Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes May 30, 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: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 5/30/2024 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 II. New Business ZBA-2024-16 Petition Type: Variance Applicant: Samuel Borba Property Located at: 85 Seneca Street, 01852 Applicable Zoning Bylaws: Section 6.1 Petition: Samuel Borba has applied to the Zoning Board of Appeals seeking Variance approval to create a parking area at 85 Seneca Street. The subject property is located in the Traditional Two-Family (TTF) zoning district, and requires Variance approval per Section 6.1.10 for relief from the maximum curb cut requirements, and minimum driveway setback requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said he would be opposed to an additional continuance. T. Hovey said he would go with the will of the Board but expressed concerns about a continuance. G. Procope expressed concerns, and noted the application has been before the Board 3 times, and the materials have not changed with this application. G. Procope noted that the Building Commissioner shared concerns about what is there now, and he is not comfortable with the petition. G. Procope expressed concern that the applicant indicated they would use the site for commercial vehicles and noted he has seen commercial vehicles on the site. G. Procope said he favors a denial. M. Briere agreed with G. Procope’s comments, and said he would be willing to offer a continuance, but this is because he would like the applicant present for the decision. M. Briere said he would allow the petitioner the opportunity to attend a hearing. M. Briere expressed concerns about the petition. J. Nickerson expressed concern that the work was already done and there are commercial vehicles on- site. V. Pech said he would like to give the petitioner the benefit of the doubt and provide them an opportunity to attend the hearing. S. Callahan asked for clarification on the history of the petition. D. Ricker and T. Hovey explained the history of the approval, conditions not being met, and the parking area being significantly bigger. S. Callahan said he would be supportive of granting a continuance to give the applicant an opportunity to be heard. G. Procope said he feels the applicant has been given the opportunity to attend the meeting, and did not show up. S. Callahan requested the applicant appear in person. Motion: G. Procope motioned, and S. Callahan seconded the motion to continue the petition to the June 10th ZBA meeting. The motion passed unanimously, (5-0). ZBA-2024-17 Petition Type: Variance Applicant: Christopher T. Natale Property Located at: 43 Fletcher Street, 01854 Applicable Zoning Bylaws: Section 9.8 Petition: Christopher T. Natale has applied to the Zoning Board of Appeals seeking Variance approval to demolish the existing building and construct a mixed-use building comprised of 20 residential units and 3,442 square feet of commercial space. The subject property is located in the Urban Mixed-Use (UMU) zoning district, and the Multi-Family Overlay – Mid-Rise (MFOM) overlay district. The proposal requires Variance approval per Section 9.8.4 of the Lowell Zoning Ordinance for relief from the minimum lot area per dwelling unit requirement, and any other relief required under the Lowell Zoning Ordinance. On Behalf: George Theodorou, Applicant’s Representative G. Theodorou explained the history of the project, including past approvals. G. Theodorou said they are now requesting 1 Variance for the project, and only 1 is required due to recent zoning changes. G. Theodorou said they were amenable to adding landscaping and said the City owned the lot now, but they will seek to acquire it. G. Theodorou said they would add the iron dome ramps per the Engineering comments. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey said the plans are good, and noted the landscaping comments. T. Hovey said they received the parking allotment letter. T. Hovey said the development is needed and it is an ideal location for the development. M. Briere said he is supportive of the proposal as he was during the prior application. G. Procope expressed support, and said the project will be an asset to the area. S. Callahan agreed, and expressed support. J. Nickerson said the area has new thriving businesses, and the development is needed. J. Nickerson expressed support. Motion: G. Procope motioned, and S. Callahan seconded the motion to approve the Variance. The motion passed unanimously, (5-0). III. Other Business 19-20 Academy Drive – Administrative Review The administrative review for the project located at 19-20 Academy Drive. The applicant was granted Variance approval to convert the existing building into twelve (12) residential units with the condition of an administrative review. The project was completed in January 2024. On Behalf: None Discussion: None Motion: G. Procope motioned, and T. Hovey seconded the motion to continue the petition to the June 24 th ZBA meeting. The motion passed unanimously, (5-0). Minutes for Approval: 5/13/2024 meeting minutes G. Procope motioned, and S. Callahan seconded the motion to approve the May 13 th meeting minutes. The motion passed unanimously, (5-0). IV. Adjournment G. Procope motioned to adjourn the meeting, seconded by S. Callahan. The meeting was adjourned at 7:07 PM.