Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes October 24, 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, Member Hovey Members Absent: Others Present: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 10/24/2022 meeting. Chairman Pech called the meeting to order at 6:31 PM I. Continued Business 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: Deb Chausse, House of Hope’s (HOH) Executive Director spoke briefly on the application. She stressed that their real estate growth has been thoughtful. HOH has a 35-year history of service in Lowell and needs to develop this land to continue that service. She said she met with residents on October 11, and that neighborhood residents do not have any issues with HOH itself. D. Chausse said they agreed to continue to restrict access to Clinton, to move the dumpster, and to make landscaping changes. HOH has agreed to all the requested changes from the neighbors. D. Chausse said the majority of neighbors’ comments were directed at City wide issues, rather than HOH programs themselves. This project aligns with HOH’s mission and the City’s goals on housing. HOH have done an analysis and several homes in this neighborhood have multiple units, and that they will not be the tallest building in the neighborhood. They have received written and verbal support from Rep. Howard, LGH, and others. There are 500+ homeless families in this city. Student homelessness is a major issue in this City, and HOH is a major part of the team to fight it. HOH needs to use all its resources to help Lowell’s families. Cliff Boehmer, the lead architect for the project, Jacob Taylor, the lawyer for the project, and Jim Develis, the lead Engineer for the project, gave a brief presentation. This presentation focused on what relief they are seeking, the dimensions and floor plans of the building, and the stormwater aspects of the project. Speaking in Favor: Rachel Garneau, Board member for HOH, expressed her support for the project. Jeff Bush, President of Heritage Properties and Board member of HOH, spoke glowingly of HOH. He said HOH has a stellar reputation and always perform well. Cornelia Cogswell, 128 Lawrence Street, and Board Member of HOH attended and spoke strongly in support. Speaking in Opposition: Tracy Jenest, 20 Clinton Avenue, spoke in opposition. She says the number of Variances is a red flag. The HOH referenced multi-family homes that have been there for a long time as part of their neighborhood analysis. The neighborhood is concerned about stormwater drainage from the HOH site. There may be contaminants unearthed during the construction. There are also concerns about the fire vehicles accessing the back building. She said she loves the work of HOH but doesn’t think this site fits. Elizabeth Tighe of the Pawtucketville Citizens Council expressed opposition. She is concerned about the precedent it sets. Could developers also build 8-units somewhere else for a worse cause? Patricia Hanlon of 8 Clinton Avenue said there is plenty of noise from students, people coming to 7/11, etc. They are fine with HOH’s site as it currently is, just against the new units. Orvin Ramos, 14 Clinton Avenue, spoke in opposition. The roads are too small. He has concerns about illegal dumping at TD bank. He said the access for the fire trucks is way too small. He feels HOH is rushing and should expand at different sites. He feels HOH was dismissive during the meeting. Ms. Lecerte of 17 Clinton Avenue spoke representing her father. She was concerned about the scope of the proposal. Asking for several Variances means its not a fit. Noise from construction and increased traffic could effect neighbors. Project strays from intent of zoning for TSF district. The multi families are all extremely old, and are not a recent pattern of development. She supports other HOH projects but is asking the Board to vote against this specific proposal. Curtis Lemay of 40 Robert Street spoke in opposition. Too many variances is a red flag. He is not against HOH projects. He feels they did not work with abutters enough. Perhaps a continuance would be sufficient. Kathy Slater of 16 Genest Ave spoke in opposition. HOH doesnt want to listen to neighbors. Patrick, Ellis Avenue. He stressed there would be fire safety issues. R. Elliot, 15 Cresta Drive, spoke in opposition. He felt the meeting with HOH was a good exchange of ideas. The neighbors have made clear this isn’t a NIMBY issue. They all love the current HOH facility. They just don’t want the new one. The neighbors just want a smaller footprint Discussion: G. Procope says he is hearing the neighbors do not have concerns with HOH, only with the proposed building. He asked to confirm whether the gate to Clinton Street will be locked. J. Taylor said that in response to concerns from the neighbors, HOH was chosen to have a continued privacy fence. G. Procope expressed serious concerns about the stormwater, as it looks like it would run down to Clinton Street. J. Develis said they would evaluate the contours and where the water is going now. They would then curve the proposed design and add catch basins to make sure more water will not leave the site than what is happening today. The stormwater would be discharged underground. M. Briere said the question at hand is not whether the HOH is doing good deeds, but if density of the project and the relief requested make sense for the location. M. Briere is against. D. McCarthy says that the documents came in late and he is confused on what exactly is being asked. He feels the privacy is not adequately screened. The project has a lot of merit. It is 30% larger than the 9 residential units on Clinton Street. He wants to see a more thorough plan and for staff to have more time to review. He thinks a continuation is necessary. S. Callahan stressed that HOH provides incredible service throughout the City. The question now becomes “why now” and “why here”. He says the new plans are not adequate in determining the height and the stories. He feels like the project is being rushed. S. Callahan expressed concerns around Section 5.2.2. He does not think it will meet the intent of zoning. Applicant could ask the Council to re-zone. T. Hovey expressed support for HOH. He said the secondary dwelling is close to 3 times the size of the original dwelling on site. He asked if there would be HOH staff for security. D. Chausse said there is 24/7 staff for the shelter but not for the apartment building. V. Pech said HOH does great work and that the project has some merit. He wants to see the project go through, but doesn’t think it is there yet. It is not in the spirit of the neighborhood. He asked about a continuance.  J. Taylor requested to continue to 11/28. Motion: D. McCarthy motioned, with George Procope seconding, to continue the application to November 28. The vote was unanimous, (6-0). II. New Business ZBA-2022-49 Petition Type: Variances Applicant: Somony Chim Property Located at: 119 Forest Street 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Somony Chim has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct an addition to the existing single family home at 119 Forest Street. The subject property is located in the Traditional Single-Family (TSF) zoning district. The project requires Variance relief per Section 5.1 from the minimum front yard setback, and maximum floor area ratio (FAR) requirements, and any other relief required under the Lowell Zoning Ordinance. ZBA-2022-50 On Behalf: Somony Chim summarized the project. It is a small addition to his single family home for his kids. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said staff believes the relief requested is minimal. There is only a question around the driveway. He asked if all the vehicles will park on the property. S. Chim said yes. M. Briere expressed support. D. McCarthy said he doesn’t think the applicant could fit all the cars on the lot. The sunroom is too wide to accommodate a full parking space. He asked applicant if he’d be willing to shrink it. The applicant agreed. D. McCarthy wants a condition of a revised site plan showing parking spot dimensions and smaller sunroom. S. Callahan expressed support. T. Hovey expressed support. G. Procope expressed support. D. McCarthy motioned with condition the existing parking be expanded to no less than 18 feet deep and a revised site plan be provided to show that change. Seconded by SC. Unanimous Motion: D. McCarthy motioned, with S. Callahan seconding, to approve the request with the following condition. 1. The applicant shall submit a revised site plan showing the parking area to be no less than 18 feet deep. Petition Type: Variances Applicant: John Pratt Jr. Property Located At: 29 Ottawa Street 01850 Applicable Zoning Bylaws: Section 5.1 Petition: John Pratt Jr. has applied to the Lowell Zoning Board of Appeals for Variance approval in order to split the existing lot at 29 Ottawa Street into two (2) lots. The Proposed Lot 2 will contain the existing single-family home, and the applicant intends to construct a new single-family home on Proposed Lot 1. The subject property is located in the Traditional Single-Family (TSF) zoning district. Proposed Lot 2 requires Variance relief per Section 5.1 for relief from the minimum lot area, minimum lot area per dwelling unit, and minimum floor area ratio (FAR) requirements, and any other relief required under the Lowell Zoning Ordinance. Proposed Lot 1 does not require Variance relief. On Behalf: K. Flood represented the applicant as their attorney. She briefly summarized the proposal. Proposed Lot 2 matches or is larger than several lots in the neighborhood. She also brought ten signatures from City residents supporting the project. In Support None In Opposition None Discussion: D. McCarthy said he thinks it meets the criteria for a Variance. He wishes he had plans for the new structure to confirm it will meet all dimensional requirements. C. Flood said it will, but if it doesn’t (due to ConCom conditions), they will come back. C. Flood provided the board with the outline of the home they have for the Conservation Commission. S. Callahan has no concerns. T. Hovey expressed support. G. Procope had no issues. M. Briere expressed support. V. Pech agreed, and stated it was in line with the intent of zoning. Motion: D. McCarthy motioned, with G. Procope seconding, to approve the request. The vote was unanimous (6-0). ZBA-2022-51 Petition Type: Variance Applicant: Samuel Borba Property Located at: 85 Seneca Street 01852 Applicable Zoning Bylaws: Section 6.1.10 Petition: Samuel Borba has applied to the Lowell Zoning Board for Variance approval to cut the existing granite curb at 85 Seneca Street. The property is located in the Traditional Two Family (TTF) zoning district, and requires a Variance under Section 6.1.10 to exceed the maximum curbcut and any other relief required under the Lowell Zoning Ordinance. On Behalf: Johnny Da Silva, the applicant’s representative, summarized the project. There is not a lot of parking on the street. The curb cut is to allow extra spaces onto the property. In Support: None In Opposition: None Discussion: S. Callahan expressed confusion at what the plan is. He says there is already a driveway and a two door garage for parking. J. DaSilva said he uses the garage for storage. S. Callahan said the plan doesn’t look sufficient. T. Hovey had no comments. G. Procope said he cannot fully support this with the current information. M. Briere had no questions. D. McCarthy said the plan is insufficient. He thanked the applicant for coming before the Board, as many people make curb cuts without contacting the Board. He asked for a revised plan. V. Pech does not have major concerns. J. DaSilva said the driveway will be gravel and that there will be room for three cars.  Motion: D. McCarthy motioned, seconded by M. Briere, to approve the request with the following conditions: 1. The applicant shall provide up to two street trees. 2. The applicant shall use pervious material for the parking area. 3. The applicant shall provide updated site plans showing the limits of the gravel area. III. Other Business 545 Broadway Street – Variance Extension Aloisio Ramahlo has applied for an extension of Variances granted to his property on October 28, 2021. The project has been delayed due to the increased costs of material and labor. On Behalf: The applicant said they are asking for Variance hoping for prices to come down. Board Discussion: There were no questions from M. Briere, T. Hovey, G. Procope. D. McCarthy confirmed it is a one-time extension and only for six months. S. Callahan confirmed all the listed conditions had been met. Motion D. McCarthy motioned, seconded by G. Procope, to issue the Variance extension. The vote was unanimous (6-0). 459 Broadway Street – Minor Modification Farid Geha has applied for a Minor Modification to the Special Permit granted to 459 Broadway Street. The original Special Permit allowed four cars to be sold on the lot at any given time. The applicant is seeking to raise this amount. On Behalf: F. Geha spoke about this petition. Board Discussion: G. Procope asked why he is seeking a special permit. F. Geha said he had to close his other businesses onsite and now the only income is his car dealership. G. Procope asked how many cars could fit. P. Cutrumbes said they would need a site plan to calculate how many cars could fit. M. Briere said he wants to help in any way he can, but they will need the Site Plan. D. McCarthy said they should have street trees. F. Geha said that he would love that. D. McCarthy said he would like to see it continued. S. Callahan commended him on keeping his business going. He however, does not agree with his Board members that it is a minor modification. He suggested he apply for a whole new special permit. T. Hovey had no comments. V. Pech said the ask makes sense but that there should be an SP application. Motion: D. McCarthy motioned, with S. Callahan seconding, to continue the application to November 14. The vote was unanimous (6-0). Minor Modification: 74-76 Boisvert Street and 253 West Sixth Street 01850 Attorney John Geary, representing ZR Development Group, has requested a minor modification for their project at 74-76 Boisvert Street and 253 West Sixth Street. The applicant is requesting to remove five (5) parking spaces along Beaulieu Street that were in the original approved plans. The applicant has requested to withdraw without prejudice. D. McCarthy motioned to withdraw without prejudice, and M. Briere seconded. The vote was unanimous (6-0). Minutes for Approval: 10/13/2022 Meeting Minutes D. McCarthy requested to ad administrative reviews as standing items to the agenda. D. McCarthy motioned to approve the minutes and S. Callahan seconded the motion. The vote was unanimous (6-0). D. McCarthy motioned to adjourn, with S. Callahan seconding. The meeting was adjourned at 9:45 PM.