Published February 10, 2021
By DAN TOMASELLO
LYNNFIELD — Several abutters raised concerns about the Bali Hai apartment building’s proposed site plan during a Feb. 2 Zoning Board of Appeals meeting.
ZBA Acting Chairman Anthony Moccia recalled that Land Court Justice Robert Foster overturned the board’s November 2018 decision denying a Special Permit request from 160 Moulton Drive, LLC this past December. Local developers Matthew and David Palumbo requested a Special Permit from the ZBA in order to construct a 23-unit apartment building at 160 Moulton Dr., which is where the former Bali Hai Restaurant is located.
“There were several requirements included in the judgment, one of which was having this matter come back before the Zoning Board of Appeals for Site Plan Approval,” said Moccia.
Atty. Ted Regnante gave an overview of the 23-unit apartment building’s Site Plan to the ZBA. He recalled that the building was reduced from the originally proposed 32 units to 23 as well as from three-stories to two. He said the building will consist of 14 two-bedroom units and nine one-bedroom units.
“There are no three-bedroom units in the proposal,” said Regnante.
Regnante said the apartment building will have 56 parking spaces, 46 of which will be dedicated to each unit along with 10 spaces for visitors. He said an additional 16 spaces will be dedicated for people using Newhall Park.
“One of the things that has been pointed out in past hearings is there has been a parking problem during events at Newhall Park,” said Regnante. “The applicant offered to make 16 spaces available exclusively to people using the facilities at Newhall Park.”
Regnante said the Palumbo brothers are not requesting any variances because “all of the zoning dimensional requirements are being met.”
Hayes Engineering President Peter Ogren said the apartment building will have a “state-of-the-art” septic system that will be situated away from Suntaug Lake.
“It will be able to accommodate the 23 units,” said Ogren.
Ogren said the amount of impervious pavement on the site will total 41,584-square feet, representing a reduction of 16,900-square-feet.
Dennis Greenwood of Sousa Design Architects said a large landscaping buffer will be located around the site. He noted that the two-story, 14,000-square-foot building will be 26-feet high.
“There will be landscaping along Oak Street as well as along Moulton Drive,” said Greenwood. “It will help improve the streetscape. The site is predominately paved right now and has a large sign. It has a commercial feel to it. What we are proposing will help the building fit in with the neighborhood.”
Landscape architect Jim Emmanuel said a tree canopy ranging between 40-feet and 60-feet tall will be planted on the northern and easterly sides of the development.
“The two-story building will be smaller than the tree canopy,” said Emmanuel. “There will be 22 trees on the site.”
Emmanuel also said shrubs will be planted around the development in order to create a “garden effect.” He said the landscaping will be maintained throughout the year. He also said a 6-foot-high opaque composite fence will be built on the edge of Oak Street.
After the development team gave an overview of the site plan, the ZBA asked a variety of questions about the proposed layout of the site.
Moccia noted that the Fire Department expressed concerns about fire trucks being able to access the apartment building’s entrance and exit. He proposed that the development team meet with fire officials in order to discuss their concerns.
“This is a health and safety issue we need to look more closely at,” said Moccia.
Ogren said he is willing meet with the Fire Department in order to discuss the concerns.
Moccia also inquired where will the dumpsters be located.
Ogren said the trash and recycling dumpsters will be located near the landscaping buffer and fence near Oak Street instead of the back of the property as originally proposed. He changed the plans in order to keep the dumpsters away from the Newhall Park spaces.
“If that creates an issue, we could move it back,” said Ogren. “They will be fully enclosed with an opaque fence around them that will be similar to the one along Oak Street.”
Moccia asked how will the apartment building’s tenants be disposing their trash.
Developer David Palumbo said residents will be bringing their trash and recyclables out to the dumpsters. He anticipates trash and recycling will be picked up once or twice a week.
“As property managers, we will make sure the trash gets picked up and everything gets disposed of,” said David Palumbo.
ZBA member Eric Chisholm, who coaches Little League, noted that people are constantly parking their cars along Oak Street and Moulton Drive in order to get to Newhall Park. He asked if the designated spaces for the park will have signs.
Regnante said the 16 spaces will have signage designating they are for Newhall Park. He said the spaces could be used for overflow parking when baseball is not being played there.
In response to a question from Chisholm, Ogren said the development team will make sure people will be able to access Newhall Park without walking on Moulton Drive.
ZBA alternate member John Fallon asked if pets will be allowed in the apartment building.
Developer Matthew Palumbo said small pets weighing 10 pounds or less as well as service animals will be allowed.
Moccia asked if the units will have balconies.
“We left no balconies in the design in order to be sensitive to the park and the neighbors,” said Matthew Palumbo.
In addition to the ZBA asking a variety of questions about the site plan, several abutters aired concerns about the proposed plan.
Emmanuel Paul, 2 Oak St., requested that the dumpster be relocated to a different part of the property.
“I will be able to look outside my master bedroom and see that dumpster,” said Paul.
Drew Taylor, 4 Oak St., said he wants the fence to be made of a “high quality wood material” instead of a composite material. He also wants the fence to be located behind the landscaping buffer.
“That was discussed and agreed to,” said Taylor. “If that fence gets banged up by cars, it is going to be an eyesore for everyone.”
Matthew Palumbo said he never made that agreement with the neighbors.
“These are the plans that were submitted to Land Court and these are the plans we are here to review,” said Matthew Palumbo. “There haven’t been any changes otherwise.”
“That was a gentleman’s agreement,” a frustrated Taylor said in response.
Locksley Road resident David Trefry noted that Little League parents are currently parking all over the different neighborhoods that are in close proximity to Newhall Park.
“The first 16 cars that get there are going to use those spaces,” said Trefry.
Moccia inquired if Regnante would be open to extending the Land Court’s deadline that the ZBA approve the site plan by March 11.
“We don’t want this granted by default if we don’t act in time,” said Moccia.
Regnante said he was open to extending the deadline when Matthew Palumbo cut him off.
“I think we need to discuss this in private,” said Matthew Palumbo. “We have been in Land Court for two years and the judge issued a decision. We have been very patient and we would like to get this done expeditiously.”
Moccia pushed back and said “the rule of reason” needed to be applied. Regnante added that the Palumbo brothers needed to give the ZBA “adequate time to make decisions.”
“Extending the time to the May meeting would give us plenty of time to solve these issues and get feedback from the board,” said Regnante.
The Palumbo brothers agreed to extend the deadline to early May. After the discussion, the ZBA voted to continue the discussion to the board’s next meeting on Tuesday, March 2.
