Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes November 9, 2020 6:30 P.M. Note: These minutes are not completed verbatim. For further detail, contact the Division of Development Services, 375 Merrimack Street, Lowell, MA or refer to video recordings available online at www.LTC.org. Members Present: Chairman Perrin, Member Pech, Member Callahan, Member McCarthy, and Member Procope. Members Absent: Member Briere, Member Njorge Others Present: Christine McCall, Director of Economic Development The following represents the actions taken by the Zoning Board of Appeals at the 11/9/2020 meeting. Due to the COVID-19 pandemic, this meeting occurred using the Zoom videoconferencing platform. Chairman Perrin called the meeting to order at 6:30pm. I. Continued Business ZBA-2020-44 Petition Type: Special Permit Applicant: Pineapple Realty, LLC Property Located at: 17 Montreal St, 264 Plain Street, 266 Plain Street, 68 Montreal Street, 65 Montreal Street, 201.1 W Manchester Street, 57 Montreal Street, 194 Manchester Street, 278 Plain Street 01852 Applicable Zoning Bylaws: Section 12.5(f) Petition: Pineapple Realty, LLC is seeking Special Permit approval to store construction materials and screen loam associated with a landscaping business at the properties located at 17 Montreal Street, 264 Plain Street, 266 Plain Street, 68 Montreal Street, 65 Montreal Street, 201.1 W Manchester Street, 57 Montreal Street, 194 Manchester Street, and 278 Plain Street. The properties are in the Light Industrial (LI) zoning district and the use requires Special Permit approval under Section 12.5(f) and any other relief required of the Lowell Zoning Ordinance. The applicant has requested a continuance to the November 23, 2020 ZBA meeting. On Behalf: George Theodorou, Attorney for Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: Attorney Theodorou stated that the applicant submitted revised notice to additional abutters and is  requesting a continuance to 11/23/2020 meeting. Motion: Member Callahan motioned and Member Procope seconded the motion to continue the petition to 11/23/2020. The motion passes unanimously (5-0). II. New Business ZBA-2020-46 Petition Type: Variance Applicant: Glory Buddhist Temple, Inc. Property Located at: 153 Hale Street 01851 Applicable Zoning Bylaws: Section 6.1.4 Petition: Glory Buddhist Temple, Inc. is seeking to construct a second story addition to their existing temple at 153 Hale Street. The building is in the Neighborhood Business (NB) district and the addition requires Variance approval under Section 6.1.4 for the off-street parking requirement and for all other relief required of the Lowell Zoning Ordinance. On Behalf: Greg Haladyna, Applicant’s Attorney John Caveney, Architect Speaking in Favor: Greg Haladyna, Applicant’s Attorney Speaking in Opposition: Discussion: G. Haladyna provides the ZBA on an update from the 2012 Variance and a brief overview of the proposed project. He makes the case that this project still meets the requirements of the 2012 Decision and is not changing the intensity of the use. The proposed project allows for additional space for administrative functions and worship space for monks. Member Pech asks the applicant to clarify the schedule of the additional space. The representative for applicant, Halal, states that there is adjacent property that is used for private worship and meditation and they don’t have additional plans, beyond this project, at this time, for the site. Member Pech confirms that there is no substantial change in use from the 2012 Decision and has not outstanding concerns about the project. Member Callahan states that he thinks this is a great project and likes the layout and design of the building. Member Callahan does not foresee additional stress on the current parking and asks about the applicant’s plans to meet the stormwater plan condition from 2012. IF the condition is not met, it should be included with current Decision. Member McCarthy asks the architect, John Caveney about plan sheet A101 and confirms that the addition of the staircase and second floor of egress will ultimately result in a decrease of floor space on the ground floor. Member McCarthy and Mr. Caveney engage in a conversation about the egresses and decrease in floor space. They agree that the staircase should be enclosed and lock as to clearly 10/26/2020 ZBA Meeting Minutes | 2 demarcate public space from private space. Mr. Caveney agrees to this proposed condition. Member McCarthy asks the applicant about proposed landscaping and if they would be willing to work with DPD on a landscaping plan, as part of the stormwater management plan. Mr. Caveney states that the applicant is investing a significant amount of money into the project and has been focused on a fence project. However, the applicant would be willing to include landscaping as part of the overall stormwater management plan. Member McCarthy asks if there have been any parking issues in the neighborhood. He notes that the applicant exceeds the parking on-site that the ZBA required in 2012. The ZBA decides that there is a likely not parking issue in the neighborhood because not a single abutter submitted comments to staff or is in attendance at this meeting. Member McCarthy asks about a timeline for the project. Mr. Caveney states that the project is ready to go, financing is secure, and if approval is received from the ZBA, they will move forward to obtain a building permit. Member Procope states that this is a great project for the area and will be an improvement for the neighborhood. Member Procope agrees with the proposed conditions requested by his colleagues. Chairman Perrin echoes comments of his colleagues and he confirms that the applicant is in agreement of the conditions. Motion: S. Callahan motioned and D. McCarthy seconded the motion to approve the Variance with the following conditions: 1. The applicant shall work with DPD on a stormwater management plan and include landscaping where appropriate. 2. The applicant shall close and secure the staircase to the second floor from the ground floor as to clearly demarcate private and public space. 3. The applicant shall submit to a 6-month administrative review, post issuance of an occupancy permit. The motion passed unanimously (5-0). ZBA-2020-47 Petition Type: Variance Applicant: Christopher Karabatsos Property Located at: 48 Eleanor Drive 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Chris Karabatsos is seeking Variance approval to construct a carport at 48 Eleanor Drive. The property is in the Suburban Single Family (SSF) zoning district. The carport will require Variance approval under Section 5.1 for the side yard setback and for any other relief required of the Lowell Zoning Ordinance. On Behalf: Jason Shilinksy Speaking in Favor: None 10/26/2020 ZBA Meeting Minutes | 3 Speaking in Opposition: None Discussion: J. Shilinsky states he is the general contractor for the project. The applicant is looking to add a carport to the right hand side of the home, attached to the structure, using the existing extended pavement from the driveway. The project has received approval from the Lowell Conservation Commission. The project does not require significant excavation. Member McCarthy states that the project is pretty straightforward and is a good candidate for a variance because the lot line and structure are not aligned. Member McCarthy and the applicant engage in a brief discussion about the elevations of the proposed carport. Member Procope states that this project is straightforward and is concerned about the wetlands, but agrees that it is something the homeowner appears to be aware of. The project received Conservation Commission approval. Member Callahan states that the project as proposed meets all the criteria for a variance. Member Pech agrees with his colleagues and feels that the proposed project does not negatively impact the adjacent wetlands. Motion: S. Callahan motioned and V. Pech seconded the motion to approve the Variance. The motion passes unanimously (5-0). ZBA-2020-48 Petition Type: Special Permit & Variance Applicant: Ke Ning Property Located at: 231 Central Street 01852 Applicable Zoning Bylaws: Section 12.1(e); Section 6.1.4 Petition: Ke Ning is seeking to redevelop the existing building at 231 Central Street into nine residential dwelling units and a ground floor commercial space. The building is in the Downtown Mixed-Use (DMU) zoning district and the proposal requires Special Permit approval under Section 12.1.e for the use, a Variance under Section 6.1.4 for the residential off-street parking requirement, and for all other relief required of the Lowell Zoning Ordinance. On Behalf: Ke Ning, Applicant Trudie Hale, Attorney for Applicant Speaking in Favor: None Speaking in Opposition: None 10/26/2020 ZBA Meeting Minutes | 4 Discussion: Ms. Hale reviews staff comments and indicates that “live/work” and “common yard” should be interpreted loosely. The units will be apartments and the rear area behind the building is existing and essentially an alleyway. Member Procope states that any investment in Downtown will make the City more attractive. Member Pech states that this is an exciting project as Downtown is the heartbeat of the City. He states that this is a great redevelopment proposal. Member McCarthy asks about internal/external bike storage, a mailroom, and secure package drop off areas. The applicant states that they are still fine-tuning their plans and will work with DPD to incorporate all spaces in the final building permit plans. Member McCarthy and Ms. Hale get into a discussion about the stormwater plan and the proposed off-site mitigation fund. Member McCarthy asks if the project requires any exterior work. The applicant states they will be replacing windows, but the brick is in really good shape. The applicant has been in contact with Mr. Stowell of the Lowell Historic Board. Member McCarthy asks if there is a tenant for the commercial space. The applicant states that they are working on it and are open to many possibilities. The applicant states that they hope to begin construction in 2021. Member Callahan echoes the comments made by his colleague. He asks for clarification about the ground floor and basement areas. The basement will be used for storage for the commercial tenant. Chairman Perrin echoes his colleagues’ comments and is excited to see this project in Downtown Lowell. Chairman Perrin expresses gratitude to the applicant for investing in Lowell. Motion: S. Callahan motioned and D. McCarthy seconded the motion to approve the Special Permit with the following conditions: 1. The applicant shall work with DPD to include internal/external bike storage and secure package drop off prior to the issuance of a building permit. 2. The applicant shall work with DPD on a stormwater management plan and/or off site mitigation plan. The motion passed unanimously (5-0). S. Callahan motioned and V. Pech seconded the motion to approve the Variance with the following conditions: 1. The applicant shall work with DPD to include internal/external bike storage and secure package drop off prior to the issuance of a building permit. 2. The applicant shall work with DPD on a stormwater management plan and/or off site mitigation plan. The motion passed unanimously (5-0). 10/26/2020 ZBA Meeting Minutes | 5 III. Other Business Variance Extension Request: 90 Lupine Road 01850 JAF, 27 LLC has requested to extend their 10/25/2019 Variance approval by one (1) year due to the pandemic. The applicant received Variance approval to construct a new single family dwelling on a vacant parcel. The proposal required Variance approval for minimum lot area, minimum frontage, Floor Area Ratio (FAR) pursuant to Section 5.1 of the Lowell Zoning Ordinance. On Behalf: Ken Lania, Representative for Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: Mr. Lania stated that it has been difficult to obtain the financing due to the pandemic. Mr. Lania is hopeful to begin the project in Spring 2021. Member Pech stated that the extension request makes sense; it has been an uncertain time. Member Callahan stated that he is not opposed to the extension. Member Callahan requested a status update on conditions; the applicant says they have not been completed. Member McCarthy agrees with this extension given the current pandemic. Member McCarthy states that he is amazed projects are still going forward with the current climate. He states that he is in favor of showing some compassion here for the applicant and granting the extension. Member Procope states he is in favor of the extension. Chairman Perrin echoes the comments of his colleagues and is in favor of granting a 1 –year extension, with the previously approved conditions as part of the 2019 Decision. Motion: Member Callahan motioned and D. McCarthy seconded the motion to grant a 1- year extension with the approved conditions from 2019. The motion passed unanimously (5-0). Minutes for Approval: October 26, 2020 S. Callahan motioned and G. Procope seconded the motion to approve the 10/26/2020 minutes. The motion passed unanimously (5-0). 50 Wentworth Ave Member McCarthy inquires if the applicant of 50 Wentworth Ave is the same developer as a previously approved project on Westford Street. D. Pham happens to be on the zoom and confirms he was the 10/26/2020 ZBA Meeting Minutes | 6  applicant for 153 Westford Street. Staff confirms that they will place 153 Westford Street on the 11/23 Agenda under Other Business and provide a brief status update on the project to date. Member Callahan extends his sincere congratulations to Stephen Geary on his appointment to MA District Court. V. Adjournment S. Callahan motioned and D. McCarthy seconded the motion to adjourn the meeting. The time was 7:45PM. The motion passed unanimously (5-0). New Business to Be Advertised by October 25, 2020 and November 1, 2020 10/26/2020 ZBA Meeting Minutes | 7