Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes 2/10/2025 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 Procope, Member Briere, 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 2/10/2025 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-2024-49 Petition Type: Variance Applicant: Alexa Fermin Property Located at: 451 Broadway Street 01854 Applicable Zoning Bylaws: Section 6.1.4.3(g) Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Alexa Fermin to open a event space at 451 Broadway Street. The property is located in the UMU zoning district and requires a Special Permit under Article 12.3.g for the proposed use, a Variance under Section 6.1.4.3(g) for relief from the off-street parking requirement, and for any other relief required under the Lowell Zoning Ordinance. *Note this was heard out of order after the New Business portion of the meeting* On Behalf: Alexa Fermin, the applicant. A. Fermin gave a brief update on the business plan. The operating hours will be about 10 AM to 11 PM. They will be focused on church events or offering classes to beauty students. No kitchen, all food will be catering. She noted there are five (5) parking spots on the lot. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy asked how many people they expect to attend events there. A. Fermin said about 20. D. McCarthy noted there will only be 3-4 spaces available for attendees because the business staff has to park as well. He recommended a 6-month administrative review regarding the effect this business has on on-street parking. S. Callahan said the concern from the Board last time was the alcohol license. He noted that the new plan doesn’t denote having a liquor license. T. Hovey expressed concern about the business seeking a liquor license in the future. He has no concern with the church community functions or classes. Parking is more congested on the street at night. A. Fermin said there are more spots on the street at night because many of the residences have off-street parking. T. Hovey expressed concerns about the noise from large gatherings going so late in a residential neighborhood. G. Procope said he does not have a problem with the business idea, but concurs with T. Hovey about the potential of a liquor license. A. Fermin said she may not even do that. G. Procope asked that if they did obtain a liquor license, would they be renting the space out? A. Fermin said yes, but that she and her staff would be on site during any events as well. A. Fermin said her intent is to purchase the property across the street to provide parking. G. Procope expressed support for including an administrative review. M. Briere expressed support and agreed with the administrative review. V. Pech thinks it will provide a valuable service to the community. Concurred regarding the administrative review. Noted that no one has attended in opposition. D. McCarthy clarified that the relief is for 11 parking spaces. The effects of that relief is what will be reviewed. Motion: D. McCarthy motioned to issue the Variance for the off-street parking requirement with the following condition: 1. The Department of Planning and Development shall conduct an administrative review regarding parking in the area after 6 months. Seconded by G. Procope. The vote was unanimous (5-0). D. McCarthy motioned to issue the Special Permit with the same conditions. S. Callahan seconded. The vote was unanimous (5-0). II. New Business ZBA-2025-2 Petition Type: Special Permit Applicant: Atlantic Used Trucks and Salvage Corp. Property Located at: 9 Baldwin Street 01851 Applicable Zoning Bylaws: Section 4.5.2 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Atlantic Used Trucks and Salvage Corp. for Special Permit approval to convert an existing nonconforming use of the property from an automobile salvage company to metal fabrication company. The property is located in the Suburban Mixed-Use (SMU) zoning district and requires a Special Permit under Section 4.5.2 to convert from one nonconforming use to another nonconforming use and for any other relief required under the Lowell Zoning Ordinance On Behalf: Catherine Flood, applicant’s attorney. C. Flood summarized the project. The existing auto salvage company is non-conforming. The applicant is seeking a Special Permit under Section 4.5.2 to convert the business to a metal fabrication company, another non-conforming use. Section 4.5.2 allows this conversion if the proposed use is less detrimental to the neighborhood. The metal fabrication work will all take place inside the building, as opposed to some of the auto salvage work being done outside. This is a positive to the neighborhood. The applicant has addressed City staff comments before the hearing. They have submitted a utility plan as requested. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope asked when the auto salvage materials will be removed. C. Flood said 4/1. G. Procope asked how they will be removed. C. Flood explained that the salvage materials will be moved to the abutting property on the right, which is also owned by the applicant. M. Briere said the concerns of the staff have been adequately addressed. The proposed use is far less detrimental to the neighborhood. D. McCarthy noted that the business seems small but the site is fairly large. Do they expect expansion? The applicant and property owner, Mark Corey, said the new business has a lease in Tewksbury that expired. The building is the same size as the original location in Tewksbury. S. Callahan said the petition makes sense. It is less detrimental to the neighborhood. Asked if the Site Plan is changing. C. Flood said no. The only change is the car materials being moved out. The car materials will be moved by April 1. T. Hovey said it is a positive use of the site and he is favorable. V. Pech echoed his colleagues. Motion: D. McCarthy motioned to issue the Special Permit. Seconded by S. Callahan. The vote was unanimous (5- 0). ZBA-2025-3 Petition Type: Variance Applicant: Isaura Suero Property Located at: 55 Wamesit Street 01852 Applicable Zoning Bylaws: Section 6.1 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Isaura Suero to open a tax and immigration specialist business at 55 Wamesit Street. The subject property is located in the Neighborhood Business (NB) zoning district. The project requires Variance approval per Section 6.1 for relief from the minimum parking requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Isaura Suero, the applicant. The business will be tax services, a Justice of the Peace, and immigration services. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere has no concerns. D. McCarthy asked where the front door of the facility is. I. Suero said the front door is facing the set of lights. The other doors are emergency doors. D. McCarthy noted this is less impactful than the previous laundromat. S. Callahan had no concerns. The neighborhood does not have any significant amount of parking. Agreed with D. McCarthy that it is less impactful than the previous laundromat. T. Hovey had no concerns. G. Procope had no concerns. V. Pech said this is a good use of the building. He is supportive. Motion: D. McCarthy motioned to issue the Variance. Seconded by G. Procope. The vote was unanimous (5-0). III. Other Business 1/27 Minutes for Approval: D. McCarthy motioned to approve the 1/27 minutes. S. Callahan seconded. The vote was unanimous. IV. Adjournment D. McCarthy motioned to adjourn. S. Callahan seconded. The meeting was adjourned at 7:14 PM