Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes 6/23/2025 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, Member McCarthy, Member Briere, Member Hovey Members Absent: Vice Chair Callahan, Member Nickerson, Member Procope Others Present: Peter Cutrumbes, Assistant Planner The following represents the actions taken by the Zoning Board of Appeals at the 6/23/2025 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-2025-17 Petition Type: Variances Applicant: Peter Dendromiris Property Located at: 84 Walker Street, 01854 Applicable Zoning Bylaws: Section 6.1 Petition: Peter Dendromiris has applied to the Lowell Zoning Board of Appeals seeking Variance approval to add additional paving to the property at 84 Walker Street. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The project requires Variance approval per Section 6.1 for relief from the driveway dimensional 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 noted that the applicant has requested to continue their application to the August 11 meeting. Motion: D. McCarthy motioned to continue the application to the August 11 meeting. Seconded by T. Hovey. The vote was unanimous (4-0). ZBA-2025-18 Petition Type: Variance Applicant: Greg Looney Property Located at: 318 Andover Street 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Greg Looney has applied to the Lowell Zoning Board of Appeals to subdivide the existing lot at 318 Andover Street. The subject property is located in the Suburban Single-Family (SSF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum frontage and lot width requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: V. Pech noted that the applicant has requested to withdraw their application. Motion: D. McCarthy motioned to approve a withdrawal without prejudice. M. Briere seconded. The vote was unanimous (4-0). II. New Business ZBA-2025-23 Petition Type: Variance Applicant: Marsha Hebert Property Located at: 246 University Ave, 01854 Applicable Zoning Bylaws: Section 5.1 and Section 6.1 Petition: Marsha Hebert has applied to the Lowell Zoning Board of to convert a three (3) unit residential and one (1) unit commercial building into a four (4) unit residential building. The property is located in the Traditional Mixed-Use (TMU) zoning district. The project requires Variance approval from the Zoning Board of Appeals under Section 5.1 for relief from the lot area per dwelling unit requirement, the usable open space per dwelling unit requirement, under Section 6.1 for the minimum parking requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Ian Ainslie, the project engineer, and Marsha Hebert, the applicant, both appeared. I. Ainslie summarized the project. It is currently a 3-unit residential building with a commercial unit on the ground floor. The application is to convert the ground floor into an additional residential unit. Speaking in Favor: None Speaking in Opposition: None Discussion: T. Hovey asked about the parking spaces overhanging the Right Of Way. Expected to see revised plans because the spaces aren’t conforming. Additionally, parking is not marked outside the building right now. The change of usage is fine. Just need to figure something out about parking. Cannot vote in favor without revised and conforming parking plans. D. McCarthy said he is in favor of the change of use. 4 units would make it sprinkled, adding to safety. Asked about trash pickup. I. Ainslie said Trash is City pickup. Snow storage is put into the back corner and this location can be added onto the plan. D. McCarthy said he believes that buildings over 3 units are not eligible for City trash. He also noted that the Traffic Engineer commented that one of the spots makes access into the building difficult. I. Ainslie said there will be about two feet between the building and the car. D. McCarthy said he thinks it needs to be 30-36 inches. Asked how far the spaces hang over the sidewalk. I. Ainslie said 3 feet. Going to work on new parking plans. M. Briere agreed about the parking concerns. Getting the parking addressed would increase the opportunity of getting this project approved dramatically. V. Pech said overall it is a good project. Echoed concerns about parking. M. Hebert said she’s owned the building for 30 years and the parking has been like this long term. They have been putting barrels and recycling in the front but could move to the back to make parking spaces better. We need more housing in the city. She has never had any issues with parking. D. McCarthy noted that angled parking may create opportunity for greenspace. I. Ainslie requested a continuance to the next available meeting. Motion: D. McCarthy motioned to continue the application to the July 14 meeting. T. Hovey seconded. The vote was unanimous (4-0). ZBA-2025-24 Petition Type: Variances Applicant: Madjack7, LLC Property Located at: 110 Billings Street, 01850 Applicable Zoning Bylaws: Section 5.1 Petition: Madjack7, LLC. has applied to the Lowell Zoning Board of Appeals to construct a new single- family home at 110 Billings Street. 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 requirement, the minimum lot area per dwelling unit requirement, the minimum frontage requirement, the maximum Floor Area Ratio requirement, the minimum side yard setback requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, the applicant’s attorney, introduced the project. Matt Hamor, the project engineer, was also present. J. Geary said that the plan is to build a single-family home. Lot does meet minimum lot area requirements but is similar to other homes in the area. Existing building on site is a garage. J. Geary discussed staff comments outlining relief. Both Lot Area and Lot Area per dwelling unit require relief, but the size of the lot is comparable to other lots in the neighborhood. This can be seen on the neighborhood exhibit plan provided by applicant. Frontage similar to others in the neighborhood. Small lot size makes meeting the FAR very difficult. Side yard setback is difficult to meet because of the narrowness of the lot. When lots in this neighborhood were created many years ago, side yard setbacks were less of a concern. This creates the challenge of meeting the modern setback requirements. M. Hamor briefly summarized the site plan. The project is straightforward. The lot will be the site of a single-family home. There will be two shade trees. He showed the elevations of the homes. The applicant has built similar homes throughout the City. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said the dimensions of the lots in the neighborhood are on the small side. The applicant has done some beautiful work on Powell Street. This is the kind of housing that is missing in the City. Asked if the adjacent lot used the existing garage for parking. J. Geary said no. D. McCarthy said the proposal fits the neighborhood. Noted it is a lot of relief, though the home will be similar to others in the neighborhood. M. Briere expressed support. Relief is reasonable. Does not derogate from the intent of zoning. T. Hovey asked if the elevation is inverted. M. Hamor said yes, the site plan is the correct view. T. Hovey expressed support. V. Pech said this is reasonable and it fits in with the neighborhood. Motion: D. McCarthy motioned to approve the Variances with the following condition: 1. Before applying for a building permit, the applicant shall work with the Greening the Gateway Cities program to find a shade tree that is appropriate for the site. M. Briere seconded. The vote was unanimous (4-0). III. Other Business 20-26 July Street 01850 – Variance Extension Request Coljack Development Corp has applied for an extension to their Variance approval issued by the Zoning Board in July 2024. The applicant obtained Variance approval to construct a single-family home on the parcel located on 26 July Street. *Please note this item was taken out of order and was the first item heard by the Board at this meeting* The applicant’s attorney, George Theodoreau, appeared on behalf of the application. He explained the necessity for a Variance extension. A week after the Variance was approved, July Street was paved. This paving created a 5-year moratiorium on street openings. Have worked with the City to get approval to create a curbcut. Did not get this approval till May, and the variances expire in July. Need the extension. The Board members had no concerns. D. McCarthy motioned to extend the Variance an additional six months. M. Briere seconded. The vote was unanimous, (4-0). Minutes for Approval: 6/9/2025 minutes D. McCarthy motioned to approve the minutes. T. Hovey seconded. The vote was unanimous, (4-0). I. Adjournment D. McCarthy motioned to adjourn. T. Hovey seconded. The meeting was adjourned at 7:12 PM.