Zoning Board of Appeals

Lowell Zoning Board of Appeals Minutes 7/14/2025 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 Members Absent: Others Present: Dylan Ricker, Associate Planner The following represents the actions taken by the Zoning Board of Appeals at the 7/14/2025 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-2025-23 Petition Type: Variance Applicant: Marsha Hebert Property Located at: 246 University Ave, 01854 Applicable Zoning Bylaws: Section 5.1; 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 Marsha Hebert to convert the existing mixed-use building containing three (3) residential units and one (1) commercial unit into a four (4) unit residential building. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires Site Plan Review approval from the Planning Board per Section 11.4.2 for an expansion of a residential structure with more than (3) residential units, and a Special Permit per Section 12.1 for four (4) residential units on one (1) lot. The project also requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the lot area per dwelling unit, and usable open space per dwelling unit requirements, 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 to approve the withdrawal without prejudice, seconded by S. Callahan. The motion passed unanimously, (5-0). II. New Business ZBA-2025-25 Petition Type: Variances Applicant: Jorge Hernani Property Located at: 115-117 Andrews Street, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Jorge Hernani has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct an addition to create an Accessory Dwelling Unit at 115-117 Andrews Street. The subject property is located in the Traditional Two-Family (TTF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the minimum side yard setback, and minimum rear yard setback requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Jerry Jamal, Applicant’s Representative J. Jamal said the only relief required is the rear yard setback. J. Jamal said the provided setback is 16 ft where 20 ft is required. J. Jamal said they are constructing a doghouse as an egress. J. Jamal said the setback is consistent with the neighborhood and the egress was proposed to have as little impact as possible. Speaking in Favor: None Speaking in Opposition: None Discussion: G. Procope noted the Building Dept comments saying that a sprinkler system and alarm system are required, and confirmed the applicant is aware of the requirement. J. Jamal agreed and said he had previously met with the Building Dept and he made the owner aware. M. Briere said the relief requested is consistent with the neighborhood characteristics and he is supportive. D. McCarthy said the submission was thorough and the relief requested is minimal. D. McCarthy said the applicant is adding a housing unit with a minimal impact, and expressed support. S. Callahan said the relief requested is minimal, and it is similar to other homes in the neighborhood. T. Hovey said he has no questions. V. Pech said the relief requested is minimal. V. Pech expressed support. Motion: D. McCarthy motioned to approve the Variance, seconded by G. Procope. The motion passed unanimously, (5-0). ZBA-2025-26 Petition Type: Variances Applicant: Perry 125, LLC Property Located at: 125 Perry Street, 01852 Applicable Zoning Bylaws: Section 5.1 Petition: Perry 125, LLC has applied to the Lowell Zoning Board of Appeals seeking Variance approval to amend prior approvals to construct (8) additional residential units, totaling (32) units at 125 Perry Street. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires an amended Special Permit from the Planning Board per Section 11.3 and Article 12.1 for the proposed use, and revised Site Plan Review approval from the Planning Board Per Section 11.4 for a property with greater than 3 residential units, and a parking area with greater than 14 parking spaces. The proposal also requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the minimum lot area per dwelling unit, minimum usable open space per dwelling unit, and building height requirements, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Geary, Applicant’s Representative J. Geary explained the existing conditions of the lot and the proposed development. J. Geary noted the applicant entered into a long-term land lease with the abutter to the rear that allows for parking and infrastructure associate with the redevelopment of the property. J. Geary said the property received a previous approval and they are seeking to amend these approvals. J. Geary said the project is now adding a fourth floor with a pitched roof and adding additional units. J. Geary said the new proposal provides additional off-street parking, and now meets the off-street parking requirement. J. Geary said the additional leased land allowed for more landscaped space. J. Geary summarized the relief requested. J. Geary explained the proposed bike storage options available to residents based on the applicant’s experience. J. Geary said the applicant will provide bike racks as requested and will affix them to the assigned parking space within the garage. Angie Verge, Applicant’s Landscape Architect A. Verge said the only changes from the original is the additional landscaped area around the parking area. A. Verge said they are adding 6 trees. A. Verge said evergreens were added behind the dumpster as well. A. Verge explained the landscaping in front of the building to soften the appearance of the building and front facade. A. Verge said the landscaping is layered. Mark O’Hara, Applicant’s Engineer M. O’Hara said from an engineering perspective there was not a significant change since the footprint is the same. M. O’Hara explained the new leased parking area and changes to the plan. M. O’Hara explained the stormwater system. Jeff Zorbas, Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: M. Briere said the project was improved upon and he is supportive. D. McCarthy agreed with M. Briere. D. McCarthy said the proposal is an improvement, and is glad the off- street parking requirement is satisfied. D. McCarthy asked about the bumpouts on Perry St and said the granite veneer is not labelled. J. Zorbas said it appears on the elevations but may not be noted. D. McCarthy requested this be added as a condition. J. Zorbas agreed. D. McCarthy expressed concern about the landscaping in the winter and said the granite helps improve the appearance in winter. D. McCarthy asked about the bike storage plan. J. Geary explained the bike rack would be affixed to the garage suspended on the wall. D. McCarthy asked if parking will be assigned, J. Geary confirmed. D. McCarthy said the bike storage plan makes sense, but is concerned about bike storage for residents that don’t have a garage space for a bike storage space. J. Geary said there is no common bike rack because they wanted to maximize parking, they could add a bike rack outside, but tenants may not be interested. D. McCarthy said in the previous approval bike storage was a condition. J. Geary said they are suggesting this not be added as a condition because the new plan is more practical based on the applicant's experience. D. McCarthy agreed that the bike storage solution makes sense. S. Callahan agreed that the project is good, and expressed support for the sloped roof and landscaping plan. S. Callahan agreed with the applicant’s bike storage proposal. S. Callahan asked about the signage for ingress, egress area. J. Geary agreed to this condition. T. Hovey said he supported the original, and said the City is looking for smart development, and the relief is minimal for the addition of housing units. G. Procope expressed support for the project. G. Procope said the bike storage proposal makes sense. G. Procope expressed support for the landscaping plan. V. Pech expressed support, and said the relief requested is reasonable. V. Pech confirmed the conditions. The condition for ingress and egress signage and the condition for the granite facade to be added. Motion: D. McCarthy motioned to approve with the following conditions: 1. The applicant shall revise the elevations to include a note for the granite veneer which will be added to the (4) bumpouts along the Perry Street facade; 2. The applicant shall install signage for ingress and egress locations in the parking area. Seconded by M. Briere. The motion passed unanimously, (5-0). ZBA-2025-27 Petition Type: Variances Applicant: Jesus Padua Property Located at: 128 Lilley Ave, 01850 Applicable Zoning Bylaws: Section 5.1 Petition: Jesus Padua has applied to the Lowell Zoning Board of Appeals seeking Variance approval to raise the roof of the existing building to create finishable space in the attic. The subject property is located in the Traditional Two-Family (TTF) zoning district. The proposal requires Variance approval per Section 5.1 for relief from the maximum height, and maximum story requirements, and for any other relief under the Lowell Zoning Ordinance. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said we can continue to an upcoming meeting to allow the applicant to attend. Motion: D. McCarthy motioned to continue the petition to the 9/8 ZBA meeting, seconded by S. Callahan. The motion passed unanimously, (5-0). ZBA-2025-28 Petition Type: Variances Applicant: Conamo Holdings, LLC Property Located at: 353 Wilder Street, 01851 Applicable Zoning Bylaws: Section 5.1 Petition: Conamo Holdings, LLC has applied to the Lowell Zoning Board of Appeals seeking Variance approval to convert the existing two-family home at 353 Wilder Street to a three-family home. The subject property is located in the Traditional Multi-Family (TMF) zoning district. The proposal requires Special Permit approval from the Planning Board per Article 12.1 for the use. The proposal also requires Variance approval from the Zoning Board of Appeals per Section 5.1 for relief from the minimum lot area per dwelling unit requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: Catherine Flood, Applicant’s Representative C. Flood explained the proposed project. C. Flood said adequate parking is provided. C. Flood explained the floor plan. C. Flood said there will no expansion to the structure. C. Flood said the neighborhood consists of 1-families, 2-families, and multi-families as well as a nursing home across the street. C. Flood said the applicant requires 396 sf of relief from the LA/DU requirement. C. Flood said 7 trees existing and each will remain. C. Flood said the applicant will comply with Fire Dept requirements. C. Flood explained the Traffic Engineer comments. Paul Campbell, Applicant’s Engineer P. Campbell said they are actively working with staff on some of the comments.P. Campbell said the stormwater plan will be adjusted to meet the stormwater requirements for Lowell. Speaking in Favor: None Speaking in Opposition: None Discussion: D. McCarthy said the revised site plan provided shows the 22 ft turnarounds, but the Transportation Engineer proposed reducing the overall paving for 16-17 ft of space to provide adequate access, and maximize green space. D. McCarthy recommended a condition that the site plan follows the Transportation Engineer mark ups. D. McCarthy expressed support that the 7 trees will be saved. D. McCarthy expressed support for the redevelopment of the property. S. Callahan said relief requested is minimal, and said the proposed use is in line with the neighborhood. S. Callahan expressed support. T. Hovey expressed support for the proposal, and noted there is no expansion of the footprint. T. Hovey requested that landscaping along the sidewalk near the corner be controlled so traffic can see around the corner. G. Procope expressed support. G. Procope said the proposal enhances the property’s character. M. Briere said the relief is minimal and the relief will benefit the applicant and the City. M. Briere expressed support. V. Pech expressed support. V. Pech confirmed the applicant is ok with the condition that Traffic Engineer comments will be incorporated, C. Flood agreed. Motion: D. McCarthy motioned to approve with the following condition: 1. The applicant shall adopt the revised site plan following the Transportation Engineer’s recommendations for the parking area. S. Callahan seconded. The motion passed unanimously, (5-0). ZBA-2025-29 Petition Type: Variances Applicant: John Carney Property Located at: 108 Winthrop Ave, 01851 Applicable Zoning Bylaws: Section 5.1 Petition: John Carney has applied to the Lowell Zoning Board of Appeals seeking Variance approval to construct an addition to the existing home at 108 Winthrop Avenue. 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 maximum Floor Area Ratio (FAR) requirement, and for any other relief required under the Lowell Zoning Ordinance. On Behalf: John Carney, Applicant J. Carney said he is looking to add a 488 sf addition for a new bathroom and bedroom, along with a new deck on the backside of the home. Speaking in Favor: None Speaking in Opposition: None Discussion: S. Callahan said he has no concerns, and the request is reasonable. T. Hovey asked if the applicant saw the Building Dept comments on the footings. J. Carney said he saw the comments. G. Procope said the relief requested is minimal and expressed support. M. Briere said relief requested is minimal, and expressed support. D. McCarthy expressed support for the proposal. V. Pech agreed with colleagues and said relief requested is minimal. V. Pech expressed support. Motion: D. McCarthy motioned to approve, seconded by G. Procope. The motion passed unanimously, (5-0). III. Other Business Minutes for Approval: 6/23/2025 D. McCarthy motioned to approve, seconded by T. Hovey. The motion passed unanimously, (4-0) with S. Callahan and G. Procope abstaining and T. Hovey voting. T. Hovey wished F. Cigliano the best of luck in the future and said she will be missed. V. Pech agreed and noted her roles at DPD stating she has been asset to the City. D. McCarthy agreed with and thanked F. Cigliano for her work. I. Adjournment D. McCarthy motioned and S. Callahan seconded the motion to adjourn the meeting. The time was 7:34PM.