Planning Board

City of Lowell - Planning Board Planning Board Meeting Minutes Monday February 5 6:30 p.m. City Council Chambers, 2nd Floor, City Hall City of Lowell, 375 Merrimack Street, Lowell, MA Remote Participation Optional via Zoom Note: These minutes are not completed verbatim. For a recording of the meeting, visit www.ltc.org Members Present Chairman Linnehan Vice Chair Frechette Member Cheng Member Gallivan Member Dolan-Wilson Members Absent Member Lockhart Others Present Peter Cutrumbes, Assistant Planner A quorum of the Board was present. Chairman Linnehan called the meeting to order at 6:34 PM. I. Minutes for Approval 1/18/2024 Minutes Discussion: Motion: G. Frechette motioned to approve the minutes and C. Cheng seconded. S. Gallivan abstained. The motion was unanimous (4-0). II. Continued Business Special Permit – 9 Central Street, 01852 The Lowell Planning Board will hold a public hearing to hear all interested persons relative to an application by Masis Staffing Solutions, LLC to open a professional office in the ground-floor of the existing building at 9 Central Street. The subject property is located in the Downtown Mixed- Use (DMU) zoning district. The proposal requires Special Permit approval from the Lowell Planning Board per Article 12.7 of the Lowell Zoning Ordinance. On behalf: Jose Cruz from Masis Staffing spoke on behalf. He gave a brief history of the company and commented that they are looking to move downtown. In favor: None In opposition: None Discussion: T. Linnehan noted that the Special Permit is being issued under Section 12.8, not Section 12.7. G. Frechette asked how many people they employ. J. Cruz said his internal staff is 5-7 people. They would be using the site. G. Frechette commented that the main retail spaces downtown are transitioning to new commercial uses. He said this proposal is in keeping with economic trends, and that he is happy it will bring people downtown. J. Cruz noted that they have 3000- 4000 potential applicants that would also come through the site downtown per year. C. Cheng asked if there were any changes to the storefront. Dirk England for Masis said there will be no exterior changes besides signage. Motion: G. Frechette motioned to approve the Special Permit and S. Gallivan seconded. The vote was unanimous (5-0). Definitive Subdivision – 330 Princeton Boulevard, 01851 The Lowell Planning Board will hold a public hearing to hear all interested persons relative to an application by Edson Dos Santos for the property at 330 Princeton Boulevard. The subject property is located in the Traditional Two-Family (TTF) zoning district. The applicant is seeking to subdivide the existing lot, and construct a two-family dwelling on the newly created lot. The newly created lot will not meet the minimum frontage requirement pursuant Section 5.1 of the Lowell Zoning Ordinance. The project requires Definitive Subdivision approval from the Lowell Planning Board under Lowell’s Subdivision of Land Regulations. On behalf: None In favor: None In opposition: None Discussion: T. Linnehan noted that the applicant has asked to withdraw without prejudice. G. Frechette said that the Board usually accepts requests to withdraw without prejudice but that this was not a good proposal. He said the applicant was seeking multiple Variances and was not accessing the site from Princeton Blvd. He said he is willing to approve the withdrawal without prejudice but could also vote to deny outright. G. Frechette said it should be communicated to the applicant that, if they come back, it should be with a better plan. Motion: T. Linnehan motioned to allow the withdrawal without prejudice, and C. Cheng seconded. The vote was (4-1), with G. Frechette voting against. Note: T. Linnehan read all three advertisements into the public record, as they are all one project submitted by one applicant. He stated they will discuss the project in full, but will take three separate votes. Site Plan Review and Special Permit: 15 W Fourth Street 01850 (Building 1) Peter Marlowe has applied to the Planning Board seeking Site Plan Review and Special Permit approval to construct a fifteen (15) unit residential building at 15 W Fourth Street. The subject property is located in the Neighborhood Business (NB) zoning district. The proposal requires Site Plan Review approval from the Planning Board per Section 11.4 for a development with greater than three (3) residential units, and Special Permit approval from the Planning Board per Article 12.1 and Section 11.3 for a development with greater than ten (10) residential units. On behalf: P. Marlowe spoke on behalf. He said the Board was waiting on the decision of the Fire Department. He noted LFD accepted the plans today at noon. P. Marlowe confirmed that all the information has been provided to stormwater, and that they are waiting on permit approval. T. Linnehan read the LFD approval into the record. In favor: None In opposition: G. Procope of 31 Fremont Street said he is not for or against but just had a question re: traffic congestion. He asked for a study to change the streets to one way streets. Discussion: C. Cheng noted that the LFD has asked for the removal of spaces 7 and 8, and P. Marlowe confirmed. C. Cheng also said he thinks congestion is an area issue and that maybe the Board can request the traffic engineer to study whether the streets should become one-way. C. Cheng also requested the staff show the board the landscaping plan. He suggested the applicant “work with DPD to finalize the landscaping plan to their satisfaction” as a condition. A. Dolan-Wilson said the plans look good and that the Board can do their part to address the traffic concerns. T. Linnehan said he was relieved to get the LFD letter and that it did not eliminate significant parking. T. Linnehan asked about the LFD request for City signage indicating “no parking fire lane” by the curbcuts to access the parking lot. P. Marlowe said that was an issue early on when LFD thought they couldn’t get on the property, but LFD have now established that they can. Motion: C. Cheng motioned to approve the Special Permit with the following conditions, and T. Linnehan seconded. The vote was unanimous (3-0) 1) The applicant will work with DPD to finalize the landscaping plan to the Department’s satisfaction. 2) The applicant will obtain a Stormwater Permit from the LRWWU 3) Applicant shall comply with recommendations from the Lowell Fire Department approval, including the removal of parking spaces 7 and 8 on the site plan. C. Cheng motioned to approve the Site Plan with the same conditions as above, and A. Dolan Wilson seconded. The vote was unanimous (3-0). Site Plan Review and Special Permit: 16 W Fifth Street 01850 (Building 2) Peter Marlowe has applied to the Planning Board seeking Site Plan Review and Special Permit approval to construct a nine (9) unit residential building at 16 W Fifth Street. The subject property is located in the Neighborhood Business (NB) zoning district. The proposal requires Site Plan Review approval from the Lowell Planning Board for a development with greater than three (3) residential units, and Special Permit approval from the Lowell Planning Board per Article 12.1 and Section 11.3 for a development with seven (7) to ten (10) residential units. On behalf: None In favor: None In opposition: None Discussion: None Motion: C. Cheng motioned to approve the Special Permit with the following conditions, and A. Dolan Wilson seconded. The vote was unanimous (3-0).  1) The applicant will work with DPD to finalize the landscaping plan to the Department’s satisfaction. 2) The applicant will obtain a Stormwater Permit from the LRWWU 3) The applicant shall comply with recommendations from the Lowell Fire Department approval, including the removal of parking spaces 7 and 8 on the Site Plan. C. Cheng motioned to approve the Site Plan with the same conditions as above, and T. Linnehan seconded. The vote was unanimous (3-0). Site Plan Review and Special Permit: 14 W Fourth Street 01850 (Building 3) Peter Marlowe has applied to the Planning Board and Zoning Board of Appeals seeking Site Plan Review and Special Permit approval to construct a fifteen (15) unit residential building at 14 W Fourth Street. The subject property is located in the Neighborhood Business (NB) zoning district. The proposal requires Site Plan Review approval from the Planning Board per Section 11.4 for a development with greater than three (3) residential units, and Special Permit approval from the Planning Board per Article 12.1 and Section 11.3 for a development with greater than ten (10) residential units. On behalf: None In favor: None In opposition: None Discussion: None Motion: C. Cheng motioned to approve the Special Permit with the following conditions and T. Linnehan seconded. The motion was unanimous (3-0). 1) The applicant will work with DPD to finalize the landscaping plan to the Department’s satisfaction.  2) The applicant will obtain a Stormwater Permit from the LRWWU 3) Applicant shall comply with recommendations from the Lowell Fire Department approval C. Cheng motioned to approve the Site Plan with the same conditions as above and A. Dolan Wilson seconded. The motion was unanimous (3-0). The Board also expressed their desire to make a recommendation to the Traffic Engineer re: instituting a study of making West Fourth and West Fifth Streets one-way. III. New Business Site Plan Review – 145-149 Woburn Street, 01852 The Lowell Planning Board will hold a public hearing to hear all interested persons relative to an application by Jose Ribeiro to convert the property to a 4-family residential use. The subject property is located in the Traditional Two-Family (TTF) zoning district. The applicant previously received approval from the Zoning Board to convert the use from a non-conforming use to another non-conforming use. The proposal currently requires Site Plan Review approval from the Planning Board per Section 11.4 for 4 residential units on a lot. On behalf: P. Marlowe represented the applicant. He previously worked with the applicant on Eliot Street. P. Marlowe explained the history of the application. The property was previously a four-unit property, consisting of a three-family home and a cottage in the back, where the family lived. P. Marlowe said he had walked the property in the past with D. Fuller and also sought ZBA approval to legalize the property as having four units. The ZBA approved this in 2020, but the applicant never got Site Plan Review from the Planning Board to fully legalize the four units. P. Marlowe said they are here now for the administrative step of legalizing the four units, as the current owner cannot pull building permits for repair until this is done. In favor: In opposition: Christine Burke, 171 Woburn Street, spoke in opposition. She has lived in the neighborhood for a long time and said that the building was always a two-family. She claimed the third unit was added illegally. She noted that having a third unit there makes the property crowded and takes away from her privacy due to the balcony on the third unit). She noted that the residents often park on the curb. She also asked if it would be possible to make the decks more private. She is in favor of anything to increase their privacy. Amy Porier of 94B Acton Street spoke in opposition. She said the house has always been a two- family and then the cottage in the back. She noted that she believes there are 4-units in the front building. She also noted that a car always parking and blocks the sidewalk. Jennifer Mcmahon of 153 Woburn Street spoke in opposition. She said its been a two-family forever. She said there are too many cars being parked there and that the majority of the homes in the neighborhood are two-family. Harry McDonald of 100 Acton Street spoke in opposition. He said the “Cottage” in the back is actually a 2-family victorian house. Discussion: P. Marlowe said that D. Fuller approved the use. C. Cheng said the ZBA approved the use and that is not in question, but that he does have some concerns regarding parking. He said that the privacy issue because of the balcony is beyond their purview. S. Gallivan said this is a challenging position. She said she is not in favor of expanding parking. She said potentially adding landscaping around parking space 1 may prevent an additional car from parking there. A. Dolan Wilson asked if the decks were already there when the ZBA approved the use. The applicant said yes, and that the decks have been there since 2013. P. Marlowe said they are amenable to changes to the decks to create more privacy, but that tenants will also want to be able to look out. C. Cheng said the tenant should be educated on what the parking situation is in an effort to prevent parking disputes. Motion: C. Cheng motioned to approve the Site Plan with conditions and A. Dolan Wilson seconded. The vote was unanimous (4-0). 1) The applicant shall work with DPD to add screening to the second and third floor balconies to enhance the privacy of the neighbors. 2) The applicant shall add a triangular planter next to “Parking Space One” on the Site Plan to prevent illegal parking, and the applicant shall not park on the sidewalk in front of the house. 3) The applicant shall work with DPD to ensure there is no illegal parking. IV. Notices V. Further Comments from Planning Board Members S. Gallivan discussed the recent Community Preservation Committee meeting. She noted that on 1/25 the CPC distributed funding to 4 applicants for community housing and historic preservation projects. She said the open space portion was set aside for future years. G. Frechette discussed the housing bond bill filed by Governor Healey (H4138). He noted that the bill legalizes ADUs in all municipalities and that it does not require owner occupancy. He said it erases single-family zoning in Massachusetts. He said he will be spreading the word to NMCOG and Reps. from other communities. VI. Adjournment G. Frechette motioned and C. Cheng seconded to adjourn the meeting. The meeting was adjourned at 8:24 PM.