City of Lowell -Planning Board

Planning Board Agenda

Monday, December 12, 2005 7:00 P.M.

2nd Floor Conference Room of the

Division of Planning and Development

JFK Civic Center, 50 Arcand Drive, Lowell, MA

Members Present:

George Zaharoolis, Chairman

Joseph Clermont, Member

Richard Lockhart, Member

Mary Burns, Member

Others:

James Errickson, Associate Planner

The meeting was called to order at 7:00pm

Roll Call of Neighborhood Groups

Jim Jizokos (Centralville)

Public Hearing

Site Plan & Special Permit: 702-704 Gorham Street

A Public Hearing will be held to hear all interested persons relative to an application by Charles Barnes for Site Plan Approval and Special Permit for a project located at 702-704 Gorham Street. The proposed development includes the construction of four (4) townhouse style condominium units with 12 parking spaces and associated landscaping. Planning Board approval is required for Site Plan under Section 11.4 and for a Special Permit for use under Article 12 of the Lowell Zoning Ordinance. This parcel is located in the UMU (Urban Neighborhood Mixed Use) zoning district.

In favor:

George Elides (133 Market Street): Representing the petitioner this evening, the Barnes. Charlie and Ann own the candy store on Gorham Street. Tonight we are here for a project that is to the rear of the candy store property. Here is Gorham Street, here is the candy store, and the property is here. In a minute, I will have Kenneth Lania present the site plan. Let me just say this, what we are doing here is putting in two new structures with two condominiums each. We had a preliminary meeting with the Board, and based on that meeting we made changes in the plan, and we think those changes give us a little more space. We have adjusted the plans since then to account for other site issues, but those have not created any substantial changes.

Ken Lania (K&M Land Consultants): Representing the applicant. As said, we are introducing two new duplexes to the property. The existing building on the site has three units, and some retail on the first floor. We have provided 7 parking spaces for the existing building, which is what is required by zoning, and we have 12 spaces in the back of the parcel for the new condominium units. We have also proposed a brick patio, which will provide emergency access to the site off Pine Hill Street should it be needed. The site itself will be accessed by city water and sewer. We did receive comments back from the engineer, and those plans that address the comments are dated 12/2/05. We wanted to update the drainage system on the site, these will include the details on sheet 4, and any other changes as approved by the engineering department. If you have any questions, I am happy to answer them.

In Opposition: None

Discussion:

J. Clermont: I have just a couple of questions; you mentioned providing access for emergency vehicles in the back area. Is there any concern that that area can be used as a cut through?

K. Lania: We will propose a cut though gate. It is strictly for access of emergency vehicles.

J. Clermont: There was a comment concerning the width of the access drive by the city Traffic Engineer?

K. Lania: Yes, but when there is access to duplexes, that width can actually be as little as 12 feet, and we left 14 feet.

J. Clermont: All that parking for the front lot will be for the existing dwelling units and retail space?

K. Lania: Yes we added a parking space and addressed other concerns as we discussed the site with DPD. The plan shown now conforms to zoning.

J. Clermont: I have no other questions.

R. Lockhart: Where is the closest fire hydrant?

K. Lania: There is one here just next to the site, and we have been asked to provide an additional fire hydrant in site, and we have no issues with that request.

R. Lockhart: There is no fire department comment here on record. Can you comment on the landscaping?

K. Lania: Yes there will be landscaping here, and the actual units will be facing Gorham street, and the remainder will be grass areas, with existing trees off Pine Hill Street. We plan on having plantings along the property lines at the front and the rear of the site. We provided a lighting plan, which will provide lights over here that will be 150-watt bulbs, with four new lights being installed here that will be a little less than candle light bulbs.

R. Lockhart: Do you have architectural renderings of the buildings?

K. Lania: Actually yes here you go.

G. Elides: To make it clear, the sidewalk comes up to the front of the house that will be facing Gorham Street, to address one of the concerns that the Board and the DPD had regarding the development's appearance along Gorham Street.

R. Lockhart: What is the height of the building?

K. Lania: They will be approximately 3 stories.

R. Lockhart: I have no further questions.

M. Burns: All my questions have been answered.

G. Zaharoolis: You have addressed the 6-inch line and the water lines going from units three and four.

K. Lania: Yes they have been addressed.

G. Zaharoolis: The drive will be 14 feet?

K. Lania: Yes they will be 14 feet.

Motion

J. Clermont motioned to APPROVE the Site Plan and Special Permit with the following conditions:

R. Lockhart seconded the motion

All members voted in favor (4-0).

Waive order of agenda request:

R. Lockhart: motion to waive the order of agenda to hear the Administrative adjustment for 14 Watson Street.

M. Burns: Second the motion

All members voted in favor (4-0)

Administrative Adjustment: Site Plan & Special Permit: 14 Watson Street

The Board will discuss administrative adjustments being proposed regarding the project at 14 Watson Street, which received Special Permit and Site Plan approval from the Planning Board on July 18, 2005.

G. Zaharoolis: There was a meeting between myself and members of DPD to discuss this adjustment. Basically, we did not have clear-cut, workable architectural drawings of the site when the Board approved it back in August. After careful deliberation, the lighting plan also seemed to be a bit much. So there are some slight design changes as well as changes to the lighting plan. I will have Mr. Jenkins address the site.

G. Elides: For the record, the lighting plan and the site plans need to be addressed.

D. Jenkins: These are the three and four unit buildings, and the only design plans changing from the original plans is the alcove that is here on the fronts of the buildings along Watson Street. What we did was we put the alcove here, as can be seen on these plans. The front doors will be set back and set into the fronts of the building, and we tried to do the same alignment along the top of the buildings. Unlike the first plan, this plan actually functions. We met with the Chairman and members of DPD to work on developing a new design plan that works for the project. We got their input, and this is the plan that the DPD thought was a good idea. Plus, it meets the spirit and theme of the original approved plan.

K. Lania: I will address the lighting plan. When we did the original lighting plan, we were trying to incorporate a plan like the Downtown District. For this plan, we were able to get rid of some of the poles in the center of the project here, and we put wall packs on the units. This provides the same amount of lighting as the original plan, but is more residential in design.

G. Zaharoolis: Basically we did not get a working design in the original plans, and we just got architectural renderings. This update includes working plans.

Motion:

J. Clermont: motion to approve the Administrative Adjustment.

M. Burns: Second the motion

All members voted in favor (4-0)

Site Plan & Special Permit: 106 Marginal Street, aka 117 Marginal Street

A Public Hearing will be held to hear all interested persons relative to an application by Brasi Development Corp. for Site Plan Approval and Special Permit for a project located at 106 Marginal Street, also known as 117 Marginal Street. Planning Board approval is required for Site Plan under Section 11.4 and for a Special Permit for use under Article 12 of the Lowell Zoning Ordinance. The site is located in the INST (Institutional Mixed Use) zoning district, and comprises 174,767 sqft of land area. The proposed development includes the demolition of an existing building and the construction of a four (4) story structure on the existing foundation, which will house 122 condominium units. An additional 14 condominium townhouse units are also proposed, for a total of 136 units with 247 parking spaces.

In Favor:

James Flood (81 Bridge Street): With me tonight is Jim McCluchie and Jack Lougee from Dana Perkins the engineer. I think this Board is familiar with the project, as it was in front of the Board for a zoning change, and I think we are all familiar with the old GE building. We will tear that building down and build a new structure on the original footprint, and will construct an additional 14 townhouses. I read the comments, and I think the drainage is the main concerns for the site.

Jack Lougee: I am from Dana Perkins office. This site will be serviced by city sewer, and runs right down the center of the street, and down Marginal Street. This is an existing sewer line running to the existing building. The proposed 122 units building will be serviced by that, and the townhouses will also be serviced by the line, each townhouse will have their own line off the service line. Water line also goes down this road; we are proposing an 8 inch loop. The proposed garden style building will be serviced out here as well, as well as the individual townhouses. This is a combined system today. Before coming into the process, I met with Steve Curran about the drainage on the site. There is no wetlands on the site, and the nearest wetland is the river. So there is no way to separate the system to place the drainage into an existing wetlands, so we are proposing to do an underground recharge system that will have 5 different recharge areas, with an emergency overflow into a separate utility. We went out to the site, and found that the perk test shows very good soils that will accept this type of system. I separated five different areas to recharge that water. So there are basically 5 small underground different recharge areas. We are also providing landscaping for the site. There is about a 10 percent reduction of impervious surface on the site. So I did exactly the same thing as the car wash proposed, just down the street. I think this is the best solution for the site. So we are making a bad situation somewhat better. I would like to answer any questions you may have.

In Opposition:

James Peters (30 Chauncy Ave): I am not really opposed to the plan, but I would like to note that this was the site of the firing of the first World War II fighter engine. It has been years since then, but I wanted to point that out.

Discussion:

M. Burns: have you had any discussion with the traffic engineer about the traffic impacts of this site?

J. Lougee: No

M. Burns: How is the trash going to be stored?

J. Lougee: The basement will have compactors.

M. Burns: I have no more comments.

J. Clermont: Could you address the parking situation. You have 258 parking spaces, and some of those are tandem.

J. Lougee: In the garage there are tandem spaces, and those will be deeded to the two bedroom units.

J. Clermont: And there was some comment about splitting of the parking so that there is a central drive lane?

J. Lougee: Yes there was some discussion of that, but the building limitations do not warrant that kind of parking set up.

J. Clermont: And you mentioned the concerns of the combined sewer overflow. I don't know much about drainage system, but you are comfortable with this system?

J. Lougee: Yes. The new system is designed for a 10-year storm.

J. Clermont: Can you address the concern about the access to the pedestrian tunnel to the UMass Campus?

J. McCluchie: There is no way to use the other side now. It is closed off. So we are not providing access to that tunnel. It is abandoned on the other side, so we plan to abandon and close off our side.

R. Lockhart: The plans do not specify if the townhouse garages count towards the parking total. Can you comment on this?

J. Lougee: Yes, they will count towards the total, and they are within the requirements of zoning.

G. Zaharoolis: I saw the letter from Mr. Cohen from wastewater. Can you comment?

J. Lougee: Well, before I did anything for this site I went to the department to see what we could do.

G. Zaharoolis: Will there be any drain that will be below the street level? In other words, I assume there will be no sewer that comes back into the units?

J. Lougee: If that is a concern, we can design a back flow to prevent back flow into the units.

G. Zaharoolis: That would be acceptable.

Motion:

J. Clermont: motion to approve the Site Plan and Special Permit with the following conditions:

R. Lockhart: Second the motion

All members voted in favor (4-0)

Site Plan & Special Permit: 94-106 Rock Street

A Public Hearing will be held to hear all interested persons relative to an application by Middlesex North Resource Center, a subsidiary of Bridgewell, Inc., a non-profit educational corporation serving disable individuals, for Site Plan Approval for a project located at 94-106 Rock Street. The proposal includes the rehabilitation of an existing building into 12 efficiency apartment units, with site laundry facilities and a recreation/community room. The proposal also includes the construction of a new 6,900 sqft building with classroom and office space, as well as a fifteen (15) space parking lot and associated landscaping. The project is located in the UMF (Urban Neighborhood Multi Family) zoning district, and requires Site Plan approval under Section 11.4 of the Lowell Zoning Ordinance.

In Favor:

Jim Jizokos: I am representing Bridgewell, Inc. We presented this to the Board as a preliminary hearing a couple months back, and we presented to Historic Board and we took all comments into consideration, and what we are proposing to do is to construct a 2.5 story structure on a vacant parcel between the existing structure and the next dwelling along rock street, and setting it back in line with those structures. The parking along Rock Street will be removed and be relocated to a proposed lot that is under agreement to be purchased from the city, on this third lot here, and that will increase the parking from eight existing non-conforming spots to 15 conforming spots. I want to pass this to Elaine White to discuss the current day-to-day operations of the facility, and the proposed expansion.

E. White: Basically at 94 Rock Street we are operating a transitional program for mentally ill adults as well as people who are homeless. There are twelve beds at the site, we also have a contract with the department of mental health to provide additional services. We also provide outreach programs for the homeless, let them come in, give them something to eat, provide laundry facilities, take a shower. We also provide rehabilitation services and educational services. What we would like to do in this structure is provide permanent housing for people. These will be efficiency units, with a bathroom and cooking facilities. They will be staffed 24 hours a day, and people can also get services from this building. One of the things we feel is important here is to address the traffic issues along Rock Street. There are three entrances onto Rock Street from the existing site, and what we have done is move everything back here, so that all of the congregating that takes place on Rock Street now happens in the back, and the main entrance is here in the back of the building. There is a new parking lot with associated walkways, as well as seating and outside areas for people to congregate, so that it is not along Rock Street.

In Opposition:

Donald Brown (579 Princeton Blvd): I am opposed to the present idea because 20 years ago that was built as a school for autistic and handicapped children. Two or three years later it was changed to a halfway house for handicapped, which turned out to be drug addicts. What I am opposed to is expanding this area in an area where the city just build a multi-million dollar school three hundred feet down the road. You are going to have kids walking up and down that street all day long, and I don't think that expanding the property is the best thing.

Arthur Daunair (651 Dutton Street, Kazanjian Auto parts): I have been in that area for 10 years now, and I pretty much see everything that happens in that area on a daily basis. We have had a number of situations with people that are staying in that facility or are frequently going to and from that area for their services, whether rehabilitation, taking classes, or showering. And we have had our problems with, I can't say they are associated with those people, but is seems to be that other people have said that they are residing at that house. With the school in the area that is definitely a problem, as there is a lot of crime in that area. Last year one of the people that frequently go there, he was dead in one of our vehicles. And it was a bad situation, because our customer saw him there, and it was kind of bad for us too. Parking problems are terrible, we have a 48-foot tractor trailer that we move around the site every day, and it continually is a problem. Cars are there all the time. Parking is definitely an issue. Trash is definitely an issue. Trash is unbelievable. There are people pissing in the trash there. The homeless people that they have no beds for are camping there in the woods. They have mattresses and tents. I mean I feel bad for them, but it is because they are taking care of them, they are feeding them that they are staying there.

Discussion:

R. Lockhart: To address the parking, is there any kind of control of parking lot, in terms of who can park there and who can't.

J. Jizokos: In terms of gating, or?

E. White: It is for the staff that is working there.

J. Jozokos: It would be assigned parking for the staff.

R. Lockhart: what about for the vehicular traffic?

E. White: There is not a lot of vehicular traffic, because the people we are providing services for don't have vehicles. There are 15 parking spots total.

R. Lockhart: Again for the record there is no fire department approval.

G. Zaharoolis: Okay Mary?

M. Burns: How many residents are going to be living there.

E. White: There will be 12 in the existing building and 12 in new building.

M. Burns: How many staff will be on per shift?

E. White: I'd like to refer this to Joe Tucker, who works on site.

J. Tucker: At 8:00 in the morning there are three staff, from 9:00am to 1:00pm there are four to five staff members, between 1:00pm and 5:00pm there are four staff there, between 5:00pm and 9:00pm there is 3 staff there, and from 9:00pm until 8:00 in the morning there is one overnight staff there. From 8:00 to 9:00 in the morning there is three staff. During the weekend, there are usually three staff on from 8:00 to 10:00 at night, and during the day there are two staff on duty.

M. Burns: What is the number of people who come into the outreach program at any given time?

J. Tucker: We average around 50 meals at lunch time and 50 meals at supper time, that includes the 12 people that are living there as part of the program. The meal times are usually 8:00 in the morning for breakfast, 12:00 for lunch, and 5:00 for supper. The popular times are at about quarter of 12:00 and quarter of 5:00. We will have more people come in and they will eat and by quarter past, it dies down to about 8 to ten people, and then a number of them come outside those times, between 8 to 12 people.

M. Burns: Will you have enough staff to cover all these people coming in and watch the neighborhood and the facility once it is expanded or will you expand the staff as well?

E. White: The new facility will have its own staff.

M. Burns: Even still you only have four people for 60 people at lunch.

E. White: Well people come in at different times to eat, and they don't stay there.

M. Burns: I have no further questions.

J. Clermont: Could you describe a little about your organization itself?

E. White: Yes, we are a non profit, 501c3 corporation formerly were known as Greater Lynn Mental Health and Retardation, and we have been known as Bridgewell since September. We have been in business since 1958. We are a 42 million dollar agency, and we have contracts with Department of Mental Health, Department of Mental Retardation, we also have partnerships with third part organization to provide rehabilitation services. We are servicing individuals, mainly adults throughout eastern Massachusetts. We have about 13 to 14 million dollars of services right here in Lowell. We employ may people in the city. We have been providing services in Lowell for Lowell residents for about 15 years. Our primary focus is on the disabled, mentally disabled, mentally challenged, and some are physically challenged. And we provide a number of services to the homeless.

M. Burns: About how many people do you service in the City of Lowell

E. White: It is well over 200 I believe.

J. Tucker: Last year there were about 217 people who came to our facilities for services. That is not on any given day. They cycle in and cycle out.

J. Clermont: And how many facilities do you operate in the City?

E. White: We have about 3 as well as the one at 25 Market Street.

J. Clermont: You are proposing to add 12 efficiency units. How long, typically, will a resident be staying in one of these units?

E. White: In the new facility?

J. Clermont: Well it is considered permanent housing.

J. Clermont: Sorry to interrupt, the old unit will be considered transitional.

E. White: Yes the old units are transitional, and from there they can move to more permanent housing in the city.

J. Clermont: Okay, so the old ones are transitional, and then new units are more permanent, and the time frame would be?

E. White: Two years of less. Can you comment more Joe?

J. Tucker: Right now the average stay is between 24 and 28 months. We do have one individual that has been there for 8 years, but he will be at risk if he moves out on his own. Last year we moved out 7 individuals, and we have a number of people ready to move out, but the difficulty is that there is a lack of housing vouchers. And all of the people we have now need the vouchers; they are essential to their moving out. They just can't afford to rent an apartment, so they need the vouchers or get them into public housing. We have a number of people living at Chasee(?) Place who have section 8. We have a couple at other public houses, we have a couple on Appleton Street, and we have an individual who bought a trailer in Tyngsboro.

J. Clermont: I like the way that you designed the site, to get the parking off the street, and to bring it all in behind there. The residents that you will consider permanent residents, do you envision that they will have vehicles, or will the parking be just for staff?

E. White: The parking would be just for staff.

J. Clermont: How would you address the neighborhood concerns that we have heard concerning some of the transitional residents that are hanging out around the site?

J. Tucker: Right now, we are open from 8:00am to 8:00pm. One of the things we do is provide meals, provide showers, and provide laundry facility. The whole idea is to provide a place where these people can feel comfortable, where they can find help, and the whole idea is to them into the facility to begin to talk, and to build some trust, so we can get them to move on, to get them into a program that is appropriate, and into housing that is appropriate. We have a number of individuals who have graduated and come back for meals. They are also used to provide an example for the current users of the facility.

J. Clermont: Do you have a way to address the neighbors concerns?

(Tape Change)

E. White: Absolutely, we have an open door policy, and we want to be good neighbors. We are open to suggestions, we are open to changes, and we want to make sure the neighborhood looks better.

J. Clermont: Now you are have a new dumpster on the site, and you are landscaping it properly.

E. White: Yes.

J. Clermont: I have no further questions.

G. Zaharoolis: Can you tell me exactly what your license is for? What is the title of the license you have?

E. White: It is licensed as a safe haven.

G. Zaharoolis: I want to see a copy of it.

E. White: I will get you a copy of it.

G. Zaharoolis: Because that is going to lead to exactly how this is set up. Because my understanding is that there was a court case on this.

E. White: On this particular program?

G. Zaharoolis: Not on this particular program, but on this particular unit. My next question is, how may of them are sex offenders that come here?

J. Tucker: We have no sex offenders that live there. I believe in the past we have had two individuals that have registered as sex offenders.

G. Zaharoolis: How do you know that they are not there.

J. Tucker: We don't. When someone comes in, we do an intake with them; we go through a questionnaire to assess their history. The hope is that over time we can build a relationship with them, so that we can assess their situation.

G. Zaharoolis: Do you at least check with the police department so you can see what kind of criminal record these people have?

J. Tucker: We don't do a formal check no. But we do speak with Captain Demura…

G. Zaharoolis: When you speak to them, what do you say to them? How do you find background info about the individual?

J. Tucker: How do we find, what?

G. Zaharoolis: The history of the individual.

J. Tucker: We ask them.

G. Zaharoolis: You ask them directly?

J. Tucker: We ask them to provide us with information about where they live, where they work,

G. Zaharoolis: Have you gotten any responses?

J. Tucker: Yeah, yes.

G. Zaharoolis: About how may of the 200 that you have have court records?

J. Tucker: About 50 percent of the people have criminal records.

G. Zaharoolis: And the other 50, what are they?

J. Tucker: What are they?

G. Zaharoolis: Yeah. You see what I am trying to figure out is what kind of license you guys have, and what you are supposed to be doing with these individuals. Are they supposed to be a criminal element, are they supposed to be a handicapped element, what are they supposed to be?

J. Tucker: They are disabled individuals.

G. Zaharoolis: Explain to me what you mean by disabled?

E. White: They have to have record of their psychiatric record.

G. Zaharoolis: And you have that documented?

E. White: Yes.

G. Zaharoolis: And you have a full time psychiatrist on staff?

E. White: Yes, and we have a full questionnaire that they need to fill out.

G. Zaharoolis: I am very troubled that you have this kind of operation being so close to the school. And that anyone that comes through your door could be a sex offender and that you people would not realize this except by a personal history of the individual from when you sit down, because these people can be pretty good cairn artists. Wouldn't you agree with me?

E. White: Well …

G. Zaharoolis: Excuse me, I am asking that gentleman back there.

J. Tucker: Con Artists? I would say that they are people lost in the world, they have difficulty in their lives. It is not something they want to be, or where they have to be. They are just trying to survive, and get back on their feet.

GZ: If you have 24 units there, then why are you feeding 50 people?

J. Tucker: Because we are trying to reach to people and bring them into our program. We have found that relationships with the homeless are usually found through the stomach. We are trying to make them feel comfortable, and the gain some trust with use. And without that relationship, we cannot get through to these people.

G. Zaharoolis: In the lease agreement that you have, have you written down the number of hours of operation, and how many people are supposed to be on for those hours?

E. White: I am not sure what the question is. We don't have a lease agreement.

G. Zaharoolis: One of the lease agreements that I have seen indicated that you would have no less than two people on any one shift. Is that true?

J. Tucker: That is true until 9 at night.

G. Zaharoolis: No no, that is not what this thing says. That is why I want to see the lease agreement that you have with the people. Because one of the liabilities is that if you go over one of the early leases that clearly indicated that there had to be at least two people on and I would like to see the original agreement that you people have with the owners of the property. You don't own the property.

E. White: We do own the property.

G. Zaharoolis: okay is the name of the ow