PEABODY — The Zoning Board of Appeals closed a public hearing on the 40B project at 128 Newbury St., and will make a final decision about the project next month.
The attorney for the project, John Keilty, said materials for it have been updated based on the board’s requests and the peer review has been completed. The only aspect of the project that the board wanted to see completed that has not been is the removal of the billiards hall in front of the property, which Keilty said they are not able to do because the property owner doesn’t want to knock it down.
Board Chair Frances Bisazza Gallugi was confused by this remark. She said that during a meeting in December, she was told that it would be knocked down and that there was an agreement between the property owner and those involved in the 40B project. Gallugi said the agreement stipulated that if the owner doesn’t remove the building, then Keilty’s clients have the right to do so.
“The billiard hall is not only an eye sore, it’s also toxic,” said Gallugi. “I would like nothing more than to have this lush ‘forest’ for these neighbors that have lived in this dust bowl for 15 years.”
Gallugi also took some time to explain why the vote on this 40B project has taken so long, after an “irate” neighbor who attended last month’s meeting said all the board does is drag the process on.
At the end of this year, she said there will be no fewer than eight 40Bs on the docket, with some already being built and others in the works.
“We know what we’re doing. This isn’t our first rodeo,” Gallugi said. “There is no way that this board would let a 40B petition get passed or close the public hearing if everything wasn’t buttoned up and looked at and scrutinized correctly.”
Gallugi said this project in particular was continued for so long because it took months for the plans to reflect the 180 units that the project will consist of, rather than the 220 units originally planned. There were also mistakes in the plans, gas lines on the property, and “promises made that weren’t kept.”
“We’re not going to allow anybody else to come up to this podium to point fingers and start telling us that all we do is continue it,” Gallugi said. “At this point in time… it looks like everything is finally where it’s supposed to be. However, the reason that this was continued and continued is because there were mistakes and legalities that had to be addressed and deadlines that weren’t met.”
Gallugi spoke on behalf of the board, saying that while board members don’t like to continue things, they like things nice and “buttoned-up.” She said that had not been the case with this project.
“It looks like it’s finally ready,” she said.
Peabody Community Development Director Curt Bellavance said that the state has determined the city’s housing inventory is at or above the 10 percent threshold for 40B projects However the Newbury Street project, having filed an application for a comprehensive permit when inventory was less than 10 percent, can still go the 40B route.
“As long as you apply before getting to 10 percent, you are in the queue,” he said.
The developer of the project is Dallas-based Trammell Crow Company.
Prior to officially closing the public hearing, resident Ryan Cox expressed some continued concerns about this project. Those included it potentially leading to overcrowding in the schools, a lack of parking available and a question of where overflow will be, and the planting plan’s lack of identification regarding buffer zones.
The board acknowledged these concerns and said the city will handle the overcrowding in schools, but continued on to close the public hearing.
The board will meet on April 24 with an attorney present to go over its decision on the project and its conditions during a “working meeting.” This way if something needs to be reworked, it can be addressed during the meeting. The board will approve or deny the application for a comprehensive permit during that meeting.
