Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes September 23, 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 Hovey, Member Nickerson Members Absent: Member McCarthy, Member Procope Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 9/23/2024 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-2024-36 Petition Type: Special Permit Applicant: Benedito Alcantara Property Located at: 1695 Middlesex Street, Unit 9-11, 01851 Applicable Zoning Bylaws: Section 5.1; Section 6.1.10 Petition: Benedito Alcantara has applied to the Lowell Zoning Board of Appeals to install an internally illuminated sign at 1695 Middlesex Street. The property is located in the Regional Retail (RR) zoning district and requires a Special Permit under Section 6.3 and for any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said the Board can continue the petition since no one is in attendance. V. Pech asked for the next available meeting. D. RIcker said 11/14. S. Callahan said he would support continuing the petition to the 10/17 meeting since it is only a sign permit application. T. Hovey agree. Motion: T. Hovey motioned, and S. Callahan seconded the motion to continue the petition to the October 17 th Zoning Board meeting. The motion passed unanimously, (5-0). ZBA-2024-37 Petition Type: Variances Applicant: Billy Antoine Property Located at: 109 Methuen Street Applicable Zoning Bylaws: Section 5.1 Petition: Billy Antoine has applied to the Lowell Zoning Board of Appeals to convert the existing single- family property to a two-family property at 109 Methuen Street. The subject property is located Traditional Two-Family (TTF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum usable open space per dwelling unit, and minimum lot area per dwelling unit requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Hooshmand Afshar, Applicant’ Representative H. Afshar explained the proposed project. H. Afshar said the project needs relief from the Lot Area per Dwelling Unit requirement. H. Afshar said the property meets the off-street parking requirement. H. Afshar said the lot area is in line with other lots in the neighborhood. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said the relief requested is minimal, and the work is interior. M. Briere said the work is in with the neighborhood and meets the parking requirement. M. Briere expressed support. T. Hovey agreed with M. Briere, and expressed support. S. Callahan expressed support. J. Nickerson said he hates seeing larger homes split up, but can understand they are hard to maintain. V. Pech said the project will add to the housing stock, and is beneficial. V. Pech said he is supportive. Motion: T. Hovey motioned, and S. Callahan seconded the motion to approve the Variance. The motion passed unanimously, (5-0). ZBA-2024-29 Petition Type: Variances and Special Permit Applicant: Manuel Quindi Property Located at: 771 Broadway Street, 01854 Applicable Zoning Bylaws: Section 4.5, and Section 6.1 Petition: Manuel Quindi has applied to the Lowel Zoning Board of Appeals to open a juice shop at 771 Broadway Street. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The proposal requires Special Permit approval from the Zoning Board of Appeals per Section 4.5 to change the use from one nonconforming use to another nonconforming use, Variance approval per Section 6.1 for relief from the off-street parking requirement, and any other relief required under the Lowell Zoning Ordinance. The Legal Ad did not run for this application and it must be continued. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: V. Pech said the legal ad needs to run prior to the meeting, and explained the process. Motion: T. Hovey motioned, and M. Briere seconded the motion to continue the petition to the October 28 th Zoning Board meeting. The motion passed unanimously, (5-0). ZBA-2024-38 Petition Type: Variances Applicant: Walker Street, LLC Property Located at: 113 Walker Street, 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Walker Street, LLC has applied to the Lowell Zoning Board of Appeals to subdivide the existing lot at 113 Walker Street into three (3) lots, maintain the existing single-family home, and construct two (2) duplexes on either side of the existing single-family home on the new lots. The property is located in the Traditional Multi-Family (TMF) zoning district and requires Variance approval under Section 5.1 for relief from the minimum frontage requirement and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Cox, Applicant’s Representative J. Cox explained the existing conditions of the lot and explained the history of the lot. J. Cox said the applicant is now requesting approval for 6 residential units at the property. J. Cox said the proposal needs relief from the frontage requirement, and curbcut relief. J. Cox cited the DPD memo supporting the proposal. J. Cox said the relief would be consistent with the existing neighborhood. J. Cox said the proposal will create more housing and increase tax revenue for the City. Matt Hamor, Applicant’s Representative Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey said the proposal fits with the neighborhood. T. Hovey said the frontage fits with the neighborhood, and the curbut relief is reasonable to provide parking. M. Hamor noted there is no parking on this side of the street. S. Callahan said there is no opposition and DPD is in support. S. Callahan said the proposal first with the neighborhood and expressed support. J. Nickerson asked about the proposed landscaping plan and stormwater plan. M. Hamor said this will be addressed via the Planning Board process. J. Nickerson asked if the units would be rentals. M. Hamor confirmed. M. Briere said he is supportive given the applicant’s efforts to work with the neighborhood. V. Pech expressed support, and said it would benefit the neighborhood. Motion: T. Hovey motioned, and S. Callahan seconded the motion. The motion passed unanimously, (5-0). ZBA-2024-40 Petition Type: Variances Applicant: Renee Hartz Property Located at: 90 Pentucket Avenue, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Renee Hartz has applied to the Lowell Zoning Board of Appeals to construct an addition to the existing single-family home at 90 Pentucket Avenue. 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 maximum Floor Area Ratio (FAR) requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Iris Melendez, Applicant’s Representative I. Melendez said they are requesting relief from the FAR and side yard setback requirement. I. Melendez said revised plans were provided showing accurate information on the site plan. Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan asked if the garage is currently attached to the home. I. Melendez confirmed, and said there is a breezeway connecting the garage to the existing home. S. Callahan said he does not have any concerns. J. Nickerson said he did not have any concerns. M. Briere said relief is minimal and he is in support. T. Hovey asked whether the garage is being razed and replaced. I. Melendez confirmed the garage is being town down and a new garage and addition is being on the same footprint. T. Hovey said he does not have any issues with the proposal. V. Pech said the relief is minimal and he is supportive. Motion: T. Hovey motioned, and S. Callahan seconded the motion to approve the Variances. The motion passed unanimously, (5-0). ZBA-2024-41 Petition Type: Variances Applicant: Jamesco Development, LLC Property Located at: 14 Luce Street, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Jamesco Development Inc. has applied to the Lowell Zoning Board of Appeals to subdivide the existing lot at 14 Luce Street and construct a single-family home on the new lot. The subject property is located in the Suburban Single-Family (SSF) zoning district. Lot A, the site of the existing home, requires Variance approval under Section 5.1 for minimum lot area, minimum lot area per dwelling unit, and any other relief required under the Lowell Zoning Ordinance. Lot B, the proposed site of the new home, requires Variance approval under Section 5.1 for Maximum Floor Area Ratio, minimum lot area, minimum lot area per dwelling unit, and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Representative J. Geary said the applicant is proposing to split the existing lot into 2 lots. J. Geary explained the architectural plans, and said the home was designed to fit the character of the neighborhood. J. Geary said both lots are slightly over 8100 sq ft which is in line with nearby lots. J. Geary said the proposal is in line with the Lowell Forward plan by providing additional housing, and rehabbing the existing home. J. Geart said he has no concerns with the engineering comments, the cultec stormwater system would be included in the building permit application if approved. Dave Desmarais, Applicant’s Surveyor D. Desmarais said they completed the survey and decided to split the lot in the middle. Chris Finneral, Applicant Speaking in Favor: Kevin Fernandes. 538 Andover Street K. Fernandes said he is in favor and the home will look nice. David Slattery, 140 Glenwood Street D. Slattery expressed support. D. Slattery said he takes any development seriously, and he believes the project will be a significant benefit to the neighborhood. D. Slattery said the applicant has a history of improving properties. D. Slattery said the project will enhance the character of the neighborhood. Steve Geary, 25 Knob Way S. Geary said he is in favor of the project. S. Geary said the project is perfect for the neighborhood and firs the lot. S. Geary said the applicant does high quality work that will benefit the neighborhood. John Mattheos, 77 Frothingham Street J. Mattheos said the home will be a great assett to the neighborhood. Barry Golner, 166 Mansur Street B. Golner said the applicant does top notch work and his work improves the neighborhoods he works in. B. Golner said the home will improve and enhance the neighborhood, and expressed support. Patrick Coughlin, 86 Frothingham Street P. Coughlin expressed support and said the home will improve the lot. G. Sheehan, 238 Butman Road G. Sheehan expressed support. G. Sheehan said a home was constructed next to her home, and she had initial concerns but in the end it enhanced the neighborhood. G. Sheehan said she supports the project. V. Pech read 2 additional letters of support into the record. Speaking in Opposition: None Discussion: J. Nickerson said he has no questions. M. Briere said the project will enhance the neighborhood and he will vote in favor. T. Hovey asked about the driveway dimensions since a driveway was not included on the site plan. C. Finneral said the driveway will be 24 ft by 24ft, the same width as the garage. T. Hovey said he’d like to condition the driveway not exceed 24 ft in width, C. Finneral agreed. S. Callahan said it is not typical to have this much support for a new home. S. Callahan said the project will fit in with the neighborhood. V. Pech said it is a good project that will benefit the neighborhood and City. V. Pech expressed support. V. Pech confirmed the driveway condition, J. Geary agreed. S. Callahan asked if the engineering comments should be conditioned, J. Geary agreed. Motion: T. Hovey motioned to approve the Variances with the following conditions: 1. The driveway shall not exceed a 24 foot width; and 2. The applicant shall comply with the Engineering comments. M. Briere seconded the motion. The motion passed unanimously, (5-0). III. IV. Other Business Minutes for Approval: 9/9/2024 T. Hovey motioned, and S. Callahan seconded the motion to approve the minutes. The motion passed unanimously, (5-0). V. Adjournment T. Hovey motioned, and S. Callahan seconded the motion to adjourn. The motion passed unanimously, (5- 0). The time was 7:32pm.