ListenPodcastGet the Morning CurrentShare information
Cape Ann Current: Keeping Cape Ann current

Free public information for Gloucester, Rockport, Essex and Manchester-by-the-Sea, in plain English

Know Before It's Decided

Gloucester housing project's stormwater tanks went in 4 feet too high

Gloucester's zoning board wants an outside engineer to check the Maplewood Avenue fix before an Oct. 29 hearing. Plus five other decisions.

Gloucester

By Kerry Jane · Wednesday, October 21How we work

Trust Check: Checked against public records

Underground tanks built to catch stormwater at a new housing development on Maplewood Avenue were set about 4 feet higher than the plans called for, Gloucester's Zoning Board of Appeals heard on Thursday, Oct. 8.

The developer, Bigelow Real Estate LLC, now wants to add a pump to fix one trouble spot. The board decided the change is big enough to need a full public hearing. That hearing is set for Thursday, Oct. 29.

The Zoning Board of Appeals decides when owners may build something the city's zoning rules would not normally allow. Its decisions shape what gets built next door to residents.

What went wrong

The project was approved under the state's affordable housing law, Chapter 40B, which lets a developer skip some local rules if part of the homes are affordable. That approval is called a comprehensive permit.

When the board approved it, members insisted on no standing water, even in big storms. The answer was a large system of tanks buried under the site.

The developer's attorney said the contractor set the tanks about 4 feet too high, and no one caught it until the parking lot and buildings were done. He said the tanks still hold all the water the board required.

The trouble is the lowest storm drain, on a neighbor's property. In very large storms, water there can no longer drain into the tanks, so a puddle could come back. A pump would push that water into the tanks.

"None of us are engineers," said Chair Joseph Parisi. He said the plan "certainly sounds good," but the board wants its own consultant to check it. The board voted 5-0 to call it a substantial change, 5-0 to hold the hearing Oct. 29 and 5-0 to make the developer pay for an outside engineer's review.

The Maplewood Avenue fix, step by step

  1. The mistakeThe stormwater tanks went in about 4 feet too high. No one caught it until the parking lot and buildings were done.
  2. The problemIn very large storms, water at the lowest storm drain, on a neighbor's property, cannot drain into the tanks. A puddle could come back.
  3. The fix asked forThe developer wants to add a pump to push that water into the tanks.
  4. Outside reviewThe board's own engineer will check the plan, paid for by the developer. The board also wants the city engineer's feedback.
  5. Oct. 29Public hearing. Anyone can speak, in person or on Zoom.

Problem and fix as described by the developer's attorney on Oct. 8. The board's engineer has not reviewed them yet.

What is a variance? What is a special permit?

Most cases before this board ask for one of two things.

Special permitLets the board approve changes to a building that already breaks today's rules, such as an older house too close to the lot line. The question is whether the change is much worse for the neighborhood.
VarianceAn exception to a rule, such as how close a building may sit to the property line. The owner has to show the rule causes a real hardship on that lot.

Also at the meeting

Walnut Street, AnnisquamApproved 5-0
A special permit and a variance for a two story rear addition to a house from about 1830. One side will sit about 15 feet from the line, where 20 feet is required. The owners reached a deal with the neighbor behind them: the shed will not get taller, and no more decks or additions are allowed.
Whittemore StreetWithdrawn
The company behind a proposed indoor pickleball complex withdrew its request. The owners may file again.
Essex AvenueApproved 4-0
An addition to a home, with one member stepping aside.
Becker CircleApproved 5-0
A storage building about 3 feet over the usual height limit, to match the owners' garage.
Banner Hill WayNo permit needed, 5-0
Rebuilding an old attached garage on a smaller footprint does not make the property break the rules any more.
New 40B rulesSent to City Council, 5-0
Draft rules and fees for affordable housing permits go to the council for a final decision.

What comes next

The Maplewood Avenue hearing is Thursday, Oct. 29. The board also wants the city engineer's feedback.

How you can take part: Meetings are held at Kyrouz Auditorium in City Hall, 9 Dale Ave., and on Zoom. The link is on each agenda on the city's website. Anyone can speak at a public hearing, in person or on Zoom. Questions go to the Building Inspector's office at 978-325-5210.

How we did this: Cape Ann Current watched the meeting online and checked names against the agenda and the board's roster. This story was produced with the help of AI tools and checked against the documents listed below. If you see an error, tell us at [email protected].

Sources

See something wrong? Email [email protected]. Read our standards and corrections policy.