Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes November 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: Chairman Pech, Vice Chair Callahan, Member McCarthy Member Briere, Member Hovey, Member Nickerson Members Absent: Member Procope Others Present: Francesca Cigliano, Senior Planner The following represents the actions taken by the Zoning Board of Appeals at the 11/27/2023 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. Chairmain Pech called the meeting to order at 6:30 PM I. Continued Business ZBA-2023- 29 Petition Type: Variances Applicant: Gladys Cruz Property Located at: 730-732 Lawrence Street, 01852 Applicable Zoning Bylaws: Section 5.1; Section 6.1 Petition: Gladys Cruz has applied to the Lowell Zoning Board of Appeals seeking Variance approval to convert the existing structure at 730-732 Lawrence Street from a two-family to a three-family. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum lot area per dwelling unit, and minimum usable open space per dwelling unit requirements, per Section 6.1 for relief from the minimum off-street parking requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Hooshi Afshar, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion:  T. Hovey said the concept of the project is a good idea. Concerns are in the Back Central neighborhood - 4500 sq. ft. of relief of lot area. Lot is 3000 sq ft. Looking for more relief than the size of the lot. Parking is a real issue. M. Briere expressed similar concerns to T. Hovey. D. McCarthy thanked the applicant for noting what relief was being sought. D. McCarthy said comments from building commissioner are telling about the problems we have in the city. This space was likely occupied in the past. Could be occupied in the future whether we grant relief or not. Concern. Built space that is complete that has two means of egress, a kitchen, bathroom, has likely been occupied in the past. Was wondering if we could put a 6 month administrative review to review parking. S. Callahan said concern was relative to residents parking in fire lanes. V. Pech thanked the applicant for updated plans. Housing is a big need in the city. Rewards outweigh the issues in my opinion. Will be voting in favor. T. Hovey said there’s no parking there. How will they enforce parking issues? How with an administrative review will we be able to tell if parking is an issue? H. Afshar said in planning board meeting, there is only one car in the entire building. Everyone else uses public transportation. This is low income housing. Any new tenant coming in will also be low income and will be notified that there is no parking. Perhaps they could restrict car ownership in the lease. T. Hovey said there’s lots of cars at low income housing developments. The other concern is that if we approve it, we approve it for any new owner. We have no control over who rents it. We would be approving no parking now and beyond. D. McCarthy said that if there were issues in the past when this unit was occupied, neighbors would be raising concerns at this meeting. S. Callahan asked F. Cigliano whether the Fire Department could be looped into the administrative review. F. Cigliano said yes. Motion: D. McCarthy motioned to approve the application with the following conditions: 1. The applicant shall be subject to a 6-month administrative review to address parking concerns; and 2. The project shall be subject to the conditions set forth in the Planning Board decision. The motion was seconded by S. Callahan and passed (4-1) with T. Hovey voting in opposition. II. New Business ZBA-2023-40 Petition Type: Special Permit Applicant: New Cingular Wireless Property Located at: 50 Summer Street 01852 Applicable Zoning Bylaws: Section 7.6 Petition: New Cingular Wireless PCS, LLC have applied to the Lowell Zoning Board of Appeals seeking Special Permit approval to collocate twelve (12) panel antennas on the existing building at 50 Summer Street. The subject property is located in the Urban Mixed-Use (UMU) zoning district. The project requires Special Permit approval from the Zoning Board of Appeals per Section 7.6, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Edward Pare, Applicant’s Attorney Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy thanked the applicant for submitting a thorough application. M. Briere noted that he would be recusing himself from the application due to his employment with the Lowell Housing Authority. J. Nickerson said no concerns. T. Hovey said no questions. V. Pech said this is a great upgrade to infrastructure. Motion: D. McCarthy motioned to approve the application, seconded by T. Hovey, approved unanimously, (5-0). ZBA-2023-44 Petition Type: Variances Applicant: Peter Marlowe Property Located at: 14 W Fourth Street 01854 (Building 3) Applicable Zoning Bylaws: Section 5.1, Section 6.1 Petition: Peter Marlowe has applied to the Planning Board and Zoning Board of Appeals seeking Site Plan Review, Special Permit, and Variance approval to construct a fifteen (15) unit residential building at 14 W Fourth Street. The subject property is located in the Neighborhood Business (NB) zoning district. The proposal requires Site Plan Review approval from the Planning Board per Section 11.4 for a development with greater than three (3) residential units, and Special Permit approval from the Planning Board per Article 12.1 and Section 11.3 for a development with greater than ten (10) residential units. The proposal also requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the maximum height, lot area per dwelling unit, usable open space per dwelling unit, and rear yard requirements, per Section 6.1 for relief from the minimum off-street parking requirement, and any other relief under the Lowell Zoning Ordinance. On Behalf: Peter Marlowe, the Applicant P. Marlowe said this is my favorite building. There is bike storage and car storage. Tom Golden wanted home ownership and I agree with him. There is some financing through MassHousing to help with construction. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey asked if all 15 would be affordable. P. Marlowe said yes. T. Hovey said you need all 3 to happen. Revitalizing a swath of three streets. I really like that you have underground parking here. Adds desperately needed affordable housing. D. McCarthy said this is tremendous. Affordable condos. D.McCarthy asked about the cost of each unit. P. Marlowe said too early to tell. S. Callahan suggested added a package room since these will all be condos. Layout of project is great. Whole project is fantastic. J. Nickerson said they did a fantastic job with the project. Very impressed. V. Pech said P. Marlowe does amazing work in the city. I think the whole reuse of this lot and keeping East End club functioning but also creating homes and home ownership opportunities is amazing. I support this. Motion: D. McCarthy motioned to approve the variances with the following conditions: 1. The applicant shall provide off-site snow removal; 2. The applicant shall provide bike racks in the parking area; 3. The applicant shall submit a revised site plan showing a minimum of three (3) 2.5-inch caliper shade trees along W Fourth Street prior to applying for a building permit; and 4. The applicant shall obtain final approval from the Lowell Fire Department. The motion was seconded by T. Hovey and passed unanimously, (5-0). ZBA-2023-46 Petition Type: Variances Applicant: Peter Marlowe Property Located at: 15 W Fourth Street 01854 (Building 1) Applicable Zoning Bylaws: Section 5.1 Petition: Peter Marlowe has applied to the Planning Board and Zoning Board of Appeals seeking Site Plan Review, Special Permit, and Variance approval to construct a ten (10) unit residential building at 15 W Fourth Street. The subject property is located in the Neighborhood Business (NB) zoning district. The proposal requires Site Plan Review approval from the Lowell Planning Board for a development with greater than three (3) residential units, and Special Permit approval from the Lowell Planning Board per Article 12.1 and Section 11.3 for a development with seven (7) to ten (10) residential units. The proposal requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the lot area per dwelling unit, and usable open space per dwelling unit requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Peter Marlowe, the Applicant P. Marlowe noted that he has been going in front of the ZBA for 30+ years. The project includes deed restricted affordable housing opportunities. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey asked P. Marlowe to address LFD concerns. P. Marlowe said he was hoping it would be a condition that they could finalize after the approval. D. McCarthy noted that they do have plans with dimensions on them that appear to conform to what LFD is requesting. D. McCarthy said that he is sure this would be success. Would suggest that we condition approval on the LFD having final approval. P. Marlowe said DPD seems to want more landscaping than 2 cars per unit in parking. By removing parking, can pull parking away from fence and can add landscaping area. Were able to get HUD funding but had to add an ADA unit. S. Callahan said he is familiar with the East End club. Clearly have a hardship. The layout of the lot is discombobulated. Parking is a bit of a concern. You do have public spaces on Bridge Street. I think you meet the criteria for variances for Building 1. J. Nickerson said the proposal is well-drafted. Glad there is an affordability component. T. Hovey said you include on-street parking but that isn’t guaranteed. I don’t think taking away parking and adding green space would be beneficial. Parking gets tight. D. McCarthy is fine with relief for parking. Snow will need to be off-site. Provide bike racks. 3 shade trees located on northeast side. V. Pech said he thinks you gave some spaces for safety apparatus. I think you do have a hardship with the lot and layout. Weird layout. You working with DPD to compromise. Working with everyone for best interest. I think relief outweighs benefits. Motion: D. McCarthy motioned to approve the variances with the following conditions: 1. The applicant shall provide off-site snow removal; 2. The applicant shall install interior bike racks in building 2 or 3; 3. The applicant shall modify the plan to show three (3) 2.5-inch caliper shade trees on the northeasterly side of the property facing W Fifth Street; and 4. The applicant shall obtain final approval from LFD prior to applying for a building permit. The motion was seconded by T. Hovey and was approved unanimously, (5-0). ZBA-2023-45 Petition Type: Variances Applicant: Peter Marlowe Property Located at: 16 W Fifth Street 01854 (Building 2) Applicable Zoning Bylaws: Section 6.1 Petition: Peter Marlowe has applied to the Planning Board and Zoning Board of Appeals seeking Site Plan Review, Special Permit, and Variance approval to construct a nine (9) unit residential building at 16 W Fifth Street. The subject property is located in the Neighborhood Business (NB) zoning district. The proposal requires Site Plan Review approval from the Lowell Planning Board for a development with greater than three (3) residential units, and Special Permit approval from the Lowell Planning Board per Article 12.1 and Section 11.3 for a development with seven (7) to ten (10) residential units. The proposal requires Variance approval from the Zoning Board of Appeals per Section 6.1 for relief from the minimum off-street parking requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Peter Marlowe, the Applicant Speaking in Favor: None Speaking in Opposition: None  Discussion: J. Nickerson said no questions. T. Hovey asked if there would be bike racks in this building for the residents of Buildings 1 and 2. P. Marlowe said yes. P. Marlowe said that people living here won’t have two cars. T. Hovey said this is a walkable area. Can have a little leeway on parking because of access to public transit or foot traffic. Maybe add a swept path analysis condition. D. McCarthy said it is important to add shade trees. 3 new trees in landscaped area in the front. P. Marlowe said that’s fine. Off-site snow removal and provide bike racks in garage. Other than that, looking forward to seeing this built. V. Pech said the project makes sense. Seeking good amount of relief but does benefit city. I think you meet requirements for variance. Amazing project. Whole neighborhood will benefit. Motion: D. McCarthy motioned and T. Hovey seconded the motion to approve the variances with the following conditions: 5. The applicant shall provide off-site snow removal; 6. The applicant shall install interior bike racks in building 2 or 3; 7. The applicant shall modify the plan to show three (3) 2.5-inch caliper shade trees on the northeasterly side of the property facing W Fifth Street; and 8. The applicant shall obtain final approval from LFD prior to applying for a building permit. The motion passed unanimously, (5-0). III. Other Business Minutes 11/13/2023 meeting minutes D. McCarthy motioned to approve 11/13/2023 minutes, seconded by M. Briere (5-0). D. McCarthy said there was a tremendous parade in the city this weekend. IV. Adjournment D. McCarthy motioned to adjourn the meeting. The motion passed unanimously, (5-0). The time was 8:38PM.