Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes March 27, 2023 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: Vice Chair Callahan, Member McCarthy, Member Briere, Member Procope, Member Hovey Members Absent: Chairman Pech Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 3/27/2023 meeting. This meeting was held in the City Council chambers. Attendees had the ability to participate via Zoom as permitted by Chapter 107 of the Acts of 2022, signed into law on July 16, 2022. Vice Chair Callahan called the meeting to order at 6:30 PM I. Continued Business ZBA-2023-4 Petition Type: Variances Applicant: Plymouth Street House Corporation Property Located at: 30 Plymouth Street, 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Plymouth Street House Corporation has applied to the Zoning Board of Appeals to demolish the single-family residence and construct a new two-family residence at 30 Plymouth Street. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The project requires Variance approval per Section 5.1 for relief from the minimum lot area per dwelling unit requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Representative J. Geary said the applicant is seeking Variance relief for a two-family in the TMF zone, and explained the existing conditions of the property. J. Geary said an abutter had concerns about grading on the site, and the application was continued so the concerns could be addressed. J. Geary explained the proposal. J. Geary said the applicant is slightly short of the square footage required under the LA/DU. J. Geary said the applicant will assign parking spaces to each unit. J. Geary said the applicant’s engineer is working with the City stormwater team and are amenable to conditioning approval on obtaining a stormwater permit from LRWWU. J. Geary said a walkway was added leading to the second unit. J. Geary said the relief requested can be granted without detriment to the public good, and will help the City by increasing the housing stock and add tax revenue to the City benefiting the public. J. Geary said the proposal does not derogate from zoning. Mark O’Hara, Applicant’s Engineer M. O’Hara said the proposal reduces the total impervious area on the lot and they intend to meet the stormwater requirement. M. O’Hara said they met with the abutter on site to address their concern with grading, and said they will bring the grade of the site down. M. O’Hara explained the plans. Speaking in Favor: David Delorey, PO Box 126, Francestown, NH D. Delorey said he is the President of the fraternity which shares a property line with the property. D. Delorey said they had concerns, but the applicant addressed all concerns and they are supportive of the project as proposed. Speaking in Opposition: None Discussion: T. Hovey said he visited the site and asked what the current use is. J. Geary said it is a single-family home. T. Hovey said there appears to be many cars parked there as a single-family. T. Hovey asked if there is a plan to address parking. J. Geary said they meet the off-street parking requirement, and there is available on-street parking. J. Geary said some occupants can park on-street or around campus. T. Hovey asked if the applicant is considering getting a residential only parking permit for the street. T. Hovey said parking is his only concern. J. Geary said if the applicant has the ability to request and on-street parking permit they will. J. Geary said the benefits outweigh any disadvantages. M. Briere said his concerns were addressed and he look favorably on the petition. D. McCarthy asked about the stormwater approval. M. O’Hara said they met with the stormwater team the previous week and said they are reducing the impervious surface and will meet the stormwater requirements, M. O’Hara added they would be willing to go beyond the required stormwater requirements and are amenable to a condition of approval. D. McCarthy said the driveway runoff due to its elevation. M. O’Hara confirmed this since the driveway is the lowest elevation on the site. M O’Hara noted there is a reduction in total impervious area. D. McCarthy noted the length of the driveway was reduced to incorporate more green space. M. O’Hara confirmed and said all roof  runoff will be recharged on site. D. McCarthy said the applicant is providing 4 shade trees. J. Geary confirmed this. D. McCarthy expressed support and said the relief requested is minimal. G. Procope expressed support for the revised landscaping plan and said the applicant meets the criteria for a Variance. G. Procope expressed support for the proposal and noted the abutter is supportive. S. Callahan expressed support for the project. S. Callahan said the relief requested is minimal and expressed support and noted the applicant is not requesting a parking Variance. S. Callahan asked if the applicant is amenable to conditioning approval on stormwater approval, J. Geary agreed. Motion: D. McCarthy motioned to approve the application with the following Condition: 1. The applicant shall obtain stormwater approval from LRWWU. M. Briere seconded the motion. The motion passed unanimously, (5-0). II. New Business III. Other Business Minutes for Approval: D. McCarthy motioned, and T. Hovey seconded the motion to approve the March 13, 2023 meeting minutes. The motion passed unanimously, (5-0). D. McCarthy motioned and G. Procope seconded the motion to adjourn the meeting at 6:57pm.