Judge’s ruling clears the way for assisted living project to proceed at Essex Landing, says developer Page 5 THE SAUGUS ADVOCATE – FriDAy, NOVEmBEr 6, 2026 By Mark E. Vogler T he developers of Essex Landing have overcome a major obstacle in their plans to build an assisted living facility at the site where two hotels were once planned. A Massachusetts Land Court judge ruled last week that the town’s Zoning Board of Appeals had no authority to include a special condition that referred the project to the Board of Selectmen for a special (S-2) permit. “I conclude that Special Condition 5 of the Decision is legally untenable, arbitrary, capricious, and otherwise exceeds the authority of the Board of Appeals,” Judge Diane R. Rubin wrote in her 16-page opinion dated Oct. 27. The judge declared that the Zoning Bylaw does not require TB Holdings, LLC, as Trustee of the Essex Landing Condominium Trust, to secure a special permit from the Board of Selectmen for the proposed assisted living facility. She further declared that Special Condition 5 “constitutes an unlawful delegation of the Board of Appeals’ authority to grant height and other dimensional variances, and is therefore annulled.” Developer Michael M. Barsamian of TB Holdings, LLC hailed the judge’s ruling as “the Green Light for Wingate” to start plans, obtain permits and proceed with its assisted living project, which has been delayed for three years. “This was a big deal for us, because it allows Wingate to move forward,” Barsamian said. “What a big asset for the Town of Saugus to have a high level assisted living facility with memory care. It’s going to be about 200 units, and that’s going to be a huge asset for the area. This project was initially approved by the Zoning Board, but appealed by Town Manager Scott Crabtree,” he said. Construction of the $120 million development known as Essex Landing began in early 2017. The currently completed parts of the project include the mixed-use building with a café, the three apartment buildings and associated access, parking and utility infrastructure. These mixed-use and residential buildings are in use and occupied. The two hotels were never built. The developers decided to build an assisted living facility on the undeveloped portion of the property, in an area that was previously planned to accommodate the two hotels. In March of last year, the developer applied to the Board of Appeals for a variance from the dimensional requirements (height and related setback provisions) of Section 21.10 (E) (1) and (3) of the Saugus’ Business Highway Substantiable Development Zoning District (BHSD), seeking approval to construct an assisted living facility instead of the hotels. The assisted living facility was proposed to be built with a building height of 73 feet, 11 inches, and proposed side yard setback of 26.8 feet. The proposed assisted living facility would be similar in height and scale as the proposed hotels, would integrate seamlessly with the rest of the Essex Landing site and would provide a much-needed residential option for seniors looking to age in place, the judge’s ruling noted. The developer challenged Special Condition 5 and filed a complaint with the court, which eventually agreed. “The problem that this application seeks to resolve is that, subsequent to the issuance of Gerry D’Ambrosio Attorney-at-Law Is Your Estate in Order? Do you have an update Will, Health Care Proxy or Power of Attorney? If Not, Please Call for a Free Consultation. 14 Proctor Avenue, Revere (781) 284-5657 SABATINO/MASTROCOLA INSURANCE AGENCY 519 BROADWAY EVERETT, MA 02149 Auto * Home * Boat * Renter * Condo * Life * Multi-Policy Discounts * Commercial 10% Discounts * Registry Service Also Available the special permit authorizing a 78-foot and 72-foot building height for the two hotel buildings, the Zoning Bylaw was amended to restrict the ability for height relief in this district through the special permit process, and now a variance is required to authorize a buildESSEX LANDING | SEE PAGE 13 PHONE: (617) 387-7466 FAX: (617) 381-9186 Visit us online at: WWW.SABATINO-INS.COM
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