Belmont zoning board approves 40B with measures to reduce its mass and impact on abutters

Beatrice and Daniel Kleppner bought their home on Beatrice Circle almost 60 years ago. They didn’t know at the time that Route 2 was going to be built adjacent to their street. They also didn’t know that in 2019 a developer would buy their neighbor's home with plans to knock it down and build two buildings in its place with 12 rental units, three of them affordable. One of the proposed buildings is four stories high with seven units (three three-bedroom and four four-bedroom) and the other is three stories high with five three-bedroom units. What's now a private, serene backyard with many trees will drastically change for the Kleppners as well as other home owners surrounding the development if it is built as currently proposed.

The fate of this 40B project proposed for 91 Beatrice Circle was in the hands of five Belmont residents who volunteer their time as members of the Zoning Boards of Appeals (ZBA). They were provided with the assistance of the town’s legal counsel, three peer reviewers for traffic, civil and storm water and architecture, as well as a consultant from MassHousing Partnership.

Abutters of the project formed a group called Build Wise Belmont and hired their own private attorney.

More:Final deliberations to begin on proposed Beatrice Circle housing

ZBA renders decision

After nine months of hearings and deliberations, the Zoning Board of Appeals unanimously approved the comprehensive permit application on Oct. 7 for the 40B project proposed for 91 Beatrice Circle with 161 conditions. It was officiallly signed by ZBA Chairman Attorney Nicholas Iannuzzi, Jr. on Oct. 13 and filed with the Town Clerk on Oct. 14.

At the final meeting for the case, Iannuzzi expressed his frustration with the limited amount of support Town Counsel Attorney David Lyons had with the monumental task in front of them.

"He had no support. We lost our MassHousing support, the person who was supposed to help write our decision, left in August. It's been unfair to us. I think it's ridiculous and I think David was in too deep by himself and could have used more support and I'm very disaapointed," he said.

He also gave a shout out to the town's Assistant Director/Project Manager Ara Yogurtian. 

"Wearng 10 hats over there at the planning office. Without him this never could have got done and too much for one person to deal with," said Iannuzzi.

According to Select Board Chairman Adam Dash, this was probably one of the most complicated cases the zoning board has ever had.

“It's unfortunate that it had to get approved, but I understand the rules. They give the ZBA very little leeway,” said Dash.

The developer has the right to appeal the board’s decision by Nov. 3 to the Housing Appeals Committee (HAC).

According to state law, if the ZBA denied the application, the board faced the potential of the HAC siding with the developer upon appeal and having to issue the permit for the project as proposed. By approving the application with conditions, the ZBA is attempting to prevent the project from being built as large as proposed by demonstrating parts of the project are not consistent with local needs due to substantial local concerns that outweigh the regional need for affordable housing such as the health, safety and welfare of future occupants of the project and of its neighbors and protecting the natural environment. However, the HAC could also side with the developer and overturn some or all of these conditions upon appeal if they find they make the project unfeasible and inconsistent with local needs.

More:Belmont Zoning Board wants further reduction of 40B project

Changes made by ZBA to provide more open space

In the decision, the ZBA states the proposed project “lacks on-site open space” and “is compounded by the inaccessibility of proximate public open spaces.”

To allow adequate recreational opportunities for residents of the project, reduce the potential of storm water runoff and shift it away from abutters, and provide adequate parking for residents, the ZBA is requiring a maximum lot coverage of 25% and minimum open space of 43%. The developer requested 29.9% lot coverage and 38.3% minimum open space. Belmont's zoning bylaw requires 50% minimum open space.

Changes made by ZBA to reduce project’s massing

Another major concern of the ZBA was the project’s massing and the looming affect it would have over abutters to the south on Beatrice Circle. To reduce this impact, as well as the impact of offsite noise and to enhance privacy, the ZBA increased the rear setback to 26.5 feet and reduced the front yard setback to zero. The developer requested a rear setback of 12.1 feet and a front yard setback of 7.7 feet. Belmont's zoning bylaw requires a rear yard setback of 40 feet and a front yard setback of 30 feet.

Changes made by ZBA to address concerns about parking

The ZBA decision states that driving is likely to be the most common mode of transit used by residents of the project. To get to the commuter rail without a car, you need to take the MBTA bus to the Alewife Red Line. Commuting by bike is also unlikely because the site is located on a steep slope far from Belmont's planned and existing bicycle accommodations. There is no street parking on Frontage road or overnight parking in the neighborhood and only a handful of spaces are available for brief periods nearby on Park Avenue. There is also inadequate space for pick-ups and drop-offs or for deliveries.

To prevent overflow parking in the surrounding neighborhood, the ZBA is requiring the developer to provide a minimum of two parking spots on site for each unit that is two bedrooms or more and at least one parking spot per unit with one bedroom. Handicapped-accessible parking will also be required and the developer must submit a Transportaiton Demand Management Plan.

The developer's plans called for a parking ratio of 1.75 parking spaces per unit.

To see the complete final decision, visit https://www.belmont-ma.gov/sites/g/files/vyhlif6831/f/uploads/91_beatrice_21-01.pdf

Community reaction

“We are deeply impressed by the enormous work done by the ZBA in responding to the developer's requests for variances from Belmont's zoning regulations,” said Daniel Kleppner.

Liz Allison, former Planning Board chairman, believes this kind of development is truly a bad thing for the town because it sets a precedent and will be costly because she expects it will add more children to the Belmont Public School system.

“If this is repeated, this is a big deal fiscally for the town,” she said.

Allison also said she thinks there should have been more attention and support for the neighborhood and for the ZBA because of the long term-issues it will cause.

“The economics of this are very challenging for the town because it can be replicated on so many lots,” she said.

She believes if the financial impact of this project had been clearer, the willingness of the town to put legal time and effort into this might have been greater.

“It’s the town government’s responsibility. ZBA deals with issues one at a time; that’s their charge, their mandate. They’re not supposed to be functioning as a town fiscal watch dog,” said Allison. “More could have been done.”

Select Board mem Mark Paolillo said he would like to see the town focus more effort on reaching 10 percent affordable housing so they can control their destiny and ensure developments are consistent with what the neighborhoods want.

“I continue to support affordable housing, of course, but at times when you have by-right development,  we lose some control over what developments can look like,” he said.

According to Belmont Housing Trust Co-chair Rachel Heller, Belmont currently has 6.5% affordable housing stock.

More:Belmont zoning board concerned about proposed 40B project seeking 38 waivers

Most recent 40B approved in Belmont prior to Beatrice Circle

According to Director of Community Development Glenn Clancy, prior to Beatrice Circle, the most recent comprehensive permit issued by the ZBA was for Royal Belmont in 2007 which has a total of 298 units, 60 of them are affordable, 40 one bedroom, 17 two bedroom and three three-bedroom.

At the Aug. 18 meeting, ZBA Vice Chairman Jim Zarkadas, who is also a real estate broker with Berkshire Hathaway Homeservices Commonwealth Real Estate, said the board’s responsibility is to review projects, make sure they are in harmony with the neighborhood and grant relief or a waiver. He believes developers use 40B as a vehicle to build a project they want to build.

“I’m tired of hearing that this is about affordable housing. I understand what the developer is doing.They’re in the business of developing property and making money,” he said adding, if they are so for affordable housing, why not make more of the units affordable and put those on the market at an affordable rate.

Multiple 40B projects by same developer

More:Milton residents voice objections to proposed developments

The developer of 91 Beatrice Circle, Florida-based Comprehensive Land Holdings, LLC, owned by the Tamposi family, has many other wheels spinning in Massachusetts. In Milton, they have been approved by MassHousing to build four 40B developments with a total of 236 units, 25% affordable. The Milton ZBA began public hearings for two of these proposed 40B projects in January.