Published January 16, 2019
By DAN TOMASELLO
LYNNFIELD — The Perley Burrill saga is close to coming to an end.
Town Administrator Rob Dolan announced during last week’s Board of Selectmen meeting that the town will be auctioning the Perley Burrill property, 914 Salem St., on Tuesday, Jan. 29, beginning at 12 noon in the Joe Maney Meeting Room at Town Hall.
A two-lot subdivision will be built on the 1.9 acre property.
Library Trustee Rich Mazzola, 14 Sylvan Cir., said the Perley Burrill property is an “eye sore for South Lynnfield.” He inquired if the town could clean up the property before it gets auctioned. The selectmen took Mazzola’s request under advisement.
According to a copy of the legal notice for the auction, “the successful bidder will be required to pay a non-refundable deposit in cash or bank check in the amount of $10,000 at the auction, an additional non-refundable deposit in cash or bank check in the amount of $10,000 on or before 1 p.m. Jan. 30, 2019, the pro forma real estate tax for the remainder of fiscal year 2019 and all of fiscal year 2020.”
“In addition, the successful bidder will be required to bear the cost of all applicable environmental remediation and to take all steps necessary to bring about the closure of all open Department of Environmental Protection (DEP) fillings for 906 Salem St. and 914 Salem St. to the satisfaction of the DEP before beginning any construction on the premises,” the legal notice states. “The property is being sold as is.”
The Planning Board approved a definitive subdivision plan for the 914 Salem St. property last June. The proposed two-lot subdivision’s private shared driveway will be 20-feet wide, which is less than the 26-foot requirement for roads. The proposed cul-de-sac width will be 60 feet instead of the full right-of-way width.
The subdivision will include a Cape Cod berm, which will be constructed along portions of the shared driveway in order to provide drainage for stormwater management. The subdivision will not include granite curbing in the right-of-way. There will be no street signs or sidewalks located at the subdivision.
Additionally, the Planning Board voted last year to require the subdivision’s two homes to have conspicuous signage.
“That addition was driven by the board’s concern that the homes be easily locatable despite having a shared driveway on Salem Street,” said Planning Board Chairman Brian Charville last year. “The Fire Department had weighed in and said it was not concerned by the two homes sharing a driveway.”
In addition to the Planning Board approving the subdivision, the Board of Selectmen voted 2-0 to place deed restrictions on the property last year. The deed restrictions will ensure only two homes are built on the former gas station property. A number of abutters previously expressed concerns that as many as four homes could be built.
Additionally, the selectmen voted 2-0 to approve an encroachment agreement with abutter Nicholas Boghos, 898 Salem St.
“As we were developing the plan for the Perley Burrill subdivision, we realized that the gas station building actually encroached on a neighboring property at 898 Salem St.,” said Town Engineer Charlie Richter last July.
According to the agreement, five feet of the building is located on the 898 Salem St. property. The pact stipulates that the town will require the person who purchases the property to remove the building “as a condition of the sale of the property.” Boghos will also allow the person who buys the property or contractors working for the developer to enter the 898 Salem St. property “for the purpose of removing the encroachment.” The developer will be required to pay for any damages occurred to the abutting property while the building is razed.
The selectmen also voted 2-0 last July to approve the conditional approval contract for the subdivision.
“This contract is an agreement between the Planning Board and the applicant for the subdivision,” Richter explained to the board. “For the approval of the subdivision, the applicant agrees to have the proposed lots held until a bond is placed with the Planning Board.”
The Board of Selectmen voted to foreclose on the Perley Burrill property in August 2016 for former owner Joseph Pedoto failing to pay back taxes to the town. The selectmen were able to foreclose on the property because the Brownfields Act allows cities and towns to foreclose on properties for non-payment of taxes.
Dolan said residents and developers can call Town Hall if they have any questions about the auction process. He noted Zekos Group Auctioneers will be selling the property on the town’s behalf.
“I have worked with them in the past,” said Dolan. “We want people to be fully informed so they can set up their bids.”
