Meeting Minutes
A meeting of the Planning Board was held on Wednesday, July 25, 2018 at 7:00 p.m. in the Maney Meeting Room at Town Hall. Present: Chairman Brian Charville, Clerk Charlie Wills, and John Gioioso; Vice-chairman Michael Sheehan and Katherine Flaws were absent. Chairman Charville called the public meeting to order at 7:01 PM and announced it was being recorded. He stated that a quorum had been reached as 3 Board members were in attendance.
1. Continued Public Hearing – Sagamore Place (Janet Way)
Mr. Wills made a motion to reopen the hearing and Mr. Gioioso seconded it; the motion carried 3 – 0. Vice-chairman Sheehan arrived. Mr. William Angus Bruce said progress was behind schedule and requested an extension until Town Meeting. Chairman Charville questioned that, but said the Public Hearing could be extended until the next Planning Board (PB) meeting on August 29. Mr. Gioioso made the motion to do so, and Mr. Wills seconded it. The motion carried 4 – 0.
2. ANR Plan - #385R Broadway & #395 Broadway – Proposed Modification
Atty. Mark Kornitsky informed the PB of a minor modification to the submitted plan. The revised plan shows 2 easements that were missing. Chairman Charville asked what became of the prior plans; Atty. Kornitsky said they would be destroyed. Chairman Charville requested a motion to endorse the plan as modified; Mr. Wills made the motion and Mr. Sheehan seconded it. The vote carried 4 – 0.
3. 160 Moulton Drive (Bali Hai) – Board of Appeals case #18-18
Atty. Ted Regnante introduced Eric Lane of Hayes Engineering, Stephen Sousa of Sousa Design, James Emmanuel, landscape architect, and David and Matt Palumbo, the applicants. Atty. Regnante presented the proposal, which requests replacing an existing, nonconforming 273 seat restaurant with a 32 unit, nonconforming apartment building. Atty. Regnante said the present law allows the change from “nonconforming use to nonconforming use” and associated improvements provided that “the new use is not substantially more detrimental to the neighborhood than the existing use”; this is found in Section 5.0 of the Zoning Bylaws. He said the new proposal needs no variance, and that the requested relief is the nonconforming use. Atty. Regnante said the area was zoned Residential in 1929 and the Bali Hai opened in 1953; therefore, it is currently a nonconforming use.He stated again that in such cases, the “new nonconforming use must be not more detrimental to the neighborhood” than the prior nonconforming use. Atty. Regnante said this is true for multiple reasons, including: replacing a commercial use building with a residential unit is more in line with the area, traffic would be decreased, and a reduced number of disturbances at the property as the liquor and entertainment licenses would not be in use. Atty. Regnante distributed a recap of police reports from the property. Chairman Charville asked what would become of those liquor and entertainment licenses if the apartment use began; Atty. Regnante said they would be returned to the town. A copy of the current entertainment licenses was distributed. Atty. Regnante said the site plan proposal meets all residential zoning requirements including lot size, setback from center line, lot frontage, and maximum allowable height; the proposed height is 34’; 40’ is allowed. Other favorable features of the plan are: only 67 parking spaces (more than 2 per unit, when the state standard is 1.5 per unit) vs. the current 160, an increase in impervious surface area vs. pervious, and the replacement of an aging septic system with a new, state-of-the-art system. Atty. Regnante said the plan includes 32 units of luxury (not subsidized) housing consisting of 1- and 2-Bedroom units that would rent for up to $3600 per month, and that they would not be marketed to families. The Town has requested additional parking spaces for the adjacent Newhall Park, and these will be provided (16 spaces) at the rear of the property (northwest corner of the parcel) on a seasonal basis. Lighting on the property will conform to the town bylaw. Other improvements to the property will include a discreet 2’ sign vs. the existing sign and extensive landscaping. The large trees on the perimeter of the lot will all remain.
Mr. Lane presented the site plan. He outlined the traffic impact study; the conclusion of which was there is no detrimental impact from the plan, as PM vehicle traffic would be decreased by 9 trips and AM traffic would be increased by 9 trips during the peak hours. Mr. Lane said stormwater is currently collected in 2 catch basins on the right (east) side of the property to the baseball fields, and the remainder flows down Oak Street. The plan calls for a decrease of impervious area from 72% to 52%, and the addition of green space. Mr. Lane said that drinking water in the area was reported to have low pressure, and this will be improved by the project; he has requested flow information from the Lynnfield Fire Department. Current water use (based on the use for a 273 seat restaurant) is 15,120 gallons per day (GPD); this will be reduced by 9000 gallons to 6,160 GPD (based on 56 bedrooms). The Fire Department (FD) has expressed concern about the length of their ladders to the roof height; Hayes has done a study and determined there will be no problem. The FD will conduct their own review. Architect Stephen Sousa said the building will be a classical design and existing large trees will remain in place to shield the building from view. Mr. Sousa said the proposed mansard roof will reduce the scale of the building and that condensers will be housed on the roof to keep HVAC units hidden. The sign at the front will only be 6’ by 2’. Mr. Sousa said the 1 BR units will be 700’ square feet, and the 2 BR units will be 1000’ – 2000’ square feet.The building will include a Mail Room and a Sprinkler Room off the lobby. Landscape architect James Emmanuel said the plan includes the preservation of substantial trees, planting dense evergreens along Oak Street as a buffer, using deciduous (for height) native and drought-resistant trees along Moulton Drive, and many ornamental plantings.
Chairman Charville requested questions from PB members. Mr. Sheehan asked about the 2 comparable legal cases cited by the applicants’ counsel; specifically, what were the nonconforming uses of the properties in those cases. Atty. Jesse D. Schomer of Attorney Regnante’s office said he would get the specific answers requested, and that there has never been a case where a residential use was not found to be preferable to a commercial use. Mr. Gioioso asked if the applicants had considered single-family residences as a use on the site. Mr. Matthew Palumbo answered that the price of the land made 3 single-family residences not financially feasible. Mr. Gioioso asked about the impact on schools if Lynnfield empty nesters moved to the apartments if they are built; Atty. Regnante said the project will be marketed to younger people. Mr. Sheehan noted there would be no restrictive covenants; Mr. Palumbo said he and his brother will be on-site property managers and will only accept applications from good tenants. Mr. Gioioso said that since the restaurant was not open in the morning, there would certainly be a traffic increase then. Mr. Lane answered that traffic was expected to be 10 car trips during the peak AM hour, and 8 per hour in the PM. Mr. Gioioso asked for specifics on the septic system; Mr. Lane said there are restrictions due to the nearby reservoir, but that a regular Title 5 system will be used. Atty. Regnante added that use of 6600 GPD does not require a recharge station. Mr. Gioioso asked to see the FD report regarding ladder height. Chairman Charville asked Atty. Regnante about the report from Town Engineer Richter about drainage and the FD comments. Atty. Regnante said the drainage report was awaited and he had met with the FD to review their concerns. He had also spoken with the Conservation Administrator regarding drainage. Mr. Gioioso asked if the water pressure for residents on Oak Street would improve; Mr. Lane said the water use from the proposed building will be considerably less than a 273 seat restaurant, so there will be improvement. Mr. Wills asked why only 3 lots could be created out of 1.4 acres in a 15,000 sq. ft. zone. Mr. Lane answered that septic systems must be 400’ from the reservoir which limits the lots.
Chairman Charville requested comments from audience members. Oak Street resident Dr. Mohammad Saeed said the Bali Hai is open from 11:30 AM until 1:30 AM, and the outside noise and traffic are a serious issue. He feels this proposal sounds very good and will give the whole area a needed lift. Dr. Saeed said the residents of Oak Street are very appreciative. Locksley Road resident Mrs. Cynthia Trefry stated her concern about the impact on schools. Atty. Regnante said the school analysis projects an additional 7 – 9 students in Lynnfield Public Schools due to the proposed apartments. Chairman Charville announced the school analysis was posted on the PB website. Mr. Sheehan asked who prepared the school analysis; Atty. Regnante answered it was the applicants’ consultant, Mark Fougere. Locksley Road resident Mr. Ben Watkins asked where guest parking would be located; the answer was on the street. Mr. Matt Palumbo said that when the proposed Newhall Park lot (the northwest corner of the Bali Hai parcel) was not in use it would be chained off for snow removal. Mr. Gioioso asked if snow removal equipment would be kept on site; Mr. David Palumbo said no, and added that the 16 parking spaces designated for park use could also be used year round for guest parking. Locksley Road resident Mr. David Trefry said the state standard of 1.5 parking spaces per unit is not applicable to a suburban location with no public transportation, and the overflow of cars would use the Suntaug parking lot and Locksley Road. Mr. Trefry said it was not right that the nonconforming use allows the applicants to bypass rezoning approval at Town Meeting. He noted that with the expensive rental fees, young people would have to have roommates which meant even more cars. Mr. Trefry suggested selling the units as condos so the owners would have a stake in the area. Moulton Drive resident Mr. Anthony Auterio said he purchased in the area because he did not want to be near apartments. He said the Bali Hai only has 10 – 12 cars at a time and that Moulton Drive is too narrow. Mr. Auterio said he opposes the project because renters do not take care of property and he fears crime, vandalism, and trash. Oak Street resident Mr. Karl Norgoal spoke to offer his “full support” of the project and say it will be an improvement over the current site. Locksley Road resident Mr. Jay Duchin asked if the tennis courts at Newhall Park could be eliminated to alleviate the parking issues. Mr. Arthur Bourque said this had been previously proposed and was rejected by neighbors. Locksley Road resident Mr. Bill Samson said the neighbors are “all tired of the Bali Hai”, and since the Town is an abutter to the property, the issue should be taken to Town Meeting. Locksley Road resident Atty. Patrick Curley announced he would speak in opposition to the plan. He said Atty. Regnante had presented a “very creative” viewpoint of the law, and then cited the MA Supreme Judicial Court decision in the Rockwood vs. Snow Inn Corp. case as setting a precedent which shows a variance is needed. Atty. Curley said that a 32 unit apartment building is a prohibited use in a Residential Zone which requires a variance and approval at Town Meeting. He stated that the PB must honor the Zoning Laws, and that the idea that a 32 unit apartment building is less detrimental to a residential neighborhood than a partially abandoned restaurant is “a farce”. Chairman Charville asked Atty. Curley for the full cite of the Rockwood case which Atty. Curley provided, along with a copy of the Land Court decision in the Harrison vs. Chatham case. In response to further questions from Chairman Charville, Atty. Curley said that the proposed plan does not satisfy current zoning bylaws, the ZBA could issue a variance, and the Rockwood case took place in the 1990’s. Atty. Regnante requested to respond; Atty. Schomer said the Rockwood case (1991) was a hotel raze and rebuild of a nonconforming structure. Atty. Regnante said the ZBA had the authority to grant a variance under Section 5.2, but he was not requesting one because this project is conforming, dimensionally. Patricia Campbell of Patrice Lane said she was in favor of single-family homes and that some subdivisions have shared septic systems. She is also concerned about the impact of the plan on town services, special needs students, parking, septic, and traffic. Mr. Joe Markey, Chairman of the Lynnfield Housing Authority (LHA), noted the developer will allocate 1 unit for a Veteran and that the LHA finds this project beneficial as it would help with the Town’s M.G.L. chapter 40B numbers. Moulton Drive Resident Barbara Auterio said the Bali Hai has very little traffic and this project, if built, will greatly impact traffic and parking. Atty. Regnante said the planned parking of 2 spaces per unit is very generous compared to the MA state standard of 1.5.
Chairman Charville told the PB a recommendation must be made to the ZBA, according to the Zoning Bylaws. Mr. Gioioso said this proposal should go before Town Meeting, the septic and traffic issues need further study, and all abutters should be able to vote on this. Chairman Charville asked if the School Committee (SC) had been asked for an opinion; SC Chairman Jamie Hayman, who was present in the audience, said no, but Supt. Tremblay had been contacted for some data and there is now a school enrollment capacity committee in place. Mr. Wills said the schools are not a PB issue, getting input from Town Counsel (TC) is important, and time allows for an additional meeting since this item is on the ZBA agenda for 8/7/2018. Chairman Charville said he felt comfortable going forward at this meeting. Mr. Sheehan thanked all the presenters and said that having an additional meeting would allow for feedback from TC and the FD. Chairman Charville said a meeting on 8/6 would allow time for the feedback and for the PB to complete its work before the ZBA meeting on 8/7. Atty. Regnante asked if the PB decision would then be sent to the ZBA in time for their meeting; Chairman Charville said it would. Chairman Charville announced that there would be a PB meeting for Monday, August 6th at 7:00 PM.
4. 20 Stanley Road – Board of Appeals case #18-19
Atty. John H. Kimball Jr. presented the proposal which seeks a Variance and a Special Permit to construct a nonconforming porch and nonconforming garage on an existing nonconforming structure within the Groundwater Protection District. Atty. Kimball stated that the plan would increase the imperviousness of the lot, the Conservation Commission found no wetlands on the lot, and the Board of Health (BOH) must still review the plan. Comments from Conservation Administrator Emilie Cademartori noted that the plan’s scale to rear of the lot was inaccurate; Atty. Kimball said the Morin-Cameron Group will correct the plan. The BOH noted that Title 5 evaluation had been completed, but not submitted. Town Engineer Charlie Richter sent a notice requesting a bottom bed inspection.
Mr. Wills asked if the setback should be 30’ and was told it is currently 24’ 7”. Atty. Kimball said there would be no additional bedrooms added. Mr. Gioioso asked him if there would be any bathrooms added; the answer was yes, one. Chairman Charville asked if there would be any side setback change; the answer was no. Mr. Sheehan asked where the variance is needed; Atty. Kimball said the front center setback should be 30’, and the new garage will be 23’ and the new porch will be 17’.
Mr. Gioioso motioned to recommend the Variance and Special Permits be granted by the ZBA. Chairman Charville seconded the motion, which received a vote of 2 – 2, with Chairman Charville and Mr. Gioioso voting in favor and Mr. Wills and Mr. Sheehan voting against. Recommended additions to the motion included: labeling the blanks on the plan, adding the depth recharge to the plan, and correcting the scale to the rear of the lot. Based on the split decision, Chairman Charville suggested making no recommendation to the ZBA; therefore Mr. Gioioso retracted his motion, in favor of sending a letter to the ZBA stating that the PB makes no recommendation on this matter.
5. Master Plan Update
Mr. Gioioso said he planned to set up an initial meeting with the MAPC in September to discuss an outline of possible services for a new Master Plan.
6. Town Planner position update
Chairman Charville said he had forwarded Mr. Wills’s comments regarding Ms. Sievers’s interest in the Town Planner position to Town Administrator (TA) Dolan as requested. He added that the TA was working on an advertising strategy for the position.
7. Public Comments
None
8. Approval of Minutes
Chairman Charville requested motions to approve the following minutes:
- April 24, 2017; Mr. Wills made the motion and Mr. Sheehan seconded it. The vote carried 3 – 0, with Mr. Gioioso abstaining.
- June 27, 2018; Mr. Sheehan made the motion and Mr. Gioioso seconded it. The vote carried 4 – 0.
9. Topics for next meeting
The meeting on Monday, August 6th will consist only of the continuation of 160 Moulton Drive (Bali Hai) – Board of Appeals case #18-18.
Additional discussion included scheduling for August 16th MAPC visit, and arranging a meeting to outline needed changes to the draft CAI Zoning Map.
Chairman Charville requested a motioned to adjourn the meeting at 9:45 PM; Mr. Wills made the motion and Mr. Gioioso seconded it. The vote carried 4 – 0.
Respectfully submitted,
Susan Lambe, Planning Office