Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes January 10, 2022 at 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 Others Present: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 1/10/2022 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. Vice-Chairman Pech called the meeting to order at 6:32. I. Continued Business II. New Business ZBA-2021-59 Petition Type: Variances Applicant: David Furtado Property Located at: 541 Concord Street 01852 Applicable Zoning Bylaws: Section 4.3 Petition: Mr. David Furtado has applied to the Zoning Board of Appeals to construct a shed at 541 Concord Street. The property is located in the Traditional Two Family zoning district, and requires two (2) variances for rear yard and side yard setbacks under Section 4.3.5 and any other relief required under the Lowell Zoning Ordinance. On Behalf: David Furtado, applicant. D. Furtado summarized that he had constructed the shed to store his motorcycles and various tools. He did not realize it violated zoning, and asked the Board to grant a variance so he is no longer in violation. Speaking in Favor: Minerva Gerado, of 574 Concord Street, and Maureen Eagen, of 559 Concord Street, spoke in support of D. Furtado. Both stressed that he is a great neighbor and takes meticulous care of his property. Speaking in Opposition: None Discussion: Each member looked upon the application favorably, all citing how well the property is maintained. D. McCarthy specifically noted that there is not much room to meet the accessory unit setbacks on the lot, and therefore a variance would be warranted. V. Pech stressed that it is minimal relief being granted. Motion: D. McCarthy motioned to grant the variance, which was seconded by M. Briere. The motion passed unanimously (5-0). ZBA-2021-62 Petition Type: Variance Applicant: Lowell Housing Authority Property Located at: 179 Gorham Street 01852 Applicable Zoning Bylaws: Section 6.3 Petition: The Lowell Housing Authority has applied to the Zoning Board of Appeals to erect four (4) freestanding signs in the Traditional Multifamily (TMF) zoning district. The signs require Variance approval under Section 6.3 and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Laura Watts of the LHA summarized the project. She explained how the LHA is rebranding some of their properties, in order to better integrate them into the neighborhoods they are located and the City as a whole. The development at 179 Gorham Street is now going to be known as South Common Village. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope expressed his support, especially for the name change. He feels it will make residents of the development feel less isolated from the City. S. Callahan expressed support as well, and praised  the LHA. D. McCarthy said he was enthusiastic about the LHA’s overall rebranding, and as such supported the variance. V. Pech echoed the comments from his colleagues. Motion: D. McCarthy motioned to grant the variance, and was seconded by S. Callahan. The motion passed unanimously (4-0-1, with M. Briere abstaining). III. Other Business Discussion: Maximum agenda items per meeting M. Briere argued in favor, as he feels it would make the process less burdensome for petitioners. Currently, some petitioners have to wait through multiple hours of meetings for what may be a brief hearing. G. Procope expressed similar sentiments. S. Callahan agreed it should be discussed but wanted to wait until more Board members are present. D. McCarthy asked if it could be done as an amendment to the ZBA Rules and Regulations in the Zoning Ordinance, which cannot be voted on until it is discussed at a second hearing. V. Pech expressed positive sentiments but agreed that the full conversation should include all Board members. D. McCarthy asked for a more specific description of what the discussion would be on the next agenda, to clarify for the public. Minutes for Approval: 12/13/2021 S. Callahan asked if the minutes could be amended to reflect that the applicant for 242 Lakeview Avenue was not in attendance at the December 13, 2021 meeting. A motion was made by D. McCarthy to approve the minutes with the aforementioned amendment. The motion was seconded by S. Callahan. The minutes were approved unanimously (5-0). D. McCarthy motioned to adjourn, and was seconded by G. Procope. The meeting was adjourned at 7:22 PM.