MEMORANDUM

TO:                  Mayor Edward “Bud” Caulfield

                                    And

                        Members of the Lowell City Council

FROM:            Bernard F. Lynch, City Manager

DATE:             February  15, 2008

SUBJECT:       MOTION OF 1/29/08 BY COUNCILOR RODNEY ELLIOTT

REQUEST THE MANAGER PROVIDE A STATUS REPORT ON THE WESTERN AVENUE ARTISTS LOFTS PROJECT GIVEN BOARD OF APPEALS PERMIT DENIAL

In regards to the above-mentioned motion, at my request the Department of Planning and Development assembled a report on the decision as well as a more general description of the ZBA process.  Attached, for your review, is a copy of the record of decision for the public hearing on January 28, 2008 for a special permit and variance for the construction of live/work space units at 122 Western Avenue (a.k.a. 150, 200, 250 Western Avenue).  The Zoning Board of Appeals (ZBA) voted 4-1 to deny the special permit under the artist overlay district for the conversion of a portion of the building to live/work units under Section 9.3 of the Zoning Ordinance, and the variance from the parking requirements under Section 6.1.4 of the zoning ordinance.  The decision was filed with the City Clerk’s office on Friday, February 1, 2008. 

As with any denial of a decision by the Zoning Board of Appeals, the applicant has only a few options.  The applicant has the option to appeal a decision within 20 days of the filing of the decision.  An appeal must be filed with the Land Court or Superior Court, pursuant to Section 17 of MGL Chapter 40A.

If you have any further questions, please do not hesitate to contact me.  Thank you.

Attachment