Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes 5/29/2025 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 Members Absent: Member Nickerson, Member Hovey Others Present: Francesca Cigliano, Senior Planner The following represents the actions taken by the Zoning Board of Appeals at the 5/29/2025 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-2025-10 Petition Type: Variance Applicant: Bradley Hinkley Property Located at: 199 Mammoth Road 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Bradley Hinkley has applied to the Lowell Zoning Board of Appeals 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 requirement, for relief from the usable open space per dwelling unit requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Hooshi Afshar, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope said the revised plans look a little better. No shade trees added but plans look better. H. Afshar said he is willing to add shade trees. M. Briere said the Building Commissioner is hesitant to grant the variances without an inspection. Doubts attic will meet the building code. D. McCarthy discussed adjacent uses. Plans are a nice upgrade. He agrees with the Building Commissioner regarding the elevations. S. Callahan has similar concerns. The DPD Project Management team said the project needs to comply with the building code. Hesitant to grant relief. S. Callahan asked what the hardship would be. H. Afshar said lack of housing in the city is a hardship. S. Callahan and H. Afshar discussed egress. F. Cigliano recommended that the Board members focus on matters within the purview of the ZBA – the Building Commissioner will deal with egress. V. Pech said relief is in line with abutting uses and he will support the request. M. Briere said he was never opposed to granting relief. Motion: D. McCarthy motioned and M. Briere seconded the motion to approve the application with the condition that the applicant submit a revised site plan prior to applying for a building permit that shows a shade tree added in the northwest corner of the property. The motion passed unanimously, (5-0). ZBA-2025-14 Petition Type: Variances Applicant: Luis Zapatier Property Located at: 23 W Fifth Street 01850 Applicable Zoning Bylaws: Section 5.1; Section 6.1 Petition: Luis Zapatier 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: None Motion: D. McCarthy motioned and S. Callahan seconded the motion to withdraw the application without prejudice. The motion passed unanimously, (5-0). ZBA-2025-15 Petition Type: Variance Applicant: Han Pham Property Located at: 1284 Varnum Ave 01854 Applicable Zoning Bylaws: Section 5.1 Petition: Han Pham has applied to the Lowell 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 Contractor Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said that the requested relief is minimal. D. McCarthy noted that they did not have complete documentation about the proposed addition. The applicant said it would be one story. D. McCarthy suggested including a condition requiring that the addition is one story with a sloped roof. S. Callahan added that they should submit a revised plan indicating that the existing deck is proposed to be razed. G. Procope said he has no issues with the proposed project. Motion: D. McCarthy motioned and S. Callahan seconded the motion to approve the variance with the following conditions: 1. The addition shall be a single-story with a center ridge sloped roof; and 2. The applicant shall submit a revised site plan prior to applying for a building permit showing that the existing deck shall be razed. The motion passed unanimously, (5-0). II. New Business ZBA-2025-20 Petition Type: Variance Applicant: Jaimielee Ayala Property Located at: 532 Gorham Street 01852 Applicable Zoning Bylaws: Section 6.1 Petition: Jaimielee Ayala has applied to the Lowell Zoning Board of Appeals to construct a driveway for the property at 532 Gorham Street. The subject property is located in the Traditional Two-Family (TTF) zoning district. The proposal requires Variance approval per Section 6.1.10 for relief from the driveway setback requirements, per Section 5.3.1 for relief from the landscaped open space requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Jillian Wright, Chess Engineering Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy commended the thorough plans and discussed elevations. It is tight, but he can support it. S. Callahan said it meets the definition of a hardship due to the age of the home. G. Procope said it is a tough spot traffic-wise. M. Briere and V. Pech said no questions or concerns. Motion: D. McCarthy motioned and G. Procope seconded the motion to approve the variances. The motion passed unanimously, (5-0). ZBA-2025-19 Petition Type: Variances Applicant: Lowell Central Electric Co., Inc. Property Located at: 534-556 Chelmsford Street 01851 Applicable Zoning Bylaws: Section 5.1; Section 6.1 Petition: Lowell Central Electric Co., Inc. has applied for Variance approval to construct an eighty (80) unit residential development at 534-556 Chelmsford Street. The property is located in the Suburban Neighborhood Multifamily (SMF) zoning district and requires Variance approval under Section 5.1 for relief from the minimum lot area per dwelling unit, minimum usable open space per dwelling unit, maximum Floor Area Ratio (FAR), maximum building stories, and maximum building height, under Section 6.1 for relief from the off-street parking requirement, and for any other relief required under the Lowell Zoning Ordinance. *M. Briere recused himself from this petition and exited the City Council Chamber.* On Behalf: John Cox, Applicant’s Attorney Matt Hamor, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: Douglas Hausler, 4 Quimby Ave Property Owner’s Attorney D. Hausler said his client is looking for access. This development would render their property useless. The area has been used for access to the rear of 4 Quimby Ave historically for decades. Would like the Board to wait until after meeting with the applicant. Absent that, variances would need to be challenged. They would not pass a legal analysis. Not looking to delay the project indefinitely, the project is a good project. A lot of the relief is not justifiable. Joseph Tarmey, 8 Quimby Ave J. Tarmey said that the project will have an impact on a congested intersection. There are concerns about environmental contaminants. Nothing is on file at the Lowell Fire Department. It is an out of place modern development next to historic houses. Margo Martell, 8 Quimby Ave There are buried things in the soil and it should not be able to be built on. There are concerns about the disturbed soil. Joseph Tarmey Jr., 8 Quimby Ave Some traffic analysis should be done. Discussion: J. Cox said this is the third public hearing related to the application. There are venues to file complaints about access relative to 4 Quimby Ave – housing courts. I don’t think the ZBA or Planning Board should be deciding whether there is access. This big property isn’t being utilized at all. We have completed an environmental report. The developers wouldn’t put 80 units of housing on dirty land. This is a fabulous project. Nothing is on the land right now. Easements are for the courts to decide. The Board should stay within the realm of the application. S. Callahan said that he understands the concerns from the neighbors. He is confident that the concerns can be alleviated. S. Callahan reviewed the relief being sought. He believes they have a clear hardship. Adding housing would have a public benefit. Thinks this meets the variance criteria. G. Procope said this is definitely a comprehensive project. Would share the concerns of the neighbors. No builder would develop and sell if it caused environmental harm. Given that and the vacancy of the property, and the comprehensive landscaping plan, he would need to vote in favor of the project. This is a wonderful project. Asked about traffic study. M. Hamor said that the project would not impact traffic on Chelmsford Street per the submitted traffic study. D. McCarthy said wow what a project. The applicants have done their due diligence regarding contamination. There are state and federal due diligence laws. I feel assured that they can handle this. They will be adding 21 shade trees. I think there should be final approval of the landscaping plan by DPD. The site plan is amazingly graded. This is hitting all the right notes. V. Pech said he understands the concerns of the neighbors. This is a great opportunity for the city. The lot is not being utilized. A real housing opportunity. It aligns with the City’s long-term plans. Motion: D. McCarthy motioned to approve the application with the following conditions:  1. The applicant shall submit a final landscaping plan to be subject to approval by DPD prior to applying for a building permit. The landscaping plan shall include the quantity, size, and species of all plantings and shall include shared usable outdoor space accessible to residents. The motion was seconded by S. Callahan and passed unanimously, (4-0). III. Other Business Minutes for Approval: 5/12/2025 minutes D. McCarthy motioned and G. Procope seconded the motion to approve the 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 8:15PM.