Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes June 24, 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 Briere, Member Procope, Member Nickerson Members Absent: Vice Chair Callahan, Member McCarthy, Member Hovey Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 6/24/2024 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 II. New Business ZBA-2024-22 Petition Type: Variance Applicant: Monica and Eliezer Avelino Property Located at: 24 Trull Lane West, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Monica and Eliezer Avelino have applied to the Zoning Board of Appeals seeking Variance approval to construct an addition to their home at 24 Trull Lane West. The subject property is located in the Suburban Single-Family (SSF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum side yard setback, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Monica Avelino, Applicant M. Avelino said they intend to construct an addition. M. Avelino said they have 4 children and their mother is looking to move in with them. Speaking in Favor: None Speaking in Opposition: None Discussion: J. Nickerson asked where the addition is located, and whether the house will stay at the same level. M. Avelino confirmed this and said they will make it a 2-car garage and add on above to continue with the same roof line. M. Briere said he looks favorably on the petition. M. Briere asked the applicant to address the Building Commissioner’s comments. M. Avelino said she is aware that the space needs to be free-flowing and this will be open. M. Avelino said there will be a stairway from their kitchen to the addition space. M. Avelino said she is willing to do the deed restriction if absolutely necessary, but said the space is for family not for a rental. M. Briere said his concerns were satisfied. G. Procope said he is in favor of the project, and said the proposal is in line with the neighborhood. G. Procope said it is his assumption that the applicant will need the deed restriction. V. Pech said he believes the request is reasonable, and the relief requested is minimal. V. Peach said he would like the deed restriction condition. M. Avelino said other projects in the neighborhood have not had to do a deed restriction, but will if it is necessary. J. Nickerson asked if there is a second kitchen, M. Avelino confirmed there would be. Motion: G. Procope motioned, and M. Briere seconded the motion to approve the Variance. The motion passed unanimously, (4-0). 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: M. Briere and G. Procope asked about DPD enforcement if conditions of approval are not met. M. Briere asked if DPD will manage enforcement regardless of the administrative review, D. Ricker confirmed. V. Pech asked DPD to keep the ZBA apprised of any updates. Minutes for Approval: 6/10/2024 meeting minutes G. Procope motioned, and J. Nickerson seconded the motion to approve the minutes. The motion passed unanimously, (4-0).  IV. Adjournment G. Procope motioned to adjourn the meeting, seconded by J. Nickerson. The motion passed unanimously, (4-0). The meeting was adjourned at 6:47 PM.