Published March 10, 2021
By DAN TOMASELLO
LYNNFIELD — The Zoning Board of Appeals is hoping to finalize the Bali Hai apartment building’s site plan on Wednesday, March 17, but a group of abutters still have a number of concerns about the project.
After the ZBA continued the last public hearing in early February, Hayes Engineering President Peter Ogren told the board on March 2 that he met with Fire Capt. James Alexander and Building Inspector Joseph O’Callaghan in order to discuss the Fire Department’s concerns about apparatus being able to access the 23-unit apartment building’s entrance.
“While we did demonstrate the ability for a fire truck to access the site, they wanted more area to be able to maneuver the fire truck,” said Ogren. “We accommodated that by eliminating one parking space on the Moulton Drive side. We amended the parking islands to provide easier access for the fire truck.”
Ogren also said a fire hydrant will be installed on Oak Street in order improve fire protection for both the residents of the apartment building as well as abutters. He also said Alexander requested that a hydrant be installed in front of the building.
“We agreed to that as well,” said Ogren.
Ogren also noted the development team has evaluated a peer review requested by the Conservation Commission in regards to developers David and Matthew Palumbo’s stormwater permit application.
“There are a number of issues that need to be worked on,” said Ogren. “It is our intention to make further changes for the stormwater permit and file those changes with the Conservation Commission for their regularly scheduled meeting in April.”
Ogren also said the revised site plan has incorporated a walkway that will go from the 16 Little League parking spaces to Oak Street.
“People will be able to go down Oak Street to get to the park,” said Ogren.
Landscape architect James Emmanuel said a chain link fence along Oak Street will be removed and a new six-foot high white composite fence will be installed along the edge of the property. He also said a couple of canopy trees might be planted near the dumpster on the Oak Street side of the development.
In response to a question from ZBA Acting Chairman Anthony Moccia, Emmanuel said the trees abutting 158 Moulton Dr. will be cut down.
“We always planned to remove those trees,” Ogren added.
Historical Commission Chairman Kirk Mansfield asked how many shade trees will be cut down on the property line.
Ogren said he did not know.
After the development team gave an overview of the site plan’s changes, a number of abutters continued raising concerns about the proposed development.
Jim Black, 158 Moulton Dr., was not happy that the trees that abut his property will be taken down.
“The trees are on their property, but the privacy barrier is the issue,” said Black. “I am going to have a two-story building looking down on me when I am drinking coffee in the morning. Are you going to plant new trees on my side?”
Emmanuel said no new trees will be planted near 158 Moulton Dr. at this time.
“Maybe that should be included in future plans because I don’t want to look up and see a building,” said Black in response.
Drew Taylor, 4 Oak St., asked if the arborvitae trees across from his home will be staying put or cut down.
Emmanuel said the arborvitaes will be cut down and will be replaced with a “new, healthier evergreen buffer.”
“We made that decision due to construction,” said Emmanuel. “They will be maintained.”
Taylor asked if the composite fence could be eight-feet tall instead of six-feet tall in order to prevent SUV’s headlights from shining into his home.
“I am not sure if eight-foot fences are allowed by the Zoning Bylaw,” said Emmanuel.
Taylor said the landscaping buffer should be installed in front of the fence on Oak Street instead of the other way around.
“That is a big detriment to the neighborhood,” said Taylor. “With a non-conforming use, part of the stipulation should be better than what is there. Looking at an opaque white fence instead of greenery sounds more inner city than suburban.”
ZBA member Andy Youngren asked if the fence is necessary.
Developer Matthew Palumbo said the fence and landscaping buffer was incorporated into the site plan after abutters requested them to be installed.
“If the board feels the fence is not necessary, we will just leave the natural screening,” said Matthew.
Youngren asked the abutters if they preferred not having a fence or would they rather have landscaping. Oak Street resident Heather Doyle and Taylor said they wanted both a landscaping buffer and a fence.
Atty. Nina Pickering-Cook, who is representing a group of abutters, said the landscaping requirements have to be “very rigorous” and the town has to be able to enforce them. She also said the abutters need to be able to get in contact with the building’s manager if the need arises. She also said time limits during construction should be included in the site plan’s conditions.
“We want to make sure the board can hold the Palumbos’ feet to the fire,” said Pickering-Cook. “The promises they make in public meetings are great, but unless they get memorialized into conditions in site plan approval, they are not enforceable.”
Moccia asked if the developers could put funds in an escrow account that could be used for landscaping maintenance.
Town Counsel Tom Mullen said the developers could agree to deposit funds into an account, but said that cannot be mandated. He said Building Inspector Joe O’Callaghan will be able to “vigorously” enforce the development’s site plan “if conditions are not met.”
Black also expressed concerns about the people who will live in the apartment building.
“These are trying times and people are probably not going to move in right away, especially with the cost of these apartments,” said Black. “If those apartments go down in price, then the caliber goes down too. We need to have some checks-and-balances about how these new people in our neighborhood are going to be welcomed in.”
Moccia said the ZBA does not have jurisdiction over who can or cannot live in the apartment building.
Mullen agreed.
“You can’t approve a tenant’s list,” said Mullen.
Taylor also requested that a stairway instead of a walkway be installed for the people headed to Newhall Park.
A lengthy discussion over the dumpster’s location took place during the meeting.
In response to a question from Doyle, developer David Palumbo said he needs to check with the trash disposal company in order to make sure the canopy trees can be planted next to the dumpster.
Developer Matthew Palumbo said the dumpster will be six-yards in size and will be surrounded by a white opaque fence. He said the apartment building’s tenants will be bringing their trash to the dumpster, and a disposal company will be removing the trash once a week.
Moccia noted the ZBA could add a condition to the site plan that will designate which hours a disposal company can pick up the trash.
“The trash company will do it whenever it is convenient for them,” said Moccia. “We need to be sensitive to the abutters.”
Locksley Road resident David Trefry said the dumpster should be moved away from Oak Street.
“People are going to be walking out their front door and seeing this this thing right in front of their homes,” said Trefry.
David Palumbo said the developers proposed locating the dumpster near Oak Street because they believed it was the “quickest way” for the trash to be collected.
“Having the dumpster on the corner of Moulton Drive and Oak Street is just awful,” said Trefry in response. “Why not keep it further up on the lot by Moulton Drive?”
Pickering-Cook said the dumpster’s smell is a “huge concern” and said it should be relocated.
In response to a question from Moccia, Ogren said the dumpster was originally proposed near the Little League parking spaces, but it was moved to the corner of Oak Street and Moulton Drive in order to expedite trash collection. He said he would look into finding a new location in the southwest corner of the property.
“That is not as easy for a trash company to pick it up,” said Ogren. “But if that is a preferable spot, we could definitely work it out.”
After the discussion, the ZBA voted to continue the Bali Hai apartment building’s site plan discussion to a special meeting on Wednesday, March 17, beginning at 7:30 p.m. on Zoom teleconference.
