Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes March 11 2024 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: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 03/12/2024 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. Chairman Pech called the meeting to order at 6:30 PM I. Continued Business ZBA-2023-54 Petition Type: Special Permit Applicant: Nick Fotopoulos Property Located at: 1600 Middlesex Street 01851 Applicable Zoning Bylaws: Section 12.6 Petition: Nick Fotopoulos has applied to the Lowell Zoning Board of Appeals seeking Special Permit approval to operate a used car dealership at 1600 Middlesex Street. The subject property is located in the Regional Retail (RR) zoning district. The project requires Special Permit approval per Section 12.6 of the Lowell Zoning Ordinance, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: V. Pech said the applicant requested a continuance. Motion: D. McCarthy motioned, and S. Callahan seconded the motion to continue the petition to the April 8th Zoning Board meeting. The motion passed unanimously, (7-0). II. New Business ZBA-2024-6 Petition Type: Variances Applicant: Dennis and Lee Conners Property Located at: 38 Westview Road and 19 Lincoln Parkway 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Dennis and Lee Conners have applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct a new single-family home by subdividing the existing lot at 38 Westview Road and combining a remaining portion with 19 Lincoln Parkway The subject properties are located in the Suburban Single-Family (SSF) zoning district. The lot located at 38 Westview Road requires Variance approval for the Maximum Floor Area Ratio, minimum lot area, and minimum rear yard requirements, and any other relief required under the Lowell Zoning Ordinance. The lot located at 19 Lincoln Parkway requires Variance approval for the Maximum Floor Area Ratio and minimum lot area requirements, as well as any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Representative and Counsel J. Geary said the project involves two parcels at 38 Westview Road and 19 Lincoln Parkway. The lot for 38 Westview is uniquely shaped. The applicants own both lots. The application would add a portion of 38 Westview to the 19 Lincoln lot, build a new house on the Lincoln Parkway lot, creating two lots of 8,000 square feet roughly. The relief for both lots is similar. There are many other lots in the neighborhood that do not have sufficient area or frontage. The team designed the house on Lincoln to compliment the neighborhood. They provided a rendering so that the Board could see finished project. Staff comments were supportive of the project. The applicant reviewed the proposal with several abutters and incorporated comments from the Lincoln and Pine abutter to shrink the garage. The project also needs a Special Permit from the Planning Board to reduce frontage from 90 to 80 feet. Doug Lees, the engineer, spoke about the site plans. He started with the existing conditions showing the vacant lot on Lincoln Parkway. He discussed the proposed lot lines and noted that there would be a white vinyl fence dividing the lots. He noted that the existing ROW on Lincoln Pkwy is 80 feet, with not much being paved. Most houses on the street use part of this ROW as part of their yard. This makes the lot a little bigger than it is on paper. He showed the Board elevations for the proposal. Speaking in Favor: Rolan Mainville of 78 Westview Road spoke in support. He thinks the proposal is good for the neighborhood and that there should be a house on the currently vacant lot. Sean Moriarty of 451 Pine Street spoke in support. The vacant lot needs to be filled in. The applicants are not doing this on speculation. Patrick Martin of 24 Monadnock Road spoke in support. It is hard for young families to find homes and they deserve a chance. Tayler Shelton of 61 Rindo Park Drive spoke in support. Ellen Bowser of 167 Westview Road spoke strongly in support. She said it would be a great addition to the Highlands. Bill Morris of 25 Westview Road spoke in support. He said the applicants are great neighbors. If the new house looks anything like the house he built it will be a great addition. TJ McKiernan of 831 Westford spoke in support. Dennis Moriarty of 28 Rindo Park Drive spoke in support. William Nichols of 48 Rindo Park Drive spoke in support. He has previously spoken against smaller lots being approved but thinks that this project fits well. The Variance request is minor. James Armstrong of 101 Florence Road spoke in support. He has lived in Highlands his whole life and this would be a great addition to the upper highlands. Letters of support also submitted by Bob McMahon, Kathy Finneral, Denise Cappella, and Nancy Judge Speaking in Opposition: Joseph McMahon of 26 Westview Road spoke in opposition. He has lived there for 22 years. There is not enough land on the Lincoln Pkwy lot. The lot is about 5800 square feet currently. 38 Westview is around 10,000 which includes a 2,000 square ft area at the rear that extends to Lincoln Pkway. The proposal would allow the size of the lot at Westview to be modified to be smaller. The project should be consistent with the Lowell Zoning Ordinance and not alter the existing neighborhood character. Allowing the Variance would set a precedent and could decrease property values in the neighborhood. Variances should meet public need, not set undesirable precedent for other properties in the neighborhood. 19 Lincoln Parkway used to be part of 26 Westview Road. It was sold to the applicant in 2011 for $10,000. He summarized where the lot is deficient under Section 5.1. Prior to 3/2/1992, 26 Westview contained 38 Westview and 19 Lincoln Pkwy at which time Louis Saab subdivided the lots into 3 lots. Louis Saab tried to build two houses on 38 Westview and 19 Lincoln Pkwy but their Variances were denied by the ZBA due to neighborhood opposition. There is now once again many members of the neighborhood who are here in opposition. The project would substantially impact the neighborhood character and set a precedent for allowing smaller lots to be built on. The structure would eliminate his privacy by overlooking his backyard. V. Pech read the petition in opposition into the record. Krista McMahon of 26 Westview Road spoke in opposition for the same reasons as her husband. Irene Jeffries of 40 Lincoln Pkwy expressed her opposition to the project. Dorothy Doyle of 27 Lincoln Pkwy spoke in opposition as well. Zoning requirements should be clear to everyone and changed for individuals. John Bertos of 77 Westview Road spoke in opposition. He said the traffic is unbelievable because there are too many people in the City. Discussion: J. Geary said anyone who spoke in support tonight resides in close proximity to this property. He said he does not know how adding the home to the vacant lot could ever lower property values. G. Procope said he thinks the plan is a nice design. The care taken to design this project to be compatible to the neighborhood is important. The applicant did not do this with any malintent. He thinks it will fit the character of the neighborhood. He is in favor. M. Briere said he trusts the comments of the DPD staff. He said it is not common that comments from staff seem this positive. Project will have positive impact on tax base. To residents who are unsure--look at how well maintained 38 Westview Road is (applicant’s property). J. McMahon noted that Section 5.1.9 does not allow lot sizes to be reduced past the minimum. D. McCarthy discussed the pre-existing nonconformities of the side and rear yard setbacks at 38 Westview. He noted that the new house was taken care to be built to not violate these setbacks. 38 Westview Road is an odd shape and would become consistent with the neighborhood after the subdivision. He appreciates all residents who came to speak. S. Callahan also thanked all residents who came to speak. Comments from DPD seem somewhat minimal. He noted these lots were separated going back to 1922. He said that a hardship exists. Granting the Variance would meet the public good by increasing housing stock and tax base. T. Hovey said that he was surprised that nothing was on the lot. He does not think the relief is major. He agrees with what his colleagues said and is in support. J. Nickerson agrees with the Board members regarding the hardship and the shortage of housing. He is in support of this project. V. Pech thanked everyone who spoke on both sides. He thinks the project is appropriate and tasteful and matches neighborhood characteristics. It will add to the quality of the neighborhood. Motion: D. McCarthy motioned, and M. Briere seconded the motion to approve the Variances. The vote was unanimous (7-0). ZBA-2024-4 Petition Type: Variances Applicant: Donik Corp. Property Located at: 408 Suffolk Street and 585 Market Street 01854 Applicable Zoning Bylaws: Section 5.2.8, Section 6.2, and Section 9.8.4 Petition: Donik Corp. has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct a 33-unit mixed-use development at 408 Suffolk St & 585 Market St. The subject property is located in the Urban Mixed-Use (UMU), and Multi-Family Overlay District – Mid-Rise (MFOM) zoning district. The proposal also requires Variance approval from the Zoning Board of Appeals per Section 5.2.8 for relief from the corner clearance requirement, per Section 9.8.4 for relief from the side yard setback to residential uses requirement, per Section 6.2 for relief from the loading requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: William Martin, Applicant’s Representative and Counsel William Martin spoke on behalf. He noted this project is being done by the same people who are doing the Acre Crossing project. The design is somewhat changed. The project is 33 apartment units, with 30 one beds and 3 two beds. It needed more relief originally, but they have tweaked the dimensions of the project. They need Variance on corner clearance. The traffic engineer said its really not a concern. They would also need a Variance for a loading zone to accommodate the requested commercial use on the first floor by staff. The application was heard at the Planning Board last Monday. They requested shadow analysis—which has been completed but not submitted. They are in the process of completing the TDM plan. The project will be home ownership units and financed through the same state financing program used for Acre Crossing (Mass Commonwealth Builder program). Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere spoke in favor. The use is allowed by right. This is the type of development the TOD overlay district is designed to encourage. The project will offer affordable homeownership opportunities which is critical. D. McCarthy asked about overhead skylighting in the shared area and if light will filter down to the other floors. W. Martin said yes. D. McCarthy asked about the new modified site plan showing that it does not need the original setback relief and noted this plan has not been provided to the Board. R. Tedford (project engineer) said the new plan is on display here. He asked how they reduced the size of the building. R. Tedford said they removed space from some of the units. D. McCarthy noted he would like to condition providing a Site Plan showing the 5 foot setback. He asked about greenspace. W. Martin said the project abuts the pocket park for Acre Crossing and noted staff asked for continuous paths to the park from both properties. D. McCarthy expressed desire for conditioning that. D. McCarthy asked if the building will be heated/cooled with an electric source. W. Martin said it is all electric. S. Callahan expressed support for the project and said it looks great. The corner clearance is not a particular concern because Suffolk Street is one-way. T. Hovey said he appreciates the thoroughness. Traffic Engineer has no problems with loading zone. The green space is a good touch. J. Nickerson agreed with the Board members. G. Procope asked about the TDM plan. W. Martin said it isn’t submitted yet but will be submitted before Planning Board approval. He agrees that this is a nice project. V. Pech also expressed support. The project will only enhance downtown. He is supportive of affordable housing. Motion: D. McCarthy motioned to approve, with S. Callahan seconding, with the following conditions: 1. The applicant shall submit an updated site plan showing the 5-foot setback 2. The applicant shall work with DPD to select tree species 3. The applicant shall coordinate the site plan with the Acre Crossing plan to create a cohesive connection to the park. ZBA-2024-5 Petition Type: Variances Applicant: Samuel Borba Property Located at: 85 Seneca Street 01852 Applicable Zoning Bylaws: Section 6.1.10 Petition: Samuel Borba has applied to the Zoning Board of Appeals seeking Variance approval to create a parking area at 85 Seneca Street. The property is located in the Traditional Two Family (TTF) zoning district, and requires Variances under Section 6.1.10 for maximum curbcut requirements and minimum pavement setback requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: M. Davenport spoke on behalf, translating for Mr. Borba. The applicant wants to expand the parking area to 3 cars. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy noted that there is parking in front of the garage doors for two cars but he also saw a car parked on the landscaped area. Now the applicant is asking for 3-4 cars in addition to those spots. M. Davenport said the garage is used for storage. He doesn’t want to count the garage to be used as off- street parking. D. McCarthy says the Site Plan shows less gravel than what is currently laid down on the site. The site has a gravel area of roughly 65x45 instead of the proposed area of roughly 50x30 on the plan. He doesnt understand why the parking area needs to be so big. What is currently there is an eyesore. He’d like to see a landscape plan. S. Callahan said he remembers this project from before when it was granted with conditions. The conditions were never met. There is a car parked on an area that is grass. M. Davenport said Mr. Borba didn’t know a car was parked there. S. Callahan asked if Mr. Borba lives there. M. Davenport said yes. S. Callahan said he does not find it credible that Mr. Borba does not know a car was there. S. Callahan said he is not in support because the applicant did not meet the conditions. T. Hovey said he watched the previous hearing from when he wasn’t on the Board. The applicant’s representative at that meeting asked if a certified site plan was needed. The answer was yes. This was never submitted. Somebody was parked on the grass on a different day when T. Hovey was there. The original agreement was for two cars and a boat. The project is now basically the entire side yard. Petitioner maybe not operating in good faith. Single family home does not need this many cars. Not supportive. J. Nickerson expressed agreement with his Board members. It is like a commercial parking lot right now. He cannot vote in favor of this either. G. Procope asked if the applicant reviewed the comments. M. Davenport said he did see the comments. G. Procope noted nothing has been met re: conditions. The proposed parking plan for a residence with a 2 car garage doesn’t make sense. He is not in favor. M. Briere asked what the reason is for this additional parking. M. Davenport said it is a large home. He has roommates and would need the parking for visitors. M. Briere asked how many bedrooms. M. Davenport said 3. M. Briere asked how many parking spaces. M. Davenport said he would need 3 more. M. Briere noted the plan is bigger than 3 spaces and asked what happened to the original intent in the narrative “to use the spaces for commercial vehicles”. M. Davenport said they won’t do that. V. Pech said the applicant was not well prepared and believes this application is not in good faith. It is hard for him to support this. The only way to move forward here would be a vote tonight, or you can withdraw without prejudice. V. Pech clarified for the applicant: you are requesting to withdraw without prejudice, then you will work with DPD, and then come back. Motion: D. McCarthy motioned to withdraw without prejudice, with G. Procope seconding. The vote was (6-1), with T. Hovey voting against. T. Hovey indicated his preference would be to deny the application. ZBA-2024-2 Petition Type: Variance Applicant: Flor Monsalve Property Located at: 123 Varnum Avenue 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Flor Monsalve has applied to the Zoning Board of Appeals seeking Variance approval to construct an addition to the rear of their house at 123 Varnum Avenue. The subject property is located in the Traditional Single Family (TSF) zoning district. The proposal requires Variance approval under Section 5.1 for the Maximum Floor Area Ratio requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: The applicant did not attend the meeting. V. Pech said the Board should motion to continue to the 4/8 meeting. Motion: D. McCarthy motioned, with T. Hovey seconding, to continue the application to the April 8 meeting. III. Other Business Minutes for Approval: 2/26/2024 meeting minutes D. McCarthy motioned, and G. Procope seconded the motion to approve the minutes. The motion passed unanimously, (7-0). M. Briere informed the Board he will not be at the next meeting. D. McCarthy informed the public that the deadline for the Lowell Forward Master Plan is tonight. IV. Adjournment D. McCarthy motioned and S. Callahan seconded the motion to adjourn the meeting. The time was 8:30 PM.