Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes 4/28/2025 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: Francesca Cigliano, Senior Planner The following represents the actions taken by the Zoning Board of Appeals at the 4/14/2025 meeting. This meeting was held in the City Council chambers. Attendees had the ability to participate via Zoom as permitted by Chapter 2 of the Acts of 2025, signed into law on March 28, 2025. Chairman Pech called the meeting to order at 6:30 PM I. Continued Business ZBA-2025-4 Petition Type: Variance Applicant: Vannara Nhar Property Located at: 73 Inland Street 01851 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 Vannara Nhar to enclose their existing front porch at 73 Inland Street. The subject property is located in the Traditional Single Family (TSF) zoning district. The project requires Variance approval per Section 5.1 for relief from the maximum Floor Area Ratio, the maximum front yard setback, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: D. McCarthy motioned and S. Callahan seconded the motion to continue the petition to the May 12, 2025 ZBA meeting. The motion passed unanimously, (5-0). ZBA-2025-13 Petition Type: Special Permit Applicant: New Cingular Wireless PCS, LLC Property Located at: Right-of-Way Adjacent to 11 Crowley Street, 01852 Applicable Zoning Bylaws: Article 7.6 Petition: The Lowell Zoning Board of Appeals will hold a public hearing to hear all interested persons relative to an application by New Cingular Wireless PCS, LLC to install a replacement wireless small cell facility on an existing utility pole in the public right-of-way adjacent to 11 Crowley Street. The subject area is located in the Traditional Two Family (TTF) zoning district. The project requires Special Permit approval from the Lowell Zoning Board of Appeals per Section 7.6 of the Lowell Zoning Ordinance, and any other relief required under the Lowell Zoning Ordinance. On Behalf: Edward Pare, Applicant’s Attorney Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said no questions or issues. This is self explanatory. T. Hovey said no questions or concerns. D. McCarthy said he likes seeing how the technology keeps getting smaller and smaller. Impact is negligible. S. Callahan said he is surprised. Haven’t dealt with a lot of antennas. J. Nickerson said no questions. V. Pech said this is straightforward, no questions. Motion: D. McCarthy motioned and G. Procope seconded the motion to approve the Special Permit. The motion passed unanimously, (5-0). II. New Business ZBA-2025-14 Petition Type: Variances Applicant: Luis Zapatier Property Located at: 23 W Fifth Street 01850 Applicable Zoning Bylaws: Section 6.1 Petition: Luis Zapatier has applied to the Lowell Zoning Board of Appeals seeking to convert an existing three-family structure into a four-family structure at 23 W Fifth Street. The property is located in the Traditional Neighborhood Multifamily (TMF) zoning district and requires Site Plan Review approval under Section 11.4.2(2) and Special Permit approval under Section 12.1(c). The project also requires Variance approval under Section 5.1 for the minimum lot area per dwelling unit and minimum usable open space per dwelling unit requirements, under Section 6.1 for relief from the off-street parking requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Luis Zapatier, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey said the request for permit sign isn’t up. T. Hovey suggested continuing the item to give them time to get the sign up. S. Callahan said some site plan deficiencies exist as well. D. McCarthy said it would behoove you to review the comments and come back with a strategy to address each of the comments. Motion: D. McCarthy motioned to continue them petition to the May 29, 2025 meeting. The motion was seconded by G. Procope and passed unanimously, (5-0). ZBA-2025-15 Petition Type: Variances Applicant: Han Pham Property Located at: 1284 Varnum Ave 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Han Pham has applied to the Zoning Board of Appeals to construct a rear addition to the existing single-family home at 1284 Varnum Avenue. 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 Floor Area Ratio (FAR), and for any other relief required under the Lowell Zoning Ordinance. On Behalf: AZ Smart Builder, Applicant’s Contractor Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said the request for permit sign is not up. I would suggest that we continue this. Seems like a simple application but there is a signage requirement - 14 days prior to the hearing it needs to be up. S. Callahan said the site plan has some missing elements. It just says proposed addition, but it is on top of the deck. There has to be a note that says the deck is to be razed. The site plan needs to be corrected. T. Hovey said elevations should also be submitted to show how tall this addition is going to be. Motion: D. McCarthy motioned and S. Callahan seconded the motion to continue the petition to the May 29, 2025 meeting. The motion passed unanimously, (5-0). III. Other Business Minutes for Approval: 4/14/2025 D. McCarthy motioned and S. Callahan seconded the motion to approve the 4/14 meeting minutes. The motion passed unanimously, (5-0). I. Adjournment D. McCarthy motioned and S. Callahan seconded the motion to adjourn the meeting. The time was 6:54PM.