A LARGE NUMBER OF residents attended the ZBA’s May 2 meeting to express their opposition to a proposed new South Lynnfield restaurant. (Dan Tomasello Photo)
By DAN TOMASELLO
LYNNFIELD — A large group of residents raised traffic and parking concerns about a proposed new South Lynnfield restaurant during the Zoning Board of Appeals’ May 2 meeting.
Atty. Brian McGrail recalled that Noto Family Partners, LLC purchased the old Good Luck Farms New England Barbecue Chicken property located at 922 Lynnfield St. The Noto family, which has lived in town for a number of years, is looking to open a new “Sonny Noto’s Restaurant” and a retail space on the property. He said the family currently has a “Sonny Noto’s” in Wakefield and previously owned a restaurant in East Boston.
“They are looking to expand their business to their hometown,” said McGrail.
McGrail noted that the 922 Lynnfield St. property is located in a Limited Business District. He said the proposed single-story, 5,020-square-foot building was before the ZBA in order to have the site plan approved as required by the Zoning Bylaw. The building will have 29 parking spaces.
McGrail recalled that the ZBA wants Noto Partners, LLC to agree to a series of conditions for the proposed new restaurant and retail space. He has been working with attorney Tim Doyle, who has been retained by the Heritage Woods Board of Trustees, in order to address the concerns expressed by the over-55 condominium development’s residents.
“We want to make things work for the neighbors,” said McGrail.
While Doyle said the conditions Noto Family Partners, LLC has agreed to relieve some concerns from Heritage Woods residents, he said the abutters are still concerned about the restaurant’s traffic impact on both Lynnfield Street and the one-way access road between the condo complex and the proposed new restaurant.
“There are vehicles traveling on the one-way or traveling in the opposite direction, getting on the rotary or getting on the rotary in an incorrect manner,” said Doyle.
In response to a question from ZBA Chairman Anthony Moccia, Doyle said there is off-street parking adjacent to the 922 Lynnfield St. property that is close to Heritage Woods’ entrance/exit.
“That is an area of concern,” said Doyle.
Moccia asked if there were any residents who want to speak in opposition to the “Sonny Noto’s” project. A large number of the meeting’s attendees raised their hands.
“We want to hear from the abutters,” said Moccia.
Before several residents spoke out against the project, Moccia reiterated that the ZBA could not deny the site plan approval request because the Lynnfield Street property is zoned Limited Business.
“Under our bylaw, this board has no right to deny the site plan because this project is being built as a matter of right,” said Moccia. “They need no zoning relief and they are not violating any setbacks or other provisions in our Zoning Bylaw or state law. Our Zoning Bylaw gives us jurisdiction to impose reasonable conditions as part of the site plan approval process. For those of you who came in hoping we were going to pitch a shutout, we can’t. It’s beyond our jurisdiction.”
Heritage Woods Board of Trustees member Joan Slade said the over-55 community is concerned about restaurant patrons parking in the development if the 29 parking spaces are full. She also said motorists are often traveling in the wrong direction on the access road when coming out of Dunkin’ Donuts.
“They come into our development or go out to the rotary,” said Slade. “There is signage there that says ‘wrong way,’ but people just don’t adhere to it.”
In response to a question from Slade, Noto Partners, LLC owner Rob Noto said the restaurant will be able to accommodate 60 patrons.
“I am concerned about where these people are going to park,” said Slade in response.
Moccia said the 29 parking spaces complies with the state’s building code requirements. He said Building Inspector Joe O’Callaghan did the calculations for the proposed restaurant and retail space.
“It’s a generic calculation that doesn’t parcel out or add for staff,” said Moccia.
Heritage Woods resident Robert Dearth said there are seven off-street parking spaces near the proposed restaurant.
“There isn’t any parking anywhere else,” said Dearth. “If I went to Mr. Noto’s restaurant in Wakefield or Café Italia and there was no parking available, there is parking across the street.”
Dearth also expressed concerns about the blasting that is needed to remove ledge on the property.
“What type of protection will we have from the blasting that will be occurring 25-feet from us?” Dearth asked.
Engineering Alliance, Inc. Principal Richard Salvo said the Lynnfield Fire Department will be overseeing the blasting. He also said Noto Family Partners, LLC’s insurance provider will address any issues that result from it.
Heritage Woods resident Tom Colonna said driving in the area is “tough.”
“I understand the restaurant is an allowable use, but we are looking to see if you could place reasonable conditions on the seating capacity,” said Colonna. “You don’t have 29 spaces. You maybe have 22 spaces for customers. I can foresee customers parking on our roadway because there is nowhere else to park. If you are going to place a limitation, place a limitation on seating capacity.”
Heritage Woods resident Sheri-Ann Valentino, who is Colonna’s wife, said the restaurant’s 60-seat capacity is “too much.” She requested that Noto Family Partners, LLC undertake a traffic study.
“They have the right to build the restaurant, but the restaurant has to fit in with one-way in and one-way out,” said Valentino. “And with the traffic going to Lynn at the end of the day, sometimes we have to wait five minutes to even get into that little turnaround to get into our development.”
Colonna said afternoon traffic causes “chaos” in the Lynnfield Street area.
“Can’t you impose that a traffic study be done?” Colonna asked.
While Moccia acknowledged that the Lynnfield Street area is a “difficult” area to drive around, he noted that the proposed restaurant’s location is currently vacant.
“Are there going to be more cars on Lynnfield Street? There are,” said Moccia. “It’s a Business District. Your condominium complex is adjacent to a Business District. You are not adjacent to a cemetery or conservation land. It’s unfair to the applicant to be comparing the traffic situation today to when the property gets developed. It’s currently a vacant lot in a commercially zoned Business District. We can’t stop this.”
Colonna maintained that the ZBA could limit the restaurant’s capacity because of “safety” reasons.
“I am not sure we can limit capacity,” said Moccia.
Colonna disagreed.
“Safety supersedes everything,” said Colonna.
Valentino echoed her husband’s viewpoint.
“I think something should be done as opposed to nothing because it’s already a dangerous area,” said Valentino.
McGrail said he opposed restricting the restaurant’s seating capacity because the building complies with the Zoning Bylaw’s density, parking and setback requirements.
“That is arbitrary and capricious,” said McGrail.
Patrice Lane resident Patricia Campbell asked the Noto family to withdraw the site plan approval application.
“I go around Goodwin’s Circle four times a day,” said Campbell. “There are accidents that happen there all the time. Lynnfield Police, State Police and Peabody Police are frequently rushing to that site. Sometimes I have to go around the rotary twice because I can’t move over to the Lynnfield Street Peabody exit. It requires intimate knowledge of the area to survive going around four times a day. I am praying that I don’t have an accident there, especially with my son in the car. This restaurant is so dangerous. It’s not easy for these folks to get out of where they live because people are very impatient and very intrusive. We certainly need business in Lynnfield, but it may be a good idea to withdraw the application because it is extremely dangerous to everyone in Lynnfield.”
Noto Family Partners, LLC patriarch Evelyn Noto said she and her family were not trying to hurt Heritage Woods or other Lynnfield residents by opening the new restaurant. She said her family has volunteered in town for decades.
“This is my hometown,” said Noto. “Lynnfield is my heart. We love this town. We bought this property so we could invest in it again. I just want everybody to trust us. We are not going to hurt anybody in this town.”
Moccia proposed that “aggressive directional signage” to be installed in order to make sure motorists enter and exit the restaurant correctly. He also suggested additional signage be installed at Heritage Woods because he said the existing signs “aren’t working.”
“Signage is an absolute necessity and it’s going to be a condition,” said Moccia.
McGrail and Doyle expressed their support for Moccia’s suggestion.
After the discussion, the ZBA continued the “Sonny Noto’s” discussion to its June meeting.
“We are going to wrap this up at the next meeting without further testimony,” said Moccia.
