Proposed use of the property as a mixed use (residential and commercial) building requires a special exception from the City Council

– LEGAL NOTICE –

CITY OF EVERETT

ZONING BOARD OF APPEALS 484 BROADWAY, ROOM 24 EVERETT, MASSACHUSETTS 02149

To Whom It May Concern:

This notice is to inform you that a public hearing will be held on Monday May 15, 2023 at 6:00 PM, Everett City Hall, 3rd Floor George Keverian Hearing Room. All interested parties may attend and opinions will be heard regarding the following petition.

Whereas a petition has been presented by:

L0-01-000001 B-22-552

445-455 Broadway Corp 306 Main Street Reading, MA 01867-3613

L0-01-000005

Applicant seeks to remove the rear portion of the existing commercial building and a small building at the rear of the property, to renovate and continue to use the remainder of the existing first floor commercial space, and construct a new 4 story addition in the rear for 33 residential units with on grade parking and commercial space under the residential units. No residential units will be located on the first floor. The use designation is mixed use as authorized under Section 6(A)(8) of the ZoningOrdinance.

Reason for Denial:

Permit was denied in accordance with the City of Everett Zoning Ordinance Appendix A as follows:

Violations and Zoning:

The Proposed use of the property as a mixed use (residential and commercial) building requires a special exception from the City Council, Pursuant to Section 6(A)(8) of the Zoning

Ordinance or a use variance from the Zoning Board of Appeals. If you seek a special exception from the City Council, you must first obtain a variance from the frontage and lot area requirements of Section 6(A)(8)(a)(1), as set forth below.

Pursuant to Section 6(A)(8)(a)(1), mixed use buildings require lot frontage of at least 200 feet and lot area of at least 30,000 square feet. The lot frontage of the subject property is only 117.85 feet, and the lot area is only 20,774 square feet. A variance from the Zoning Board of Appeals is required.

The proposed Floor Area Ratio (FAR) is 2.22, whereas the maximum allowed under Section 6(B)(2) is 2.0. A variance from the Zoning Board of Appeals is required.

Pursuant to Section 2 (1st par.) of the Ordinance, the applicant has elected to designate the Chelsea Street frontage of the property as its front lot line. Because it is a through lot, proposed for mixed use, no front or rear setback is required.

Because the subject property abuts a lot containing a three-family structure, and the proposed structure exceeds 30 feet in height, a side setback of 7 feet is required, pursuant to Section 6(B)(5) of the Ordinance. The existing structure is nonconforming, and the proposed development will result in a substantial height increase within the nonconforming setback.

A special permit is required from the Zoning Board of Appeals to alter the nonconforming structure, pursuant to Section 3(C) of the Ordinance.

Note also that the project will require compliance with Transportation Demand Management under Section 35 of the Ordinance.

MARY GERACE – Chairman
Roberta Suppa – Clerk of the Board of Appeals April 28, May 5, 2023