Bruni approved with conditions

IPSWICH — The zoning board of appeals (ZBA) has approved the controversial Essex Road 40B with a number of requirements.

In its decision, the ZBA said it “endeavored to ensure the conditions do not render the project uneconomic and that the conditions are consistent with local needs.”

In particular, the board concluded that the project’s “scale, massing, and lack of functional open space is not consistent with local needs.”

Unlike the ZBA’s 2021 decision, which eliminated one building from the plans, the board’s 2024 ruling makes it harder to determine the impact on the number of apartments.

ZBA member Rob Clocker said the architect could redesign the layout to include smaller units or drop the number.

Called Essex Pastures, the 40B project was approved last Thursday by the ZBA and has a long history with the town.

Between 2018 and 2021, the ZBA held hearings on the first version of the Essex Road 40B.

In that cycle, Bruni asked for 191 units spread among apartments and townhouses. The ZBA granted approval but eliminated one building, effectively reducing the unit count to 151.

Bruni appealed to the state, but that was put on hold after it was discovered that the wetlands had expanded and a wetlands map had to be redrawn.

Rather than drop units, Bruni eliminated the townhouses and commercial buildings to squeeze more apartments in.

The 214-unit redesign was remanded back to the ZBA, which was limited to discussing changes between the designs. It also had no more than 90 days to hold hearings.

Conditions

In its decision last week, the ZBA conditions call for sidewalks around the complex and landscape buffers between the building and parking lots.

The decision says corridors inside buildings should not be longer than 175 feet. Buildings longer than 225 feet should be split in two with “alley passages” between both. That is about the same distance from the door of Heart & Soul to the Marcorelle’s building, according to Google Maps.

The ZBA also said a vehicular connection between two parking lots should be chained off for emergency access only. This was an attempt to provide safer outdoor space for children.

It also reduced the size of another parking lot near the Lahey Clinic.

The ZBA said profitability should be limited to the maximum allowed. Excesses, if any, should be paid to the town. It also required that financial statements be provided.

Waiver requests that would have virtually eliminated rear and side setbacks were denied by the board. In one case, developer John Bruni had just two feet between a building and rear property line.

On traffic matters, the ZBA is looking for $50,000 for a traffic signal study at the corner of Essex and County roads (routes 133 and 1A, respectively).

Within six months of 75% occupancy, Bruni is also required to meet with the Massachusetts Department of Transportation (DoT) to see if left turns into the project are safe.

If the state says they are not, Bruni will have to pay for safety measures.

Bruni now has to decide if he will accept the conditions or resume his appeal with the state.