By June Valliere
Attorney Jonathan Silverstein’s arguments that the proposed residences at St. Philopater Mercurius & St. Mina Coptic Church’s new campus are covered by the Dover Amendment did not appear to sway the Planning Board at the second part of the planning board meeting Nov. 12.
The Dover Amendment is a Massachusetts state law that exempts religious and nonprofit education institutions from many local zoning restrictions.
Anette Lewis, Planning Board chair, asked Silverstein at a previous meeting to write an opinion on why the residences and soccer field were covered under the Dover amendment, stating that she did not see what those buildings had to do with religion. The church plans to build one-bedroom and studio apartments for elderly residents. Bernstein argued that the Dover Amendment covers the apartments because the residents would be participating in church services.
Lewis asked if they knew how many parishioners would be living there. They are proposing 24 residences, but could not advise how many parishioners would decide to move there. They said that they have members who they provide rides to the service as far away as Gloucester and Worcester, and that church parishioners did not wish to continue doing this. They could not provide any other details on selection, rent, affordability, or age qualification criteria. They could only state that it would be for elderly people they needed to transport.
Lewis said she checked with the Town Council, which advised her that there needed to be established criteria for the Church housing to qualify under the Dover Amendment. She said that the Church was “not clear how the tenants are selected based on distance and need.” She added that the tax structure was different if housing was related to religious or educational use.
She encouraged them to file for a permit with the housing department, as some other religious organizations in town are doing but they did not wish to do so. Silverstein disagreed with the Town Council and was insistent that the residences are covered by the Dover Amendment.
Although Lewis pointed out that the references in Bernstein’s argument pertain to the town recreation fields, she did not spend time arguing the applicability of the soccer field under the Dover Amendment.
