By DAN TOMASELLO
LYNNFIELD — Two brothers are looking to redevelop the Knights of Columbus at Post Office Square into a new mixed-use building.
Atty. Jesse Schomer said during a recent Zoning Board of Appeals (ZBA) meeting that brothers Matthew and David Palumbo’s Top Tier Properties, LLC were applying for a Special Permit and Site Plan Approval for the purpose of razing the Knights of Columbus and constructing a three-story mixed-use retail and residential building at 1 Knights of Columbus Way. He said the new building would include two retail spaces on the ground floor and eight residential apartments on the second and third floors.
Schomer said the Knights of Columbus is located in a Residence B Zoning District even though the majority of Post Office Square is zoned Limited Business. As a result, he said the K of C and the proposed mixed-use development are both considered nonconforming uses. He said the property is 1.3 acres.
“This property is a unique outlier because it is developed as a quasi-commercial use that is a nonconforming use,” said Schomer. “It’s only accessible through Post Office Square. It feels like it is part of Post Office Square even though it is zoned residential. The property is a nonconforming use because it is located in Residence B, and it is the former Knights of Columbus events hall. That is not an allowed use in this zoning district.”
Schomer said Hawkes Brook is located at the rear of the property.
“Hawkes Brook provides a significant buffer to the property to the residents at the rear,” said Schomer about abutters who live on Lara Lane. “It is completely vegetated. There is no plan to alter any of the vegetation or fill in any wetlands.”
Schomer noted that Lynnfield resident Paul Guarracino’s family operates MJA Realty Trust, which owns The Shops at Post Office Square strip mall that partially burned down after a six-alarm fire in September.
“As that site, given its unfortunate recent history, is rebuilt, my clients will be attempting to coordinate with the Guarracino family to make sure any access and utilities are coordinated with them as they move forward with the redevelopment of their site to really make this a complete revitalization of the area,” said Schomer.
Schomer said the Knights of Columbus was built in 1930. He said the K of C was previously built in a different location and was later relocated to the current site, but he is not sure when that occurred.
“We are proposing to raze the Knights of Columbus building and replace it with a three-story mixed-use building containing two commercial spaces on the ground floor and eight apartments on the second and third floors,” said Schomer. “There will be an elevator so all of the residential units will be accessible. We are proposing 35 total parking spaces, 23 of which will be associated with a commercial use and 12 associated with a residential use. It will be a brand new building that will be up to all building codes.”
Schomer said the Special Permit application is requesting the ZBA to consider “whether this proposal will be detrimental to the neighborhood.”
“The Lynnfield Zoning Bylaw allows the board to authorize a preexisting nonconforming use or structure to be changed if it finds that the change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood,” said Schomer. “We believe this will be a significant improvement of the site and will represent a less detrimental, nonconforming use. We request that the board approve the Special Permit.”
Phoenix Architects Principal Peter Sandorse said the mixed-use development will include four apartments on the second floor and four on the third floor.
“We have added the amenity of a balcony on each unit, feeling that it will be a nice amenity,” said Sandorse. “The residential area of each floor is approximately 3,900-square-feet.”
Sandorse said the mixed-use development will have a “residential look.”
“We are using residential shingles, vertical siding and an asphalt roof,” said Sandorse. “We are trying to make the building feel very residential.”
Hayes Engineering professional engineer Joe Grillo said the Knights of Columbus’ existing cesspool will be “filled and crushed.” He said it will be replaced with a modern septic system.
“It will be a huge improvement over the cesspool,” said Grillo.
Grillo said an additional fire hydrant will be added to the site in order to improve fire safety. He said the mixed-use building will have sprinklers.
“I think that is a huge improvement for fire safety,” said Grillo.
ZBA Chair Anthony Moccia noted that Top Tier Properties, LLC has yet to file several permit applications with other boards such as the Conservation Commission and Planning Board.
“There are still steps that you need to get through,” said Moccia.
Atty. John McLaughlin, who is representing MJA Realty Trust, said the Guarracino family opposes the Palumbo brothers’ mixed-use development project.
“We oppose the granting of the Special Permit,” said McLaughlin. “We do so because we feel that it will be more detrimental to the neighborhood. The petitioners are, lawfully, attempting to use the nonconforming use provision of the bylaw to do something in a Residence B District that they could not do otherwise.”
McLaughlin said the mixed-use development will negatively affect The Shops at Post Office Square strip mall.
“The current use is an event venue,” said McLaughlin. “According to Mr. Guarracino and other people I have talked to, there hasn’t been an event held at the Knights of Columbus in more than 20 years. The only thing that happens at the K of C right now is that its members come and have meetings, and spend time socially. It is a low-intensive use.”
While McLaughlin said the proposed mixed-use building “will look good,” he said it will have “a real impact on MJA Realty and Post Office Square.”
“Post Office Square is in the Limited Business District,” said McLaughlin. “One of the primary uses in a Limited Business District is a retail establishment that the family has maintained for many years and intends to rebuild in the coming months and years ahead.”
McLaughlin said the trust disagrees with Schomer’s argument that the new building “is going to be complimentary to the plaza.”
“We see it as the opposite,” said McLaughlin. “We are in the Limited Business District, where retail is allowed. That is where retail should be. It shouldn’t be in a residential area that is going to bring more traffic and will impact our tenants and our customers when they seek to use this new project if it is permitted.”
McLaughlin said MJA Realty Trust’s opposition to the project is “not necessarily an adversarial process.”
“(The Palumbo brothers) approached our clients, and had a dialogue about the project in advance,” said McLaughlin. “We expressed these reservations that we are now formally stating as the basis of our opposition today. We certainly would not oppose a more modest use, and we would feel better about one that did not include a retail component. They get the benefits of having retail in a residential district if you give them this Special Permit. We suggest that you shouldn’t do that because it will have a detrimental and negative impact on our retail shopping center.”
ZBA member Andy Youngren noted that if the project were approved, he said the tenants who live in the mixed-use development will most likely use the strip mall’s shops.
Schomer said he disagreed with McLaughlin’s argument.
“The objects of zoning are not to protect one property owner from competition from a similar use,” said Schomer.
Moccia asked Schomer and McLaughlin to submit examples of case law to back up their respective arguments to the ZBA.
After the discussion, the ZBA voted to continue the mixed-use development discussion to Tuesday, Dec. 3.
