LOWELL HISTORIC BOARD

PUBLIC HEARINGS

July 11, 2005 at 6:00 p.m.

MEMBERS PRESENT                                                             OTHERS PRESENT

Kevin Broderick, Chairman                                                        Adam Baacke, City of Lowell

Peter Aucella                                                                            Philip Belanger, Belanger & Foley

J. Matthew Coggins                                                                   Tom Byrne

Rachel Edlund                                                                           Deborah Fennick, Fennick McCredie Architects

Martha Mayo                                                                            James Graham

Ernie Middlemiss                                                                       Mark Goldman

                                                                                                Laurel Brooks Kapala, Cappys Copper Kettle

                                                                                                Tom McKay, Suffolk Crossing

                                                                                                Frank McCabe, Suffolk Crossing

                                                                                                Stephen Stowell, Administrator

1.   PUBLIC HEARINGS

      A.  DLHD-05-83: 65-115 Middlesex Street

Site of Hamilton Mfg. Co. Storehouse No. 1 and Boardinghouses.  Application for a Certificate of Nonapplicability for construction of a 900-space mixed-use parking structure, including 17,500 square feet of ground floor commercial space.

The Chairman read the published Public Hearing Notice and declared the Hearing open to those wishing to speak in favor of the application.

The Chairman recognized Adam Baacke, Deputy Director for Economic/Community Development, who introduced Deborah Fennick, architect for the project.  Mr. Baacke stated that project’s goal was to replace existing surface parking lots with a 900-space parking structure that would include ground floor retail space.

Mr. Baacke said that the proposed structure is meant to be an anchor to the JAM urban renewal area.  He noted that the five level garage is proposed to be located on lots bound by Jackson Street , Marston Street, Middlesex Street, and the Massachusetts Electric substation parcel.  Vehicles will access the garage through the east elevation from a new access drive between Middlesex and Jackson Streets running parallel to the Massachusetts Electric parcel. 

Mr. Baacke noted that primary pedestrian access would be at the southwest corner at Marston and Middlesex Streets via a stairway and two elevators located in a glass and metal panel stairtower.  The primary access will also be situated immediately adjacent to an expanded sidewalk/plaza area created by stepping back the façade of the garage, a space that may be used for future outdoor dining by a potential restaurant.

Ms. Fennick expanded on Mr. Baacke’s presentation, detailing the proposed storefronts including the location at the corner of Middlesex and Marston Streets that is intended to be the anchor tenant, most likely a restaurant.  She also addressed ventilation issues, as the proposed structure would be an open-air building. 

Ms. Fennick presented material samples to the Board and explained in detail the materials that would be used and how they would help maintain and reflect the context and character of the area.  She noted that architectural precast concrete spandrels and columns will include details such as reveals and panels to create textural variety on the structure.  All concrete will have a medium sandblast finish to slightly expose aggregates, creating additional variation in texture.  Brick tiles set in precast concrete panels will also be used extensively throughout the facades on all sides.  In addition to the glass and metal panel stairtower, similar materials will be used for the commercial storefronts along Middlesex Street.  Ms. Fennick noted that architectural fencing and metal grilles will also be located along the ground level on the Jackson Street façade and portions of the Marston Street façade to provide security. 

Mr. Baacke stated that the sidewalks surrounding the site would utilize the downtown standard Victorian street light and that street trees would also be planted.

Ms. Fennick explained the goal of developing the retail space as well and how that was incorporated into the project.  She noted that they wanted to make the retail spaces as transparent as possible as to attract more customers who could see into the space.

Having asked aloud 2 more times if anyone else wished to speak on behalf of the proponents and hearing no one, the Chairman declared the Hearing closed to proponents and opened the Hearing to those who wished to speak in opposition. 

Tom Byrne asked about overnight parking and if the City intended to close the garage at night.  Mr. Baacke stated that the garage is being designed to be flexible in its operations.  He felt the opening of the garage would likely be in advance of much development in the area and currently he does not expect a demand initially for overnight parking.  He added that as the area begins to change and develop, that they expect the overnight demand will rise so the garage has been designed to initially be closed at night and then ultimately switch over to 24-hour operation. 

The Chairman asked if any changes have been made yet to make this possible or if it was just a matter of making the decision to keep the door open.  Mr. Baacke confirmed that it would just be a matter of keeping the door open.

Mr. Byrne asked that when the demand reaches a point when it is worthwhile for the City to keep the garage open 24 hours, will they entertain offers from people to rent space in the garage on a long term basis.  Mr. Baacke confirmed that they would and were already working with some property owners.  

Having asked aloud 3 times and hearing no one, the Chairman declared the Hearing closed to opponents and opened the Hearing to comments or question from Board members and the staff.

Ms. Mayo asked if the applicants were familiar with the colors of brick used in the area, including yellow and red brick.  Mr. Baacke and Ms. Fennick confirmed that they were.  The Administrator added that the dominant color used in the area was a bright red and that was the direction suggested to them from the beginning.  Ms. Mayo stated that she was aware of the dominant colors and concerned that the color samples of brick were too red.

The Chairman asked if Ms. Mayo meant the particular red presented as a material sample or red in general.  Ms. Mayo confirmed she was concerned with red in general.

Mr. Aucella stated that he attended many of the design review meetings and there was much concern over not enough brick and too much concrete.  He noted the strong desire to make the building fit into the fabric of the neighborhood. 

Ms. Mayo stated that she felt a different color of brick would give the neighborhood some variance.

Mr. Aucella added that he felt the design was terrific, given the level of budget that the project was having to live within. 

Mr. Aucella asked the Administrator if the Board needed to vote on the demolition of the building which is currently there.  The Administrator noted that this project was a major component of the approved JAM Plan which went through extensive environmental reviews, including the Massachusetts Historical Commission, who have concurred with the construction of the garage at this location and demolition of the non-contributing commercial structure.

Mr. Baacke and Ms. Fennick agreed that a motion with demolition included would be agreeable to them.

The Chairman asked what the applicant planned to do about the excessive sunlight coming into the proposed

storefronts.  Ms. Fennick stated that the glass would be tinted and they would also have canopies to shade the storefronts.  The Chairman asked how far the canopy would project. Ms. Fennick stated that it would project about four feet.  Ms. Fennick also detailed the idea of creating a light shelf above the windows which would help reflect light onto the ceilings of the stores.

Mr. Middlemiss stated that as the Board’s representative from the Downtown Lowell Business Association, he called some of the neighbors of this project to see what their thoughts were on it and they were supportive of the project.  He noted that one concern was where people who currently use the surface lots park in the interim while the garage is being built.  He added that another concern of the neighbors was what will happen to the abutting pieces of land.

Mr. Baacke stated that they have earmarked money for parking mitigation and will use other City owned properties in the area as surface parking lots during the interim period of construction.

Mr. Baacke stated that some of the abandoned abutting property the City has made deal to purchase, with which they will create affordable artist housing.  He stated that the CMAA building is being restored with the help of the Architectural Heritage Foundation.  The Joan Fabrics building and accompanying parking lot is also being restored.  The Hamilton Canal Project will also be a large step in revitalizing the area.

Motion by Mr. Aucella, seconded by Mr. Coggins, to:

vote to issue the Certificate of Nonapplicability for demolition of the existing non-contributing building and construction of a 900-space mixed-use parking structure, including 17,500 square feet of ground floor commercial space at 65-115 Middlesex Street in the Downtown Lowell Historic District conditional upon the following:

·         The City continuing working with the Historic Board and National Park on final design, material, and specification details for all aspects of the project work scope (parking garage, surrounding sidewalks, and any anticipated traffic signalization); and

·         The City ensuring that future commercial tenants will follow Board process and review standards for approval of their individual signage needs including inclusion of requirements in lease agreements.

Work is consistent with Sections 3.3 and 5.301 of the Downtown Lowell Historic District Design Review Standards.

      Unanimously approved 6-0.

      B.  AND-05-03: 244 Suffolk Street

Application for an Historic Permit for construction of a residential duplex structure on existing vacant lots and associated site improvements.

The Chairman read the published Public Hearing Notice and declared the Hearing open to those wishing to speak in favor of the application.

The Chairman recognized Tom McKay and his partner, Frank McCabe, as principals for the applicant Suffolk Crossing.  Mr. McKay gave the Board an update on the three buildings the Board previously approved in October 2004 on the abutting lot.  He noted that this lot sits adjacent to the previously approved lot.

Mr. McKay noted that the project is very similar to the previously approved project in terms of design and materials.  He said that the foundation would be concrete and that “Hardiplank” would be used to side the exterior, trim will be “Harditrim,” and asphalt shingles will be used for roofing.  Windows are proposed to be double-hung, 1/1,  wood sash with insulated glass.  Four-panel metal or wood doors will be used for the front entries while rear doors will have glass with two panels below.

Having asked aloud 2 more times if anyone else wished to speak on behalf of the proponents and hearing no one, the Chairman declared the Hearing closed to proponents and opened the Hearing to those who wished to speak in opposition. 

Having asked aloud 3 times and hearing no one, the Chairman declared the Hearing closed to opponents and opened the Hearing to comments or question from Board members and the staff.

Mr. Aucella noted that he felt the lot was an appropriate location to construct a duplex.

Motion by Mr. Coggins, seconded by Ms. Mayo, to:

vote to issue the Historic Permit for construction of a residential duplex structure on existing vacant lots and associated site improvements at 244 Suffolk Street in the Acre Neighborhood District conditional upon the following;

·         Submittal, review, and approval of final design and construction details including, but not limited to, specifications for door and window systems, chimney brick, paint color, shingles, light fixtures, and foundation treatment (light sandblast) prior to commencement of work.  Material and color samples will be required for paint (on-site paint sample), brick, and shingles;

·         Hardiplank siding and trim to have smooth (not raised grain) surface.  Sample of final selection to be submitted for review and approval prior to purchase and installation;

·         Submittal, review, and approval of final details related to the site plan, landscaping, and other site features including, but not limited, to planting schedule, fencing, dumpsters/screens, and lighting; and

·         Submittal, review, and approval of any scope of work alterations and final details prior to commencement of work.

Work is consistent with Sections 3.1, 3.101, 3.12, 3.13, and 3.2 of the Acre Neighborhood District Design Review Standards

      Unanimously approved 6-0.

      C.  AND-05-04: Corner of Broadway and Willie Streets

Application for an Historic Permit for construction of a multi-unit one story commercial structure on existing vacant lots and associated site improvements.

The Chairman read the published Public Hearing Notice and declared the Hearing open to those wishing to speak in favor of the application.

The Chairman recognized Tom Byrne who was present to speak on behalf of the applicant and stressed that the applicant is eager to do what it takes to work with the Historic Board and within the guidelines of the district.

Architect Phil Belanger said that the proposed building was approximately 14,270 square feet and would include14 commercial units.  He noted that the building was “L” shaped with one portion extending north through the site perpendicular to Broadway Street and the other portion parallel to Broadway Street.  Mr. Belanger said that the building was one story in height with a pitched roof that included various gables and dormers.  He said that the roof is lower at the corner of Broadway and Willie Streets in order to screen air conditioning units on the roof, avoiding the need to place them on the ground.   Mr. Belanger also noted that the shape of the building hides much of the parking from Broadway Street.

Mr. Belanger said that the building’s foundation would be concrete while “Hardiplank” will be used to side the exterior and asphalt shingles will be used for roofing.  Aluminum windows will be framed out and trimmed with the siding material as will the doors.

Ms. Edlund had a question concerning the orientation of the plans which Mr. Belanger clarified.

Ms. Mayo asked if the colors of the sketch were the intended colors for the building.  Mr. Belanger stated that they were not.

Mr. Coggins asked what happened to the red brick which was in the first artist’s rendering.  Mr. Belanger stated that through design review meetings that “Hardiplank” was determined to be more in keeping with the context of the area than the brick.  Mr. Aucella asked why they decided that.  The Administrator noted that the clapboard appearance was more in keeping with the residential architecture of the area. 

There was discussion about the change of the footprint from a rectangle to an “L.”  Mr. Belanger added that originally the applicant wanted two separate buildings but due to issues with the Building Department they could not do that.

Mr. Coggins stated that the current artist rendering was disappointing compared to the previous rendering that they received.

Having asked aloud 2 more times if anyone else wished to speak on behalf of the proponents and hearing no one, the Chairman declared the Hearing closed to proponents and opened the Hearing to those who wished to speak in opposition. 

Having asked aloud 3 times and hearing no one, the Chairman declared the Hearing closed to opponents and opened the Hearing to comments or question from Board members and the staff.

Ms. Edlund asked what the height to the sign band was.  Mr. Belanger stated that it was 8’ to the band and an additional 2’10” to the top of the band. 

Motion by Mr. Coggins, seconded by Ms. Mayo, to:

Vote to issue the Historic Permit for construction of a multi-unit one story commercial structure on existing vacant lots and associated site improvements at the corner of Broadway and Willie Streets in the Acre Neighborhood District conditional upon the following:

·         An on-site preconstruction meeting to occur between applicant, contractor, architect, and the Administrator to review plans and project scope to ensure compliance with Historic Permit and conditions.  Regular site meetings with the same individuals to occur throughout construction;

·         Submittal, review, and approval of final design and construction details for the project including, but not limited to, specifications for door and window systems, paint color, shingles, and light fixtures prior to commencement of work.  Material and color samples will be required for paint (on-site paint samples) and shingles;

·         Hardiplank siding and trim to have smooth (not raised grain) surface.  Sample of final selection to be submitted for review and approval prior to purchase and installation;

·         Submittal, review, and approval of final details related to the site plan, landscaping, and other site features including, but not limited to, site signage, planting schedule, fencing, dumpsters/screens, and lighting;

·         Applicant and owner to ensure that the future commercial tenants will follow Board process and review standards for approval of their individual signage needs including inclusion of requirements in lease agreements.  No signage is to be installed on the site or on the building (including signage placed on door and window glass or hanging behind glass) until it has first been applied for, reviewed, and approved by the Board and an Historic Permit issued; and

·         Submittal, review, and approval of any scope of work alterations and final details prior to commencement of work.

Work is consistent with Sections 3.101, 3.12, 3.13, and 3.2 Acre Neighborhood District Design Review Standards.

      Unanimously approved 6-0.

      The Public Hearings were closed at 6:40 p.m.

LOWELL HISTORIC BOARD

REGULAR MEETING

July 11, 2005 at 6:00 p.m.

MEMBERS PRESENT                                                             OTHERS PRESENT

Kevin Broderick, Chairman                                                        Stephen Stowell, Administrator

Peter Aucella

J. Matthew Coggins

Rachel Edlund

Martha Mayo

Ernie Middlemiss

2.   OTHER BUSINESS

      A.  Neighborhood Districts

The Administrator said that the City Council meets the following night, July 12, to vote on the creation of the eight neighborhood districts.  The Administrator asked the board to vote on the recommended motions so that the basic infrastructure was in place in case the City Council voted to approve the districts.

Mr. Aucella asked if they were approving the design standards that had been provided.  The Administrator stated that they were purely informational.  Mr. Aucella said that the Council first has to create the districts before the Board can formally adopt design standards for the districts.  The Administrator confirmed this.

The Administrator stated that the Building Department will need to know what to tell people immediately upon creation of the districts if the City Council so votes.

Mr. Aucella asked if they could have a one-week permitting moratorium and the Board hold an emergency meeting to adopt standards.  The Administrator stated that there needed to be a Public Hearing to adopt standards and in order to do that, the neighborhood committees need to first review the information and make a recommendation to the Board.

The Chairman asked what the new procedure would be for homeowners in these districts.  The Administrator stated that the neighborhood committees’ roles would only be advisory to the Board and then it would fall to the Board to make final decisions for demolition and new construction projects.

Mr. Coggins asked what the reasons would be to deny someone a demolition permit.  Mr. Aucella and the Administrator stated that it was the same concept as the Downtown Lowell Historic District and the Acre Neighborhood District.

Mr. Coggins asked if the Board denied a demolition if the recourse would also be the same, to go to Superior Court.  The Administrator confirmed that it would be.

The Chairman asked why the Board should be able to govern people in the neighborhood districts and prevent people from tearing down their houses.  Mr. Aucella explained that this whole thing began with the demolition at the YWCA site in the Rogers Fort Hill Park Historic District and the reaction of the community to it.  He added that the Board can only do what the City Council authorized it to do.

The Chairman stated that he understood the situation with the YWCA site but did not feel the Board should be able to tell homeowners they cannot tear down their home and build a better home with state-of-the-art products.

Mr. Aucella stated that what it comes down to is that if the City Council feels there is so bad of a problem that they need to use the Historic Board, then fine, but if the problem is not as bad, they will not implement anything.

Ms. Edlund noted the Battles Home lot in the Belvidere Hill Historic District has been subdivided into three buildable lots so someone could buy the land and build something totally out of character with the neighborhood.  The Battles Home itself would also be unprotected from demolition.

The Administrator added that there have been examples in the past where if this process had been in place, historic resources in the neighborhood National Register historic districts would have been better protected and new construction would have been held to higher standards.  He cited the townhomes constructed at the top of Wannalancit Street several years ago as one such example.

The Chairman asked if there was an appeal period for the City Council vote.  The Administrator stated that there was not.

The Chairman stated that it should be a standard application process and Public Hearing for projects in the districts if they are created.  The Administrator said that proposed demolitions and/or new construction would trigger Board review and that by statute, these actions are deemed Major Development and would require a Public Hearing. 

            Motion by Mr. Coggins, seconded by Mr. Middlemiss, to:

vote to create a permitting moratorium for demolition, new construction, or any portion thereof in the respective proposed neighborhood districts to be effective at 12:01 a.m. EST on July 13, 2005 and contingent upon the Lowell City Council establishing said neighborhood districts on the evening of July 12, 2005.  Such moratorium will run until the Board approves the Design Standards for the respective neighborhood districts at a Public Hearing held on the earliest possible date.  The Administrator is directed to contact the Building Department to inform them of the establishment of the neighborhood districts and Board moratorium, and to direct all applicants for work in the respective districts to the Board for determination.

            Unanimously approved 6-0.

            Motion by Mr. Coggins, seconded by Mr. Middlemiss, to:

vote to create the neighborhood committees in the respective proposed neighborhood districts with the committees to be effective at 12:01 a.m. EST on July 13, 2005 and contingent upon the Lowell City Council establishing said neighborhood districts on the evening of July 12, 2005.  If no Board members are residents or property owners of a particular district, the Administrator is directed to contact the City Manager to appoint directly to the neighborhood committee a resident and/or property owner as needed as directed by Section 9 of Chapter 566.

            Unanimously approved, 6-0.

B.     Administrator’s Report

The Administrator said that resumes for the vacant Assistant Administrator position were due June 17 and 21 were received from all over the country.  They are currently being reviewed and several people will be contacted regarding interviews.  The Administrator said that he hoped to begin interviews the week of July 11 with a decision made shortly thereafter.

The Administrator said that the level of review and permitting activity remains unchanged and is at a high level.  FY05 which ended June 30 ended up being the Board’s busiest in a few years.

The Administrator explained that as of  July 1 when the new fiscal year began, all logging/tracking numbers for projects within the Downtown Lowell Historic District will switch from “LHB” to “DLHD.”  Instead of LHB-06-01, the tracking number would now be DLHD-06-01.  He said that this will better identify which district a project is in such as the Acre Neighborhood District where tracking numbers have always begun with “AND.”  This will also be useful if the City Council chooses to establish the additional neighborhood districts and in their identification for application and permitting.

C.     Board Member Items/Inquiries

Mr. Coggins asked The Administrator if he had any information on what was happening with Moe’s at 43 Market Street.  The Administrator stated that he has issued the permit to complete the window repair work and painting.  He added that the priming of the building has begun. 

Mr. Coggins asked if Moe’s would address all of the things that he was previously fined on.  The Administrator stated that he was going to address the windows, the painting, and the parapet.  He added that the building owner, Tom McIllhenny, wants to address all of the maintenance problems and begin to develop the building.

Ms. Mayo asked if the current store was going to stay there.  The Administrator stated that he hoped not and the owner is trying to get rid of the tenant. 

The Administrator said that the permit was issued for the window repairs at Nuestra Senora del Carmen and that work had begun.

3.   ADJOURNMENT

      Motion by Mr. Coggins, seconded by Ms. Edlund, to:

            adjourn the meeting at 7:00 p.m.

      Unanimously approved 6-0.

_______________________________

Stephen R. Stowell, Administrator

Lowell Historic Board