Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes December 11, 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 Procope, Member Hovey, Member Nickerson Members Absent: Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 12/11/2023 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- 30 Petition Type: Variance Applicant: Wanessa Alves Santos Property Located at: 33 McKinley Avenue, 01851 Applicable Zoning Bylaws: Section 6.1 Petition: Wanessa Alves Santos has applied to the Lowell Zoning Board of Appeals seeking Variance approval to extend a driveway that would not meet the dimensional standards of Section 6.1.10of the Lowell Zoning Ordinance. The property is located in the Traditional Neighborhood Single-Family (TSF) zoning district, and requires Variance approval per Section 6.1.10 and for any other relief required under the Lowell Zoning Ordinance. The applicant has requested a withdrawal without prejudice for their petition. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: V. Pech said the applicant has requested a continuance to the 2/26 Zoning Board meeting. S. Callahan requested the applicant sign the continuation form. Motion: D. McCarthy motioned, and S. Callahan seconded the motion to continue the petition to the 2/26 Zoning Board meeting. The motion passed unanimously, (5-0). ZBA-2023- 33 Petition Type: Variance Applicant: Moniroth Nou Property Located at: 412 Pine Street, 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Moniroth Nou has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct a 1.5 floor addition at 412 Pine Street. The property is located in the Suburban Single-Family (SSF) zoning district and requires a Variance under Section 5.1 to exceed the maximum Floor Area Ratio (FAR) requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Moniroth Nou, Applicant M. Nou said the plan remains the same, but the plans have been updated to include the missing dimensions. Zac Alexanian, Applicant’s Representative Z. Alexanian summarized the revised plans. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said the initial issue was that the property was 3 stories where 2.5 is allowed. Z. Alexanian said the only area with 3 stories is at the lowest point of the driveway. M. Briere said he was absent from the initial hearing, and he will be recusing himself. D, McCarthy said the surrounding neighborhood has older homes which tend to be taller. D. McCarthy said the existing zoning is aimed toward the older existing homes, and the applicant’s home is a new home. D. McCarthy said he believes the proposed addition is a reasonable height considering the surrounding neighborhood. D. McCarthy said he is supportive of building up rather than expanding the footprint of the building. D. McCarthy expressed support for the petition.  S. Callahan agreed with D. McCarthy, and said the home would fit within the neighborhood. S. Callahan said the prior concern of missing height dimensions and additional info on the floor plans has been resolved. S. Callahan expressed support for the application. T. Hovey said he agreed with his colleagues, and said his concerns regarding the total height were resolved. T. Hovey expressed support. J. Nickerson agreed, and said the proposal is reasonable and he is supportive. V. Pech expressed support, and thanked the applicant for the revised plans. Motion: D. McCarthy motioned, and T. Hovey seconded the motion to approve the Variances. The motion passed unanimously, (5-0) with M. Briere recusing himself. ZBA-2023- 36 Petition Type: Variances Applicant: Kenneth Lania Property Located at: 81 School Street, 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Kenneth Lania has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct a 4-unit townhouse style structure on the property which current has a single-family home. 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 lot area per dwelling unit, frontage, and usable open space per dwelling unit requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: D. McCarthy motined, and G. Procope seconded the motion to continue the petition to the 1/22 Zoning Board meeting. The motion passed unanimously, (5-0). II. New Business ZBA-2023- 41 Petition Type: Variances Applicant: Chester and Louise Demichelis Property Located at: 108 Marshall Road, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Chester and Louise Demichelis have applied to the Lowell Zoning Board of Appeals seeking Variance approval to subdivide the existing lot at 108 Marshall Road. The subject property is located in the Traditional Single-Family (TSF) zoning district. Lot A requires Variance approval per Section 5.1 for relief from the minimum lot area per dwelling unit, minimum side yard setback, and maximum floor area ratio (FAR) requirements, and any other relief required under the Lowell Zoning Ordinance. Lot B requires Variance approval per Section 5.1 for relief from the minimum lot area, minimum side yard setback, minimum rear yard setback, and maximum FAR requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: David Keele, Applicant’s Attorney D. Keele said he represents the applicant. D. Keele said the owners would to avoid leaving their children with a challenging lot. D. Keele said the existing lot has w homes and they are looking to adjust the property lines. D. Keele said the Board would be creating 2 taxable lots vs 1 existing taxable lot. Matt Hamor, Applicant’s Engineer M. Hamor said the existing parcel is one parcel with two residences. M. Hamor said each home has their own address and their own access drives. M. Hamor said they drew lot lines in a way they felt best fit to evenly divide the lots and to recognize existing structural components on the lot. M. Hamor summarized the required Variances and lot sizes of the surrounding neighborhood. M. Hamor said they will be creating one additional parking space next to the existing driveway to make the property more conforming in relation to the off-street parking requirement. M. Hamor said they would have to remove a tree and they would replace it with a new 6-foot, 2-inch caliper shade tree. M. Hamor said the hardship is that they have 1 lot with 2 homes and it has been used as a single-family. M. Hamor said dividing the lot will simplify dividing up the estate. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said the proposal is an improvement, and will support the petition. D. McCarthy said he agrees with M. Briere, and said the proposal makes sense. D. McCarthy expressed support. D. McCarthy clarified the numbers on the plan. D. McCarthy said the FAR listed on their plan is 0.47 not 0.50, M. Hamor said 0.47 is correct. D. McCarthy clarified the lot area. D. McCarthy expressed support for adding 2 additional shade trees. M. Hamor agreed. D. McCarthy said this can be a condition of approval, D. Keele agreed. S. Callahan said the proposal makes sense, and agreed the applicant has a hardship. S. Callahan said he feels the applicant meets the criteria for a Variance. T. Hovey said most of the Variances requested are due to the property being non-conforming in its current state. T. Hovey asked for dimensions of the new parking space. M. Hamor said the space will be 8x18 and will meet the parking space dimensional requirements. T. Hovey expressed support with a condition that shall not exceed 17 feet in width. J. Nickerson asked whether the utilities are separate. M. Hamor said this can be conditioned and if there is a common water line then it will need to be separated per Water Department requirements. M. Hamor said it would need separate electric too, and this can be conditioned. G. Procope agreed with J. Nickerson’s comments. M. Hamor said it is his understanding tahat the properties already have separate utilities, and said this can be conditioned and they will be sure each property has their own utilities. G. Procope expressed support for the petition with this condition. V. Pech expressed support for the proposal, and said the application is more clerical as the lots function separately as is. V. Pech summarized the conditions of approval, each property shall have their own utilities, the driveway shall not exceed 17 feet in width, and the applicant shall plant 3 shade trees. Motion: D. McCarthy motioned to approve the Variances with the following conditions: 1. The applicant shall plant 3, 2-inch caliper shade trees along the frontage; 2. The driveway width shall not exceed 17 feet; and 3. Each property shall have their own utilities. M. Briere seconded the motion. The motion passed unanimously, (5-0). ZBA-2023- 47 Petition Type: Variances Applicant: Fatumata Jaiteh Property Located at: 173 Westford Street, 01851 Applicable Zoning Bylaws: Section 5.1, and Section 6.1 Petition: Fatumata Jaiteh has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct a single-family home at 173 Westford Street. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The project requires Variance approval from the Zoning Board of Appeals under Section 5.1 for the minimum lot area, minimum lot area per dwelling unit, minimum front yard setback, minimum side yard setback, and minimum rear yard setback requirements, per Section 6.1 from the minimum parking setback requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Hooshmand Afshar, Applicant’s Representative H. Afshar explained the proposal. H. Afshar said a similar proposal was approved in 2020, but this approval lapsed. H. Afshar summarized the conditions of approval from the previous application. H. Afshar said they are proposing the same number of trees on the lot. H. Afshar said the lot is currently a deep hole roughly 17 feet deep. H. Afshar said the lot is currently overgrown. H. Afshar said they are proposing to build a single-family home. H. Afshar said the lot size is similar to nearby lots. H. Afshar noted the topography of the lot and said the lot will have 2 off-street parking spaces which are head in parking due to the limited space on the lot. H. Afshar said the applicant is agreeable to using pervious pavement for the parking area, and adding 2 convex mirrors so oncoming traffic is visible. H. Afshar summarized the required Variances and explained the elevations. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy noted the site originally had a two-story, two-family property which burned down, and noted the property did not have off-street parking. D. McCarthy said given the history and difficulty of the site he understands why so many Variances are required. D. McCarthy expressed support for the pervious pavement. D. McCarthy said the setback relief is minor given the shape of the lot. D. McCarthy asked about the width of driveway. H. Afshar said the driveway is 18 feet wide. D. McCarthy said he’d like a shade tree on the site and requested a 2-inch caliper shade tree be planted in the front yard. H. Afshar agreed. D. McCarthy expressed support for the petition. D. McCarthy summarized the conditions, pervious pavement, convex mirrors for oncoming traffic, and planting 1 shade tree. S. Callahan said the proposal is fairly similar to past proposals, and stated the new proposal does more than what was asked for in past applications. S. Callahan noted the application requires less Variances than prior approvals. S. Callahan noted the history of the site. S. Callahan expressed support for the application. T. Hovey said he appreciates the effort to cut down on Variances and said the applicant did their best to reduce Variances. T. Hovey asked about the 4 proposed trees between the retaining wall and walkway noting this is a small area for trees to be planted. T. Hovey said the applicant has a hardship given the topography of the lot. T. Hovey said the proposal is not a detriment to the public good. T. Hovey said he is concerned whether the application meets the intent of zoning,  and said this amy be an underlying issue with the zoning regulations. T. Hovey said he believes the project is good overall. J. Nickerson agreed that the proposal is an improvement to the lot and addresses the need for housing in the City. J. Nickerson said he believes there is a hardship, and understands the justification for the Variances. G. Procope said the proposal is an improvement to the neighborhood, and the application warrants the requested Variances. G. Procope said the development would add to the neighborhood. G. Procope expressed support for the petition with the previously discussed conditions. M. Briere said his concerns have been addressed and he is supportive of the petition. V. Pech said the application has a lot of merit and will improve the lot. V. Pech said the petition showed restraint given the size of the home. V. Pech said housing is a major need for the City, and said the project fits within the neighborhood. V. Pech expressed support. D. McCarthy asked if the property is under a new owner. H. Afshar said the property is under agreement and it will have new owners and they have stated construction will start within the year. S. Callahan confirmed Variances are valid for 1 year. Motion: D. McCarthy motioned to approve the Variances with the following conditions: 1. The applicant shall install 2 convex mirrors by the driveway so drivers can see oncoming traffic; 4. The parking area shall be paved with pervious pavement; and 5. The applicant shall plant 1 shade tree in the front yard. S. Callahan seconded the motion. The motion passed unanimously, (5-0). III. Other Business Minutes 11/27/2023 meeting minutes D. Mccarthy motioned, and S. Callahan seconded the motion to approve the 11/27/2023 meeting minutes. The motion passed unanimously, (5-0). IV. V. Adjournment D. McCarthy motioned to adjourn the meeting, T. Hovey seconded the motion. The motion passed unanimously, (5-0). The time was 7:45PM.