Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes July 25, 2022 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, Vice Chair Pech, Member Callahan, Member McCarthy, Member Briere, Member Procope, Member Njoroge Members Absent: None Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 7/25/2022 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. Chairman Perrin called the meeting to order at 6:30 PM I. Continued Business ZBA-2022-22 Petition Type: Variances Applicant: ZR Development Group LLC Property Located at: 72-74 Boisvert Street & 253 W Sixth Street 01854 Applicable Zoning Bylaws: Section 6.1; Section 5.1; Section 8.1.3(4) Petition: ZR Development Group has applied to the Zoning Board of Appeals for Variance approval to redevelop the existing St. Louis School building at 72-74 Boisvert Street and 253 W Sixth Street into nineteen (19) residences with twenty four (24) off-street parking spaces. The application requires Variance approval under Section 6.1 for relief from the off-street parking requirement, Section 5.1 for relief from the land area per dwelling unit requirement and usable open space requirement, under Section 8.1.3(4) for relief from the minimum square footage requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Attorney J. Geary stated a revised site plan, renderings, and floor plans were provided to address the off-street parking concerns. J. Geary said the proposal increased the parking spaces from 24 to 34 by reducing the size of parking spaces. J. Geary said the usable outdoor open space for tenants will remain. J. Geary said the applicant intends to use a material that is pervious for a portion of the parking area, and said the proposal now requires relief from only 5 parking spaces. Mark O’Hara, Applicant’s Engineer M. O’Hara said a grading plan was added since the sidewalk will be elevated. M. O’Hara added that there were minor changes to the recreation area and patio as well as the additional parking. M. O’Hara said 20% of the site is now pervious, and currently 100% of the site is pervious. M. O’Hara noted there are now 34 parking spaces, and added that the bike rack was relocated. Kerry Owens, Applicant’s Architectural Designer K. Owens said mail slots were added to the entrance area and parcel lockers were added as well. K. Owens said there will be an additional delivery locker room. K. Owens said there will be internal bike storage and a transportation hub with bus routes and maps. J. Geary said the proposal aligns with the City’s master plan by reusing the property for residential use. J. Geary said the plans were adopted with input from all neighborhoods including Centralville and this use was anticipated for this type of property. J. Geary said the use is the best use for the property and provides the City with the greatest amount of tax revenue and stabilizes the property for the future. J. Geary noted the challenges associated with the lot and said it qualifies for a Variance. Speaking in Favor: None Speaking in Opposition: Sandra McNamara, President of the Centralville Community Coalition S. McNamara said there wasn’t enough time for her neighborhood group to review the revised plans and said she would like the petition to be continued. G. Perrin said there was a public notice and materials were made available to the public. S. McNamara asked how people are expected to know if materials are revised. G. Perrin said residents should stay attuned via the City website, any additional notice is a courtesy to abutters adding it would be egregious for applicants to notify abutters after each revision. S. McNamara said she believes applicants are required to come to agreement with abutters. G. Perrin said the applicant presents their project before the Board for approval. S. McNamara said the project would have a negative impact on the quality of life in the neighborhood. S. McNamara noted the individuals who signed the petition and previously spoke at the hearing. S. McNamara expressed concerns about smaller parking spaces. S. McNamara said no one can supersede the state sanitary code regarding the size of units. S. McNamara said the units are too small to meet sanitary code. S. McNamara expressed concern about the price of units. Maureen Kelleher, 37 Unsworth Street M. Kelleher said she has lived in the neighborhood for many years in her family’s home and is opposed to the project. M. Kelleher said the developer does not own the building and said the purchase of the property is contingent on receiving Variance approval. M. Kelleher explained the purchase and sale agreement associated with the school, and said this was a red flag. M. Kelleher expressed concern about the project and concern that all older buildings would be developed in a similar manner. M. Kelleher said there is a zoning code in place that mandates requirements of each zoning district. M. Kelleher said micro-units are up to the City Council. M. Kelleher explained the Variances requested by the applicant. M. Kelleher reviewed the applicant’s narrative. M. Kelleher said smaller units don’t fly in Centralville because there are single-family homes. Dennis Degan, 51 Homestead Road D. Degan said 19 units seems excessive. Discussion: G. Procope recused himself from the petition due to his role in the neighborhood as President of the Centralville Neighborhood Action Group. V. Pech thanked the applicant for increasing the off-street parking. V. Pech asked how the applicant would manage sanitary issues. J. Geary said trash and recycling pick up will be privatized. V. Pech asked about the number of units proposed and whether the applicant can reduce the number of units. J. Geary said the applicant cannot and the applicant is seeking approval per Section 8.1. J. Geary added that 6 units is not feasible and noted any type of development would require Variances. J. Geary said the development is a long-term goal for the City. V. Pech asked if the applicant was open to a continuance. J. Geary said no as the project has been well vetted and has complied with all open meeting law requirements. V. Pech agreed the applicant has compromised with the neighborhood and agrees the project aligns with the master plan and expressed support. S. Callahan asked J. Geary to speak to the applicant’s hardship. J. Geary said the property is unique as it is a school in the middle of a neighborhood and noted many schools closing, and the unique shape of the lot. J. Geary said Section 8.1 was introduced to repurpose these types of buildings. S. Callahan agreed there is a special hardship. S. Callahan said the Zoning Code sets out parameters and the Zoning Board of Appeals can grant Variances and Special Permits to grant relief from these requirements. S. Callahan noted the importance of this role and that this is its primary purpose. S. Callahan explained the Variance criteria and noted this was addressed by the applicant. S. Callahan said he believes the intent of zoning was satisfied. S. Callahan added he was supportive of including some usable open space. S. Callahan said he understands the concerns of the neighborhood, but noted the proposal fits in the neighborhood and would be beneficial for the neighborhood. S. Callahan noted that otherwise it would be a deteriorating vacant building and who knows what else may be done with the building in the future. D. McCarthy asked about the new parking plan and expressed support for utilizing a pervious surface for a portion of the parking area. D. McCarthy asked about the dimensions of the parking spaces on Beaulieu Street, J. Geary said they will be 9ft by 18ft. D. McCarthy said the landscaping as no listed and said he is supportive of a condition that shade trees provide at least a 20ft canopy at their mature growth. D. McCarthy noted the importance of shade trees to reduce urban heat island effect. D. McCarthy expressed support for the parking layout. D. McCarthy noted the importance repurposing the building and adding housing to the City. J. Geary agreed to the proposed condition and agreed to work with DPD staff on the landscaping plan. D. McCarthy added this should be a condition as well. D. McCarthy said the proposal goes a long way to mitigate parking concerns. D. McCarthy noted the size of the units will likely lead to demand less than 2 parking spaces per unit. M. Briere said he wanted to see more concessions made to the neighborhood. M. Briere said his parking concerns were addressed, but said he would have liked to see the total number of units reduced. M. Briere said the repurpose of the building is important, but said he would not support the proposal. M. Briere said the Archdiocese’s asking price for the property caused the need for 19 units. M. Briere said he is in opposition. R. Njoroge said the proposal is a good repurpose of the building. R. Njoroge asked about the landscaped open space and stormwater. J. Geary said this was included in the landscaping plan. R. Njoroge said this should be conditioned in the approval. J. Geary said this can be addressed by working with staff and agreed to the condition. G. Perrin said the property is unique and there are circumstances that produce challenges for the developer. G. Perrin noted the City has gone through this in the past and been successful. G. Perrin said the property being repurposed for housing is good. G. Perring said most developers applying for Board approvals have purchase and sale agreements conditional on Board approval and said this is typical. G. Perrin noted S. Callahan’s comments in regards to the role of the Zoning Board. G. Perrin noted they have lived in the City with vacant buildings and have seen the demise of properties in town. G. Perrin noted that when active the school was extremely busy. G. Perrin said there is a changing demand for housing among younger people noting differences in car usage. G. Perrin noted that minimizing the size of units meets the current needs of the City and it has been successful in other Cities. G. Perrin said projects like this are important for the City to grow, and there is a fear of the unknown but this is an important change, adding that change moves the City forward. G. Perrin noted the empty parking spots in other developments in the City. G. Perrin said he believes the applicant has compromised with the neighborhood and met the Variance criteria. G. Perrin expressed support for the petition. S. Callahan said the updated floor plans include a new bike rack location, J. Geary confirmed this. S. Callahan noted the additional bike racks indoors, J. Geary confirmed. J. Geary pointed out the new mail and package delivery area. S. Callahan said the conditions were that shade trees have a minimum of a 20 foot canopy at mature growth, the screening and parking landscaped open space requirements be met by working with DPD, and the landscaping plan be approved DPD. Motion: S. Callahan motioned to approve the Variances with the following conditions:  1. The applicant shall plant shade trees which provide a minimum of a 20 foot canopy at mature growth; 2. The applicant shall work with DPD to meet the parking area screening requirements and the parking area landscaping requirements; and 3. The applicant shall work with DPD staff to finalize a landscaping plan. V. Pech seconded the motion. The motion passed (4-1), with M. Briere voting in opposition. II. New Business ZBA-2022-32 Petition Type: Special Permit Applicant: PRIDEStar Student Transportation, Inc. Property Located at: 1703 Middlesex Street, 01851 Applicable Zoning Bylaws: Article 12.6 (g) Petition: PRIDEStar Transportation, Inc. has applied to the Lowell Zoning Board of Appeals seeking Special Permit approval at 1703 Middlesex Street. The applicant is seeking to legalize the storage of PRIDEStar’s buses which have been stored in the parking lot since 2018. The subject property is located in the Suburban Mixed-Use (SMU) zoning district and requires Special Permit approval pursuant Article 12.6 (g) for parking lots other than those provided as an accessory use to the principal use conducted on the lot, and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Cox, Applicant’s Representative J. Cox said the applicant injured himself and was unable to be in attendance. J. Cox said PRIDEStar has a City contract to transport students with special needs and they have over 100 buses. J. Cox noted this has been done since 2018 and it recently came to their attention it required a Special Permit. J. Cox said the lease has been extended 2025 and the use is a passive use that will keep an existing business in Lowell. J. Cox said the proposal will enhance public services as they play a role for the special needs students in the City. Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said the proposal makes sense and he has no issue with the proposal. S. Callahan expressed support. M. Briere said he is in support of the proposal. D. McCarthy noted the location is a good one for the use, and expressed support. G. Procope agreed and said the impact is minimal. G. Procope noted this was to correct a prior error. R. Njoroge said he has no issues with the application. G. Perrin said the continued success of PRIDEStar shows the company’s character. G. Perrin noted this was a clear oversight and expressed support. Motion: S. Callahan motioned, and G. Procope seconded the motion to approve the Special Permit. The motion passed unanimously, (5-0). ZBA-2022-33 Petition Type: Special Permit Applicant: Northeast Health Services, LLC Property Located at: 59 Lowes Way, Suite 401 01851 Applicable Zoning Bylaws: Article 12.8 (c) Petition: Northeast Health Services, LLC has applied to the Lowell Zoning Board of Appeals seeking Special Permit approval at 59 Lowes Way. The applicant is seeking to convert a Suite at the existing office building to a medical facility. The property is located in the High Rise Commercial (HRC) zoning district and requires Special Permit approval for the proposed use under Article 12.8 (c), and any other relief required under the Lowell Zoning Ordinance. On Behalf: Christopher Agostino, Applicant’s Representative C. Agostino said he is representing the applicant, Julie Perlman. C. Agostino said the Special Permit is for a medical or clinic use at the property. C. Agostino said they do business as Transition Care Network which provides outpatient mental health care services such as psychiatric care. The site provides care to those struggling with depression, anxiety, etc. C. Agostino said the business is expanding and the site fits their needs. C. Agostino noted the properties convenient location, and said the use is also regulated by the state’s Department of Public Health. C. Agostino noted there is plenty of parking and added the planning staff said parking was adequate and expressed support. C. Agostino said there is a dental office which is a similar use in the same building. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said he is happy to support the growth of mental health services in the City. D. McCarthy expressed support, and noted the location is suitable to the use with more than enough parking. D. McCarthy noted the need for mental health services in the City. M. Briere said he is supportive of the use and noted mental health services are desperately needed. R. Njoroge asked which floor the use would be on. C. Agostino said the 4th floor. R. Njoroge expressed support and said it fits within the zone. G. Procope expressed support noting it is a needed service. V. Pech said he is supportive and it is a great reuse for the office suite. S. Callahan agreed and expressed support. G. Perrin thanked the representative for their analysis of the conversion, and note the need for the services in the City. G. Perrin expressed support. Motion: S. Callahan motioned, and G. Procope seconded the motion to approve the Special Permit. The motion passed unanimously, (5-0). ZBA-2022-34 Petition Type: Special Permit Applicant: Leticia Santos Property Located at: 1527 Middlesex Street, Unit 4, 01851 Applicable Zoning Bylaws: Article 12.4 (l) Petition: Leticia Santos has applied to the Lowell Zoning Board of Appeals seeking Special Permit approval at 1527 Middlesex Street. The applicant is seeking to do body work at Heaven’s Beauty Salon. The property is located in the Regional Retail (RR) zoning district, and requires a Special Permit pursuant Article 12.4 (l), and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: S. Callahan motioned, and D. McCarthy seconded the motion to continue the petition to the September 12, 2022 Zoning Board of Appeals meeting. The motion passed unanimously, (5-0). III. Other Business Minutes for Approval: 6/27 Meeting Minutes S. Callahan motioned, and M. Briere seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). D. McCarthy updated the Board on a Sustainability Council presentation before the City Council regarding urban heat island effect. D. McCarthy said the focus was on trying the minimize the effect which is caused by heat sinks such as pavement and dark roofs which cause temperatures to increase in parts of the City. D. McCarthy said more trees and other efforts can be done to mitigate the effects, and noted the Board’s efforts to address this. G. Perrin noted the negative impact of excessive paving in the City and said having D. McCarthy represent the Zoning Board bodes well for the Board and the City. IV. Adjournment S. Callahan motioned, and V. Pech seconded the motion to adjourn. The motion passed unanimously, (5- 0). The time was 8:11pm.