Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes March 25, 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 Procope, Member Hovey, Member Nickerson Members Absent: Member Briere Others Present: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 03/24/2024 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-2023-30 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 6.1.10 of the Lowell Zoning Ordinance. The property is located in the Traditional 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. On Behalf: Ken Lania of Cornerstone Land Associates, the applicants representative, spoke on behalf. He has recently been retained for this project. He noted concerns that have been raised by engineering and staff include the amount of impervious area, stormwater runoff, and the proximity to the neighbor. He now has the contact for the neighbor, Tom Kerwin, and will reach out to him next week about installing a drainage system. The soils in the rear of the parcel would be able to leech the majority of the stormwater. He would like to request an additional continuance and apologized due to the several hearings this project has had. Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said this project has been continued three times already but noted K. Lania has just become involved. K. Lania said he could withdraw without prejudice and re-apply if necessary. S. Callahan said he is open to that. D. McCarthy noted that it may be past the 90 days required to issue a decision. P. Cutrumbes said he is unsure of the statute but that 90 days has passed since the project was first heard. K. Lania said that with this information in mind he will withdraw. Motion: D. McCarthy motioned to withdraw without prejudice and was seconded by T. Hovey. The vote was unanimous (5-0). ZBA-2023-43 Petition Type: Variance Applicant: Wedman Jonathas Property Located at: 39 Corbett Street, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Wedman Jonathas has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct a second story addition to the existing single-family home at 39 Corbett Street. The subject property is located in the Traditional Single-Family (TSF) zoning district. The project requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the Maximum Floor Area Ratio (FAR) requirement, 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 noted the applicant has requested a continuance to April 8th. S. Callahan requested staff to inform the applicant that they do not usually go past two continuances. Motion: D. McCarthy motioned to continue the application to the April 8th meeting. T. Hovey seconded. The vote was unanimous (5-0). II. New Business ZBA-2024-8 Petition Type: Variance Applicant: Daly Group Property Located at: 32 Union Street 01852 Applicable Zoning Bylaws: Section 5.1 Petition: The Daly Group has applied to the Lowell Zoning Board of Appeals to construct a duplex at 32 Union Street. The property is located in the Urban Multi-Family (UMF) zoning district, and requires a Variance under Section 5.1 for minimum rear yard setback and any other relief required under the Lowell Zoning Ordinance. On Behalf: Matt Hamor of Landplex, the project’s engineer, spoke on behalf. He went over the site plan. He noted the small size of the lot but that they wanted to meet parking on site. There is one space in each garage and one space in front of the garage. The applicant has shown the proposed plan to the neighbors and has general support. He noted that a lot of properties in the neighborhood don’t have parking and that they are providing some. Staff comments were favorable, and fully developing the site will be a great addition to the neighborhood. The building is only 28 feet in length, the shortest possible to provide off street parking and this creates a hardship for the rear yard setback. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said he is enthusiastic about the project. The current site is unsightly and inviting trash. It is a compact area and anything done on it will be an improvement. He likes the renderings. T. Hovey spoke to neighbors and they seem to be happy with the project as a solution to the vacant lot. The requested relief is minimal. He is in favor. D. McCarthy said he is glad to see this project, and that it will help address the housing crisis. He would like the applicant to add for shade trees. He would also like to condition that the applicant satisfies the Engineering Department comments. S. Callahan is very happy with the project. The property has been vacant for 20 years. It is better to be developed and put on the tax rolls. J. Nickerson said it is a great project. V. Pech said it will be a great addition to the housing stock. Motion: D. McCarthy motioned, and T. Hovey seconded, to issue the Variances with the following conditions:  1. The applicant shall provide two (2) shade trees along the street of 2.5 inch caliper and with 15 foot canopy after 10 years of growth 2. The applicant shall satisfy all the comments issued by the City Engineer. ZBA-2024-7 Petition Type: Variance Applicant: Tim Fallon Property Located at: 48 Rockingham Avenue 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Tim Fallon has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct an addition to their home located at 48 Rockingham Avenue. The subject property is located in the Suburban Single-Family (SSF) zoning district. The proposal requires a Variance for the Maximum Floor-Area-Ratio and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: P. Cutrumbes noted that the applicant changed their plan to a much smaller addition and that the Building Commissioner said it no longer needs a Variance. The applicant has requested to withdraw. Motion: D. McCarthy motioned, with S. Callahan seconding, to withdraw the application without prejudice on the condition that the applicant provides a withdrawal request in writing. The vote was unanimous (5-0). ZBA-2024-9 Petition Type: Special Permit and Variances Applicant: National Grid Property Located at: 189 Walker Street 01854 Applicable Zoning Bylaws: Section 5.1 and Section 12.7(a) Petition: National Grid has applied to the Zoning Board of Appeals seeking Variance and Special Permit approval to construct an energy transfer station at 189 Walker Street. The property is located in the Traditional Multi-Family (TMF) zoning district. The project requires a Special Permit under Section 12.7(a) for the public service utility use, a Variance under Section 5.1 for usable open space per dwelling unit and any other relief required under the Lowell Zoning Ordinance. On Behalf: Aaron Pike of National Grid and Scott Landsgren of CDM Smith spoke on behalf. S. Landgren provided handouts. He said they are here on behalf of the Walker Street and Broadway Street applications. The aerial photo shows the project area in the Acre. John Welch, the project manager from CDM also spoke. He summarized the project. It is a small scale geothermal project. There will be geothermal bores in the UML parking lot and at Waugh Street. The system will loop geothermal energy around the area to various buildings and provide heating and cooling. S. Landgren noted that the DPD comments say the heating and cooling will be done at 189 Walker Street. He corrected that it will be provided to eleven different properties. He also briefly described the transfer station. It is not very large. It will be located to the rear of the property, which is an existing LHA development with multiple units. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey said he had comments/questions regarding both projects. How long will the bore drillings take? J. Welch said about 2-3 months. T. Hovey asked if it will happen over the summer. J. Welch said the schedule is not finalized. T. Hovey asked how the properties were selected. J. Welch said there was a canvassing effort by National Grid with customers in the area. UML was a proponent of this and was looking to get involved. T. Hovey asked if the bore field would have to be expanded if more properties joined. J. Welch said yes, as the proposed bore field only covers the highlighted buildings right now. D. McCarthy said he is very excited about the project, especially that the Mammoth Fire building is on it as well. He asked if geothermal HVAC could heat and cool the whole LHA building and the Mammoth Building. J. Welch said that all of the LHA units will be on geothermal, and that 3/4ths of the Mammoth Fire Building will also be. D. McCarthy asked about the noise. J. Welch said the noise inside the building will be mitigated by the walls and ambient noise. S. Callahan noted it will be a benefit to the city. He said it meets all the aspects of the Special Permit criteria. J. Nickerson said he finds geothermal HVAC fascinating and is totally in favor. G. Procope said they are setting a precedent here that the Board will be favorable to new forms of energy moving forward. V. Pech said it is a great project and is paving the way forward for cleaner energy. Motion: D. McCarthy motioned, with G. Procope seconding, to approve the Variance and Special Permit. The vote was unanimous (5-0). ZBA-2024-10 Petition Type: Special Permit and Variance Applicant: National Grid Property Located at: 813 Broadway Street 01854 Applicable Zoning Bylaws: Section 5.1 and Section 12.7(a) Petition: National Grid has applied to the Zoning Board of Appeals seeking Variance and Special Permit approval to construct a geothermal pumphouse at 813 Broadway Street. The property is located in the Institutional (INST) zoning district. The project requires a Special Permit under Section 12.7(a) for the public service utility use, a Variance under Section 5.1 for maximum front yard setback and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy asked about the noise for this pumphouse as well. J. Welch confirmed it will be the same. S. Callahan asked if there were any further comments from the applicants. S. Landgren noted that the Special Permit is the same but the Variance is for the maximum front yard setback. The building is setback 70 feet from the front poperty line in order to lineup with the borefield. Motion: D. McCarthy motioned, with G. Procope seconding, to issue the Special Permit and Variance. The vote was unanimous (5-0). III. Other Business Minutes for Approval: 3/11/2024 meeting minutes D. McCarthy motioned to approve the minutes, seconded by G. Procope. The vote was unanimous (5-0). IV. Adjournment D. McCarthy motioned to adjourn, with S. Callahan seconding. The meeting was adjourned at 7:25 PM.