By DAN TOMASELLO
LYNNFIELD — The Zoning Board of Appeals (ZBA) approved a Special Permit application for the Knights of Columbus redevelopment project during a recent meeting.
Atty. Jesse Schomer said brothers Matthew and David Palumbo’s Top Tier Properties, LLC have applied for a Special Permit and Site Plan Approval for the purpose of razing the Knights of Columbus and constructing a three-story mixed-use office space and residential building at 1 Knights of Columbus Way. Schomer said the project originally included two retail spaces on the bottom floor of the new building, which has since been changed to two office spaces.
“We were previously before the board on a related application back in November last year with respect to the same property,” said Schomer. “We were previously proposing to redevelop the 1 Knights of Columbus Way property with two retail stores and eight apartments.”
Schomer recalled that Paul Guarracino, who along with his family operates the MJA Realty Trust that owns The Shops at Post Office Square strip mall that partially burned down after a six-alarm fire last September, opposed Top Tier Properties, LLC’s Special Permit and Site Plan Approval applications during the ZBA’s meeting last November.
“The owner of the neighboring commercial establishment had objected to that proposal on the basis that we were proposing retail,” said Schomer. “I am pleased to report we have reached an agreement with Mr. Guarracino for him to withdraw his concerns with the project.”
Schomer said the Palumbo brothers and Guarracino have agreed to coordinate the rebuilding of the strip mall and construction of the new mixed-use development “whenever that takes place.”
“It is going to include new water lines and repaving of the right-of-way that goes back to the Knights of Columbus property,” said Schomer. “The modified proposal has replaced the retail stores with two office spaces.”
While the majority of Post Office Square is zoned Limited Business, Schomer said the Knights of Columbus is located in a Residence B Zoning District. He said Hawkes Brook is located at the rear of the property.
“The Knights of Columbus building was actually moved from another location to this site in or around 1930,” said Schomer. “It is currently a nonconforming lodge use, and that has been confirmed by town counsel. He does agree with us that this is a nonconforming use based on an amendment to the Zoning Bylaw to require a Special Permit for the lodge use. As was noted in the previous matter, there was a prior permit issued by the Board of Appeals back in, I believe, 1961.”
Schomer said Town Counsel Tom Mullen informed him that the permit the ZBA previously issued to the Knights of Columbus was not a Special Permit.
“Therefore, this property lacking an official Special Permit is a nonconforming use,” said Schomer.
Schomer said the Knights of Columbus building is “not accessible and is not up to any modern building code.”
“It utilizes an existing nonconforming cesspool on the property, which is problematic given its proximity to Hawkes Brook,” said Schomer. “There are no stormwater management controls of any kind. During any extreme weather events, any runoff essentially sheet flows out into Hawkes Brook or to the shopping center.”
Schomer said, “the closest residential abutter to this building is 140 feet.”
“That is across from the other side of Hawkes Brook,” said Schomer. “That area of the site is heavily vegetated, and that vegetation will not be disturbed in any way.”
Schomer said the proposed mixed-use building, which has been designed by Phoenix Architects, would replace the Knights of Columbus facility.
“The ground floor is going to be two office spaces of roughly equal size,” said Schomer. “There is two stories above with four apartments on each floor. There is an elevator in the building so it will be fully accessible for all of those units. There is also accessible parking that is proposed. There will be a total of 35 parking spaces, which represents 23 spaces for the commercial use and 12 for the residential use. It is fully compliant with the Zoning Bylaw for parking for both the commercial and residential uses.”
Schomer said a new state-of-the-art septic system will be constructed for the new mixed-use building.
“We have filed with the Board of Health and the proposed septic system is currently being reviewed by them,” said Schomer. “We have also filed with the Conservation Commission, which will be reviewing the wetland line as well as the proposed stormwater management system that Hayes Engineering has designed.”
Schomer said the new mixed-use development proposal “represents a significantly less detrimental use than the existing use.”
“When this property was hosting events at the Knights of Columbus, it could have a significant traffic and parking impact,” said Schomer. “We also believe it is an improvement of the site with the reduction of impervious surfaces, the introduction of a new Title 5 compliant septic system, stormwater management controls and greater protection of Hawkes Brook. We believe that this proposal will have a predictable traffic and parking impact with uses that are complimentary to each other.”
Schomer requested that the ZBA approve the Special Permit request and vote on the Site Plan Approval application at a future meeting due to the “pending hearings with the Conservation Commission and the Board of Health.”
“We anticipate coming back to the board at a later date to complete the Site Plan review process,” said Schomer.
ZBA Chair Anthony Moccia said he filed another disclosure with the Select Board because Guarracino is a client of his son’s law firm. He previously filed a similar disclosure with the Select Board regarding Top Tier Properties, LLC’s previous applications.
“I am not involved in any way with that and I have no financial interest,” said Moccia.
Schomer said he and the Palumbo brothers have “no concern on our part.”
Moccia said he agreed with Schomer that the ZBA should hold off on approving the Site Plan after the Conservation Commission and Board of Health review and sign off on Top Tier Properties, LLC’s other permit requests.
Building Inspector Joe O’Callaghan asked Schomer what is the height of the proposed mixed-use building.
Schomer said the building’s height will be 40-feet-and-six inches.
ZBA member Andy Youngren asked if the mixed-use building will consist of condominiums or apartments, and whether they will be affordable housing or market rate.
Top Tier Properties, LCC co-owner David Palumbo said the building will include market rate apartments.
After the discussion, the ZBA unanimously voted to grant the Special Permit to Top Tier Properties, LLC, with the condition that construction of the building be completed in accordance with the proposed development’s plans.
The ZBA also voted to continue the discussion of the Knights of Columbus redevelopment project’s Site Plan Approval application to its June meeting.
“We think that will be sufficient time to complete the Conservation Commission process,” said Schomer.