Planning Board

City of Lowell - Planning Board Planning Board Meeting Minutes Monday February 22, 2024 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 Lockhart Member Cheng Member Tenczar Member Gallivan Members Absent Member Dolan-Wilson Others Present Francesca Cigliano, Senior Planner A quorum of the Board was present. Chairman Linnehan called the meeting to order at 6:30 PM. Chairman Linnehan welcomed Member Tenczar to the Planning Board. T. Linnehan said the Board will miss S. Gallivan who will be serving on the Board for her final meeting tonight. She has been our resident architect on the Board. We will really miss her and wish her the best of luck. I. Minutes for Approval 2/5/2024 meeting minutes II. Continued Business Site Plan Review: 20 Payton Street 01851 Ilha Verde Group, LLC has applied to Lowell Planning Board to operate a marijuana Production/Manufacturing facility at 20 Payton Street. The subject property is located in the Light Industrial (LI) zoning district. The proposal requires Site Plan Review approval pursuant to Section 7.10 and Section 11.4 from the Lowell Planning Board and any other relief required under the Lowell Zoning Ordinance. On Behalf: Catriona Savage, the Applicant Rodney Taylor, the Applicant C. Savage said abutters were notified. There are no upstairs neighbors. The city engineer approved the project. LFD has approved the project. LPD approved the project. One challenge we still face is with solid waste and recycling. Not responding. When we speak to them they say its not what they do. Our waste plan doesn’t require their involvement. Private trash. Cannabis waste is going to be rendered unusable. This is all in compliance with CCC’s regulations so long as it is under one ton of waste. We don’t know what to do with waste department. The person we need is on vacation this week. I don’t know if that’s something we would be able to waive. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Frechette thanked for following up on points brought up in last meeting. Nice to see the floor plan. Is it solid waste in the city we are waiting for? R. Taylor said yes. G. Frechette said can probably be a condition of approval. The zoning doesn’t specify when SW&R would need to approve. Addressed the odor control methods. Satisfied with the application. C. Cheng said regarding architecture, are there concerns about odor leaking from building envelope? C. Cheng thanked for addressing concerns. I think I see a good project here. S. Gallivan asked if they had a letter from the fire department. T. Linnehan confirmed they do. T. Linnehan was happy to see approval from police department. Good to see. No further comments. Motion: G. Frechette motioned to approve with the following conditions: 1. The applicant shall obtain approval from SW&R as required per 7.10.5(6) of the City of Lowell zoning ordinance; and 2. The applicant shall comply with any concerns raised by City of Lowell relative to odor mitigation. C. Cheng seconded and the motion passed unanimously, (4-0). Chairman Linnehan, Members Frechette and Cheng, and Associate Member Gallivan voted as they were the members who had participated in the previous hearing on 1/4/2024 related to this matter. III. New Business Definitive Subdivision Approval: 21 Christman Ave 01852 The applicant is seeking Definitive Subdivision approval to split the existing lot into 3 lots. The applicant intends to construct a single-family home on each new lot. The subject property is located in the Traditional Single-Family (TSF) zoning district. The newly created lots will not comply with the minimum frontage requirement per 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. The applicant has also applied for the required Zoning Board approvals. On Behalf: Matt Hamor, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: G Frechette noted that he was recusing himself from discussing and voting on this petition. S. Gallivan said this is an improvement. I’m glad to see that it is more compliant with the underlying zoning. The only thing I am not in agreement with is having a 40-ft setback. I think the lots could be nice with a nice backyard. This layout with large driveways in front of the homes makes it more auto- oriented. I think it would be a more usable site to have a larger backyard. As currently proposed, so much of the site is dedicated to parking. M. Hamor said with it being so busy, there is a benefit to having it pushed back. It does limit your backyard. It is a very busy area. S. Gallivan thinks it should be a 20-ft setback instead of 40-ft. T. Linnehan clarified that since this is just subdivision approval, the board does not have jurisdiction over the driveway setback. C. Cheng agreed that it is more fitting to the neighborhood with single family houses. I would support the proposal. R. Lockhart had question regarding memo from Joseph Cady engineer on 2/6/2024. He has a number of points here that will really button up this project. Does the applicant have any problem with anything on here. M. Hamor said no problem. R. Lockhart said regarding stormwater permit approval. Has that been done? M. Hamor said all the projects in the city have to obtain a stormwater permit. D. Tenczar said he agrees with colleague on driveway. Reminds me of cement city. We have a lot of front yards that are nothing but pavement. I don’t find it attractive but from what I’m hearing we don’t have a say in that. I think the ZBA was generous in what they approved. Based on your work working with the neighborhood they felt this was a good proposal. I just hate the driveway and I would agree that it would be better if they had a shorter driveway and larger backyard. M. Hamor said there’s no garage so they need to accommodate more vehicles. T. Linnehan said happy to see new plan. Didn’t like the last one. Mr. Jenkins has done a lot of work for us for the city. And this was the first time he didn’t get approval from neighbors. Was speaking about it with the law department that he does what’s best for the city so I’m not surprised he came back with a new plan that’s a lot better. C. Cheng asked about existing fence. M. Hamor said existing fencing to remain. Motion: C .Cheng motioned to approve the definitive subdivision plan with the following conditions: 1. The applicant shall comply with comments issued by the City Engineer; 2. The applicant shall plant three (3) shade trees, 1 per lot; and 3. The applicant shall obtain a stormwater permit. The motion was seconded by R. Lockhart and passed unanimously, (5-0). Special Permit: 450 Chelmsford Street 01851 Thomas Royce, on behalf of ADH Inc., has applied to the Lowell Planning Board to operate an adult day care facility at 450 Chelmsford Street. The property is in the Regional Retail (RR) zoning district and requires Special Permit approval for this use under Article XII. On Behalf: Thomas Royce, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: G. Frechette said one of the thresholds for a special permit is enhancing the community. I am very much aware of the need. Have been serving on the D’Youville board. Used to have adult daycare there. There is a need. I think it’s a good location. C. Cheng said he agrees with G. Frechette’s comments. S. Gallivan said no questions. D. Tenczar asked who owns the lot/building? T. Royce said Frontier Development owns it. D. Tenczar said used to be clean when it was the RMV. Now its run down. Would be helpful to have a business in there. Concern is whether the Regional Retail zoning district is meant for daycare uses. When I went to the site I was amazed at how much of a mess it was. Was hoping you could pass along well wishes to owner. Needs to be cleaned up. T. Royce said he agrees and has money set aside for improvements. All new floors, new painting, new bathrooms. That unit will look like its brand new. Architect added that existing daycare business. D. Tenczar said to let owner know that they’re on notice. There’s no need for it. Pass along the word. R. Lockhart said his only question was the activity level that you anticipate in terms of parking and traffic. One of the screens explained that. The use of vans is innovative and would cut down on activity. T. Royce said participants are picked up in a 12-person van. Parking we need is far less than what was needed for workout club that was there. Hours are 7am-5pm. Motion: S. Gallivan motioned and G. Frechette seconded the motion to approve the Special Permit. The motion passed unanimously, (5-0). 725-749 Merrimack Street 01852 Merrimack Street Real Estate Development Corp. has applied to the Lowell Planning Board to request a Special Permit extension for an additional period of two years. On Behalf: James Harrington, Applicant’s Attorney Speaking in Favor: None Speaking in Opposition: None Discussion: G. Frechette noted that he would be recusing himself from discussion and votes relative to this matter. D. Tenczar asked what had been completed at the site. J. Harrington said that within the next few years plan to commence. J. Harrington said with construction costs it has been difficult. Things take a little longer. R. Lockhart said no questions. Motion: T Linnehan motioned and R. Lockhart seconded the motion to approve the extension. The motion passed unanimously, (5-0). IV. Notices V. Further Comments from Planning Board Members G. Frechette noted that the NMCOG office moved to the Wannalancit Mills. There will be an open house. Great location. Open house is March 14th 672 Suffolk Street, 4pm-6pm. F. Cigliano said master plan draft will be sent out shortly for review and DPD Director/Asst. City Manager Yovani Baez-Rose will be presenting a summary to the City Council on Tuesday 2/27/2024. VI. Adjournment G. Frechette motioned and T. Linnehan seconded the motion to adjourn the meeting. The time was 8:00PM.