ZBA Approves Variances for Bella Vita Apartments to Preserve Alley for Emergency Access

The Zoning Board of Appeals on Feb. 4 approved two area variances for the Bella Vita apartment community, permitting the developer to move the building away from the property line and maintain a privately owned alley used for hotel access and emergency vehicles.

The applicant’s representative, Joe Danmel (identified in the record as Joe Danmel or Joe Danable), said the project fronts 3rd Street, Fulton Street and 4th Street and that the design preserves a privately owned alley called Museum Place. "We maintained Museum Place, proposing to reconstruct it, have parallel parking on that road to help accommodate the motel," he said, adding that doing so required shifting the building and requesting variance relief.

The variances the board approved addressed two setback requirements. The applicant told the board the proposed building would sit roughly 29.1 to 36.1 feet from the property line where zoning requires a 0 to 10-foot front/setback; that configuration required an area variance (described in the record as a 19.1- to 26.1-foot variance, depending on the point measured). The second approved variance addressed the parking setback: the project proposed a 17.3-foot setback where the code allows 0 to 10 feet, a relief of approximately 7.3 feet.

During questioning, board members clarified project dimensions and parking. The applicant said the building is five stories, with parking at ground level beneath the building, and that the plan provides about 236 parking spaces — described as "1 parking space for every bedroom" — which reflects a mix of one-bedroom and some two-bedroom units. The applicant also stated the hotel and emergency services requested the alley remain open to maintain safe emergency access between the hotel and the proposed building.

Board members discussed procedural matters and confirmed that the planning board had acted as lead agency for environmental review and issued the applicable Type 1 determination and negative declaration, so the ZBA did not need to repeat that determination. After motions to approve the variances were made and seconded, members recorded verbal approvals.

The board’s approvals allow the applicant to proceed to subsequent planning and historic-review steps; the applicant said he expects to return to the planning board with the variance secured and has a public hearing later in the month where planning approval is possible if remaining requirements are met.