Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes April 22, 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 Members Absent: Member Briere, Member Nickerson Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 4/22/2024 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: Article 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 Article 12.6 of the Lowell Zoning Ordinance., and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey asked if the applicant has had correspondence with DPD staff. D. Ricker said they have not sent correspondence to staff. S. Callahan said the Board can deny the application for the applicant failing to appear. D. McCarthy said the Board cannot entertain a withdrawal because it has not been requested. G. Procope said he is in favor of denying because the applicant has been before the Board many times, and with the no show he is not sure the applicant is serious. Motion: D. McCarthy motioned to deny the petition for the applicant failing to appear. S. Callahan seconded the motion. The motion passed unanimously, (5-0). II. New Business ZBA-2024-13 Petition Type: Variance Applicant: El Houcine Jalal Property Located at: 275 Princeton Boulevard, 01851 Applicable Zoning Bylaws: Section 5.1 Petition: El Houcine Jalal has applied to the Zoning Board of Appeals seeking Variance approval to construct an addition to the home at 275 Princeton Boulevard. The subject property is located in the Traditional Single-Family (TSF) zoning district. The project requires Variance approval per Section 5.1 for relief from the maximum floor area ratio (FAR) requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Jin Hao Lu, Applicant’s Representative J. Hao-Lu said he is constructing an addition which would be a full sized dormer on the front. J. Hao-Lu cited the engineering plans. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope asked which side of the home the dormer will be on. J. Hao-Lu said the dormer will be on the front and there is already a dormer on the back. T. Hovey said the project will stay within the footprint of the house, and it is only small FAR relief. J. Hao- Lu said it will remain in the same footprint. T. Hovey said he is supportive. D. McCarthy asked if it is a rental property. J. Hao-Lu said it is not a rental. D. McCarthy said there appears to be 2 driveways on the property. D. McCarthy expressed concern about having 2 driveways. D. McCarthy said he would like a condition that the applicant will obtain a curb cut permit and remove the curbing for the second driveway. D. McCarthy said he would also like a condition that the pin oak tree in front of the house be saved. J. Hao-Lu said they may not be able to. D. McCarthy said there is no reason this shouldn’t be possible. J. Hao-Lu agreed. S. Callahan said he does not have concerns and is supportive. V. Pech said he is supportive and the relief is minimal. V. Pech summarized the 2 conditions. Motion: D. McCarthy motioned to approve with the following conditions: 1. The applicant shall remove the curb for the second driveway; and 2. The applicant shall save the pin oak tree at the front of the property. G. Procope seconded the motion. The motion passed unanimously, (5-0). ZBA-2024-14 Petition Type: Variance Applicant: TRS Herbert University Ave Realty Trust Property Located at: 234-240 University Avenue, 01854 Applicable Zoning Bylaws: Section 5.1 Petition: TRS Herbert University Ave Realty Trust has applied to construct a three (3) unit residential structure at 234 & 240 University Avenue. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the Lot Area per Dwelling Unit requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Ian Ainslee, Applicant’s Representative I. Ainslee explained the proposal. I. Ainslee said the applicant only requires relief from the LA/DU requirement, and all other zoning requirements are met. I. Ainslee said the petition will also require Special Permit approval from the Zoning Board. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey said the relief requested is minimal. T. Hovey asked about the proposed conditions. I. Ainslee said they are amenable to the proposed conditions. T. Hovey asked if the applicant is amenable to posting a bond to replace the curb cut. I. Ainslee agreed as long as the cost is within reason. T. Hovey said this is an improved use for the site. I. Ainslee said there will be 2 shade trees planted. T. Hovey expressed support. D. McCarthy said he is happy to see this development, and noted the petition meets the majority of the zoning requirements only requiring minimal relief. D. McCarthy said he’d like a condition that no more than 2 feet of the foundation be showing and said there was an issue with the grading. I. Ainslee explained the stairs were not shown on the plan, but confirmed the grading will be addressed. I. Ainslee agreed to the condition. D. McCarthy said he’d like to incorporate the engineering comments as a condition. I. Ainslee agreed. S. Callahan said the relief requested is minimal. S. Callahan asked for the applicant’s plans for trash removal. I. Ainslee said they plan for street pick up. S. Callahan asked about snow storage. I. Ainslee said there is enough space on site for snow storage. S. Callahan expressed support. G. Procope said the plan is done well, and said the project will improve the neighborhood. G. Procope said he is supportive of the proposal with the conditions. V. Pech expressed support for the proposal, and said the project will improve the area, and provides much needed housing. Motion: D. McCarthy motioned to approve the petition with the following conditions: 1. The applicant shall comply with the Engineering Comments; 2. The building shall have no more than 2 feet of exposed foundation; 3. The applicant shall file an ANR to merge the lots; and 4. The applicant shall post a bond to replace the University Avenue curb once the moratorium on University Ave has ended. T. Hovey seconded the motion. The motion passed unanimously, (5-0). III. Other Business 30 Plymouth Street, 01854 – Variance Extension Request Plymouth Street House Corporation has applied for an extension to their Variance approval issued by the Zoning Board in April 2023. The applicant obtained Variance approval to construct a two-family home at 30 Plymouth Street. On Behalf: Paul Matthews, Applicant’s Representative P. Matthews said they are in the process of getting funding, and there have been delays in securing the funding. P. Matthews said work will either align with next December or May. Discussion: D. McCarthy said the Board can only extend the Variance for 6 months. S. Callahan said he believes the Variance may have already lapsed. D. McCarthy said the Board can vote and allow the Law Department to determine if the Board has standing to extend the approval. D. McCarthy noted that decisions are not immediately filed with the Clerk’s Office. S. Callahan asked when the extension was filed. D. Ricker said he does not have the exact date, but can provide the date once back at the office. T. Hovey said he is supportive and if needed the Law Department can make a determination. V. Pech noted that DPD staid the petition was received prior to the date on the application. V. Pech said the extension will be for 6 months. S. Callahan said DPD staff can determine the date the extension was filed, and if it was prior to April 3 rd then the extension is valid. Board members agreed to add this as a condition. Motion: D. McCarthy motioned to approve the extension with the following condition: 1. The Variance extension was applied for prior to the expiration of the Variance. S. Callahan seconded the motion. The motion pass unanimously, (5-0). Minutes for Approval: 4/8/2024 meeting minutes D. McCarthy motioned, and G. Procope seconded the motion to approve the 4/8/2024 meeting minutes. The motion passed unanimously, (5-0). IV. Adjournment D. McCarthy motioned and S. Callahan seconded the motion to adjourn the meeting. The motion passed unanimously, (5-0). The time was 7:18PM.