Beverly, Mass. - In a unanimous vote Tuesday night, the Beverly Zoning Board of Appeals revoked the building permit that was issued to the Beverly Housing Authority by building inspector Steve Frederickson to construction two multi-family units on Spring Street next to the Montserrat train station.
Now it is up to the BHA if they want to take a step further and file a lawsuit to overrule the ZBA's decision.
The ZBA meeting on Tuesday, Nov. 23 was well attended by many residents of the neighborhood that oppose the project and were relieved at the outcome.
ontention of the project centered on the lot size. BHA officials said the lot is 20,165 square feet, exceeding the minimum zoning requirement of 20,000 square feet for a project of this magnitude.
The Montserrat Neighborhood Group said the lot only meets that requirement because they are including part of the adjacent Massachusetts Bay Transportation Authority train station parking lot.
"There needs to be 24,000 square feet to have this many units," ZBA Chairman Day Ann Kelley said, referencing the zoning bylaw.
ZBA member Margaret O'Brien agreed with Kelley and said, "A good reason for reading it that way is the density we are seeing on that parcel right now just makes sense that there should be more space."
The group's attorney, Joseph MacDonald, on behalf of Essex Street resident Matthew Leeds, an abutter of the property, filed an official challenge with the ZBA against the BHA's planned housing project at the corner of Essex and Spring streets on Thursday, Sept. 13.
MacDonald maintained in accordance with the Beverly's zoning bylaws the lot size for a project of this size should be 24,000 square feet.
BHA attorney Tom Alexander presented a 1984 survey done by the MBTA of the parking lot area and the adjacent land.
"The deed does say it is 20,165 square feet," Alexander said. "All the homes on the lot are allowed by right."
There is a lot plan recorded at the Southern Essex Registry of Deeds from the early 1900s that the buildable land including the MBTA parking lot area contains approximately 19,764 square feet.
Also mentioned at the public hearing was the deeding back 10 of the 14 parking spaces that were part of the purchase the BHA made back in 2002 from the MBTA.
Alexander said the spaces would not be deeded back, but an easement would stipulate that 10 spaces would be used for MBTA customers. The four remaining spaces will be located on the side of the current house on the property.
In an email presented by abutter John Hall of Colon Street the Montserrat Neighborhood Group and received from Mark E. Boyle, MBTA assistant general manager for development, said the BHA and their attorney approached his department two years ago regarding this project.
"As part of our negotiations, the MBTA will not be losing the 14 parking spaces in the commuter rail parking lot," Boyle said. "Rather, the Beverly Housing Authority will deed back 10 of those spaces to the MBTA at no cost, and they will retain four spaces for their development."
The group maintains that the BHA "borrowed" a portion of the MBTA parking lot solely for zoning purposes until the project was permitted and built, and then prearranged to deed back the majority of the parking lot area back to the MBTA.
"The 11 Spring St. parcel is a nonconforming lot," said Catherine Barrett of 13 Lowell St. "The parcel is borrowing nearly 5,000 square feet from the [adjacent] MBTA property to look like it is meeting the 20,000 square feet requirement. Once the project is completed nearly all of the borrowed MBTA square footage will be returned to the MBTA parking lot."
It was also revealed at the hearing that in order to receive grant money for the project the BHA must have five units on the lot.