Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes September 27, 2021 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: Member Pech, Member Callahan, Member McCarthy, Member Briere, Member Procope Members Absent: Chairman Perrin, Member Njoroge Others Present: Dylan Ricker, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 9/27/2021 meeting. This meeting was held in the City Council chambers. However, due to the COVID-19 pandemic, attendees had the ability to participate via Zoom as permitted by the Governor’s 3/10/2020 emergency order to suspend certain provisions of the Open Meeting Law. Chairman Pech called the meeting to order at 6:30 PM I. Continued Business ZBA-2021-32 Petition Type: Variance Applicant: Kevin McDermott Property Located at: 135 Thornton Ave, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Kevin McDermott has applied to the Lowell Zoning Board of Appeals for Variance approval to construct a mudroom and garage. The property is in the Suburban Single-Family (SSF) zoning district and requires Variance approval under Section 5.1 for relief from the side yard setback and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Kevin McDermott, Applicant K. McDermott said that he is seeking relief to add room to his home, to increase the storage space and add a garage to help protect against snow and ice. K. McDermott said he is concerned about walking to his car in the winter due to past injuries. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said the petition will benefit the owner and would not have a detrimental impact on the neighborhood. G. Procope said he would approve the Variance. M. Briere said he looks favorable upon the petition. D. McCarthy said the site plan shows a 14 foot wide garage, and the width will be reduced by the existing chimney. K. McDermott said the chimney is 5 feet into the garage and a car would fit in. D. McCarthy stated the plan was well planned to leave enough space for a car. D. McCarthy said the plain is good and noted that DPD comments stated that there were similar side yard setbacks in the neighborhood. D. McCarthy added that the addition adds a benefit to the home. S. Callahan said his only concern was related to the chimney and whether a car could fit in. S. Callahan said that the applicant’s previous comments resolved those concerns. S. Callahan agreed with fellow Board members and said the relief requested fits with the neighborhood. V. Pech agreed with fellow Board members. Motion: D. McCarthy motioned, and M. Briere seconded the motion to approve the Variance. The motioned passed unanimously, 5-0. II. New Business ZBA-2021-33 Petition Type: Special Permit and Variance Applicant: John Faneros Property Located at: 157 Billerica Street, 01852 Applicable Zoning Bylaws: Article 12 and Section 5.1 Petition: John Faneros has applied to the Lowell Zoning Board of Appeals for Special Permit and Variance approval to add two additional residential units to the existing single-family home. The property is located in the Suburban Multi-Family (SMF) zoning district, and requires Special Permit approval under Article 12 for the use, and Variance approval per Section 5.1 for relief from the front yard setback requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: D. McCarthy motioned, and S. Callahan seconded the motion to continue the petition to the November 8, 2021 Zoning Board meeting. The motion passed unanimously, 5-0. ZBA-2021-34 Petition Type: Variance Applicant: Julio Cortez Property Located at: 242 Lakeview Avenue, 01850 Applicable Zoning Bylaws: Sections 5.1 and 5.3 Petition: Julio Cortez has applied to the Lowell Zoning Board of Appeals for Variance approval to demolish the vacant single-family home on the property, and construct a two-family home. The property is located in the Traditional Multi-Family (TMF) zoning district and requires Variance approval under Section 5.1 for relief from the front yard setback, side yard setback, minimum lot area, and minimum lot area per dwelling unit requirements, and Variance approval under Section 5.3 for relief from the landscaped open space requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: D. McCarthy motioned, and M. Briere seconded the motion to continue the petition to the November 8, 2021 Zoning Board meeting. The motion passed unanimously, 5-0. ZBA-2021-37 Petition Type: Variance Applicant: Lil Pea Real Estate Property Located at: 339-341 Lincoln Street, 01852 Applicable Zoning Bylaws: Section 5.1 and Section 6.1 Petition: Lil Pea Real Estate has applied to the Lowell Zoning Board of Appeals for Variance approvals in advance of filing for an Approval Not Required (ANR) to subdivide the lot. The proposed Lot A contains an existing non-conforming three-family home. The proposed Lot B contains an existing four-bay garage which the applicants is proposing to convert into a single-family home. The property is located in the Traditional Two-Family (TTF) zoning district and requires Variance approval under Section 5.1 for relief from dimensional requirements, and Variance approval under Section 6.1 for relief from the off-street parking requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Cox, Applicant’s Representative J. Cox stated that the property owner purchased the property in 2018 and said it is currently one lot, and the applicant will be seeking an ANR if the Variances are approved. The existing property is pre-existing non- conforming. J. Cox stated that the neighboring lot holds a four-bay garage, and added that the garage is used primarily for storage not parking and is not currently in good shape. J. Cox said the applicant is seeking to construct a one story, single-family home in the same footprint as the garage, the home would be 1100 square feet and have 2 bedrooms. J. Cox said the applicant would be adding a lawn area, and the property would include 2 off-street parking spaces. J. Cox said the project would have a positive impact on the neighborhood, and stated that DPD comments were positive and the project would enhance the neighborhood and not be detrimental. J. Cox said this would be good for the neighborhood and would help clean up the area and add green space while providing an affordable home. J. Cox added the project aligns with the City Master Plan. Giovanni Fodera, Applicant’s Engineer G. Fodera introduced himself as the engineer, and said he would answer any questions. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere agreed with the petitioner and DPD comments that the project enhances the neighborhood. M. Briere expressed his support for the petition. D. McCarthy stated the site plan does not show the dimensions of the parking spaces or curbcut. G. Fodera said the proposed plot plan shows dimensions of curbcut and parking spaces. D. McCarthy thanked G. Fodera for the clarification. D. McCarthy asked how many on-street parking spots are associated with the frontage. G. Fodera noted there would be 2 on-street spots associated with the frontage at the western part of the curbcut. D. McCarthy said it appears that there could be 4 on-street spots. D. McCarthy said there is sidewalk connecting the 3-family property to Autumn Street and asked if this was intentional. G. Fodera said the walkway will not have access to the neighboring property or Autumn Street. D. McCarthy asked if the applicant can satisfy the usable open space per dwelling unit requirement. G. Fodera said there is 778 square feet of open space per unit, and the green area on the plan is 2034 square feet. D. McCarthy agreed with staff comments and praised the staff comments for citing the City’s Master Plan and how the project complies with these plans. D. McCarthy stated he is supportive of the projects and cited the parking study showing there is available on-street parking. S. Callahan said the plans are well put together. S. Callahan stated that the 339 Lincoln Street site plan shows stairs that will be filled in. G. Fodera confirmed the area will be filled in. S. Callahan asked if the tree will remain in place. G. Fodera said the tree will stay, and added that it is beneficial to the property. S. Callahan asked if the rear yard will remain paved, and asked why. G. Fodera said this will remain paved since it is paved now. S. Callahan asked the purpose of having a walkway rather than green space. S. Callahan said he supports a condition that the applicant reduce the impervious surface on the rear of the 339 Lincoln Street lot. G. Fodera agreed and stated the applicant would be happy to remove the walkway and add green space. S. Callahan stated he supports the petition. G. Procope agreed with fellow Board members and stated the project will add character to the neighborhood. G. Procope said the engineer answered his question about the green space. G. Procope said adding additional green space will be beneficial. J. Cox stated the applicant held an informational meeting at the property for neighbors, and he invited neighbors to review plans. J. Cox said the applicant made every effort to reach out to the neighborhood. V. Pech stated he supports the project and it adds to the neighborhood. V. Pech said he is supportive of adding the green space condition. V. Pech praised DPD comments. Motion: D. McCarthy motioned, and S. Callahan seconded the motion to approve the Variances with the following condition: 1. The applicant shall increase the green space on the property by removing unneeded walkways on the 339 Lincoln Street lot. The motion passed unanimously, 5-0. ZBA-2021-38 Petition Type: Special Permit Applicant: Bain Group Real Estate, LLC Property Located at: 1320 Middlesex Street, 01851 Applicable Zoning Bylaws: Article 12.4(b) Petition: Bain Group Real Estate, LLC has applied to the Lowell Zoning Board of Appeals for Special Permit approval to convert an existing factory into a grocery market at 1320 Middlesex Street. The subject property is located in the Light Industrial (LI) zoning district, and requires Special Permit approval under Article 12.4(b) for the use, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Joseph Clermont, Applicant’s Representative J. Clermont said the current use of the property is a factory, and was previously a bakery and supermarket. J. Clermont said the applicant is looking to renovate the property completely to change it into a grocery store. J. Clermont thanked DPD staff for comments. J. Clermont said that not all dimensional regulations are compliant and the petition requires a Variance for the minimum drive lane. J. Clermont stated that there is a curbcut on Foster Street which is compliant, the Middlesex Street parking area requires a Variance so the applicant can include green space but have a smaller drive lane. J. Clermont said that the parking will be setback 5 feet from the property line and all curbcuts are compliant, a plan will be submitted demonstrating this. J. Clermont said there would be only 1 curbcut on each street (Foster Street and Middlesex Street), and this will be added to the plans. J. Clermont stated the applicant prefers screening the parking area with fencing. J. Clermont said the DPD proposed landscaping plan utilizing screening and shade trees would be agreeable for the applicant, but the applicant would like to leave space on the Southern and Eastern border for storage or dumpster needs. The applicant would add a 6 foot vinyl fence to screen the property. J. Clermont added that DPD comments note that the project will benefit the neighborhood and aligns with the City Master Plan. The project will bring a minority-owned business to the neighborhood and will eliminate the extra curbcut. Marcos Devers, Applicant’s Engineer M. Devers stated there are elements added to the new plans to come into compliance with the Lowell Zoning Ordinance for off-street parking. M. Devers said the plans are in compliance with most city zoning rules. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said the original site plan had 4 handicap spots and the new plan has only 2. D. McCarthy asked what the code requires. M. Devers said the requirement is that 10% of spaces be handicap, the previous plan had more than required. D. McCarthy clarified whether the intent was to meet the handicap requirements, M. Devers agreed. D. McCarthy asked about the 12 foot drive lane, and said this did not seem like enough space. J. Clermont said that the drive lane will be 16 feet and they are requesting relief so there can be more green space. J. Clermont said the plans will be updated. J. Clermont said this will require a Variance. D. McCarthy asked about the frontage on Middlesex Street and asked why this area is remaining paved but has no parking. D. McCarthy stated that the DPD design indicated this area as green space and included bike storage. D. McCarthy said the revised site plan indicates this as paved. J. Clermont clarified that the applicant has agreed to turn this into green space and eliminate the extra curbcut. D. McCarthy stated he is supportive of the project. D. McCarthy asked how truck deliveries will be handled and how trailers will access the loading dock. J. Clermont said he does not believe tractor trailers will be required for the site, and most deliveries will be box trucks. J. Clermont said the trucks will enter via Foster Street to access the loading dock. D. McCarthy requested a condition that a revised site plan adding the correct drive lane and adding the landscaped area on the Middlesex Street frontage be submitted. D. McCarthy asked about the screening requirement. J. Clermont said the screening trees will remain on the southwestern border of the property. D. McCarthy requested a condition that the applicant provide a landscaping plan showing what was discussed at the meeting. S. Callahan said all his questions and concerns have been addressed and the business will be beneficial to the neighborhood, especially as a minority-owned business. G. Procope agreed with fellow Board members and his concerns were addressed, most revolved around the green space. G. Procope agreed with D. McCarthy’s statement about the delivery entrance on Foster Street. M. Briere supports the repurposing of the building and complimented the exterior design. V. Pech said he is supportive of the project and thanked the applicant for their presentation. Motion: D. McCarthy motioned, and G. Procope seconded the motion to approve the Special Permit with the following conditions: 1. The applicant shall provide a revised site plan indicating truck turning radius on Foster Street, removal of the northwest corner curbcut, paving replaced with green space, and drive aisle changed from 12 feet to 16 feet along the northeast corner of the lot; and 2. The applicant shall submit a landscaping plan retaining the DPD design with the exception of utilizing 6 foot vinyl fencing to screen the parking area. The motion passed unanimously, 5-0. D. McCarthy motioned, and S. Callahan seconded the motion to approve the Variance under Section 6.1 with the following conditions: 1. The applicant shall provide a revised site plan indicating truck turning radius on Foster Street, removal of the northwest corner curbcut, paving replaced with green space, and drive aisle changed from 12 feet to 16 feet along the northeast corner of the lot; and 2. The applicant shall submit a landscaping plan retaining the DPD design with the exception of utilizing 6 foot vinyl fencing to screen the parking area. The motion passed unanimously, 5-0. ZBA-2021-39 Petition Type: Special Permit Applicant: Pineapple Realty Trust, LLC Property Located at: 17 Montreal Street, 264-266 Plain Street, 01852 Applicable Zoning Bylaws: Article 12 Petition: Pineapple Realty Trust, LLC has applied to the Lowell Zoning Board of Appeals for Special Permit approval to use the property as a parking and storage lot for trucks and trailers. The applicant proposed to 3,950 square feet of the lot and store at most fourteen vehicles at the site. The subject property is located in the Light Industrial (LI) zoning district and requires Special Permit approval under Article 12.6(g), and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Cox, Applicant’s Representative J. Cox said the lot is roughly 100,000 square feet between Quebec Street, Plain Street, and Montreal Street. The property was previously zoned Traditional Two Family and was rezoned Light Industrial in 2019. J. Cox stated the property owner has a lease for someone to store up to 14 vehicles on the property. J. Cox clarified that the company is not a typical tow company, the company purchases cars at auction and stores them short term until they are sold and delivered. J. Cox suggested that hours of operation could be restricted to 6:30am- 7:00pm on weekdays and later in the morning on weekends. J. Cox stated the property owner has spent a significant amount of money on the property and added the owner has a curbcut permit on Plain Street which is intended to be the primary access to the site. J. Cox said the owner is agreeable to all DPD conditions, including adding oil separators and drainage storage on site. J. Cox added that the use is only a small area of the lot, and stated that the applicant will install a 6 foot opaque fence as a condition of approval. J. Cox said that rather than an easement the owner will agree to provide access to the site to the City, and the City will be provided the name of a manager in charge of the lot who can open the gate. J. Cox said the applicant will not park more than 14 vehicles on the site, and added that the property owner has the right to develop the site and does not feel 14 vehicles is highly detrimental. J. Cox said that cars will only be parked on the paved area. Matt Hamor, Applicant’s Engineer M. Hamor explained the site plan for the property. M. Hamor said there was a zoning extension in 2019 changing the property to a Light Industrial zone. M. Hamor said the site previously was filled with debris which was cleaned by the property owner. M. Hamor said the applicant proposes to change the gravel drive into a paved curbcut and would improve the existing gate. M. Hamor added that full drainage will be included for the parking area. M. Hamor said the gravel area will be used for snow storage and the parking area will be completely fenced. Speaking in Favor: None Speaking in Opposition: Michael Ashe, 100B Quebec Street M. Ashe said he is concerned that the site will not only store auction cars and asked if there is a requirement that it can only store auction cars. M. Ashe asked if a truck pulling a trailer with multiple cars would count as a multiple vehicles. J. Cox said each car on a trailer would count as a vehicle. M. Ashe stated that during the zoning extension in 2019 the applicant stated that all of the Light Industrial development would be located in the back of the site away from the residential development. The property owner said the use would not be visible from Quebec Street. M. Ashe said that at the time the owner said that Quebec Street would only be used as a neat entrance to a commercial building that would not be visible from Quebec Street, and that all uses would be indoors. M. Ashe said there is an oil recycling facility nearby but all of the activity takes place indoors. M. Ashe said he believes this is more of a parking lot than car storage area. M. Ashe added that the land has been cleared of all trees and plants that could provide noise or smell mitigation. M. Ashe stated the parking area should be moved further from Quebec Street as was previously agreed upon. M. Ashe is concerned about having trucks going by at early or late hours and stated that Light Industrial are 7am-6pm per the City Ordinance. M. Ashe stated the fence should have a 30 foot buffer to the property line and have the Quebec Street gate not used at all. Carolyn Rocheleau-Feeney, 100A Quebec Street C. Rocheleau-Feeney stated when she purchased the home the lot was across from woods, and for the past few years the property has been a mess. C. Rocheleau-Feeney said for the past few years trucks have been goin past her property at 5am, and dirt piles were left on the property to be blown across the neighborhood. C. Rocheleau-Feeney said the property owner has decreased her property value by creating the dirt pit across the street and is concerned about the hours of operation for the business, and whether the applicant will comply. C. Rocheleau-Feeney asked the Board to consider the residents that live in the neighborhood, and added that the Quebec Street entrance should be closed off or improved. Discussion: S. Callahan stated that the lot could be accessed via Plain Street, and asked whether the applicant could move the use further from Quebec Street and closer to Plain Street. M. Hamor stated there is 32 feet from Quebec Street to the parking storage area. M. Hamor added that the change to a Plain Street entrance would be in the long-term. S. Callahan asked about the size of the trailers that will bring vehicles to the site. J. Cox said they would be regular tow trucks, and once the Plain Street entrance is developed it will be used, but at this time it is not usable. J. Cox passed around before and after photos of the property. S. Callahan asked if there will be any on-site management ensuring the lessee is compliant. M. Hamor said there will be no on-site management. S. Callahan asked how long it would be until there will be access from Plain Street. M. Hamor said 6 months to 1 year. S. Callahan said that minimally there should be an administrative review on this project regarding the possible access point. S. Callahan said all vehicles entering and exiting should utilize Plain Street. G. Procope asked about the City Ordinance related to hours of operation in the Light Industrial zone. D. Ricker said he is unsure of the exact rule. G. Procope said he is concerned with the impact on kids in the neighborhood. J. Cox said the business would be operated all days except Sunday. J. Cox said the way the business operates is that the deliveries happen 2-3 times per day and it does not take long. J. Cox added that the vehicles do not stay on the site long-term, and J. Cox said he believes this is a passive use compared to other Light Industrial uses. J. Cox said the applicant plans to add an opaque fence and drainage. G. Procope asked whether the applicant is granting the City access to the site. J. Cox agreed. M. Briere said that he agrees there is no more passive use of the land in the Light Industrial zone. M. Briere said he is sensitive to the residents’ concerns but does not find the complaint analogous to the proposed conditions. M. Briere stated he believes a car storage area is beneficial to the neighborhood. M. Briere added that when the entrance is moved to Plain Street the overall impact will be even more minimal, and he believes the neighborhood can accommodate the business. M. Ashe stated that the concern is not with the business itself, but that the business can change without notice once allowed. M. Ashe said he is concerned with the property owner’s past unpermitted work at the location. M. Briere said this is a separate issue. M. Ashe stated that during the rezoning of the property the owner claimed the uses would be located near Plain Street and the owner should not be allowed to use Quebec Street to access the site. J. Cox said that he spoke with the property owner and would condition approval on all vehicles brought in are solely from auctions. M. Briere said he is in favor of the petition. D. McCarthy stated that the 84 x 35 area will have storage for vehicles, but the plain does not indicate how the trucks and trailers will be stored. D. McCarthy said that it does not appear that vehicles could fit and still have access to move things in and out. D. McCarthy stated he does not have a layout showing how this will work. M. Hamor said that the vehicles can press up against one another since they are only being stored, and stated there may be less than 14 vehicles on-site, that is only a maximum. D. McCarthy clarified that vehicles will only be stored on the pavement, M. Hamor agreed. D. McCarthy asked about the applicant’s email being from the Greener Group and the property owner not providing a landscaping plan that conforms with zoning. M. Hamor said the lack of a landscaping plan was unintentional and agreed to submit a compliant landscaping plan with DPD. M. Hamor said the property owner has planted many trees on the site and is agreeable to providing a zoning compliant landscaping plan. D. McCarthy stated that the access drive on Plain Street would be going across a steep grade, and added that it is unclear what the remainder of the site will be used for. M. Hamor said it is possible to grade off of Plain Street to create access to the site and stated that the access road would require Planning Board approval. D. McCarthy noted the access drive would require another approval and asked there were constraints. M. Hamor said they know they will have access to the site from Plain Street. D. McCarthy proposed adding a condition of a 6 month administrative review of the approval to review the concerns of neighbors, J. Cox agreed. D. McCarthy said he is glad the site has been improved. V. Pech said he shares the conerns of the abutter and noted that he lives in a mixed-use area near an active towing company. V. Pech said the project is palatable and there are other business which could be more intrusive. V. Pech expressed support for the proposed conditions and the 6 month administrative review. Motion: D. McCarthy motioned, and S. Callahan seconded the motion to approve the Special Permit with the following conditions: 1. The applicant shall agree that access to the site shall be off of 264 Plain Street once curbcut permit is issued; 2. The hours of operation shall be 6:30am-7:00pm; 3. The applicant shall install oil separators in the parking area; 4. The applicant shall construct a 6 foot opaque fence around parking area to reduce the visual impact on neighborhood; 5. The applicant shall provide access to the City to monitor for zoning compliance; 6. The applicant shall not park more than 14 vehicles on site unless the applicant obtains Site Plan Review approval from the Planning Board, and all vehicles shall be parked on paved surface only; 7. The applicant shall submit landscaping plan which meets the zoning requirements; and 8. The Special Permit is subject to a 6 month Administrative Review. The motion passed unanimously, 5-0. D. McCarthy motioned, and G. Procope seconded the motion to approve the Variance under Section 6.1 with the following conditions: 1. The applicant shall agree that access to the site shall be off of 264 Plain Street once curbcut permit is issued; 2. The hours of operation shall be 6:30am-7:00pm; 3. The applicant shall install oil separators in the parking area; 4. The applicant shall construct a 6 foot opaque fence around parking area to reduce the visual impact on neighborhood; 5. The applicant shall provide access to the City to monitor for zoning compliance; 6. The applicant shall not park more than 14 vehicles on site unless the applicant obtains Site Plan Review approval from the Planning Board, and all vehicles shall be parked on paved surface only; 7. The applicant shall submit landscaping plan which meets the zoning requirements; and 8. The Special Permit is subject to a 6 month Administrative Review. The motion passed unanimously, 5-0. III. Other Business Minutes for Approval: September 13, 2021 D. McCarthy motioned, and S. Callahan seconded the motion to approve the September 13, 2021 meeting minutes. The motion passed unanimously, 5-0. IV. Adjournment D. McCarthy motioned, and M. Briere seconded the motion to adjourn. The motion passed unanimously, 5-0. The time was 8:38pm.