Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes November 14, 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: Chairman Pech. Vice Chair 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. 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 Pech called the meeting to order at 6:30 PM I. Continued Business II. New Business ZBA-2022-53 Petition Type: Variance Applicant: Louis Gagnon Property Located at: 776 Lakeview Avenue 01850 Applicable Zoning Bylaws: Section 5.1 Petition: Louis Gagnon has applied to the Lowell Zoning Board of Appeals seeking Variance approval to convert the first floor of the existing building into three (3) residential units and two (2) commercial units. The subject property is located in the Neighborhood Business (NB) zoning district. The applicant previously received Planning Board and Zoning Board of Appeals approval to convert the second and third floors into ten (10) residential units. The project requires a Variance to exceed the maximum Floor-Area-Ratio, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Peter Marlowe, architect for the project, spoke on behalf. The project previously received approvals to convert the second and third floors into ten (10) residential units. The first floor was originally slated to remain AG Hardware. The new plans are to convert the first floor into two commercial units and three residential units. The process was delayed due to COVID. The applicant was instructed to reach 5% landscaped area for the parking area, and has created a new landscaping plan. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope asked if there was a landscaping plan. P. Marlowe said what he has provided is just a template, but not a full plan. He is willing to work with DPD on the landscaping plan. G. Procope asked if he would be amenable to including this as a condition. P. Marlowe said yes. G. Procope asked about handicap parking spaces. P. Marlowe said there is enough for the storefronts and the apartments. G. Procope said he believed this project would be good for the neighborhood. M. Briere expressed support of the plan. He was very happy the units will be handicap accessible. D. McCarthy believes the changes to the plan are worthwhile. He noted the plans have a rear unit labeled for retail. P. Marlowe this will be the applicant’s property management office. D. McCarthy requested for amended plans to be submitted reflecting this fact. He asked if the trees that are planted on the landscaped plans are shade trees or ornamental trees. D. McCarthy stressed that the City needs more shade trees in order to combat the urban heat island effect. P. Marlowe said he is amenable to that. S. Callahan expressed support. He asked if there will be handicapped parking signage. P. Marlowe said yes. T. Hovey echoed his colleagues’ comments. V. Pech expressed support. Motion: D. McCarthy motioned, with G. Procope seconding, to approve the Variance request with the following conditions 1. The applicant shall work with DPD to create a landscaping plan that adequately screens the parking area from the adjacent park and provides shade trees. 2. The applicant shall submit updated plans to reflect the change of use in the rear unit. The vote was unanimous (6-0). ZBA-2022-54 Petition Type: Variances Applicant: Remendy Khiem Property Located At: 171 Upham Street 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Remendy Khiem has applied to the Lowell Zoning Board of Appeals for Variance approval to construct an addition and a new deck at 171 Upham Street. The property is located in the Traditional Single Family zoning district, and requires Variances under Section 5.1 for maximum Floor-Area- Ratio and minimum rear yard setback, and any other relief required under the Lowell Zoning Ordinance.  On Behalf: Remendy Khiem, resident and applicant, spoke. He briefly summarized the proposed addition. He noted that the proposed condition is to provide his mother a bedroom on the first floor. In Support None In Opposition None Discussion: M. Briere noted that the requested relief is minimal and he supports the petition. D. McCarthy said the application only needs a Variance for minimum rear yard setback. S. Callahan expressed support. T. Hovey agreed. G. Procope expressed support, as did V. Pech. Motion: D. McCarthy motioned, with G. Procope seconding, to approve the Variance request. The vote was unanimous (6-0). III. Other Business 2023 Zoning Board of Appeals Schedule D. McCarthy motioned, with S. Callahan seconding the motion, to approve the 2023 ZBA schedule. The vote was unanimous (6-0). Minor Modification: 642 Gorham Street 01852 Steven Crowley has applied for a Minor Modification to his approval from September 12, 2022 for 642 Gorham Street. The project was approved for a 3-bedroom unit, but the applicant is seeking to create a fourth bedroom. P. Cutrumbes explained that the City’s law department has determined minor modifications can only be used in the cases of clerical errors. The applicant’s representative, Norberto Leon, asked to withdraw. V. Pech agreed. D. McCarthy motioned to withdraw without prejudice and G. Procope seconded. 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. D. McCarthy motioned to withdraw the application without prejudice and was seconded by S. Callahan. The vote was unanimous (6-0). Minutes for Approval: 10/24/2022 Meeting Minutes D. McCarthy motioned to accept the minutes, and M. Briere seconded. The vote was unanimous (6-0). D. McCarthy motioned to adjourn and was seconded by S. Callahan. The meeting adjourned at 7:30 PM.