HomeMy WebLinkAboutMemo to ZBA in Support of Special Permit Application
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals (“ZBA”)
Applicant: 1250 Osgood St LLC
Property: 1250 Osgood Street
Map 35, Parcel 10
Date: February 12, 2026
MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT
I. INTRODUCTION
The Applicant, 1250 Osgood St LLC, is redeveloping 1250 Osgood Street for use
primarily as a daycare and now proposes to use a portion of the Property for a recreational use
as a swim school. More specifically, the Applicant is seeking relief pursuant to §195-4.14.I and
the general requirements of §195-10.7 of the Zoning Bylaw of the Town of North Andover, as
amended (the “Zoning Bylaw”) in the form in the form of a special permit to allow for the
recreational use of a portion of the Property as a swim school. To be clear, the proposed swim
school use would be in addition to the intended primary use of the Property as a daycare.
II. BACKGROUND
The Property is the site of the former Hokkaido Restaurant and previously Beijing
Restaurant located at 1250 Osgood Street (Route 125). It was purchased in June, 2023 by Milford
Learning LLC and transferred to its affiliate, 1250 Osgood St LLC in March, 2025, the current
owner and Applicant. The Applicant proposed to build a new wood frame structure to be used
for daycare and medical office uses which project was approved by the Planning Board for
limited site plan review and for various variances by the ZBA (as further described below) for
other required dimensional zoning relief. The Applicant has commenced development by
razing the prior structure and has commenced site work.
In the course of marketing the office space for lease, a new prospective tenant was
identified who would like to use a portion of the building for a swim school rather than as office
space, which swim school use the Applicant believes is a compatible and complementary use to
the daycare. The Property is located in the Industrial 2 (“I-2”) Zoning District where the
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Memo to North Andover ZBA
Re: 1250 Osgood Street
February 12, 2026
proposed use for daycare and medical office was permitted by right, but in which Zoning
District a swim school is permissible as a recreational use with a Special Permit from the ZBA.
The ZBA has alreadygranted front and rear yard setback variances pursuant to §195-7.3
and the requirements as set forth in Table 2 Summary of Dimensional Requirements, of the
Zoning Bylaw and a Sign Variance for the location of a free standing pylon sign. See Notice of
Decision (Petition No. 2024-06) approved on May 21, 2024 (the “ZBA Building Variance
Decision”) and Notice of Decision (Petition No. 2024-12) approved on October 8, 2024 (the “ZBA
Sign Variance Decision”). Specifically, the ZBA Building Variance Decision granted variance
relief: (a) of 67.87 feet with respect to the front building setback (ie, a front setback of
approximately 32.13 feet where a minimum of 100 feet is required in the I-2 zone along Route
125 pursuant to footnote 1 in Table 2 of the Zoning Bylaw); (b) variance to allow parking within
the first 50 feet of the front setback; and, (c) of 5.92 feet with respect to the rear building setback
(ie, a rear setback of approximately 44.08 feet where a minimum of 50 feet is required pursuant
to Table 2 of the Zoning Bylaw), and the ZBA Sign Variance Decision granted variance relief of
34 feet with respect to the front sign setback (ie, a front sign setback of approximately 6 feet
where a minimum of 40 feet is required.)
The Applicant is not seeking any dimensional changes to prior variances as the building
footprint, structure and location remain consistent with the original approval and design, with
the proposed changes to accommodate the swim school use (in lieu of office) are all internal
design changes. By this application, the Applicant is only seeking approval by Special Permit to
allow the recreational use for the swim school.
III. DISCUSSION AND LEGAL BASIS FOR SPECIAL PERMIT
As noted above, the Petitioner is requesting a Special Permit for the use of a portion of
the Property as a swim school pursuant to §195-4.14.I of the Zoning Bylaw, which the Applicant
believes is a compatible and complementary use to the daycare and is a needed service in the
best interests of the community. The Applicant’s proposed special permit meets all of the
general conditions for granting of a special permit as set forth in §195-10.7 of the Zoning Bylaw
as follows:
1. The specific site is an appropriate location for such use, structure or condition: The use is
contemplated in the Zoning District (with a special permit) and the appearance of the
Property and project will remain consistent with other commercial buildings in the area
and all other previously granted approvals for the site.
2. The use as developed will not adversely affect the neighborhood: The proposed use for the land
will provide no adverse impact to the neighborhood and is an allowed use in the I-2
zone with and upon issuance of the special permit. Other impacts on the neighborhood
will be deminimis.
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Memo to North Andover ZBA
Re: 1250 Osgood Street
February 12, 2026
3. There will be no nuisance or serious hazard to vehicles or pedestrians: The conversion of the
use of a portion of the building from office to swim school will not create any hazard.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use:
The Property is in an existing developed commercial corridor with all necessary facilities
presently existing and in place.
5. The use is in harmony with the purpose and intent of the Zoning Bylaw: Allowing the
conversion to swim school will not derogate from the intent or purpose of the Zoning
Bylaw. The proposed use is a permitted use in the I-2 zone with special permit and is
consistent with and in keeping with other commercial properties in the area. The use is
permitted by right and the appearance will remain consistent with the existing
approvals for the project and other businesses within the neighborhood.
Accordingly, for the reasons stated above, and others that will be presented at the
hearing, the Applicant respectfully requests that the Zoning Board of Appeals grant the
requested special permit, to allow the use of a portion of the Property for recreational purposes
as a swim school.
Respectfully submitted,
1250 Osgood St LLC
By its attorney,
__________________________________
Brian G. Vaughan, Esq.
SMOLAK & VAUGHAN LLP
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. (978) 327-5217
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