← Lowell City Council

Lowell City Council · 2022–2023 Council · Special meeting

August 28, 2023

11 recorded votes, 6 with disagreement.

Sources: Official minutes (PDF) · City meeting page

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Attendance

Note on these minutes: Mayor Sokhary Chau presiding. Taking part remotely (Zoom): Daniel P. Rourke.

Present: Sokhary Chau, John Drinkwater, Erik R. Gitschier, Wayne Jenness, John J. Leahy, Rita Mercier, Vesna Nuon, Corey Robinson, Daniel P. Rourke, Kimberly Scott, Paul Ratha Yem

Absent: None

Every vote, in order

Communication Remote/Zoom Participation:

Accept and place on file: Communication Remote/Zoom Participation:

Minutes, page 1

ProceduralPassed · Voice vote, names not recorded

In City Council, Motion to accept and place on file by C. Nuon, seconded by C. Robinson. So voted.

The minutes give the result only (“So voted”, a voice vote), so MassVoter does not show how each councilor voted.

From the minutes

“In City Council, Motion to accept and place on file by C. Nuon, seconded by C. Robinson. So voted..” (Motion: Nuon, second: Robinson)

Read it in the official minutes, page 1 (PDF)

Have Registered Speakers go after Council discussion, amended by C. Scott, without objection to have Registered Speakers choose when they wish to...

Minutes, page 1

ProceduralPassed · Unanimous, 11 present

Motion by C. Gitschier, seconded by C. Robinson to have Registered Speakers go after Council discussion, amended by C. Scott, without objection to have Registered Speakers choose when they wish to speak. Adopted per Roll Call vote 11 yeas. So voted.

From the minutes

“Motion by C. Gitschier, seconded by C. Robinson to have Registered Speakers go after Council discussion, amended by C. Scott, without objection to have Registered Speakers choose when they wish to speak. Adopted per Roll Call vote 11 yeas. So voted..” (Motion: Gitschier, second: Robinson)

Read it in the official minutes, page 1 (PDF)

Ordinance - Amend Zoning - Accessory

Refer ordinance and approved amendments to the Law Department to draft revised ordinance and place on agenda for first reading

Minutes, page 2

ApprovePassed · Unanimous, 11 present

In City Council, Motion to refer ordinance and approved amendments to the Law Department to draft revised ordinance and place on agenda for first reading by C. Rouke, seconded by C. Yem. Adopted per Roll Call vote 11 yeas. So voted.

From the minutes

“In City Council, Motion to refer ordinance and approved amendments to the Law Department to draft revised ordinance and place on agenda for first reading by C. Rouke, seconded by C. Yem. Adopted per Roll Call vote 11 yeas. So voted..” (Motion: Rourke, second: Yem)

Read it in the official minutes, page 2 (PDF)

All ADUs should be subject to special permit process of the Planning Board. Motion Failed. 4 yeas, 7 nays (M. Chau, C. Drinkwater, C. Jenness, C....

Minutes, page 2

ApproveFailed · 4–7

Motion by C. Mercier, seconded by C. Scott that all ADUs should be subject to special permit process of the Planning Board. Motion Failed. 4 yeas, 7 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy, C. Nuon, C. Rourke, C. Yem). So voted.

Yes: Gitschier, Mercier, Robinson, ScottNo: Chau, Drinkwater, Jenness, Leahy, Nuon, Rourke, YemThe roll call names the no votes and gives 4 yeas, which matches the other councilors present; they are shown voting yes.

From the minutes

“Motion by C. Mercier, seconded by C. Scott that all ADUs should be subject to special permit process of the Planning Board. Motion Failed. 4 yeas, 7 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy, C. Nuon, C. Rourke, C. Yem). So voted..” (Motion: Mercier, second: Scott)

Read it in the official minutes, page 2 (PDF)

Each ADU petition must have a certified letter from the owner indicating that the rent, including costs, will be no greater than 70% fair market...

Minutes, page 2

ApprovePassed · 6–5

Motion by C. Robinson, seconded by C. Mercier that each ADU petition must have a certified letter from the owner indicating that the rent, including costs, will be no greater than 70% fair market value in accordance with HUD standards. Adopted per Roll Call vote 6 yeas, 5 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy, C. Yem). So voted.

Yes: Gitschier, Mercier, Nuon, Robinson, Rourke, ScottNo: Chau, Drinkwater, Jenness, Leahy, YemThe roll call names the no votes and gives 6 yeas, which matches the other councilors present; they are shown voting yes.

From the minutes

“Motion by C. Robinson, seconded by C. Mercier that each ADU petition must have a certified letter from the owner indicating that the rent, including costs, will be no greater than 70% fair market value in accordance with HUD standards. Adopted per Roll Call vote 6 yeas, 5 nays (M. Chau, C. Drinkwater, C. Jenness, C. Leahy, C. Yem). So voted..” (Motion: Robinson, second: Mercier)

Read it in the official minutes, page 2 (PDF)

There be no added utilities for ADUs but upgrades may be added to ensure safe use of the units

Minutes, page 3

ApprovePassed · 10–0

Motion by C. Jenness, seconded by C. Nuon that there be no added utilities for ADUs but upgrades may be added to ensure safe use of the units. Adopted per Roll Call vote 10 yeas, 1 abstain (C. Mercier). So voted.

Yes: Chau, Drinkwater, Gitschier, Jenness, Leahy, Nuon, Robinson, Rourke, Scott, YemAbstained: MercierThe roll call names the councilors not voting yes and gives 10 yeas, which matches the other councilors present; they are shown voting yes. Rita Mercier abstained or voted present (shown as present, not voting).

From the minutes

“Motion by C. Jenness, seconded by C. Nuon that there be no added utilities for ADUs but upgrades may be added to ensure safe use of the units. Adopted per Roll Call vote 10 yeas, 1 abstain (C. Mercier). So voted..” (Motion: Jenness, second: Nuon)

Read it in the official minutes, page 3 (PDF)

Request City Solicitor prepare a Home Rule Petition (Similar to Salem, Ma) regarding tax break if ADU units are subject to affordability...

Minutes, page 3

ApprovePassed · 7–4

Motion by C. Jenness, seconded by C. Yem to request City Solicitor prepare a Home Rule Petition (Similar to Salem, Ma) regarding tax break if ADU units are subject to affordability provisions, as well as report of City Solicitor. Adopted as amended per Roll Call vote 7 yeas, 4 nays (C. Gitschier, C. Mercier, C. Robinson, C. Scott). So voted.

Yes: Chau, Drinkwater, Jenness, Leahy, Nuon, Rourke, YemNo: Gitschier, Mercier, Robinson, ScottThe roll call names the no votes and gives 7 yeas, which matches the other councilors present; they are shown voting yes.

From the minutes

“Motion by C. Jenness, seconded by C. Yem to request City Solicitor prepare a Home Rule Petition (Similar to Salem, Ma) regarding tax break if ADU units are subject to affordability provisions, as well as report of City Solicitor. Adopted as amended per Roll Call vote 7 yeas, 4 nays (C. Gitschier, C. Mercier, C. Robinson, C. Scott). So voted..” (Motion: Jenness, second: Yem)

Read it in the official minutes, page 3 (PDF)

Request side and rear setbacks go from 5 feet to 7.5 feet. Motion failed 5 yeas, 6 nays (M. Chau, C Drinkwater, C. Jenness, C. Nuon, C. Rourke, C....

Minutes, page 4

ApproveFailed · 5–6

Motion by C. Scott, seconded by C. Gitschier to request side and rear setbacks go from 5 feet to 7.5 feet. Motion failed 5 yeas, 6 nays (M. Chau, C Drinkwater, C. Jenness, C. Nuon, C. Rourke, C. Yem). So voted.

Yes: Gitschier, Leahy, Mercier, Robinson, ScottNo: Chau, Drinkwater, Jenness, Nuon, Rourke, YemThe roll call names the no votes and gives 5 yeas, which matches the other councilors present; they are shown voting yes.

From the minutes

“Motion by C. Scott, seconded by C. Gitschier to request side and rear setbacks go from 5 feet to 7.5 feet. Motion failed 5 yeas, 6 nays (M. Chau, C Drinkwater, C. Jenness, C. Nuon, C. Rourke, C. Yem). So voted..” (Motion: Scott, second: Gitschier)

Read it in the official minutes, page 4 (PDF)

Incorporate language regarding trust ownership in the ordinance

Minutes, page 4

ApprovePassed · Unanimous, 11 present

Motion by C. Scott, seconded by C. Robinson to incorporate language regarding trust ownership in the ordinance. Adopted per Roll Call vote 11 yeas. So voted.

From the minutes

“Motion by C. Scott, seconded by C. Robinson to incorporate language regarding trust ownership in the ordinance. Adopted per Roll Call vote 11 yeas. So voted..” (Motion: Scott, second: Robinson)

Read it in the official minutes, page 4 (PDF)

Have a one-year review by City Council or 16 petitions of the ordinance

Minutes, page 4

ApprovePassed · Unanimous, 11 present

Motion by C. Robinson, seconded by C. Mercier to have a one-year review by City Council or 16 petitions of the ordinance. Adopted per Roll Call vote 11 yeas. So voted.

From the minutes

“Motion by C. Robinson, seconded by C. Mercier to have a one-year review by City Council or 16 petitions of the ordinance. Adopted per Roll Call vote 11 yeas. So voted..” (Motion: Robinson, second: Mercier)

Read it in the official minutes, page 4 (PDF)

Have special permit review for all ADU petitions that are to be placed on lots under 7000 square feet

Minutes, page 4

ApprovePassed · Unanimous, 11 present

Motion by M. Chau, seconded by C. Nuon to have special permit review for all ADU petitions that are to be placed on lots under 7000 square feet. Adopted per Roll Call vote 11 yeas. So voted.

From the minutes

“Motion by M. Chau, seconded by C. Nuon to have special permit review for all ADU petitions that are to be placed on lots under 7000 square feet. Adopted per Roll Call vote 11 yeas. So voted..” (Motion: Chau, second: Nuon)

Read it in the official minutes, page 4 (PDF)

From the Lowell City Council’s official minutes, posted by the City Clerk in the city’s Agenda Center (City Council). We check every vote against the councilors present and quote the exact wording. MassVoter never grades or scores officials. Photos: the City of Lowell’s official councilor headshots, from each councilor’s page in the city’s staff directory (linked from “Meet the City Council” on lowellma.gov).

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