Planning and
Community Development and the Towns Technical Review Committee, the Applicant
has also applied for the following relief that is being pursued from the Planning Board:
b. Site Plan Review Special Permit (Pursuant to NAZB, §195-8, PART 3 and
§195-10.7); and
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C. Watershed Special Permit(Pursuant to NAZB, §195-4, PART 5 and §195-
10.7).
IV. SPECIAL PERMIT APPROVAL CRITERIA
The Applicant's proposed special permit for use of the Project Site as a
recreational facility satisfies all of the conditions for granting of a special permit as set
forth in§195-10.7 of the NAZB, and meets all of the criteria described therein as follows:
a. The specific site is an appropriate location for such a use, structure or
condition.
The Applicant's proposed use of the Project Site is allowed with a special
permit in the zoning district and is consistent with other current uses in
area, nearby to the new senior center and to a park and playing fields
utilized by North Andover youth sports programs. It is a convenient and
centrally located area for the proposed recreational use, not far from
schools and community population.
b. The use as developed will not adversely affect the neighborhood
character.
Building and development at the Project Site will be consistent with
surrounding buildings. The project provides appropriate building,
landscaping and screening set back from adjacent properties and will be a
component of the already developed airport campus, and will have
minimum impacts as compared to the existing airport uses. The proposed
uses are well suited for its proposed location and will not change or alter
the character of the neighborhood.
C. There will be no nuisance or serious hazard to vehicles or pedestrians.
The development will utilize the existing Airport access driveway
(Terminal Road) for any access to and from the public roadway (ie, Sutton
Street), with a new internal driveway on the Project Site being located off
Terminal Road and away from the more heavily trafficked Sutton Street.
The Project Site includes necessary drive aisles, parking and walkway
improvements designed to allow for adequate vehicle and pedestrian
access as well as fire/safety access to the building. The proposed use is
anticipated to have a limited impact relative to the surrounding properties
and uses and will create no nuisance or serious hazard to vehicles or
pedestrians.
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d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
The project is adequately and appropriately serviced by all necessary
facilities and utilities to address the needs and operations of the project.
The airport campus is already fully developed with all necessary
infrastructure and utilities (including water, sewer, electric and gas) and
the new facility proposes to connect to existing public service lines at the
airport campus. The proposed athletic facility will not overburden any
public services or utilities.
e. The use is in harmony with the general purpose and intent of the
Zoning Bylaw.
The proposed use is in harmony with the general purpose and intent of
this NAZB. The location of the proposed project is centrally and
conveniently located for parents and students and the proposed use is
consistent with existing nearby properties and uses. The project allows for
use of existing access drives, provides adequate fire/safety access, causes
no harm to abutting properties or to the watershed or any resource areas,
and the project will enhance aesthetics with a new building, landscaping
and screening. Further, the project, as shown on the plans, will comply
with all NAZB dimensional and other requirements subject to obtaining
the requested relief described herein. For these reasons, the proposed
project and use, and all of the proposed improvements and enhancements
noted herein, are in harmony with the general purposes and intent of the
NAZB.
V. REQUEST FOR APPROVAL
For the above reasons, and as are included in the materials submitted and which
will be further discussed upon hearing, the Applicant respectfully requests that the
ZBA make the required findings and conditions described under the NAZB, and grant
the Applicant's request for a Special Permit for Recreational Use of the Project Site, as a
Recreational Athletic Facility.
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Respectfully submitted,
Homegrown Lacrosse LLC
By their attorneys,
Brian G.Vaughan, Esq.
Smolak&Vaughan LLP
East Mill, 21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. (978) 327-5217
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