Minutes of the Lowell Zoning Board of Appeals for the Meeting held on

January 26, 2009

Meeting of the Zoning Board of Appeals was held in the City Council Chambers, Second Floor, City Hall, Lowell, MA, and was called to order at 6:30 P.M.  The purpose of the meeting was to hear requests regarding Variances and Special Permits from various petitioners.

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-2008-000048 (081124-052)

Petition Type: Variance

Applicant: RTJ REALTY LLC

Re Property Located at: 301 CHELMSFORD ST

Applicable Zoning Bylaws: RR - Regional Retail

Petition: to raze an existing structure and construct a new commercial building within 15 feet of the USF residential zoning district according to Sections 4.5.4 and 5.1 of the Zoning Ordinance.

Chairman read petition into record, read letter into record from Attorney Forsley to continue til May 27, 2009, the applicant is unprepared; opens to the board.

No one has any questions.

Mr. Belanger, motion to continue.

 ? Seconded the motion.

ZB-2006-000047 (2006-0047)

Petition Type: Administrative Review of Previously Granted Relief

Applicant: City of Lowell / DPD

Re Property Located at: 251 MT VERNON ST

Applicable Zoning Bylaws: UMF - Urban Multi Family

Petition: to re-affirm Special Permit and Variance granted December 2003, but not exercised, to substitute the non-conforming use of storage warehouse to studios for musicians;without the required parking in the former M4 zoning district.

Chairman, Adam Baacke emailed request to continue til February 9th, anyone have questions or comments?

Mr. Belanger, board granted special permit and variance awhile back, made the motion to continue.

Mr. Nuon, seconded the motion.

ZB-2009-000001 (090126-003)

Petition Type: Variance

Applicant: PHATHANAK PHONEPHASAY PHATHANAK PHOMMY

Re Property Located at: 43 ARLENE RD

Applicable Zoning Bylaws: TSF – Traditional Single Family

Petition: to construct an addition to a single family with insufficient side yard setback in accordance with Art. V, Section 5.1 of the Zoning Ordinance.

Chairman, read petition into record.

Olivia, 42 Arlene Road, expand side of the hosue to expand living room and basement area, 12 feet by 2 fett, living room and bedroom in basement.

Chairman, needs sketches as to what this will look like, plot plan? outlined gap, rough sketch of addition of house, requesting sketch, match roofline?

Olivia, yes, same height.

Mr. Bailey, who owns the fence on the side? chainlink fence

Olivia, its the neighbors fence to the right

Mr. Knox, rended the sketch?

Mr. Nuon, they are not familiar with process, roof will be the same, requests pics to protect petitioner, vote with conditions added.

Chairman, prefers not to do, put condition prior to building anything

Mr. Belanger, well maintained home, nice area, wants to see finished product; pics before constructions, backyard has considerable slop - sewerage?

Chairman, scales are wrong 1-20 inces

Mr. Cavanaugh, nice neighborhood, no one expanded property line, consider extending rear not nice, requesting pictures, any changes to parking/driveway - shedd not entirement on lot either, speak to neighbors, sign petition and bring to the board.

Chairman, when was the house purchased?

Olivia, 1996?

Chairman, shedd on property when purchasde?

Olivia, No, added on

Chairman, FYI move over a few feet if selling the house, needs assurance it will be done right/properly, make sure scales are right and the foundation, is the shedd against the fence?

Olivia, no there is room for it.

Building Commissioner, fence runs to back corner? not showing fence on lot line

Chairman, ask Mr. Ahoe about plot plan and continue

Building Commissioner, may be good opportunity to correct plot plan, will get a hold of surveyor and let him know

Chairman, get sketch of addtion

Mr. Bienvenue, 1-20 scale, fence put there and shedd was put up - appears to be closer to deck but it isn't, may have encrouchments on property

Chairman, make sure of what we are approving

Building Commisioner, will talk to Mr. Ahoe

Chairman, come back on February 9th with a sketch and check with the builder and consider putting it in the back rather than the side.

Mr. Cavanaugh, needs legal guidance based on the shape, present case to us as to why it can't be done in the rear.

Chairman, all of those in favor, none, all of those in opposition, none, closed the the public.

Mr. Nuon, motion to continue.

Mr. Knox, seconded the motion.