Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes October 13, 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: Others Present: Francesca Cigliano, Interim Director of Development Services The following represents the actions taken by the Zoning Board of Appeals at the 9/26/2022 meeting. Chairman Pech called the meeting to order at 6:30 PM I. Continued Business ZBA-2022-43 Petition Type: Special Permit and Variance Applicant: Eighty Nine Fifth Ave LLC Property Located at: 114-122 Merrimack Street 01852 Applicable Zoning Bylaws: Article 12.1(d) and Section 6.1 Petition: Eighty Nine Fifth Ave LLC has applied to the Lowell Zoning Board of Appeals seeking Special Permit and Variance approval to convert the second floor commercial space at 114-122 Merrimack Street into two (2) residential units. The property is located in the Downtown Mixed Use (DMU) zoning district and requires a Special Permit pursuant to Section 12.1(d) for the use, Variance approval pursuant to Section 6.1 for parking, and for any other relief required under the Lowell Zoning Ordinance On Behalf: John Geary, Applicant’s Attorney Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy stated that he is in favor of the application. M. Briere said that he agrees with staff. Redevelops underutilized space. Fully occupied buildings in downtown are vital to the continued economic development of the area. G. Procope said that keeping the units affordable is imperative. S. Callahan emphasized the importance of meeting the building code but felt it was a good project that would help revitalize the area. V. Pech agreed with Board members that this would be a good reuse of the space. Motion: D. McCarthy motioned and M. Briere seconded the motion to approve the Special Permit. The motion passed unanimously, (5-0). D. McCarthy motioned and G. Procope seconded the motion to approve the Variances. The motion passed unanimously, (5-0). ZBA-2022-46 Petition Type: Variances Applicant: House of Hope, Inc. Property Located at: 35 Varnum Avenue 01854 Applicable Zoning Bylaws: Sections 5.1, 5.2.2, 5.3.1, and 6.1 Petition: House of Hope, Inc. has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct an 8-unit apartment building at 35 Varnum Avenue. The property is located in the Traditional Neighborhood Single Family (TSF) zoning district. The project requires Zoning Board approval of variances for minimum lot area per dwelling unit, minimum usable open space per dwelling unit, maximum stories, maximum height requirement, and maximum front yard setback under Section 5.1, minimum off street parking spaces under Section 6.1, the construction of more than one primary residential dwelling structure on a lot under Section 5.2.2, relief from the landscaped open space requirement under Section 5.3.1, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Joe Messina, House of Hope Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: D. McCarthy motioned to continue the petition to the October 24 ZBA meeting. The motion passed unanimously, (5-0). Petition Type: Special Permit Applicant: 168 Seafood Market Property Located at: 119 Chelmsford Street, 01851 Applicable Zoning Bylaws: Section 6.3 Petition: 168 Seafood Market has applied to the Lowell Zoning Board of Appeals seeking Special Permit approval to erect an internally illuminated sign at 119 Chelmsford Street. The property is located in the Neighborhood Business (NB) zoning district. The proposal requires Special Permit approval pursuant Section 6.3 of Lowell Zoning Ordinance, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Carlos, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere referred to DPD’s comment regarding City Council approval due to the overhang of the building. Carlos said the sign would be flat against the building. G. Procope said he is in favor. S. Callahan asked about the hours of operation. Carlos said they would close at 7 or 8pm. S. Callahan suggested incorporating the standard hours of illumination condition of approval. D. McCarthy said that he thought 6 inches of building projection was allowed over the City ROW. F. Cigliano said she would have staff double check. Motion: D. McCarthy motioned to approve the special permit with the following conditions:  1. Hours of illumination shall be one hour before sunrise to one hour after sunset or at business closing, whichever comes sooner; and 2. The applicant shall obtain City Council approval to erect a sign over the ROW if DPD determines that this is a requirement. The motion was seconded by G. Procope and passed unanimously, (5-0). II. New Business ZBA-2022-44 Petition Type: Variances Applicant: Igreja Assmembeia De Deus Vida, Inc Property Located at: 251 Mt Vernon Street 01854 Applicable Zoning Bylaws: Section 6.1 Petition: Igreja Assmembleia De Deus Vida, Inc. has applied to the Zoning Board of Appeals to use the existing building at 251 Mt. Vernon Street as a church. The subject property is located in the Urban Mixed Use (UMU) zoning district. The proposal requires Variance approval pursuant to Section 6.1 for relief from the minimum off-street parking requirement, relief from the minimum parking setback requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Cox, Applicant’s Attorney Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said he thinks this would be a great addition to the city. Building is in disrepair currently. S. Callahan said this would be a vast improvement to the city. There is plenty of parking over there. Doesn’t think there will be a major impact. D. McCarthy said he had been looking forward to speaking on this project for weeks. It’s a beautiful building. M. Briere said he agreed that the building had fallen into disrepair and that revitalization would be a significant improvement. V. Pech said he supports this application. He is sure that there will likely be a lot of people walking and carpooling. Motion: D. McCarthy motioned and G. Procope seconded the motion to approve the Variances. The motion passed unanimously, (5-0). ZBA-2022-45 Petition Type: Variances Property Located at: 1847 Middlesex Street 01851 Applicable Zoning Bylaws: Section 6.3.4 Petition: The Collegiate Charter School of Lowell has applied to the Zoning Board of Appeals for a sign to be located at 1847 Middlesex Street. The property is located in the Suburban Multi-Family zoning district and requires a Variance under Section 6.3.4 to install a sign in this zoning district and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Carl Nystrom, Collegiate Charter School of Lowell Speaking in Favor: Ward Billingsly, Village Condominiums W. Billingsly said that he ran this by the condo association and they don’t have a problem with it. Speaking in Opposition: None Discussion: S. Callahan said it’s about time they have signage out there. Sign itself looks fantastic. D. McCarthy asked for clarification on the dimensions of the sign. D. McCarthy suggested coordinating with DPD on the final sign location. M. Briere said no questions. G. Procope said this sign makes sense. Motion: D. McCarthy motioned to approve the special permit with the condition that DPD review the final location of the sign to be reviewed by the transportation engineer. The motion was seconded by S. Callahan and was approved unanimously, (5-0). ZBA-2022-48 Petition Type: Special Permit Property Located at: 346 Fletcher Street 01854 Applicable Zoning Bylaws: Section 12.1(b) Petition: Sim Chhuon has applied to the Zoning Board of Appeals to construct a duplex at 346 Fletcher Street. The property is located in the Urban Neighborhood Mixed Use (UMU) zoning district and requires a Special Permit under Section 12.1(b) to construct a duplex in this district and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Catherine Flood, 346 Fletcher Street Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said that he is thrilled that they are getting construction on this underutilized site with off- street parking and without overbuilding the site. Meets all criteria for setbacks and coverage. Beautiful structure, parking hidden from view and tucked in behind. So nice to see these projects come before us. Providing free street trees. M. Briere said he wishes they were all this easy. Will be a wonderful addition to the neighborhood. S. Callahan agrees with his fellow board members. V. Pech agrees with his colleagues. This is a great reuse of a vacant lot. Minimal relief is being requested. Will be a great addition. Very put together project done tastefully. G. Procope asked about stormwater. C. Flood said that the stormwater concerns would be addressed and suggested including a condition of approval. Motion: D. McCarthy motioned to approve the variances with the following condition: 1. The applicant shall obtain final approval from the LRWWU. The motion was seconded by M. Briere and passed unanimously, (5-0). III. Other Business Minutes for Approval: 9/26 meeting minutes  D. McCarthy motioned and G. Procope seconded the motion to approve the minutes. D. McCarthy thanked former member R. Njoroge for his diligent work on the Board and wished him the best of luck. IV. Adjournment D. McCarthy motioned and G. Procope seconded the motion to adjourn the meeting. The time was 7:50PM.