Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes 3/24/2025 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 Briere, Member Procope, Member Hovey, Member Nickerson Members Absent: None Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 3/24/2025 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-2025-6 Petition Type: Variance Applicant: Kimseng Seng Property Located at: 180 Liberty Street, 01851 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 Kimseng Seng to add a takeout restaurant to their existing convenience store. The subject property is located in the Traditional Mixed-Use (TMU) 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: Jessica Kennitt, 180 Liberty Street J. Kennitt said they are seeking to add a takeout restaurant to the existing convenience store and there will be no seating. K. Kennitt said they want to add the takeout restaurant to increase business for the store, and said there will be no seating. Kimseng Seng, 180 Liberty Street Speaking in Favor: Vesna Nuon V. Nuon said he understands the traffic issues in the area, V. Nuon said the convenience store has been there for years and the owner has been a good neighbor. V. Nuon said the business has been struggling since Covid and without this additional income they may close the business. V. Nuon noted there will be no seats and the restaurant will help provide income to keep the business running. V. Nuon said the owner would accommodate any conditions the Board puts on the application. Speaking in Opposition: Deborah Felton, 183 Liberty Street D. Felton said they live across the street from the proposed takeout restaurant and said there is a lot of traffic and minimal parking in the area. D. Felton said the proposal will add to the traffic and parking issue in the neighborhood. D. Felton said it is hard to exit the driveway because people block their driveway. D. Felton said trash is a problem because people drop trash outside of the store and it blows into their yard. D. Felton expressed opposition. Bradley Felton, 183 Liberty Street Discussion: G. Procope said he needs more information about the project to make a decision. G. Procope said he does not feel the dimensions provided are specific enough, and said he wants more information on parking. M. Briere asked staff about parking and confirmed there were 2 off-street spaces on the site. D. Ricker confirmed. M. Briere asked if staff comments meant the 2 spaces were for the business, D. Ricker said these spaces were not necessarily for the business. M. Briere said the business is currently in operation with this amount of parking. D. McCarthy asked if the convenience store will remain in use. J. Kennitt confirmed and said it will be primarily takeout. D. McCarthy asked for the house for the takeout restaurant. J. Kennitt said 8am-6pm and said the takeout will not be open late. D. McCarthy said there are 2 spaces and asked where employees will park. K. Seng said they are parking on the property. D. McCarthy said the proposal makes sense, and said the applicant is unable to provide additional off-street parking. S. Callahan said he understands the parking concerns. S. Callahan asked how long the convenient store has been in business. K. Seng said 23 years. S. Callahan asked about customers post covid. K. Seng said there are significantly less. S. Callahan asked how payment will be made, and whether there will be 2 checkout locations. J. Kennitt confirmed there will be 2 checkout locations. S. Callahan asked about the proposed layout. S. Callahan said the proposal is workable. S. Callahan said he leans toward supporting the petition and added that he may need more information. T. Hovey asked how the food will be ordered, in person or on the phone. J. Kennitt said a combination of both. T. Hovey asked for average turnaround time for food. J. Kennitt said at most 10 minutes, but they expect a shorter turnaround time. T. Hovey said the food is mainly made before order, J. Kennitt confirmed. T. Hovey said the neighbors have legitimate concerns, however the concerns lie primary with bad manners of customers. T. Hovey said he does not think parking is as much of a strain because customers will not stay there for long. T. Hovey said the requested Variance is only for 2 parking spaces, and it is hard to deny this if the business’s success relies on it. J. Nickerson said his questions were answered. J. Nickerson asked what type of things are sold now. K. Kennit said quick snacks, soda, etc. J. Kennitt said it is taking longer to move products and they are having to throw out more food as it expires. J. Nickerson asked if they will work with Ubereats, etc. J. Kennit said they want to see how the restaurant works first. J. Nickerson said he does not believe this will be a a major issue for the area. V. Pech said he believes this is a good business and understands the reason for the application. V. Pech said he feels the business is not intrusive. V. Pech expressed concern about what might replace the business if it closes. V. Pech expressed support. S. Callahan suggested a condition for a 6 month administrative review. The applicant agreed. Motion: D. McCarthy motioned to approve the application with the following condition: 1. There shall be a 6-month administrative review 6 months after the Occupancy Permit is issued. S. Callahan seconded the motion. The motion passed unanimously, (5-0). II. New Business ZBA-2025-7 Petition Type: Variance Applicant: Duval Sign Company Property Located at: 1201 Bridge Street, 01850 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 Duval Sign Company to erect signage at 1201 Bridge Street. The subject property is located in the Regional Retail (RR) zoning district. The proposal requires Variance approval per Section 6.3 for relief from the maximum size of wall sign requirements, and any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: V. Pech said the item needs to be continued because notices were not mailed. Motion: D. McCarthy motioned, and G. Procope seconded the motion to continue the petition to the April 14 th Zoning Board meeting. The motion passed unanimously, (5-0). ZBA-2025-8 Petition Type: Special Permit Applicant: Care Self Mojo Bodywork Spa, Inc Property Located at: 101-107 Central Street, 01852 Applicable Zoning Bylaws: Article 12.4 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by Care Self Mojo Bodywork Spa, Inc to open a new day spa business at 101-107 Central Street. The subject property Downtown Mixed-Use (DMU) zoning district. The proposal requires Special Permit approval per Article 12.4 to operate a massage therapy establishment, and any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Representative J. Geary said the applicant sold a spa business during covid and has been looking for a new opportunity to open a spa business. J. Geary said the use will increase the range of businesses in the DMU zone and will activate the storefront. J. Geary said the use will have an active downtown business. J. Geary said the applicant is aware any signage must go before the Historic Board. J. Geary said the business will operate 7 days per week 9am-9pm on an appointment only basis. J. Geary noted there is no parking requirement downtown. J. Geary said staff had concerns with their initial floor plan which showed a treatment room blocking the front window. J. Geary said the concern is legitimate and the floor plans have been revised to show a significant lobby/reception area with only 3 massage rooms total. J. Geary said the Economic Development team is supportive. Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere thanked the owner for their investment in Lowell and expressed support. M. Briere said his only questions were related to the floor plan and these concerns were addressed. D. McCarthy expressed support for the petition with the revised floor plans. S. Callahan said he is supportive of the new plans and his concerns have been alleviated. T. Hovey expressed support with new plans. J. Nickerson said he is supportive with the new plans. G. Procope said his questions were addressed. V. Pech said he had no concerns and it will be a good addition to the downtown. D. McCarthy said he would like a condition that the revised plans be submitted to DPD if they have not already. Motion: D. McCarthy motioned to approve the petition with the following condition: 1. The applicant shall submit a revised copy of the floor plans to DPD if they have not already. S. Callahan seconded the motion. The motion passed unanimously, (5-0). ZBA-2025-9 Petition Type: Variance Applicant: Marc Poirier Property Located at: 326 Cumberland Road, 01850 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 Marc Poirier to construct a single-family home at 326 Cumberland Road. The subject property is located in the Traditional Single-Family (TSF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum lot area and minimum lot area per dwelling unit requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Representative J. Geary summarized the proposal. J. Geary explained the relief required. J. Geary said property is on a corner lot, explained the lot, and surrounding property uses. J. Geary said the lots in the area tend to be smaller and cited the staff memo. J. Geary said at least 4 off-street parking spaces will be provided. J. Geary said they provided a colorized streetscape showing how the home will look on the lot. Matt Hamor, Applicant’s Engineer M. Hamor summarized the proposed plans and layout including topography. M. Hamor explained the landscaping plan which includes rear arborvitaes, 2 shade trees along Orleans St and 1 Japanese Maple on the corner, along with boxwoods along the driveway. M. Hamor said existing tree in rear will remain. M. Hamor explained elevations. J. Geary said he believes they meet criteria for a Variance, the proposal meets the character of the neighborhood, and satisfies the intent of zoning. J. Geary said the single-family home will be professionally landscaped and will add to the real estate tax revenue for the city and complies with the Lowell Forward Plan. J. Geary said the lot topography and the owner’s need to upkeep lot creates a financial hardship. Speaking in Favor: Charles Latulippe, 14 Lupine Rd C. Latulippe said the plans appear to fit into the neighborhood and said the property has 4 off-street spaces. C. Latulippe said he lives at the bottom of Orleans St and there are a lot of cars on the road and at least the applicant offers off-street parking. C. Latulippe said the home fits in with the neighborhood. Keith Poirier, 60 Essex St K. Poirier expressed support because it provides needed housing to City, and provides 4 parking spaces. K. Poirier said the City needs people investing in the community. Corey Berard, 80 Fisher St C. Berard expressed support and said it will increase property values and increase tax revenue for the City. Speaking in Opposition: Greg Delp, 318 Cumberland Rd G. Delp read into the record a petition people in the neighborhood have signed. G. Delp said they oppose the petition due to a lack of parking and lack of on street parking. G. Delp said the home would make the issue worse by reducing on street spaces. G. Delp expressed concern about traffic safety, specifically the Orleans St & Cumberland St corner. G. Delp said the hill is steeper than the pictures show. G. Delp said the zoning laws are in place to prevent this type of development. Scott Entwistle, 317 Cumberland Rd S. Entwistle said the lot is steep and full of ledge. S. Entwistle expressed concern there may need to be blasting. S. Entwistle expressed concern about limited parking. S. Entwistle said the lot is much steeper than presented. Corey Robinson C. Robinson said the parcel is very sloped. C. Robinson said the stormwater comments have not been discussed yet. C. Robinson asked where stormwater will go. C. Robinson expressed concern about the slope. C. Robinson said the Board should address these concerns. David Nicholaou, 119 Orleans St D. Nicholaou said a home on the lot would be stuffing a house onto a small lot. D. Nicholaou said this area has cars parked on street constantly. D. Nicholaou said it will impact people who need to park on the street negatively. Barbara Drolet, 89 Orleans St B. Drolet expressed concern about potential ledge blasting, and who is responsible for damage to other homes. B. Drolet said in the winter this area is icy and it is a hazard. B. Drolet expressed concern with speeding. Discussion: J. Geary said overriding concern is parking and they are providing 4 off-street spaces. J. Geary said they are only taking 15 feet of street parking. J. Geary said it will not exasperate parking issue in the neighborhood. D. McCarthy asked about document showing undersized lots. D. McCarthy noted other undersize lots in the immediate area. D. McCarthy said the lot is larger than many surrounding lots. D. McCarthy asked about the visualization and slopes. J. Geary said it is accurate. D. McCarthy said he visited the site and as an architect agrees the steepness and representation is accurate. D. McCarthy asked about drainage, and asked about subsurface material. D. McCarthy asked about how the ledge breakup may impact abutters. M. Hamor said there is a ledge outcropping on property. M. Hamor said the foundation will require minimal excavation for the foundation, M. Hamor said 4ft-6ft of excavation. M. Hamor said if they encounter ledge they will have to work with Building Dept prior to excavating ledge. M. Hamor said he does not believe there will be a major problem. M. Hamor said if the garage was further from street the home would move toward the ledge. M. Hamor said the landscaping will be improved. D. McCarthy said the parking area slopes east, and said the water will not enter Cumberland Rd. M. Hamor said a stormwater system is proposed. D. McCarthy said he would recommend you work with DPD to determine the appropriate drainage system on site with review by stormwater. D. McCarthy asked if the pavement will shed water off site. M. Hamor said no it will not drain offsite and said there will be a reduction in off-site stormwater. D. McCarthy noted the curbcut will not remove a full parking space from on street parking. D. McCarthy said the off-street parking requirement is exceeded on site. D. McCarthy expressed support for the shade trees. S. Callahan said he would Mr. Entwistle complete his comment. S. Entwistle said there may be visitors to the home who will park on the street. S. Entwistle said he believes existing lots are not what is being reviewed, the home is being built today. S. Entwistle said he doesn’t believe the rendering accurately depicts the steepness. S. Callahan said he visited the property and believes the project takes into account the topography. S. Callahan said based on the variance criteria the hardship is met. S. Callahan said the property has been vacant and underutilized for decades. S. Callahan said topography is clearly an issue and the lot is unique. S. Callahan said surrounding lots are much smaller. S. Callahan said the only relief required is 792 sq ft. S. Callahan the Board exists for applicants to ask for relief from the ZBA and the variance criteria are met. S. Callahan explained how the criteria is met, and said the relief is minimal. T. Hovey said the neighbors have legitimate concerns, but concerns are more related to the neighborhood than the specific project. T. Hovey said the garage setback request allows the applicant to provide additional off-street parking which is a benefit. T. Hovey said the relief is only 792 sq ft which is minimal for an additional unit. T. Hovey said the applicant is going beyond the required parking and the 792 sq ft is not a big ask. T. Hovey expressed support. J. Nickerson asked for the sq footage of the new home, J. Geary said about 1700 sq ft. J. Nickerson said he lives in the neighborhood and lives in an undersized lot. J. Nickerson said the relief requested is minimal and expressed support. G. Procope said he likes the proposal presented and agreed that the home will be a positive addition to the neighborhood. G. Procope said his concern is the stormwater system. G. Procope said the stormwater team should be involved. M. Hamor said the drainage on the property is proposed to be located in rear of property and driveway is pitched for drainage to shed water on the same property. M. Hamor said they will work with the stormwater team to provide necessary drainage. G. Procope said stormwater is his concern, and he would like the City stormwater team to review. M. Briere said the Board’s review is more in depth than just reviewing a proposed graphic, and said for each application they visit the site, and his decision is based on staff review, zoning bylaws, and a physical visit to the site. M. Briere said the concerns are legitimate, but as a Board member the concerns must be weighed with the benefits and relief required for a petition. M. Briere said denying this petition would not remedy the concerns expressed by abutters. M. Briere said the home would not derogate from the character of the neighborhood. M. Briere said he has consistently voted in favor of new construction on undersized lots, and this lot is only minimally undersized. M. Briere said he could not oppose the petition. V. Pech said he understands concerns of the abutters, but the proposal meets the requirements for a Variance and it will not derogate from the intent of zoning. V. Pech said it will enhance the area and expressed support. V. Pech said there should be a condition for working with the City on stormwater. J. Geary said they are happy to work with Stormwater team on it. D. McCarthy said the condition approval should be on stormwater team approval for stormwater management that could include drainage, subject to DPD approval. J. Geary agreed. D. McCarthy said it is a steep slope and he is aware of the steepness on Orleans Street. G. Procope referenced the Engineering comments, specifically the handicap ramp. M. Hamor showed where the ramp will be and said they will comply with all of the Engineering comments. D. McCarthy said they will add the Engineering comments as a condition. J. Geary agreed. Motion: D. McCarthy motioned to approve the petition with the following conditions: 1. The applicant shall comply with the Engineering comments; and 2. The applicant shall work with the City Stormwater Team to provide appropriate stormwater management that could include drainage. S. Callahan seconded the motion. The motion passed unanimously, (5-0). ZBA-2025-10 Petition Type: Variance Applicant: Bradley Hinkley Property Located at: 199 Mammoth Road, 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 Bradley Hinkley to convert the existing single-family home at 199 Mammoth Road to a two-family home. The subject property is located in the Traditional Two-Family (TTF) zoning district. The project requires Variance approval per Section 5.1 for relief from the minimum lot area per dwelling unit, and minimum usable open space per dwelling unit requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Hooshmand Afshar, Applicant’s Representative H. Afshar said the existing home is in the TTF zone, and explained the proposal. H. Afshar said the footprint is not changing and all proposed alterations are within the existing footprint. H. Afshar said they are providing additional parking above what is required. H. Afshar explained the proposed architecture of the building. H. Afshar said they have complied with staff comments. H. Afshar said they will comply with Engineering comments. H. Afshar said they are amenable to adding a tree as long as it does not impact site lines at the intersection. Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan asked for clarification on ADUs regs and where they are allowed. D. Ricker confirmed they are allowed for two-families. S. Callahan expressed concerns about the lack of living space in the plan. H. Afshar said there are revised plans that he meant to send to DPD. H. Afshar said there were revisions Friday, but were not sent to DPD, but he will provide them tonight. S. Callahan said he wants the petition continued so the revised plans can be thoroughly reviewed. S. Callahan said he is opposed to the initial plans. S. Callahan said he has concerns based on the Building Commissioner’s comments. S. Callahan suggested the petition be continued. M. Briere asked if the Board can move to a continuance to get all documents. V. Pech said the item should be continued so revised plans can be submitted, and the Building Dept can be given time for inspection. D. McCarthy added that a response to all comments should be provided. Motion: D. McCarthy motioned, and M. Briere seconded the motion to continue the petition to the April 14th Zoning Board meeting. The motion passed unanimously, (5-0). ZBA-2025-11 Petition Type: Variance Applicant: Paula Masson Property Located at: 1470 Varnum Avenue ,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 Paula Masson to subdivide an existing 20,017 sq ft lot and create a new conforming lot for a future single-family home at 1470 Varnum Avenue. The proposal requires a Variance per Section 5.1 for relief from the Floor Area Ratio (FAR) requirement for the existing lot, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Joe Clermont, Applicant’s Representative J. Clermont explained the proposed lot, and the proposed new lot they would create. J. Clermont said no Variances would be needed for new lot. J. Clermont said the only Variances required are for garage setback and FAR for the existing home. J. Clermont said there will be no changes to the existing home. J. Clermont said they intend to sell the lot to a potential developer. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey said the garage is existing and he does not have concerns. J. Nickerson said he has no questions and expressed support. G. Procope agreed and said the project will have minimal impact, and expressed support. M. Briere said he has no questions. D. McCarthy agreed and said the proposal is straight forward, and the relief is minimal. D. McCarthy expressed support. S. Callahan agreed. V. Pech agreed and said the petition is straight forward. Motion: D. McCarthy motioned, and G. Procope seconded the motion to approve the petition. The motion passed unanimously, (5-0). III. Other Business Minutes for Approval: 3/10/2025 D. McCarthy motioned, and S. Callahan seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). IV. V. Adjournment D. McCarthy motioned and G. Procope seconded the motion to adjourn the meeting. The time was 8:41PM.