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Minutes for Planning Board on February 05, 2007, 06:30 PM

City of Lowell -Planning Board

 

 

Planning Board Minutes

February 5, 2007 6:30 P.M.

City Council Chambers, City Hall

City of Lowell, 375 Merrimack Street, Lowell, MA

 

 

Note: These minutes are not completed verbatim.  For further detail, audio recordings are available at the Division of Planning & Development, 50 Arcand Drive, Lowell, MA

 

Members Present

Thomas Linnehan, Chairman

Joseph Clermont, Vice Chairman

Richard Lockhart, Second Vice Chairman

Jerry Frechette, Member

Steven Gendron, Member

 

Others

James Errickson, Associate Planner

 

Minutes and Roll Call

Minutes: November 20, 2006

The Board voted unanimously to approve the minutes from the November 20, 2006 Planning Board meeting.

 

Public Hearings

Site Plan & Special Permit Review: 1975-1995 Middlesex Street, Millview Estates

The Lowell Planning Board will review an application by Mill View Estates, LLC and Gala Simon Associates, Inc. for a project located at 1975-1995 Middlesex Street in Lowell.  The proposal includes the modification of a plan previously approved by the Planning Board in July 2005, which consisted of converting an existing mill building into 54 residential units, and constructing a 50-unit multi-family building and 38 townhouse-style units on site.  The new proposal includes the demolition of the existing mill building, and the construction of a total of 74 townhouse-style units on site, with associated required landscaping and parking.  The project site is roughly 220,000 sqft is size, and is located in the SMU (Suburban Neighborhood Mixed Use) zoning district.  Special Permit review is required under Article XII: Table of Uses and Site plan review is required under Section 11.4 of the Lowell Zoning Ordinance.

 

The following individuals spoke in favor of the project: 

Greg Curtis (Applicant’s Attorney), Al Gala (Applicant’s Engineer, Gala & Associates), Jack Sullivan (Applicant’s Architect, Sullivan & Associates), Walter Green (1975 Middlesex Street), Stephen Moses (Riverside Townhouse Condo Association Trustee), Scott Casper (Middlesex Street, Chelmsford)

 

In Favor:

Greg Curtis (Applicant’s Attorney):  This project was approved in July 2005 for the conversion of the mill building.  We commenced the construction of the townhouses.  After going through research with architect and structural engineers, the existing mill building is not feasible to convert.  We are therefore proposing to construct only 74 townhouse units. The number of cars will substantially decrease.  We will add more green space and parking.  It will be pleasing for the neighbors and the city.  Al Gala will now explain the changes.

 

Al Gala (Gala Associates):   This is our plan; an all townhouse project.  The existing mill building in located here, with 38 townhouses in this location.  Once we found out that the old mill building will not be used, we proposed to expand the townhouse project.  So, the entrance here is the same.  We expanded the current townhouse project throughout the site.  The green areas are more extensive than before. 

 

Jack Sullivan (Sullivan Architects):  Once we started to analyze the existing mill building, it is really beyond a reasonable point of repair.  The mill building itself will be out of scale to the existing townhouse developments.  It is not practically feasible for us to continue with this project. 

 

Greg Curtis: Coming from Wood Street, it is mostly apartments or condos, the only existing mill building is this one.  At this point it makes more sense to tear down the building and construct something new. 

 

Walter Green (1975 Middlesex Street): I am a resident of Mill View Estates.  When notified of this change, I met with the developers.  They have been consistent with the details of the project.  They have kept up their end of the bargain, and I am behind this project.

 

Stephen Moses (Riverside Townhouse Condo Association Trustee):  Trustee of Riverside Townhouse Development, I am here to support the application.  The development is an enhancement in the neighborhood.  The applicant has seen to it that as many trees are preserved.  Our initial concern with the project is still a concern.  We request that a fence be constructed along the site with our project.  We are also asking the planning board to have the driveway nearest our project be used as an entrance only, and the other driveway by Chelmsford be used for exiting.  We ask that the planning board address the fencing, the traffic flow, the appearance regarding the townhouses, and the drainage for the site. 

 

G. Curtis: With regards to the fencing, in installing a fence, we are opposed to a vinyl style fence.  We would like to put in a cedar style fencing, which is more stylistic.  We are looking to put in metal posts.  With regards to driveways, I have never experienced the concern expressed.  As for the buildings, they are very appealing and architecturally variant.

 

Scott Casper (Middlesex Street, Chelmsford):  I am the only resident from North Chelmsford.  My concern is that looking at this mill building, I am wondering how much of this old building will be converted.  I am just here to figure out how my visual will be changed.  I am not opposed to the brick fence.

 

G. Curtis: The old building is coming down completely.  We are not doing any building in Chelmsford.  We will be seeking to demo the building in Chelmsford.

 

Stephen Moses (Riverside Townhouse Condo Association Trustee):  We do have a problem with a stockade fence, for maintenance purposes. 

 

The following individuals spoke in opposition of the project:

Michael Ready (130 Nesmith Street), Kathy McPherson (1975 Middlesex Street, U#10)

 

In Opposition:

Michael Ready (130 Nesmith Street): I oppose the site plan and issuance of a special permit, as it will include the demolition of a mill building on site.  In July 2005, the project was approved for the conversion of the mill structure, under Section 8.1.  This project was about as good as it could go with bringing in new and keeping the old.  I’d like to propose that this project be postponed until Section 6.3.2 (20) of the ordinance is explained. This mill is very significant architecturally.

 

Kathy McPherson (1975 Middlesex Street, U#10):  I am strongly in opposition of the demolition of the mill.  My husband and I were one of the first residents.  We were told that the mill will be restored.  It will decrease our resale value as well.  The whole flow of the site will be messed up.  The mill gives character to the whole situation.

 

General Discussion:

S. Gendron: Didn’t you do this analysis on the mill structure before the board the first time?

 

G. Curtis:  That was the intent, but once they got into designing the units, and making a determination of what it will require, the structural engineer noted that the internal site will need to be torn down.  It has suffered a lot of damage.  This is a free standing mill in a residential district. 

 

S. Gendron:  There must have been some structural analysis during the initial project.

 

J. Sullivan: Once we started the construction documents on the mill building, we determined that the mill building would have to be torn down.  We would have to make the structure able to handle an earth quake.  The structural review does not happen until the construction docs are made.

 

S. Gendron: How many parking spots are on site in the new plan:

 

Paul Simon (Gala Associates): We have 163 required spaces, and we provide 216 spaces, plus 13 visitor spaces. 

 

S. Gendron: I thought the townhouses were nice.  And you have allotted for additional parking.  I would like to see a vinyl fence.  The cedar fence is a pain to maintain. 

 

G. Curtis: I think that can be worked out.  I’d like to note that whatever fence goes up will be maintained by Mill View Estates.

 

R. Lockhart: I have a few questions, the first being, is if this building going to be torn down, have you had any discussions with the historic people regarding the mill structure. 

 

G. Curtis: No.  There is no historic significance to this, other than the building is over 50 years old.  I discussed this with Steve Stowell.

 

R. Lockhart: I think the history is great, and we want to encourage the re-use of the good buildings in the city.  But in this case, I think the historic significance here is in question.  We have two letters before us indicating that the building is not structurally sound.  I do have a question regarding pedestrian access.  The right hand side has a sidewalk, but on the left you do not have anything.  I think pedestrian safety is an issue. 

 

Al Gala: Basically, we are proposing to extend the sidewalk along the street.  The sidewalk is through here.  We are not showing a sidewalk on this side, but we do not have a problem putting one in. 

 

R. Lockhart: On the fence, I would like to see a cedar fence, which is more attractive.  The traffic engineer has made some comments here about ADA compliance.

 

Al Gala: These are all residential units.  We did have in the old plan handicapped parking.  We have areas for visitor parking that could be for ADA parking.

 

R. Lockhart: I think this needs to be addressed.  And there are five items from the engineer.

 

Al Gala: We will address those.

 

J. Clermont:  I think just following up on Rich Lockhart’s point, there may be ADA requirements.  The traffic engineer indicates that you may need 7 spaces.  You can check into that.  Could you address the facades of the buildings facing the street?

 

Al Gala: What we have done, you will see that these three buildings are already in place.  In this plan, the new townhouses are a mirror image of these.  The buildings you see here will be similar. 

 

J. Clermont: So the front façade of the buildings are facing the River Side Condos, and the decks are facing the side.  There are some notes to follow up, that the applicant should create an easement to access the drainage system on the site.  Can you also comment on the lighting?

 

Al Gala:  We have a detail sheet, showing the type of lighting we are proposing.  It is 8 feet to the base of the site.  We have a landscaping and lighting plan.  They are located in strategic locations for pedestrians.  They are very low intensity lights.  There are not lighting on the buildings them selves.

 

J. Clermont: All utility meters will not be visible from the street.  Originally this project is before us under 8.1.  This is a strait forward project, and you meet all the zoning requirements.  I think I agree with Mr. Lockhart.  We enjoy converting the old mill buildings as much as possible, but some buildings are not able to be converted.  There is a reduction in the number of units. 

 

J. Frechette:  I will just echo some of Mr. Clermont’s comments.  Usually, one item that I look at is the parking, but that is sufficient.  Compared to the previous plan, you are decreasing the number of units.  Also, I was at that meeting when it was originally approved, and I recall the discussion with regards to the trees.  I know no matter how good the intentions are this is difficult to do.  I think a fence is warranted.  Also, 8.1 is there as a voluntary option for a developer, to create more density to preserve the building. 

 

T. Linnehan: I just have a couple quick comments; I do agree with the rest of the PB members about 8.1.  I am happy to see about the extra parking.  The main concern is the traffic.  Right now, there is a reduction of 58 units.  Consider 2 cars for every unit that is 116 units per day.  This will create less traffic.  A couple of conditions are the ADA parking requirements, the easement, and a fence.  I also agree with the need for pedestrian access. 

 

S. Gendron:  I have to say that I am torn on this project.  I think it is a good project, lots of open space, less parking, and traffic is a huge concern.  So the idea of reducing the units is a positive thing.  That said, I do think as a city that we need to take special care to the mill buildings.  We have gotten a lot of mileage out of the buildings.  I do like the mill.  I can understand the concern about the tearing down the mill building.  That mill makes this unique.  Regardless, there should have been some research about the keeping of the mill building, and I am afraid I am not going to support this site plan.

 

J. Clermont: the city departments do report back to us.  All the departments have reported favorably on this project.

 

Motion:

The Special Permit and Site Plan were approved with the following conditions:

1.       No electric, water or gas meters shall be located in any location visible from Middlesex Street.

2.       The applicant must incorporate all of the City Engineer’s comments, and receive an affirmative comment from the City Engineer, and/or address comments necessary to achieve approval from the City Engineer.

3.       The applicant must provide for pedestrian access to the site at the western entrance of the site (the entrance closest to the Chelmsford town line).  Such pedestrian access must be similar in style to pedestrian access provided at the eastern entrance, and the applicant must provide DPD with a final set of plans showing such access.

4.       The applicant must provide a privacy fence along the eastern portion of the site, which abuts the Riverside Condominium Association property.  The applicant shall discuss the final fence design and height with the condominium association, and must come to an agreement as to the type and height of fencing that shall be installed.

5.       The applicant must update the site plans for the development to ensure full compliance with ADA standards.  The City’s Traffic Engineer must provide final review and approval of this compliance.

6.       The applicant must create an easement to the site to allow the City to access the drainage system in the event of an emergency.  The City of Lowell will have permission to enter the site, repair the drainage system and charge the owners on the site, in the event that the drainage system fails and is not repaired by the condominium association.

 

The motion was made by Member Joseph Clermont and seconded by Member Richard Lockhart.  The motion to approve the special permit passed with all members voting in favor (5-0).  The motion to approve the site plan passed with four members voting in favor and Member Stephen Gendron voting in opposition (4-1).

 

Site Plan: 295 Varnum Avenue

The Lowell Planning Board will review an application by Lowell General Hospital for site plan review of the development of the property located at 295 Varnum Avenue.  The proposal includes the construction of a new 112-space parking lot, next to existing parking areas, to serve the Lowell General Hospital campus.  The site is located in the PDMI (Planned Development Medical/Institutional) zoning district.  Site plan review is required under Section 11.4 of the Lowell Zoning Ordinance.

 

The following individuals spoke in favor of the project: 

Winfred Brown (Applicant), Jerry Foley (Applicant’s Engineer), Dick Carvel (5525 Varnum Avenue)

 

In Favor:

Win Brown (VP Administration of LGH):  The hospital is requesting an additional 112 parking spaces adjacent to our existing parking.  We are requesting this expansion because we have expanded by 200 employees.  We are at capacity in parking during the week.  We are proposing to expand our day time parking.  Currently we have 400+ employee spaces, and what we need is roughly 700 spaces.  We have met twice with the PCC.  We have been working to ensure that this does not impact the visuals of the site.  We propose this as a short term solution until we can complete an expansion project. 

 

Jerry Foley (Applicant’s Engineer): Thank you again, the location is here on the campus.  This is the entrance here, in a wooded area.  Total disturbance is approx 1.7 acres.  You can come in or out of either one, with 45 degree angle parking, with one way throughout.  Everything will sheet flow here to a retention pond.  This is designed to retain the entire 100 year storm.

 

Dick Carvel (5525 Varnum Road): I am on the board of PCC, and I am here to speak in favor of this project.  Mr. Brown went over this in great detail with us at PCC.  We found LGH to be a good supporter of the neighborhood.

 

The following individuals spoke in opposition of the project:

None

 

In Opposition:

None

 

General Discussion:

J. Frechette: I did speak to Mr. Brown regarding the proposal.  I did also attend the meeting.  All of the concerns from the neighborhood have been addressed.  My one comment; for the time being this is adequate, but I think in this case the landscaping is not as necessary.  One of the concerns is the traffic exiting the hospital, and Mr. Brown has been very responsive. 

 

S. Gendron: I was up there as well; it is tucked away and has a good buffer.  My only question is regarding the City Engineer.

 

R. Lockhart: My only concern is about the drainage, that should be reviewed by the City Engineer.

 

J. Clermont: I think the site is well thought out and designed. 

 

T. Linnehan:  I think it’s a good project.  It is just going to be the parking for the employees. It is good that you went to the neighborhood first.  Regards to the drainage we can make a motion to get final approval from the City Engineer.

 

Motion:

The Site Plan was approved with the following condition:

1.       The applicant must receive an affirmative comment from the City Engineer regarding the adequacy of the proposed drainage system for the parking lot development.

 

The motion was made by Member Richard Lockhart and seconded by Member Stephen Gendron.  The motion passed with all members voting in favor (5-0).

 

New Business

Pre-Application Sessions:

The following individuals have requested for the Planning Board to provide a preliminary review of their proposed project at the addresses listed below.  These are not public hearings.  Each project will require a public hearing as noted below.

 

¨       Project Address: 35 Manufacturer’s Street

Applicant: Polaris Engineering

Project: Construction of 20 units

Zoning: TMU (Traditional Mixed Use)

Required Review: Site Plan & Special Permit

 

General Discussion:

Jim Flood (81 Bridge Street):  Representing Dean Jenkins, proposed developer, Matt Hamor, and Sandra Fishman.  This is a vacant piece of property that is basically a dumping ground in the neighborhood.  It is the hope of the applicant to develop 20 townhouse units on site.  We are also proposing a gated community.  I think this will be a benefit to the neighborhood.  The plan conforms with all aspects of the zoning.  We are here for your feedback.

 

Matt Hamor (Engineer):  The plan is a combination of duplexes and triplexes.  We are proposing a one way in and one way out.  Everything in green are landscaped areas.  This will likely have a subsurface drainage or surface drainage over here.  The site is flat; it’s a dumping ground for the neighborhood.  By coming in with this development, we believe that this layout is the best for the project. 

 

R. Lockhart: The green parcel in the back is just open space.  It might be a gated community?

 

J. Flood: It will use a card system.

 

D. Jenkins: What I have looked at from the start is a wrought iron fence. 

 

T. Linnehan:  Obviously you want something that is going to work.  You should likely work with DPD.

 

M. Hamor:  There is a parking area here, and at night this area behind this fencing; there are obvious signs that something is here for security measures. 

 

R. Lockhart:  As far as the parking, these are garage parking.  How is this determined?

 

J. Flood: That is based on .75 per bedroom.

 

R. Lockhart: You may want to extend the parking for visitors. 

 

J. Frechette:  The site of the dumpster?

 

M. Hamor:  We are going to move that over here.

 

S. Gendron:  The constraint here is the parking.  Additional parking would be a benefit here.  This is right on the edge of the lot are per dwelling unit requirement.  My feeling is that the LA per DU is intended to make sure there is enough space, yet this lot is awkward.  I think you should consider the LA per DU on a square lot, not including the land in the back.  I think you should provide more land area per DU. 

 

D. Jenkins:  If I may, it is a rectangular lot.  But this has the ability to create a playground area for the site. 

 

S. Gendron:  I do like the fact that you are separating the units.  This neighborhood is incredibly dense.  I think that it would be good to clean up this site, but I would still like you to eliminate a couple units.  I think 2 bedrooms are better than three bedrooms.  I also think the one way is not the best. 

 

J. Clermont:  I think the members have touched upon the areas of importance.  I think you could run paving up that space in the back for more parking.

 

¨       Project Address: 76-80 Rogers Street

Applicant: Perry and Rogers, LLC

Project: Construction of 35 townhouse style units

Zoning: TMU (Traditional Mixed Use)

Required Review: Site Plan & Special Permit

 

In Discussion:

J. Flood:  I am here on behalf of the developer.  This is zoned TMU.  The plan as presented tonight conforms to zoning.  And I have been working with Tom and Diane for over a year on this project.  Their initial intention was to renovate the building.  After a year of review, this is not possible.  We are proposing 35 condo units.  Our proposal would be to have the development off Rogers Street.   We feel that Rogers Street is a better way to enter the site. 

 

J. Foley: This is an existing conditions plan.  Vicinity wise, we took a step back from this site to look at area characteristics.  We’ve looked at this plan from a number of different avenues.  This is what we are proposing.  Because it is a rectangular space, we broke it up along Perry Street.  If you look at the zoning table I passed out, we have 10 parking spaces more than are required. 

 

T. Linnehan: I know when we did the walk through on this site we talked about the part along Perry Street, and how to address this streetscape here.  Can you address this?

 

J. Foley: The proposal will close the curb cut on site.  And place a fence along Perry Street.

 

R. Lockhart: Do you have planned decks for the units?

 

J. Foley: There are no plans at this time. 

 

R. Lockhart:  I think you have too many units on this site.  I think if you drop down a couple units, you can create more green space. 

 

J. Flood: I think because of the expense incurred to date that is not possible.  They did cut the units down a little bit.

 

J. Frechette: You will have some issues with turn around here for fire safety access.  This is a key site in the area.  It would have been nice to see something incorporated with a TMU sense, and the surrounding neighborhood.  It is a shame that Perry Street cannot be incorporated. 

 

S. Gendron: I’d like to reiterate what Mr. Lockhart has stated.  I think the density of this is an issue.  I think it is too dense for the neighborhood.

 

J. Clermont: Just a couple of quick comments, have you been able to speak to the neighbors.  I’d encourage you to do that.  You have quite a few units in here, if you can set a side some green space here that would be a benefit.  The height you are proposing is 45 feet?

 

J. Foley: Yes.  They would be similar to the units along Perry Street.

 

Other Business

The Board voted to cancel the February 22, 2007 meeting due to there being no scheduled public hearings.

 

ZBA Notices:

612 Beacon Street (Grimshaw Francis E Grimshaw Deborah)

R. Lockhart: Motion to recommend DENIAL for the following reasons:

·         Should the project be approved, the Board feels a precedent may be set with regards to permitting that would not be healthy within the community

·         There appears to be plenty of room on the other side of the building for the carport to be located

J. Clermont: Second the motion

All members voted in favor of DENIAL (5-0)

 

524 Westford Street (Maytle Ramos)

S. Gendron:  Motion to recommend DENIAL for the following reasons:

·         The lot and the neighborhood are too small for this project

·         Home occupations with no parking should not be allowed within the City

 R. Lockhart: Second the motion

All members voted in favor of DENIAL (5-0)

 

1148 Bridge Street (Mike’s Signs c/o Alberto Jimenez)

S. Gendron: Motion to take no action on this project.  The applicant appears to have a parking shortage on site.

J. Clermont: Second the motion

All members voted in favor of taking no action until adequate parking for the project is proven (5-0)

 

278 Branch Street (Tea Peter)

J. Clermont: Motion to take no action on this project due to the project requiring a public hearing before the Planning Board, as required by the repetitive petition process.

R. Lockhart: Second the motion

All members voted in favor of taking no action (5-0) 

 

 

These minutes were approved by the Planning Board on May 21, 2007

J. Clermont: Motion to approve

J. Frechette: Second

All members voted in favor (5-0).

 

 

________________________________________________________

James Errickson, Associate Planner/Planning Board Administrator