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Minutes for Zoning Board of Appeals on April 13, 2009, 06:30 PM
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Minutes
of the Lowell Zoning Board of Appeals for the Meeting held on
April 13, 2009
Meeting
of the Zoning Board of Appeals was held in the City Council Chambers, Second
Floor, City Hall,
Chairman Geary called the meeting to order
and stated that there were a number of petitions that he expects to move
forward quickly, as well as some that he expects will take a considerable
amount of time; therefore, petitions will be called out-of-order than that as
presented on the agenda.
Chairman asked that any one wishing to
address the board should be sure to state their name and address for the
record, and also sign in at the podium so as not to be interrupted while
speaking.
ZB-2009-000011 (090323-011)
Petition Type: Variance
Applicant:
Re Property
Located at:
Applicable Zoning Bylaws: TTF - Traditional Two Family
Petition: to re-establish the former lot line
between 26 and 28 North St. allowing for the construction of a single family on
the vacant lot at 28 North St.
Mr. Belanger, down to four
4 board members, will need unanimous vote, will have to continue.
Attorney, will give update,
board suggested dividing lot line the applicant was with the board on
suggestion, 28 north street being registered land, the process on moving the line
on the registered parcel is a very big process, could take years and may not
even be possible, at this point the applicant would like to move forward on her
original application, it may not even be a possibility. Board requested
plan/sketch and I have drafted condition on the variance where there would need
to be an easement granted and recorded once parcels were in separate ownership,
also with the condition should the property come into separate ownership an
easement would have to be granted.
Mr. Belanger, still we have
4 spots on
Attorney, I think at this
point we will move forward, presented everything we can.
Mr. Belanger, board members
state we opened to public last week, now will open to the board.
Mr. Cavanaugh, big concern
would be to accommodate parking in adjacent lot, isn't the ideal situation,
would consider this as long as the parking was not too close to the existing
house shown on previous plan, reserve some off street parking, plan seems
reasonable.
Attorney, given the
characteristics of the neighborhood it is abnormally close to the house, there
is parking off the street, not a lot of it, will run along the house, and as far
as the plan concerns the surveyor says it's realistic to have a four car area.
Building Commissioner, we
are looking at approximately 3 feet from the building to the vehicle, it
appears they have it.
Mr. Bienvenue, still have
the easement on the lot? move the four cars over a little more giving more room
to the 2 family, it works nice in the neighborhood, if she's proposing that it
would be a good situation, both parcels are almost equal, could the easement be
put down the middle, gives more room and move parking a little bit more
away. When these parcels are broken, if
she sells will it become a lot line through the courts/sale?
Attorney, only the resident
or owner of lot 26 can use, the owner of lot 28 is essentially of it, pays
taxes on it and cannot interfere with the use of that easement. The lot of
owner 28 would be able to do anything they want to that property, because
there's an easement it wouldn't be in danger or losing property.
Mr. Bienvenue, requesting
more room on easement, move parking over, give 5 feet or so, make condition
that this is the only thing built?
BC, single story?
Attorney, loft, not a full
2 story.
Corey, that's what is being
submitted.
BC, if that is the board's
desire it would work.
Corey, board in support of
it, finally found the finished product here, not too much for neighborhood,
creating 2 more off street for the 2 family.
Mr. C, motion to approve
parking made available on lots, said parking area is made exclusive on area,
accommodate 4 vehicles, additional condition, easement be based on plan as
modified by Mr. Bienvenue and submitted which essentially separates lots in
equal portion, the house on 28 North St in conformance.
M. Bailey, seconded the
motion.
ZB-2009-000013 (090413-013)
Petition Type: Special Permit -
Signs
Applicant: R F Construction
& Maintenance
Re Property
Located at:
Applicable Zoning Bylaws: NB - Neighborhood Business
Petition: to install an internally illuminated,
projecting sign for jewelry store (retail location at
Mr. Nuon, read petition
into the record.
Mr. Fisher, one reason for
sign is for visibility; several customers pass by because of the busy street,
put the sign up higher and see it from either direction.
Mr. Nuon, in favor of
petition? None. In opposition of this
petition? None. Open to the board.
Mr. Bailey, do you work
there? Is the owner of the facility there?
Mr. Lot, owner of the
building, 10 years owned store.
Mr. Bailey, sign proposed,
what do you anticipate gaining from that sign?
Mr. Lot, first in area to
have design, something new to neighborhood, current customers missing business.
Mr. Nuon, unsure petitioner
is made aware of recommendation.
Mr. Knox, read memo from
Dianne Tradd, sign doesn't meet sign codes, sign doesn't meet the location for
sign code, no sign materials proposed, not a lot of internally lighted signs on
area, this signage would not meet street scape, recommends external wall
signage for location.
Mr. Bailey, petitioner
needs to understand proposed sign has some challenges before it, nothing
further.
Mr. Knox, agrees w/ Mr.
Bailey, perhaps petitioner is not aware of specific codes, is incompliance of
codes now, suggest for continuance.
Mr. Belanger, agrees with
board members, signage inadequate now, in favor of putting something there, too
high, not helping in any way, would be best for continuance, sit down w/ DPD,
Diane Tradd get into compliance.
Mr. Fisher, will talk to
Diane Tradd.
Mr. Nuon, other issues here
is that the insurance, if the sign is going up this high, the city will be
liable, prepare to come back to the next meeting, withdraw or request
continuance, comply with the codes before coming back.
Mr. Fisher, continue to May
11th.
Mr. Belanger, motion to
cont.
Mr. Bailey, seconded
ZB-2009-000014 (090413-014)
Petition Type: Special Permit
Applicant: Coelho Fuel, Inc.
Re Property
Located at:
Applicable Zoning Bylaws: TSF - Traditional Single Family
Petition: to expand the existing non-conforming
automotive fuel and repair services to
include the sale of used automobiles in accordance with the
Mr. Nuon read petition into
record.
Mark O'Hara, civil
engineer, behalf on the family, requesting board grant special permit non
conforming use, fronted on 3 streets, only work proposed on site would be 20
automotive parking spots for vehicles, as well as the additional parking spaces
for customer use, meets requirements for zoning code, install privacy fencing
between him and abutters.
Mr. Nuon, here to speak in
opposition?
Gloria, strongly disagree,
fixing motor cycle causing noise, doesn't want him to fix car over there, cause
hazard.
Penny,
Pamela, another neighbor
spoke in opposition.
Mr. Nuon, closing, opens
for anyone in favor.
Mario, Princeton Blvd.,
prior to this place the place was busier, installed gas and did repairs, now
there are dogs, repairs have decreased, never had any problems with owner or
situations required to be against the request, in this time business man has to
maximize opportunities presented to them, commercially zoned, lot is big enough
to sell vehicles, 50 or 20, up to board to decide how many vehicles, lot is big
enough, since the owner bought the building they have cleaned up the area, cut
down all trees and bushes, 4 or 6 town houses, in the winter they keep it up,
have not seen them having a problem or debate with neighbors, in favor of
petition.
Mr. Nuon, public hearing
closed, opens to board. Abutter asked questions, RE: number of cars.
Mark, appears to be 20 cars
Mr. Bailey, applicant have
any used car experience, selling them? Sinage? on plans is it a garage abutting
lauriate St.? Office for business? Proposed business hours? Height of fence?
Question for commissioner about violations
Manuel, 4 Jennifer Road,
worked for 3 used car lots as a mechanic or used sales business? never ran own
business, owned own repair shop, not for sales, no change in signage, just a
storage garage, office we use now (same existing office), same ownership 2
different businesses running out of the office, same hours as fuel 6am-8pm
Mon-Fri, 8am-6pm on weekends, opened 7 days a week, 6 ft. fence chain link slat
fence.
BC, violations removed.
Mr.Bailey, if granted goes
before license commission?
Building Commissioner, yes.
Mr. Knox, address the
Commissioner, allowed to specify what violations they were?
BC, some used auto car
sales, issue w/ parking with over sized vehicle, were car there from out of
state I believe, was addressed and corrected 5-6 weeks ago or longer, ceased
violations.
Manuel, NH dealer placing
vehicles there.
Mr. Knox, if there is a
violation prior, needs willingness for petitioner to reach out to neighborhood,
with the exception of one individual, neighbors were insulted and very abused,
some comments by planning board, not doing anything to enhance neighborhood,
number of vehicles in area, not 100% certain I'd approve petition.
Mr. Belanger, share same
sense with Mr. Knox, to sell cars in area need proper licenses to do so, as far
as the plan it does present some challenges, trying to get most out of lot, the
abutters are entitled to some fencing, fencing should come down the street,
better than a chain link.
Manuel, city trees on
property that hang.
BC, photos here not showing
trees in question.
Manuel, 17 neighbors signed
petition saying they were all for it.
Mr. Belanger, regarding
DPD, paving? Not maintained over the years
Manuel, looking into doing
a new building, put in a steel building
Mr. Belanger, propane station
in the area?
Manuel, home heating oil,
not propane, belong to Marchand
Mr. Belanger, I'd like to
see it removed, hazard in neighborhood, see it fenced in entirely, safety
concern w/ neighborhood
Manuel, not sure if we can
fence over overhang
Mr. Belanger, work with
building department, something can be done, RE: number of cars, I think you
have the room, very large parcel, 20 might be a stretch, you have facing Princeton
Blvd. its 16, cut down to 10 facing the street, corner on Baldwin St OK, few
concerns here, wants to satisfy neighborhood as well.
Mr. Cavanaugh, the number
of employees dedicated to business? Busy area, number of vehicles, and lack of
experience, not a clear plan here, did you see City Engineers comments?
Manuel, 3, all family, same
employees
Mr. Bienvenue, neighbors do
have concerns, Lauriate St concerns, would be beneficial to applicant you work
with DPD, number of car, not for 16, maybe for 4, come back to board for
additional cars, who would sell the cars?
Manuel, Auto Wholesalers
out of NH, none of any of our own vehicles
Mr. Bienvenue, speak to
Engineers about runoff, in favor of 4, no cars on corner of Baldwin St., needs
landscaping, spruce it up, as city work together, cut pavement up and put
landscaping in, the fence should be stockade to front of area, in favor of
sitting with Commissioner and DPD.
Mr. Nuon, concurs with
board members, Baldwin and Princeton are very busy, around area all single
family and 20 cars is too much, number of concerns board members addressed if
you go forward tonight, address some of those issues, what kind of fence,
talking to the neighbors, clean up plan, talk to DPD about issues and cut back
number of cars, 6 or 7? 4 or 5? A number of things need to be done, to do so,
and accommodate neighbors, what kind of fence would you like to see there? You
want good neighbors, what do you want to do? Decide tonight?
Manuel, request a
continuance? 30 days, would board be opposed to having 2 rows deep?
BC, responses by other city
departments, direction should be for him to submit a new plan for review,
starting with engineering or DPD, come back with suggestions from them.
Mr. Nuon, submit new plan
to Commissioner, if you need more time let us know, come prepared next time.
Mr. Belanger, fencing
concern, extend 6 feet, motion to continue to May 11th.
Mr. Bailey, seconded the
motion.
ZB-2009-000015 (090413-015)
Petition Type: Special Permit -
Signs
Applicant: Bohler
Engineering
Re Property
Located at: 346, 350, 356 WESTFORD ST
Applicable Zoning Bylaws: NB - Neighborhood Business
Petition: for the re-facing/re-imaging of existing internally illuminated "TD
Banknorth" signs according to Section 6.3.4 of the Lowell zoning
Ordinance.
Mr. Nuon read into
petition.
Steve, Bolhler Engineering,
TD Banknorth to TD Bank, changing a lot of signs, replacing 3 existing signs at
location they would like to be internally illuminated with the new TD image,
sings are currently illuminated.
Mr. Nuon, in favor of
petition? none. In opposition? None.
Opens to the board.
Mr. Bienvenue, all re-facing
all the signs? That the rest of the banks are putting?
Steve, freestanding signs
are lower, basically re-facing signs.
Mr. Belanger, very similar
to what is already there, no problem with it.
Mr. Bailey, very busy
location, appearance will enhance area, supports.
Mr. Belanger, motion to
approve.
Mr. Bailey, seconded the
motion.
ZB-2007-000067 (080114-006) – Original Approval: January 28, 2008
Petition Type: Request for
Extension of Relief Previously Granted
Applicant: POLAK PRISCILLA M
Re Property
Located at: 10 WYMAN ST
Applicable Zoning Bylaws: SSF - Suburban Single Family
Original Petition: to subdivide lot, maintain existing
structure and construct a single family with insufficient lot area, lot area
per dwelling unit, and minimum lot frontage; as required by Art. V, Sect. 5.1
of the Zoning Ordinance.
Extension:
for a period of six months relative to variance originally granted
January 28, 2008; and further extended to May 10, 2009.
Mr. Nuon read into
petition.
Mark Polak, son of
Priscilla, asking for extension, asking for 6 month extension to sell property.
Mr. Bailey, second request
for extension.
Mr. Belanger, motion to
grant extension 6 months.
Mr. Bailey, seconded the
motion.
ZB-2007-000020 (orig approval 05/14/07)
Petition Type: Request for
Extension of Relief Previously Granted
Applicant: Diane Perry
Re Property
Located at: 99 ROSEMONT ST - a.k.a. 87 Lafayette Street
Applicable Zoning Bylaws:
Original Petition: to subdivide existing lot and construct a single family dwelling within
the Flood Plain Overlay District according to Section 9.1.14 of the Lowell
Zoning Ordinance
Extension: for a period of six months relative to
variance originally granted May 14, 2007; and further extended to May 14, 2009.
ZB-2007-000021 (orig approval 5/14/2007)
Petition Type: Request for
Extension of Relief Previously Granted
Applicant: Diane Perry
Re Property
Located at: 99 ROSEMONT ST - a.k.a. 96 Alma Street
Applicable Zoning Bylaws:
Original Petition: to subdivide existing lot and construct a single family dwelling within
the Flood Plain Overlay District according to Section 9.1.14 of the Lowell
Zoning Ordinance
Extension: for a period of six months relative to
variance originally granted May 14, 2007; and further extended to May 14, 2009.
Mr. Nuon read petition into
record.
Diane Perry, applying for
extension on both properties, 3rd extension, hope to resolve this, has had some
positive input on moves right now.
Mr. Bailey, just land?
Diane Perry, yes.
Mr. Belanger, lots on
market?
Diane Perry, on market
since last year.
87 Lafayette - Mr. Belanger
approve extention. Mr. Bailey seconded
96 Alma - Mr. Belanger
approved, Mr. Bailey seconded
