Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes November 25, 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 Nickerson Others Present: Francesca Cigliano, Senior Planner The following represents the actions taken by the Zoning Board of Appeals at the 11/25/2024 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-2024-58 Petition Type: Variances Applicant: Franco American Holdings, LLC Property Located at: 357 Pawtucket Street 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Franco American Holdings, LLC has applied to the Zoning Board of Appeals to construct an 80- unit mixed-use building at 357 Pawtucket Street. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the maximum height, and maximum stories requirements, and for any other relief required under the Lowell Zoning Ordinance. ZBA-2024-59 On Behalf: Steve Panagiotakos, Applicant’s Representative David Jordan, Applicant’s Architect Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said this project will add a lot to the city. Impressive. The new entrance location seems better. G. Procope asked about landscaping plan. D. Jordan said they would be submitting a full landscaping plan. M. Briere said he would be voting in favor. D. McCarthy asked what changed from old to new site plan. D. Jordan said the entrance location was at the north end of Fanning Street; we’ve added an entrance that would bring the entrance closer to Pawtucket Street. D. McCarthy said in previous conditions, transportation demand management plan. Can anyone speak to what they plan to accomplish? D. Jordan said traffic group is working on it. D. McCarthy asked if this project would link with UML or the Gallagher terminal. S. Panagiotakos said naturally there will be UML tenants because of the location. We expect that will continue. As far as official arrangement, no. S. Panagiotakos said as that starts to take root, would be looking to see how they could help. Brian McGowan has other properties on Merrimack Street. D. McCarthy said he loves the project and is in favor. S. Callahan said the project makes total sense. T. Hovey said he is very familiar with the school. Went to school there for 9 years. T. Hovey said there are cars from Franco. T. Hovey asked if there is a plan to get those cars off of Fanning. B. McGowan said this project would 2 spaces per unit on-site. V. Pech said great project for the city. I like the upgraded plans. Motion: D. McCarthy motioned to approve the variances with the following conditions: 1. The applicant shall submit a landscape plan subject to DPD approval that incorporates landscaping zones shown on renderings prior to applying for a building permit; 2. The applicant shall obtain final approval from the LRWWU prior to applying for a building permit; and 3. The applicant shall submit a Transportation Demand Management (TDM) plan and brief trip generation memo prior to applying for a building permit. The motion was seconded by M. Briere and passed unanimously, (5-0). Petition Type: Variances Applicant: Himansu Patel Property Located at: 21 Katherine Drive 01854 Applicable Zoning Bylaws: Variances Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Himansu Patel for Variance approval to construct a front porch addition to the existing single-family home at 21 Katherine Drive. The subject property is located in the Suburban Single-Family (SSF) zoning district. The project requires Variance approval per Section 5.1 for relief from the Floor Area Ratio (FAR) requirement and any other relief required under the Lowell Zoning Ordinance. On Behalf: Himansu Patel, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said proper posting did not occur. There is no sign posted at the property. This procedural matter prohibits us from voting. D. McCarthy said there needs to be a sign posted there at least 14 days before hearing. That being said, application in front of us has some misleading material that I’d like to see corrected. Site plan things that are already built. Site plan needs to only show what is being proposed. Zoning table document and FAR number is not accurate. Should show current FAR and proposed FAR. D. McCarthy asked if they would need to get a variance for the work that already occurred that exceeds FAR. F. Cigliano said she thinks no but will double check. S. Callahan said signage needs to get up. T. Hovey asked when addition in the rear was added. H. Patel said last year. T. Hovey said the rear setback has two different measurements on it. G. Procope echoed the same sentiments. The sign was not there. To be consistent as a Board, we would not want to vote on this unless neighbors are properly notified. Motion: D. McCarthy motioned and G. Procope seconded the motion to continue the item to the January 13 ZBA meeting. The motion passed unanimously, (5-0). ZBA-2024-60 Petition Type: Variances Applicant: Jayshree Trivedi Property Located at: 65 Leonard Circle 01854 Applicable Zoning Bylaws: Section 5.1 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Jayshree Trivedi to construct an attached carport at 65 Leonard Circle. The subject property is located in the Suburban Single-Family zoning district. The project requires Variance approval per Section 5.1 for relief from the minimum side yard setback requirement and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Jayshree Trivedi, the Applicant Hooshmand Afshar, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said that H. Afshar said in zoning analysis – 10SUM25. Sought relief 9 feet. H. Afshar said that is a typo. Sum is probably 14ft. D. McCarthy asked about a drainage easement. H. Afshar said there is likely a drainage pipe. Not sure. J. Trivedi said there is a drainage pipe. D. McCarthy suggested including a condition that the applicant correct the site plan to include correct side yard setbacks with 14 ft provided and 11ft of relief sought. VP said this is more of a clerical issue than a request for substantive relief. Motion: D. McCarthy motioned and G. Procope seconded the motion to approve the variance with the following conditions: 1. The applicant shall submit a revised site plan showing a corrected side yard setback prior to applying for a building permit. The motion passed unanimously, (5-0). III. Other Business Election of Officers The Members voted to elect officers at their 9/9 ZBA meeting and therefore did not vote. 11/14 ZBA Meeting Minutes D. McCarthy motioned and G. Procope seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). D. McCarthy said he looks forward to seeing Board members at the City of Lights parade. G. Procope said happy Thanksgiving to all. IV. Adjournment D. McCarthy motioned and S. Callahan seconded the motion to adjourn the meeting. The motion passed unanimously, (5-0). The time was 7:23PM.