Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes October 28, 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 Hovey Members Absent: Member Procope, Member Nickerson Others Present: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 10/28/2024 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-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 Lowell 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. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: V. Pech noted the applicant did not do the public notice requirements. The Board has previously continued. S. Callahan asked P. Cutrumbes what the status was. P. Cutrumbes said he and D. Ricker have walked the applicant through the public notice process a few times. S. Callahan said he is in favor of continuance. D. McCarthy recommended continuing a few meetings out to give the applicant more time to figure out the legal ad. T. Hovey asked P. Cutrumbes when the last time staff spoke to applicant was. P. Cutrumbes said last week. V. Pech concurred with his colleagues and noted that it is the last continuance they can get. Motion: D. McCarthy motioned to continue the matter to the 12/9 meeting, seconded by T. Hovey. The vote was unanimous (5-0). II. New Business ZBA-2024-47 Petition Type: Variance Applicant: De La Cruz Properties Property Located at: 430 Wilder Street 01851 Applicable Zoning Bylaws: Section 6.3 Petition: De La Cruz Properties has applied to the Lowell Zoning Board of Appeals to erect a freestanding sign at 430 Wilder Street. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The project requires Variance approval per Section 6.3 for freestanding signage in the TMF zone, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Lynn Pease from Dawns Sign Tech, the sign contractor. The applicant has an identical property on Pine Street and was able to get a sign by right. Both parcels, though in proximity, lie in different zoning district. This one needs a Variance. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey asked if the sign will have internal illumination. Lynn said no. M. Briere had no comments. D. McCarthy expressed support for the sign and its location. S. Callahan concurred with his Board members. He asked if the “vacancy” portion of the sign will change one day. Lynn noted it is not vacant now. That portion of the sign on the plan is just to show it is removable. V. Pech agreed Motion: D. McCarthy motioned to issue the Variance, seconded by T. Hovey. The vote was unanimous (5-0). ZBA-2024-48 Petition Type: Variance Applicant: Alton Phouvong Property Located at: 29 Dover Street 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Alton Phouvong has applied to the Lowell Zoning Board of Appeals to convert the existing single- family home at 29 Dover Street to a two-family home. The subject property is located in the Traditional Two-Family (TTF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum lot area per dwelling unit, minimum frontage, minimum side yard setback, and minimum usable open space per dwelling unit requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, the applicant’s counsel, and Matt Hamor, the applicant’s engineer appeared on behalf. J. Geary gave a summary of the project. The applicant is seeking Variances under Section 5.1 in order to convert the property from a single family to a two family residence. The lot is just over 7,000 sq ft. It is located in the TTF zoning district, in a densely settled neighborhood. J. Geary ran through the comments from staff. Staff noted that most work is interior, except for creating parking and minor landscape work like pruning. The plan is about 500 sq ft per unit short on lot area per dwelling unit, but this is similar to other lots in the neighborhood. The required frontage is 50 feet, which needs relief, but is also comparable to other lots in the neighborhood. The usable open space cannot be provided because the area needs to be used for the parking. The applicant felt parking on site was necessary due to on-street parking congestion on Dover Street. J. Geary stated the property is diagonally across the street from a public park. J. Geary noted that staff has asked for the preservation of as many trees as possible, but specifically the large pine providing public shade. The applicant has spoken to an arborist and confirmed this tree, as well as some others, can be preserved. Two family housing helps the City add “missing middle” housing that is critical to addressing the housing crisis. M. Hamor presented the Site Plan. The structure will remain in the same spot, as the majority of work is interior. There is a long driveway leading to a parking area in the rear that will be newly created. M. Hamor is working with the LRWWU on meeting the stormwater requirements and addressing drainage. There is a significant amount of snow storage along the side of the driveway or perimeter of the parking area. He then discussed the elevations. There will be a combined entranced for both units, as well as a private entrance for unit 2, on the left side. There will be a private entrance for unit 1 on the right side. M. Hamor gave a brief summary of the floor plans. J. Geary noted that the project matches the neighborhood, benefits the City by restoring a dilapidated building to two new housing units. The hardships in this scenario are the unique dimensions and the state of the structure. J. Geary also brought letters of support for the Board. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said the petition is essentially an interior retrofit that is consistent with the neighborhood, meets the parking requirement, and only needs minimal relief. It will be beneficial to the City. D. McCarthy said he likes the project. He asked how much of the second floor actually exists today, because the living area on the Assessor’s Map does not match the size of the building on the plan. Are you building a second floor? That would be new construction. J. Geary said the applicant ensures there is a second floor in the barn. D. McCarthy said that the City documents are 1,000 square feet lower than those shown on the plan. J. Geary said the barn has a second floor that is not considered living space by the Assessor, but that the footprint isn’t changing and all work is interior. D. McCarthy appreciated the work to preserve trees on site. S. Callahan said that it would benefit the area, and that DPD has spoken favorably. T. Hovey asked if this will be owner occupied. J. Geary said yes. T. Hovey asked how long the building has been vacant/fallen into disrepair. J. Geary said two years. T. Hovey said this is good for the neighborhood. V. Pech concurred with his colleagues and noted multiple neighbors in favor. Motion: D. McCarthy motioned to issue the Variances with the following condition: 1. The applicant shall make every effort to preserve the existing pine tree at the front of the property. If it can’t be preserved, the applicant shall work with DPD to plant additional shade trees on the property, subject to the Department’s approval. M. Briere seconded. The vote was unanimous. (5-0). ZBA-2024-52 Petition Type: Special Permit Applicant: Tayna Callassa Property Located at: 614 Central Street 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Tayna Callassa has applied to the Lowell Zoning Board of Appeals to operate a pet grooming business at 614 Central Street. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires Special Permit approval per Section 12.4(h) to conduct the proposed use in the TMU zoning district, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Tayna Callassa the applicant, appeared on behalf, with her husband as translator. She noted that there will not need to be long term parking, as it will be pick up and drop off dogs as needed. Her and her have noted a need for this business, especially amongst families in friends within the Brazillian community. Speaking in Favor: None Speaking in Opposition: Fernando Sousa spoke in opposition. He said a dog business should not be there. It does not fit the neighborhood and will cause parking issues. Discussion: S. Callahan asked about Building Commissioners’ comments re: outdoor space for the dogs. She said the animals will not be boarded or there for a long period of time. He noted this is a positive business for the neighborhood. T. Hovey asked if it will be appointments. She said yes. There will be 1 hour blocks, not walk in and clients will not be waiting for significant periods. M. Briere thanked them for starting a new business and expressed support. D. McCarthy echoed M. Briere and thanked the applicant for submitting very thorough plans. D. McCarthy asked if there will be any medications issued there. She said they won’t, that it should be the owners who do that. V. Pech said there are no major concerns or parking issues. He expressed support. Motion: D. McCarthy motioned to approve the Special Permit, seconded by T. Hovey. The vote was unanimously approved (5-0). 213 Chelmsford Street 01851 Administrative Review On 4/8/2024, the ZBA voted to approve the request to operate an esthetician and nail salon school at 213 Chelmsford Street. The ZBA included a condition of approval that states, “The Department of Planning and Development shall conduct a six (6) month administrative review of the school’s effects on parking in the area”. P. Cutrumbes noted that their team, and the Transportation Engineer, have not received any concerns or issues from residents. D. McCarthy said if there had been issues, he’s sure they would have heard. He is happy to have granted approval. T. Hovey commutes through the area every day and noted it has not been a problem. V. Pech noted that a vote is not needed, but that the members had expressed their satisfaction. Minutes for Approval: 10/17/2024 meeting minutes D. McCarthy motioned to approve, seconded by T. Hovey. The vote was unanimous. III. Adjournment A motion to adjourn was made by D. McCarthy, and seconded by S. Callahan. The vote was unanimous. Adjourned at 7:22 PM.