KIPP flap debated at ZBA meeting

LYNN – The question of whether a recently constructed modular classroom and office space at KIPP Academy is in violation of a zoning bylaw was discussed at a Zoning Board of Appeals meeting Tuesday.Located on the same site as the Holy Family Church at 254 Bessom St., KIPP was founded in 2004 with 78 fifth graders and has since outgrown its limited space.In an effort to expand, the academy obtained building permits from Chief Building Inspector of the Inspectional Services Department (ISD) Roger Ennis in August 2007 to expand with a modular classroom and accessory office space, known as the “Locus.”However, prior to the buildings being installed in October 2007 at 25 Bessom St., abutters Brian and Edna Garthwaite of 36 Mudge St., sent a letter to Ennis requesting that he revoke KIPP’s building permits and enforce a Lynn Zoning Ordinance that the school allegedly violated.According to the Garthwaite’s, Holy Family Church does not have enough parking spaces to accommodate both the church and the school, and that the addition of the Locus would not be exempt from parking requirements since it operates on church grounds.Still, Ennis denied the Garthwaite’s request on Oct. 4 and the Garthwaite’s reacted by filing an appeal on Oct. 31.In a letter to DiMento, Ennis said a site plan conducted by Reid Land Surveyors showed the parking capacity was approved in compliance with the Lynn Zoning Ordinance regulations, mixed use, and that there are enough off street parking spaces provided to meet the needs of people making use of the buildings.”It can be clearly demonstrated that the need for parking at the church and KIPP are for different times,” he said. “Elementary students don’t drive cars, and church services are primarily on Sundays when the school isn’t open. So the parking requirements have been satisfied.”Visibly irritated residents of Mudge Street spoke out about a lack of parking spaces at the church and said KIPP teachers frequently park in front of their driveways and disrupt their way of life.Attorney William R. DiMento, who is representing the Garthwaite’s, sided with the residents and said the church is clearly violating the zoning laws by being 110 parking spaces shy of compliance and that Ennis’ building permits should be revoked.”We’re not here to fight KIPP, we’re here as an enforcer of the zoning bylaw,” he said. “The off street parking requirements for pre-existing buildings clearly states that while buildings in existence are not subject to these parking requirements, any future buildings or uses hereafter are required to provide parking facilities. So I don’t think anyone can say that the church complies.”DiMento said that the Garthwaite’s would be content with the modular being placed elsewhere on the church grounds, away from the close proximity to their home, however the church denied the request.Representing KIPP, attorney Stephen L. Smith said the church both meets and exceeds what is required for parking in all circumstances in the zoning bylaw.”The use of the church has not changed and the only requirement for parking on the parcel is for the school,” he said. “Those who drafted the ordinance did not require the church to have off street parking spots.”Smith said that KIPP is currently in the process of relocating to a larger home and that the modular structure would not be permanent for the academy.The issue was continued until the next meeting on Feb. 19 so that ZBA members could further review information and come to a conclusion on the matter.