Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes August 12, 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 Members Absent: Member Nickerson Others Present: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 8/12/2024 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 II. New Business ZBA-2024-30 Petition Type: Special Permit Applicant: Douglas Giorgiani Property Located at: 1599 Middlesex Street 01851 Applicable Zoning Bylaws: Section 6.3 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Douglas Giorgiani to install an illuminated sign for their business located at 1599 Middlesex Street. The subject property is located in the Regional Retail zoning district. The proposal requires Special Permit approval under Section 6.3 for an internally illuminated sign, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Justin Parker of Classic Signs appeared on behalf of his client. He said the applicant is seeking a Special Permit to install a double faced electronic message system sign. The new sign will go on the pre-existing post. It will also be smaller than the previous sign. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope asked what the hours of illumination will be. J. Parker said the applicant would like a couple hours before and after the close of the business. M. Briere had no comments. D. McCarthy said typically the Board conditions the hours of illumination. He asked if J. Parker knew the business hours. J. Parker said he assumed it was standard business hours. D. McCarthy proposed a condition to only run the sign at the opening of business until 7PM. He asked what is happening to the old sign. J. Parker said the existing sign is being moved. S. Callahan said he was curious what will be written on it. People in the past have tried to rent out their signage to other businesses. J. Parker said it will only be used to advertise the applicant. T. Hovey had no comments. V. Pech concurred with his colleagues. Motion: D. McCarthy motioned to approve the Special Permit with conditions. G. Procope seconded. The vote was unanimous (5-0). 1. The hours of illumination will be one hour before sunrise until 8 PM. ZBA-2024-27 Petition Type: Variances Applicant: Summer Favor LLC Property Located at: 20 Favor Street 01852 Applicable Zoning Bylaws: Section 8.1 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Summer Favor LLC to convert the existing historic building to a 12-unit residential building. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The proposal requires Variance approval from the Zoning Board of Appeals per Section 8.1 for relief from the minimum lot area per dwelling unit, minimum off-street parking, and usable open space per dwelling unit requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary representing Summer Favor LLC. Leo Monteiro is the principal of the LLC and was also in attendance. M. Hamor was in attendance as the Engineer for the project. J. Geary gave a brief description of the relief being sought. The lot is about 8500 square feet and there is a vacant building on the property that is dilapidated. The building was constructed in 1890 and was designed by the same architects as City Hall. J. Geary summarized how the project meets the Special Permit requirements. City expressed support of the residential density on the site. The property is by South Common, 800 feet from the Gallagher Terminal, and on the border of the TOD zoning district. Leo Monteiro has been working with the City to clean up the site. The building will be a mix of one and two bedroom units. There will be a bike storage area. J. Geary said they will need a Variance for lot area per dwelling unit, stating that the size of the building poses a hardship. They will need a Variance for usable open space, which is mitigated by its proximity to South Common. They will also need a Variance for the parking requirement of 2 spaces per dwelling unit. The property is in close proximity to the train station and near parking garages. The redevelopment of this project could serve as a catalyst of development for the neighborhood. Staff has expressed support for the project. M. Hamor presented the site plan and elevations. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere expressed support for the project and noted it will help revitalize the neighborhood. D. McCarthy expressed support to L. Monteiro. Happy to see the Lowell Forward plan being used. Believes housing is the best use for the property. He asked about the number of street trees being provided. M. Hamor said there are two street trees. D. McCarthy asked if it is possible to provide handicap access to the units. L. Monteiro said the building is built on a grade and handicap access couldn’t be provided without installing significant infrastructure. He also noted that he plans to put fruit trees in between the planters where the schoolyard used to be. D. McCarthy asked if it will be a 100% electric building. L. Monteiro confirmed, stating that the project will use things like heat pumps and electric bike chargers. D. McCarthy also noted there are many spaces in parking garages near the site. S. Callahan echoed the sentiments of his colleagues. The project meets all the criteria for Variance approval. He asked if they will all be rentals. L. Monteiro said it will be market rate rentals and they will provide property management. T. Hovey noted that the neighborhood is facing significant challenges and the project is great for the neighborhood. G. Procope concurred with his colleagues. Expressed his thanks to L. Monteiro for taking on difficult projects. V. Pech concurred. It will benefit everyone in the neighborhood. Motion: D. McCarthy motioned, with M. Briere seconding, to approve the Variances. The vote was unanimous (5- 0). ZBA-2024-31 Petition Type: Special Permit Applicant: Farley White Pawtucket LLC Property Located at: 1001 Pawtucket Boulevard 01854 Applicable Zoning Bylaws: Section 6.3 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Farley White Pawtucket LLC to install an illuminated sign for their business located at 1001 Pawtucket Boulevard. The subject property is located in the Suburban Mixed Use zoning district. The proposal requires Special Permit approval under Section 6.3 for an internally illuminated sign, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Becca Clifford from Sign Design appeared on behalf of the applicant. They are applying for a special permit to update the signage and add internal illumination. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy asked why they are not illuminating the tenants names themselves. B. Clifford said it is because the tenants may change. D. McCarthy asked what percentage of comerciall space is currently used. M. Doyle, the property manager, said they are at 76% occupied. The other Board members all expressed support. Motion: D. McCarthy motioned, with G. Procope seconding, to issue the Special Permit. The vote was unanimous (5-0). ZBA-2024-28 Petition Type: Variance Applicant: Dalisa Diaz Property Located at: 13 Cunningham Street 01852 Applicable Zoning Bylaws: Section 5.1.6 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Dalisa Diaz to install an above-ground pool at 13 Cunningham Street. The property is located in the Traditional Neighborhood Single-Family (TSF) zoning district and requires Variance approval under Section 5.1.6 and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Dalisa Diaz, the applicant, represented herself. Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said it is an oddly shaped lot. He asked what is being proposed for fencing. D. Diaz said there is a wooden fence surrounding the property and that the neighbors actually live on the side of their property facing Fruit Street. Therefore, the pool will not be near their neighbors. T. Hovey asked to confirm the setbacks. P. Cutrumbes provided them. Expressed support. G. Procope expressed support. M. Briere had no questions. D. McCarthy said the layout makes sense. Google Earth says there used to be a pool. D. Diaz said they formerly had a pool that was non-compliant, so they took it down. V. Pech had no concerns. Motion: D. McCarthy, with S. Callahan seconding, motioned to approve the Variance. The vote was unanimous (5- 0). III. Other Business Minutes for Approval: 7/22/2024 D. McCarthy motioned and S. Callahan seconded the motion to approve the minutes. The motion passed unanimously, (5-0). IV. Adjournment D. McCarthy motioned and S. Callahan seconded the motion to adjourn the meeting. The time was 7:23 PM.