Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes August 8, 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 Members Absent: Member Njoroge Others Present: Serena Gonzalez, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 8/8/2022 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-2022-24 Petition Type: Variance Applicant: JAF 27, LLC Property Located at: 175 Dalton Street 01850 Applicable Zoning Bylaws: Section 5.1 Petition: JAF 27, LLC has applied to the Lowell Zoning Board of Appeals seeking approval to construct a new attached unit to an existing single-family home at 175 Dalton Street. The subject property is located in the Traditional Two-Family (TTF) zoning district and requires Variance approval pursuant to Section 5.1 for relief from the front yard setback requirement and minimum side yard setback requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Ken Lania In Favor: Dana Rogers 15 Gaston Terrance D Rogers met with K Lania and said he likes how they changed things around In Opposition: None Discussion: S Callahan wondering how the public will be notified about the changed plans. K Lania said they have to go to the Planning Board so they will be re-notified. D McCarthy worried that they submitted the new materials too late. D McCarthy suggests it is continued. M Briere agrees with D McCarthy and thinks the application should be continued. G Procope would like to do his due diligence and would like the application to be continued. K Lania agreed to a continuance to the Sept. 12 meeting. Motion: S Callahan motioned to the September 12, 2022 meeting, seconded by G Procope. (Approved 5-0) ZBA-2022-29 Petition Type: Variance Applicant: Regina Medeiros Property Located at: 33 Ludlam Street 01850 Applicable Zoning Bylaws: Section 5.1 and Section 4.3.5 Petition: Regina Medeiros has applied to the Lowell Zoning Board of appeals seeking retroactive Variance approval for a pool and covered patio at 33 Ludlam Street. The property is located in the Traditional Single-Family (TSF) zoning district and requires Variance approval per Section 5.1 for relief from the minimum side yard setback and minimum floor area ratio (FAR) requirements, per Section 4.3.5 for relief from the accessory structure setback requirements, and any other relief required under the Lowell Zoning Ordinance On behalf: Regina Medeiros – Applicant (on zoom, but there were technical difficulties and we were unable to hear her) In favor: None In Opposition: None Discussion: None Motion: S Callahan motioned to continue to September 12, seconded by V Pech. Passed unanimously (5-0). II. New Business ZBA-2022-36 Petition Type: Variance Applicant: Cellco Partnerships Property Located at: 198 Riverside Street 01854 Applicable Zoning Bylaws: Section 7.6 Petition: Cellco Partnership has applied has applied to the Zoning Board of Appeals to install a three- sector wireless communication facility on the rooftop of the existing building at 198 Riverside Street. The application does NOT include a new tower. The subject property is located in the Institutional (INST) zoning district, and requires Special Permit approval pursuant Section 7.6 of the Lowell Zoning Ordinance, and any other relief required under the Lowell Zoning Ordinance. On behalf: Tom Hildreth - Attorney In favor: None In Opposition: None Discussion: V Pech said that it is very straight forward and can only help to improve the City. S Callahan said it is straight forward and will be a benefit to the community and fits in with the Master Plan. D McCarthy is looking forward to improvements in infrastructure. Motion: S Callahan motioned to approve the special permit, seconded by V Pech. Approved unanimously 5-0 ZBA-2022-39 Petition Type: Variance Applicant: Reshape McIntyre LLC Property Located at: 14 McIntire Street 01851 Applicable Zoning Bylaws: Section 5.3 Petition: Reshape McIntyre LLC has applied to the Zoning Board of Appeals to redevelop the existing structure at 14 McIntire Street into thirteen (13) residences and one (1) approximately 550 sq. ft. commercial space. The project will require Variance approval for relief under Section 5.1 for relief from the minimum lot area per dwelling unit, minimum Floor Area Ratio (FAR), minimum side yard, minimum rear yard, usable open space, and maximum height requirements, as well as under Section 5.3 for open space requirements and for any other relief required under the Lowell Zoning Ordinance. On behalf: Leo Monteiro - Applicant John Geary – Applicant’s Attorney Matt Hammar – Engineer In favor: None In Opposition: Kevin Dak - 11 McIntyre St Resident is concerned because parking is limited and there isn’t enough space for 13 more units. The street is tight so trash and snow removal is difficult. Construction vehicles blocking driveways. He is worried about the kids walking up and down the street especially because of the Boys & Girls Club. He is concerned about not having privacy and the sun being blocked by the height of the building. Vina Dak – 11 McIntyre St Vina is concerned about the limited amount of space. There is a lot of hassle for the residents. When the townhomes were built the construction trucks and equipment was all over the street. It was difficult to get her kids to school. The hill is difficult to get up and down during the winter. If they build 13 apartments there will be nowhere to park and nowhere for the kids to play Vanessa Dak – 11 McIntyre St She is concerned about construction because the vehicles block the driveway and she can’t get to school on time. The noise interrupts her studying. There is less privacy because people on the upper floors will be able to see into the windows of her house. Letter from the residents of McIntyre: Parking is limited, traffic is increased, trash removal will be difficult, and concerned about snow removal. Worried about the increase in height of the building - natural sun and loss of privacy. Discussion: V Pech thinks it is a good idea to rehab and reuse a building in a productive way. Housing is a big need in the City. This is a good reuse of the site. Biggest concern is parking and number of units. J Geary said that the parking for the condos is separate from the new development. There are 13 parking spots on site, one for every unit and there should be spaces at the Gallagher Terminal. J Geary said that the number of units is an economics things. Needed in order to make the project feasible. Assured the Board that L Monteiro will be accommodating to the neighbors and that the building will not block any sun. J Geary said L Monteiro will be on site so parking and snow removal will be directly overseen. V Pech said that L Monteiro has been a great contributor to the community. He asked if neighbors have concerns could they reach out. L Monteiro said absolutely. He reassured that if he can control different construction factors he will in order to be considerate to the neighbors. L Monteiro said that he has a sizeable lot to store the snow. V Pech believes that L Monteiro always keeps the neighbors and community in mind when he does projects. V Pech supports it as long as L Monteiro works with the neighbors. D McCarthy asked about the grading on the garage door. M Hammar said that the architecturals aren’t exact. D McCarthy doesn’t understand how the garage will be flat if the driveway isn’t flat. D McCarthy suggested recessing the door. M Hammar said they can explore doing that. D McCarthy expressed his concern about snow removal. L Monteiro said that they will be removing the snow offsite. D McCarthy said that he thinks L Monteiro does phenomenal work in the City. D McCarthy asked about drainage and M Hammar said that they are working with the Stormwater team. M Hammar explained the drainage system. D MCCarthy asked if they are going to install solar panels. L Monteiro said they are fitting the roof, but it is still a bit above the scope of the project. D McCarthy suggests coordinating with DCR to provide 4 or 5 trees on Marshall St, said it should be a condition. M Briere assured residents that L Monteiro has a good reputation and that the onsite management is a huge plus for the neighborhood. G Procope suggests that they work with LRTA to get a letter of commitment from them for parking spaces because it will help to lessen the volume of traffic on the street. S Callahan asked how spaces will be assigned. There will be one for each unit. S Callahan asked about handicapped parking. L Monteiro said he will check on it, but it might not be required. S Callahan is concerned about the size of the units. L Monteiro said there is a need for the smaller units because people cannot afford the larger units. Motion: S Callahan motioned to approve with conditions that DCR plants trees on Marshall St and the applicant maintains them, that there is a 2 ft recess on garage, and that there be a 6 month administrative review post occupancy, seconded by D McCarthy. Approved unanimously 5-0 ZBA-2022-40 Petition Type: Variance Applicant: National Grid Property Located at: 83 Boulevard St 01851 Applicable Zoning Bylaws: Section 5.1 Petition: National Grid has applied to the Lowell Zoning Board of Appeals to construct a substation at 83 Boulevard Street. The property is located in the Suburban Single Family (SSF) zoning district, and requires one variance for rear yard setback under Section 5.1, and any other relief required under the Lowell Zoning Ordinance. On behalf: Joshua Lee Smith – Outside Counsel for Mass Electric Company In favor: None In Opposition: None Discussion: V Pech said it will be an improvement to the City and that he doesn’t have any concerns. D McCarthy said that the relief is minimal. He asked if there are any changes from the original application 3 years ago. J Lee Smith said that there is no change to equipment. Motion: S Callahan motioned to approve, seconded by D McCarthy. Approved unanimously 5-0 III. Other Business Minor Modification: 45 Katherine Drive 01854: Niranjan Bhagat has requested a minor modification for his project at 45 Katherine Drive. The proposed dimensions of the front porch are greater than originally planned. On behalf: Niranjan Bhagat – Applicant In favor: None In Opposition: None Discussion: V Pech said very little relief is requested and he has no objections. D McCarthy said he is in favor of front porches and it will be a good addition to the neighborhood. Motion: S Callahan motioned to approve, seconded by D McCarthy. Approved unanimously 5-0 Minutes for Approval: 7/25 Meeting Minutes S. Callahan motioned, and D McCarthy seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). IV. Adjournment S. Callahan motioned, and V. Pech seconded the motion to adjourn. The motion passed unanimously, (5- 0). The time was 8:47pm.