Planning Board

City of Lowell - Planning Board Planning Board Meeting Minutes Monday, April 24, 2025 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 Tenczar Member Walker Associate Member Sar Associate Member Cardoso Silva Members Absent Member Cheng Others Present Francesca Cigliano, Senior Planner A quorum of the Board was present. Chairman Linnehan called the meeting to order at 6:30 PM I. Minutes for Approval 4/7/2025 G. Frechette motioned and L. Walker seconded the motion to approve the minutes. The motion passed unanimously, (5-0). II. Continued Business Special Permit & Site Plan Review – 133 Clark Road, 01852 The Lowell Planning Board will hold a public hearing to hear all interested persons relative to an application by Jeremy and Darlene McSorley to subdivide the existing lot and construct a new single- family home at 133 Clark Road. The subject property is located in the Suburban Single-Family (SSF) zoning district. The proposal requires amended Special Permit approval from the Planning Board per Section 5.2.9 to reduce the required frontage for large lots in the SSF zone, Special Permit approval per Section 6.7 to exceed the maximum driveway length, and Site Plan Review approval per Section 11.4 for a parking area with greater than 4,000 sq ft of impervious surface. On Behalf: Catherine Flood, Applicant’s Attorney Matt Hamor, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: G. Frechette said in the prior plan, they did receive approval. They can build that second house back there. I like the idea of squaring off the first lot. The spirit of the original approval is still what’s being presented here. Amended special permit under 5.2.9 and special permit for driveway length. I did ask Francesca - regarding LFD’s comment. Safe reasonable access for emergency vehicles. I don’t like “no comment” as a response, I would rather they say they have no issues. I would prefer “no concerns”. I don’t believe we have a final response on the drainage issue. T. Linnehan cited stormwater issues discussed in staff memo. M. Hamor said they had three meetings with the stormwater team and have addressed comments. All comments have been addressed with revised plan. D. Tenczar asked why they need an amendment. C. Flood said changes need to come in for modifications. Frontage is not changing. D. Tenczar asked how they can approve less than 20k. C. Flood said the variance dictates this. D. Tenczar said needs approval from wastewater, water, and the fire chief. L. Walker and T. Sar said no questions. Motion: G. Frechette motioned to approve the special permit amendment with the following conditions: 1. The applicant shall record an easement granting future owners of proposed Lot 1 access to the driveway, parking area, and walkways accessing their property which are located on proposed Lot 2 2. The applicant shall obtain final approval from the Lowell Fire Department prior to applying for a building permit; 3. The applicant shall obtain final approval from the Lowell Engineering Department prior to applying for a building permit; 4. The applicant shall obtain final approval from the Lowell Regional Wastewater Utility prior to applying for a building permit; and 5. The applicant shall obtain final approval of the landscaping plan by DPD prior to applying for a building permit. The motion was seconded by D. Tenczar and passed unanimously, (5-0). G. Frechette motioned to approve the special permit for the length of the driveway, subject to final approval from the Lowell Fire Department. The motion was seconded by D. Tenczar and passed unanimously, (5-0). III. New Business Public Shade Tree Hearing: 42 Magnolia Street 01854, 486 Andover Street 01852, 14 15 21 and 54 Barasford Avenue 01852, 320 Varnum Avenue 01854, 51 Wedge Street 01851, and 406 Parker Street 01851 In Accordance with MGL Ch. 87.5 and the Chapter 260 of the Lowell Code of Ordinances, the Lowell Planning Board will hold a public hearing to hear all interested persons about the proposed removal of one (1) tree located at 42 Magnolia Street, one (1) tree located at 486 Andover Street, one (1) tree at each of the above addresses on Barasford Avenue, three (3) trees at 320 Varnum Avenue, one (1) tree located at 51 Wedge Street, and one (1) tree at 406 Parker Street. The removal of these trees is necessary to maintain the integrity of the public sidewalk and roadway. On Behalf: Moise Reveil, City of Lowell Engineering Speaking in Favor: None Speaking in Opposition: Steve Conant, 34 Barasford Ave S. Conant said he appreciates the interest in maintaining the trees. Glad some of you have actually read the tree ordinance. I want to read beginning of ordinance. It shall be the priority to preserve and protect shade trees. I think the burden of proof is on those who want to remove the trees. I haven’t seen any evidence that they are a threat to public safety or are unhealthy. There are ways to make the sidewalks ADA compliant. The burden is on the proponent to protect the trees. Discussion: G. Frechette said they are large trees but pose a danger to some of the homes. Is there any plan in place to replace the trees in the neighborhood or street. M. Reveil said not to replace those trees specifically. DPD has a program but would have to replace on their property. GF said no replacement plan for public trees. D. Tenczar said this is a pet peeve of mine. There were a number of trees in Pawtucketville and said they are coming up with a plan. No trees are proposed. We as the tree board have a responsibility. We as tree board to make rules and regulations that govern how trees are cut, pruned, whatever. One of the things should be - come in hand with a replanting plan. Replacement is not discretional. These four trees need to be replaced by 8 trees. L. Walker said she doesn’t see how this would impact paving the road. M. Reveil said each tree has a good reason. Unable to speak on this tree specifically. On Douglas Road, will be adding trees because we are shrinking the roads and will have enough surface area. M. Reveil said all trees are on city property. Motion: G. Frechette motioned to deny the request until a replacement plan is submitted for each tree, seconded by D. Tenczar and passed unanimously, (5-0). T. Linnehan asked if there was a replanting plan for any of the other trees. M. Reveil said no. D. Tenczar motioned to require a replanting plan with specific time, place, location, caliper of all proposed replacement trees. The statute requires that. The motion was seconded by G. Frechette and passed unanimously, (5-0). G. Frechette motioned to rescind motion to deny, seconded by DT (5-0). Paul St. Cyr said he is happy to go through continuance process and is happy to get that for you for the next available meeting. T. Linnehan motioned to continue all public shade tree hearings to the May 19, 2025 Planning Board meeting. The motion was seconded by J. Cardoso Silva and passed unanimously, (5-0) Site Plan Review and Special Permit: 23 W Fifth Street 01850 The Lowell Planning Board will hold a public hearing to hear all interested persons relative to an application by Luis Zapatier seeking to convert an existing three-family structure into a four-family structure at 23 W Fifth Street. The property is located in the Traditional Neighborhood Multifamily (TMF) zoning district and requires Site Plan Review approval under Section 11.4.2(2) and Special Permit approval under Section 12.1(c). On Behalf: Luis Zapatier, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: T. Linnehan said the request for permit sign is not up. D. Tenczar recommended withdrawal without prejudice to get the sign posted. L. Zapatier requested to withdraw his application without prejudice. Motion: D. Tenczar motioned to withdraw the application without prejudice, seconded by T. Sar. The motion passed unanimously, (5-0). Proposed Zoning Amendment: Flood Plain Overlay District In accordance with M.G.L. Chapter 40A, Section 5, the Lowell Planning Board will hold a Public Hearing to hear all interested persons relative to an ordinance to amend “The Code of Ordinances City of Lowell, Massachusetts,” with respect to Chapter 290, thereof entitled “Lowell Zoning Code” by amending Article IX Overlay Districts, specifically Section 9.1 entitled Flood Plain Overlay District (FPOD). On Behalf: Francesca Cigliano, Senior Planner, City of Lowell Speaking in Favor: None Speaking in Opposition: None Discussion: G. Frechette noted that residents with properties located in a special flood hazard area cannot close on a mortgage to a federally insured lending institution. I was one of the co-chairs of the flood committee and treasurer of the Salvation Army. To see the devastation flooding can cause in the community – it is important to be compliant. Would hate to see an administrative issue. T. Linnehan said he is also in favor. D. Tenczar said no comments or concerns. J. Cardoso Silva, L. Walker, and T. Sar said they have no concerns. Motion: G. Frechette motioned and T. Linnehan seconded the motion to issue a positive zoning amendment recommendation to the City Council. The motion passed unanimously, (5-0). IV. Other Business V. Further Comments from Planning Board Members T. Linnehan said there is a dedication for riverwalk bridge for Bob Malavich. Bob was head of planning and development. Was in charge back in the 80s and 90s. Was very big with the walkways. He was friendly with Steve Stowell and the Historic Board. It was nice to have someone who is a planner on the Board. Regarding the Historic Board, L. Walker said 27 market rate apartments are coming at 246 Market Street. The property owner is going to knock down existing addition at JJ’s pub and rebuild it. Doors open Lowell will take place on May 11. VI. Adjournment D. Tenczar motioned and L. Walker seconded the motion to adjourn. The time was 7:48PM.