ZBA Allows Reconfiguration of Lots on American Legion Highway for New Starbucks

The Revere Zoning Board of Appeals (ZBA) held its regular monthly meeting last Wednesday, May 25, in the City Councillor Joseph A. DelGrosso City Council Chamber at Revere City Hall.

Chairman Michael Tucker and members Aklog Limeneh, John Lopes, Hazem Hamdan, and Arthur Pelton were present for the meeting, as well as alternate member James O’Brien.

The principal action taken by the board was the granting of a variance that will allow for the construction of new buildings at 25 and 55 American Legion Highway, which are adjoining lots, one of which will house a Starbucks.

The property presently consists of two lots, but the applicant was seeking to reconfigure the lots in order to better accommodate the new buildings and businesses. The issue is that the minimum lot size in the Technology Enterprise District (TED) is 25,000 square feet, but one of the reconfigured lots will be less than that amount (which already is the case for one of the lots).

The precise variance being sought by the owner of the property, Bellboa, LLC, 355 Middlesex Ave., Wilmington, was as follows:

The applicant is seeking a variance of Section 17.24.010 minimum area requirement of 25,000 sq. ft. within the TED District of the Revised Ordinances of the City of Revere to enable the appellant to subdivide the existing lots, Lot A (28,325 sq. ft.) and Lot B (22,441 sq. ft.) into new proposed lots, Lot A (20,947 sq. ft.) and Lot B (29,784 sq. ft.) at 25-55 American Legion Highway.

Catherine Hannigan presented the application to the board.

She said that the present structures on the two lots will be razed. A Starbucks will occupy the new structure at 25 American Legion Highway and the building at 55 American Legion Highway will house other businesses, including an urgent care center.

“We’re just seeking to reconfigure the lots to accommodate the business uses that will occupy those buildings,” Hannigan said.

Ward 3 City Councillor Anthony Cogliandro spoke briefly in favor of the application.

“I’m totally on board with it, especially because of the urgent care facility that will be there,” Cogliandro said.

The board voted 5-0 to approve the variance.

In the two other matters before the board, the members approved a variance to allow for the construction of a new, two-family house on presently-vacant land on Bosson St., but delayed taking action on a request to convert an existing single-family home into a two-family residence at 26 Rumney Rd.

The Bosson St. application, which had been continued from the board’s April meeting because the applicant, Mario Zepaj had not submitted the paperwork in proper format, was as follows:

Mario Zepaj, 78 Mill Street, Middleton, is seeking the following variances of the Revised Ordinances of the City of Revere to enable the appellant to subdivide existing lots 23, 25, 27, and part lot 29 Bosson Street into proposed lots, Lot A and Lot B Bosson Street for the purpose of constructing a new two-family home on proposed Lot A Bosson Street:

1. Noncompliance with RRO Section 17.24.010 with respect to minimum area requirement of 8,000 s.f. and frontage requirement of 80-ft for the creation of lot A Bosson St. for the purpose of constructing a two family dwelling within the RB District;

2. Noncompliance with RRO Section 17.24.010 with respect to the minimum area requirement of 8,000 s.f. and frontage requirement of 80-ft. for the creation of lot B Bosson St. within the RB District.

Mr. Zepaj presented the application to the board with updated plans as the board had requested at its April meeting.

Ward 3 Councillor Cogliandro said he was, “Okay with the application on the new condition that the home be located 12 feet from the lot line,” of the residence next door at 30 Bosson St.

Donna LeBlanc of 127 Steeple St., the owner of the property next door at 30 Bosson St., opposed the application. She asserted that the plan does not appear to reflect a distance of 12 feet from the property line. However, she said that her house is two feet over the property line, which would create a space less than 10 feet from the property she owns next door at 30 Bosson St.

She also asserted that the land size is less than 7000 sq. ft., contrary to the dimensions in the plot plan submitted by the applicant.

“The house is going to be stuffed in there in the neighborhood and nobody wants it,” she said.

Zepaj pointed out that the plot plan shows his new home will be 12 feet from her home, but LeBlanc still disagreed with the dimensions.

However, Tucker pointed out that the zoning ordinance only requires 10 feet, which would leave the new structure in conformity with the zoning ordinance even if her home is two feet over the line.

The board voted 5-0 to grant the variances.

The matter that was continued was as follows:

Soumia Elanbi, 26 Rumney Road, is requesting a variance of Section 17.28.020 minimum parking requirements of the Revised Ordinances of the City of Revere to enable the appellant to convert a single-family dwelling to a two-family dwelling on Lot 325C at 26 Rumney Road.

Erin Hayes, a representative from Mother Construction Company of Walpole, presented the application to the board. Ms. Elanbi also spoke briefly on her own behalf.

There was one opponent, Mike Ragusa, who lives at 29 Rumney Rd. across the street and who also owns the house next door at 15 Rumney Rd.

He cited the zoning ordinance that specifically mentions that a variance should be approved only if, “it does not change the status of the neighborhood and is in harmony with the general intent of the ordinances.”

He told the board that in 2003, he appeared before the ZBA at that time to oppose a similar request.

“Parking was an issue then and it is still an issue,” Ragusa said. He noted that the then-ZBA rejected the request unanimously in 2003.

“What has changed since 2003?” he asked rhetorically. “Three additional two-family homes and one single-family home for an additional seven driveway cuts that have removed on-street parking spaces.

“Entering and leaving my driveway is a nightmare because there are cars everywhere,” Ragusa added, who noted that a nearby apartment building and Broadway businesses use Rumney Rd. as their “de facto parking areas. Rumney Rd. traffic is heavy and the parking congestion makes this unsafe for the residents.” 

Ward 3 Councillor Anthony Cogliandro asked if the board could continue the matter to see whether a compromise can be attained and in order to have additional residents speak.

City Councillor Dan Rizzo spoke against the variance. “This is not personal between the neighbors, but only has everything to do with the quality of life on that street,” said Rizzo. “I feel that this is important because this end of Rumney Rd. deals with parking from nearby businesses and parking is at a premium in this city right now.

“This application to me is not a valid reason for a variance,” Rizzo added. “I hope you do not grant permission to expand an already-busy area.”

Taking up the suggestion of Cogliandro, the board voted 5-0 to continue the hearing to its June meeting.

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