On the agenda: Lowell meeting — Data Center (Feb 10)

Date:
February 10, 2026
Time:
6:30 PM
Location: City Council Chamber, 375 Merrimack Street, 2nd Floor, Lowell, MA / Zoom (Hybrid)

1. ROLL CALL
2. MAYOR'S BUSINESS
2.1. Communication Remote / Zoom Participation:
Meetings Will Be Held In Council Chamber With Public Welcome And By Using
Remote Participation As Follows: Members Of The Public May View The Meeting
Via LTC.Org (On-Line; Live Streaming; Or Local Cable Channel 6). Those Wishing
To Speak Regarding A Specific Agenda Item Shall Register To Speak In Advance
Of The Meeting By Sending Email To City Clerk Indicating The Agenda Item And A
Phone Number To Call So That You May Be Issued Zoom Link To The Meeting.
Email Address Is [email protected]. If No Access To Email You May
Contact City Clerk At 978-674-4161. All Request Must Be Done Before 4:00 PM
On The Day Of Meeting. For Zoom - HTTPS://SUPPORT.ZOOM.US/HC/ENUS/ARTICLES/201362193-JOINING-A-MEETING

2.2. Citation - Victor Amaro.
2.3. Proclamation - Heart Health Month In Lowell.
3. CITY CLERK
3.1. Minutes Of City Council Regular Meeting February 3rd, For Acceptance.
Documents:
2026 FEBRUARY 3 CC MINUTES.PDF
4. UTILITY PUBLIC HEARING (Scheduled For 7PM)
4.1. National Grid - Request Installation Of 1 SO Pole At Middlesex And Wood Streets.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33729?
FILEID=88823
4.2. National Grid - Request Installation Of 1 JO Pole 557 Varnum Avenue.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33736?
FILEID=88830
4.3. National Grid - Request Installation Of 1 JO Pole At 1158 Gorham Street.

HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33736?
FILEID=88830
4.3. National Grid - Request Installation Of 1 JO Pole At 1158 Gorham Street.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33730?
FILEID=88824
4.4. National Grid - Request Installation Of 1 JO Pole At 145 Pawtucket Street.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33738?
FILEID=88832
4.5. National Grid - Request Installation Of 1 JO Pole At 15 West Meadow Road.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33735?
FILEID=88829
4.6. National Grid - Request Installation Of 1 JO Pole At 308 Stevens Street.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33737?
FILEID=88831
4.7. National Grid - Request Installation Of 1 JO Pole At 316 Mammoth Road.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33733?
FILEID=88827
4.8. National Grid - Request Installation Of 1 JO Pole At 9-11 Columbia Street.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33731?
FILEID=88825
4.9. National Grid - Request Installation Of 1 SO Pole At 12 Wood Street.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33734?
FILEID=88828
4.10. National Grid - Request Installation Of 2 SO Poles At 1170 Gorham Street.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33732?
FILEID=88826
4.11. National Grid - Request Installation Of 5 JO Poles At Middlesex And Edwards Streets.
HTTPS://WWW.LOWELLMA.GOV/AGENDACENTER/VIEWFILE/ITEM/33739?
FILEID=88833
5. CITY COUNCIL - MOTIONS
5.1. C. Scott - Req. City Mgr. Have DPD Report On The Feasibility Of Creating A Local
Wetland Bylaw Requiring A 25-Foot Do Not Disturb Buffer Around All Wetlands, To
Protect Water Quality, Flood Control, Wildlife, And Climate Resilience, With
Commission Waiver Authority For Exceptional Cases Involving Health, Accessibility,
Or Minimal Environmental Impact.
5.2. C. Robinson - Req. City Mgr. Work With Health And Human Services (HHS),
Department Of Public Health (DPH) And Lowell Board Of Health (LBD) To Convene A
Meeting With Our Council To Review Year-End Health Data As Well As Continue
Conversations Around Local Regulations And The Current Syringe Services

Commission Waiver Authority For Exceptional Cases Involving Health, Accessibility,
Or Minimal Environmental Impact.
5.2. C. Robinson - Req. City Mgr. Work With Health And Human Services (HHS),
Department Of Public Health (DPH) And Lowell Board Of Health (LBD) To Convene A
Meeting With Our Council To Review Year-End Health Data As Well As Continue
Conversations Around Local Regulations And The Current Syringe Services
Programming.
5.3. C. Liang - Req. City Mgr. Working Collaboratively With The University Of
Massachusetts Lowell To Explore Pedestrian Safety Improvement Crosswalks By
Installing Rectangular Rapid Flashing Beacons (RRFB) At The Intersections Of
Pawtucket-Walker, And Pawtucket-Wilder Streets By The Start Of This Summer
Season.
5.4. C. Juran - Req. City Mgr. Give An Update On The Plans And Progress Toward
Creating A Tree Committee, Including The Role An Arborist Could/Should Play.
5.5. C. Juran - Req. City Mgr. Give An Update On Boott Hydropower’s Relicensing
Application To The Federal Energy Regulatory Commission And The Impact On The
City And Its Canals.
5.6. C. Juran - Req. City Mgr. Provide An Update On The FY26 Budget And Plans For The
FY27 Budget: Schedule, Public Comment Sessions, Free Cash Certification For
FY25, ARPA Sunset And Impact On Plans And Positions, Forecast, And Impact Of
Federal And State Revenue Streams.
5.7. C. Descoteaux - Req. City Mgr. Report On The Progress Of The Repurposing At
Callery Park.
5.8. C. McDonough / C. Robinson - Req. City Mgr. Work With The Appropriate Department
To Develop A Plan To Mitigate The Impact To Residents Whose Permitted Parking Is
Effected By Major Projects Such As The CSO Project; The Plan Should Also Account
For Residents With Handicap Placards And/Or Accessibility Needs.
5.9. C. McDonough - Req. City Mgr. Work With Appropriate Department To Provide A
Detailed Report On Winter Operation Procedures In High Pedestrian Traffic Locations
Throughout The City. (1/13/26)
5.10. M. Gitschier - Req. City Mgr. Work With Lowell Sustainability Council And The Lowell
Public Schools To Create A Student Environmental (Climate Change) Competition To
Be Held On Civics Day In May 2026; Prizes Would Be Handled Through The Lowell
Parks & Conservation Trust.
5.11. M. Gitschier - Req. City Mgr. Provide The City Council With The State Audit Of
Masshire Fiscal Procedures And The Workforce Board, How They Manage Grants
And Board Meetings.
6. COMMUNICATIONS FROM CITY MANAGER
6.1. Motion Responses
A) Motion Response - AED
B) Motion Response - Support Letter Rodenticide
Documents:
A) MOTION RESPONSE - AED.PDF
B) MOTION RESPONSE - SUPPORT LETTER RODENTICIDE.PDF
6.2. Informational Reports
Informational Report - CPR-AED
Informational Report - Update on Bicentennial-WinterFest 2026
Informational Report - 2025 Lowell Year in Review

6.2. Informational Reports
Informational Report - CPR-AED
Informational Report - Update on Bicentennial-WinterFest 2026
Informational Report - 2025 Lowell Year in Review
Documents:
INFORMATIONAL REPORT - CPR-AED.PDF
INFORMATIONAL REPORT - UPDATE ON BICENTENNIAL-WINTERFEST
2026.PDF
6.3. Communication - Resignation Of Members From Citizen Advisory Committee
Documents:
COMMUNICATION - RESIGNATION OF MEMBERS FROM CITIZEN
ADVISORY COMMITTEE.PDF
6.4. Communication - City Manager Request Approval Of (1) Out Of State Travel LPD.
Documents:
2026 FEBRUARY 10 OST LPD.PDF
7. VOTES FROM THE CITY MANAGER
7.1. Vote - Authorize CM Ex. Preservation Restriction - 228 Worthen St
Documents:
VOTE - AUTHORIZE CM EX. PRESERVATION RESTRICTION - 228
WORTHEN ST.PDF
7.2. Vote - Authorize CM Ex. Preservation Restriction - 80 Gorham St
Documents:
VOTE - AUTHORIZE CM EX. PRESERVATION RESTRICTION - 80
GORHAM ST.PDF
8. REPORTS (SUB/COMMITTEE, IF ANY)
9. PETITIONS
9.1. Misc. - William Murphy Request Removal Of Handicap Parking Sign At 151 Coburn
Street.
Documents:
2026 FEBRUARY 10 WILLIAM COBURN REQ REMOVAL OF HANDICAP
PARKING SIGN AT 151 COBURN ST.PDF
9.2. National Grid - Request Installation Of (1) JO Pole At 1150 Westford Street.
Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID AND VERIZON NE REQ TO INSTALL 1 JO POLE ON WESTFORD ST
AND WOOD ST.PDF

Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID AND VERIZON NE REQ TO INSTALL 1 JO POLE ON WESTFORD ST
AND WOOD ST.PDF
9.3. National Grid - Request Installation Of (1) JO Pole At 1270 Westford Street.
Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID AND VERIZON NE REQ TO INSTALL 1 JO POLE WESTFORD ST
AND TECHNOLOGY DRIVE.PDF
9.4. National Grid - Request Installation Of (1) JO Pole At 241 Pawtucket Street.
Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID AND VERIZON NE REQ TO INSTALL 1 JO POLE ON PAWTUCKET
ST.PDF
9.5. National Grid - Request Installation Of (1) JO Pole At 648 Stevens Street.
Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID AND VERIZON NE REQ TO INSTALL 1 JO POLE ON STEVENS ST
AT MCKINLEY AVE.PDF
9.6. National Grid - Request Installation Of Underground Electric Conduit Along Pearl
Street.
Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID REQ TO INSTALL UNDERGROUND FACILITIES ON MIDDLESEX ST
AND PEARL ST.PDF
9.7. National Grid - Request Installation Of Underground Electric Conduit On Middlesex
Street From Canal Street To Garnett Street.
Documents:
2026 FEBRUARY 10 AGENDA MASS ELECTRIC CO DBA NATIONAL
GRID REQ TO INSTALL UNDERGROUND FACILITIES ON MIDDLESEX ST
AND CANAL ST.PDF
10. ANNOUNCEMENTS
11. ADJOURNMENT
Office of the City Clerk - 375 Merrimack Street - Phone: 978.674.4161

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

CITY COUNCIL MINUTES
Date:
February 3, 2026
Time:
6:30 PM
Location: City Council Chamber, 375 Merrimack Street, 2nd Floor,
Lowell, MA / Zoom (Hybrid)
1. ROLL CALL
Roll Call showed 11 present (C. Chau, C. Descoteaux, M. Gitschier, C.
Juran, C. Liang, C. McDonough, C. Mercier, C. Nuon, C. Robinson, C.
Rourke, C. Scott).
M. Gitschier presiding.
2. MAYOR'S BUSINESS
2.1. Communication Remote / Zoom Participation.
In City Council, Motion “To accept and place on file” by C. Robinson,
seconded by C. Rourke. So voted.
3. CITY CLERK
3.1. Minutes of City Council Regular meeting January 27th, for
acceptance.
In City Council, Motion “To accept and place on file” by C. Descoteaux,
seconded by C. Juran. So voted. C. Juran made note of a typo on page 4
to be corrected.
4. CITY COUNCIL - MOTIONS
4.1. C. Nuon - Reg. City Mgr. work with the OPM to provide to City
Council a finding of the structural engineer review of the 1892
building at Lowell High School.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

In City Council, seconded by C. Robinson, referred to City Manager. So
voted. C. Nuon commented on current studies being done and that there
should be an update. C. Descoteaux noted that it is beyond the time for
them to respond.
Motion by C. Mercier, seconded by C. Nuon to take Item #9.2 out of order.
So voted.
4.2. C. Nuon - Req. City Mgr. have the proper department provide a
report on the feasibility of implementing a Community Benefit
Agreement Ordinance in Lowell. Report to include a process for
distributing developer contributions earmarked for community
benefits that are generated from large-scale real estate projects. The
proposed ordinance should ensure that there is a transparent and
inclusive framework for: considering how large-scale developments
impact a community; identifying and ranking community's needs and
distributing community benefit contributions in a manner that
addresses those needs.
In City Council, seconded by C. Juran, referred to City Manager. So voted.
C. Nuon commented on getting positive returns for City investment. C.
Juran noted such agreements make sense and there should be a
mechanism to develop those agreements by use of best practices. C.
McDonough noted that neighborhood groups can assist with necessary
input.
4.3. C. Nuon / C. Liang - Req. City Mgr. have the proper department
provide a report that examines how arterial (both minor and major)
streets are cleared in winter hopefully easing the difficulty of clearing
sidewalks for residents, especially the elderly and people without
snowblowers. Focus should be repeated plowing that piles more salt
laden snow, and snowbanks at intersections that make it virtually
impossible for residents to clear access to crosswalks.
In City Council, no second needed, referred to City Manager. So voted.
Motion by C. Nuon, seconded by C. Juran to take Item #4.9 with this item.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

So voted. Registered speaker, Paul Early (commented – removal of
snowbanks on corners), addressed the Council. Registered speaker,
Anthony Milisci (commented – difficulty walking), addressed the Council. C.
Nuon noted that there could be an improvement in removing snow piles
around corners. C. Liang noted the number of phone calls due to storm
and the difficulty with trash removal and clearing smaller streets. C. Juran
noted learning possibility from event to improve procedures and better
communication with residents. C. Robinson noted the difficulty with
working in those conditions and that information should be gathered shared
to host improvements. C. Chau noted the effort of the DPW with the storm
and that it continues. Manager Golden, Jr. noted statistics with the storm
and that they could use more people and more contractors.
Motion by C. Descoteaux, seconded by C. Liang to take Item #5.2
(Informational – SRF) out of order. So voted.
4.4. C. Nuon / C. Liang - Req. City Mgr. invite the Citizens Advisory
Committee/LPD to appear before the Public Safety SC to provide a
presentation.
In City Council, no second needed, referred to City Manager. So voted.
4.5. C. Liang - Req. City Mgr. have the proper departments inspect
LHS and other school buildings to ensure Automated External
Defibrillators (AEDs) are installed in secure, easily accessible
locations, and that teachers and other personnel are fully equipped to
use these devices during emergencies.
In City Council, seconded by C. Mercier, referred to City Manager. So
voted. C. McDonough abstain from discussion and vote on this matter. C.
Liang noted absence during walkthrough and that they are an important
part of the building and that there should be training regarding their use.
4.6. C. Liang - Req. City Mgr., for public safety and precaution, have
appropriate departments work on installing additional lighting around
City Hall, 375 Merrimack Street, extending beyond 50 feet from the

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

building, particularly in the side area near the monuments, where
activities and events commonly occur.
In City Council, seconded by C. Robinson, referred to City Manager. So
voted. C. Liang noted darkness was a safety concern in an area with a lot
of people. C. Robinson noted prior discussions regarding this project.
4.7. C. Scott - Req. City Mgr. evaluate and take the necessary steps to
install sidewalks along Woburn Street to improve pedestrian safety
and access.
In City Council, seconded by C. Juran, referred to City Manager. So voted.
C. Scott noted it is the only major street without sidewalks.
4.8. C. Scott - Req. City Mgr. have the appropriate department report
on the feasibility of using parks with dedicated parking lots as
overflow parking during snow emergencies to increase neighborhood
access.
In City Council, seconded by C. Chau, referred to City Manager. So voted.
C. Scott noted prior discussions regarding difficulties in clearing areas and
that these sites may help.
4.9. C. Juran - Req. City Mgr. to provide a debrief about the recent
snow storm: e.g., what the City and the residents respectively did
well or could do better, what best practices and metrics the city
applies and what lessons were learned that it will apply in the future,
measures of plowing quantity and quality, and how was information
communicated regarding residents’ vs. city’s responsibility for
parking, shoveling/plowing, etc.
In City Council, seconded by C. Robinson, referred to City Manager. So
voted. See discussion under Item #4.3.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

4.10. C. Robinson - Req. City Mgr. have the proper department provide
a list of possible staging locations in Centralville that will minimize
the impact to our residents.
In City Council, seconded by C. McDonough, referred to City Manager. So
voted. C. Robinson noted that any location would be helpful.
4.11. C. Robinson - Req. City Mgr. have the proper department provide
a report on the possibility of remote Board of Parks permitting
opportunities for the public, especially during winter months.
In City Council, seconded by C. Nuon, referred to City Manager. So voted.
4.12. M. Gitschier - Req. City Mgr. look into a 24-hour Construction
webcam monitoring system that provides continuous, 360-degree
high-definition live streaming of the Rourke Bridge Project for the
community to be able to access and view the progress in real time.
In City Council, seconded by C. Nuon, referred to City Manager. So voted.
4.13. M. Gitschier - Req. City Mgr. and Council send a formal letter to
the Chair of the Senate Ways and Means Senator Michael Rodrigues
expressing Lowell's support Senate Bill #S.2721, reiterating the
critical importance of this bill to the public health, environment and
residents of Lowell and ask them to vote out the bill favorably.
In City Council, seconded by C. Juran, referred to City Manager. So voted.
Registered speakers, Ruth Potvin (commented – noted success with rodent
control); Joanne Dawson (Zoom) (commented – great step forward,
provided letter to Council); and Anthony Milisci (provided comments for Erin
Gendron – outlining importance of litigation), addressed the Council.
5. COMMUNICATIONS FROM CITY MANAGER
5.1. Motion Responses:

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

A) Motion Response - Folk Festival Funding – C. Robinson noted
funding concerns and that request was that City find a way to increase
accounts before the event. Manager Golden, Jr. noted different areas in
which the City contributes and will continue to contribute to the event.
In City Council, Motion “To accept and place on file” by C. Scott, seconded
by C. Rourke. So voted.
B) Motion Response - Letter LTLC – C. Mercier noted letter was to the
point and requested copy of any response to it. In City Council, Motion “To
accept and place on file” by C. Mercier, seconded by C. Descoteaux. So
voted.
5.2. Informational Report
Informational Report - Centralville SRF – Aaron Fox (Director of
Water/Wastewater) provided update regarding the sewer separation project
in the area outlining funding and time frame. Mr. Fox noted savings to
taxpayers and that information is provided on the website. C. Robinson
lauded the efforts of the department under Mr. Fox. In City Council, Motion
“To accept and place on file” by C. Robinson, seconded by C. Juran. So
voted.
5.3. Communication - Reappointment of Jeffrey Harris to Historic
Board.
In City Council, Motion “To Adopt” by C. Chau, seconded by C. Juran.
Adopted per Roll Call vote 11 yeas (C. Chau, C. Descoteaux, M. Gitschier,
C. Juran, C. Liang, C. McDonough, C. Mercier, C. Nuon, C. Robinson, C.
Rourke, C. Scott). So voted.
6. VOTES FROM THE CITY MANAGER
6.1. Vote – Accept MGL c.40 s.71 - School Bus Violation Detection
Monitoring.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 17, 2026 @ 7 PM by C. Rourke, seconded by C. Scott. So voted.
C. McDonough abstained from vote and discussion.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

6.2. Vote - Establish School Bus Violation Stabilization Fund.
In City Council, Motion to refer to February 17, 2026 by C. Liang, seconded
by C. Juran. So voted. C. McDonough abstained from vote and
discussion.
6.3. Vote - Authorize CM to File Special Legislation.
In City Council, Given 2nd reading. Motion , as amended, to refer to March
3, 2026 (4 weeks) by C. Nuon, seconded by C. Robinson. Adopted per Roll
Call vote 10 yeas (C. Chau, C. Descoteaux, M. Gitschier, C. Juran, C.
Liang, C. Mercier, C. Nuon, C. Robinson, C. Rourke, C. Scott), 1 abstain
(C. McDonough). So voted. Registered speaker, Sean McDonough,
addressed the body, from the podium, noting he was speaking as a
resident and not a City Councilor. Mr. McDonough voiced his opposition to
the special legislation noting it would lead to privatization of services and
was an afront to the School Committee. C. Descoteaux questioned the
appropriateness of the procedure of a Council member going to speak from
podium. City Solicitor Williams noted that based on the information and the
request just made it would appear to be a violation of Massachusetts
Ethics. C. Scott noted she was confused by the action of the Councilor. C.
Mercier noted the need to build a consensus with the School Committee.
C. Robinson noted the request was for a draft and that there should not be
a vote on this tonight though he favors the concept. Motion by C.
Robinson, seconded by C. to postpone the matter for two weeks and to
have joint subcommittee with school facility committee. So voted. Motion
to amend time frame to 4 weeks (March 3, 2026) by C. Robinson, seconded
by C. Scott. So voted. C. Chau noted the need to get all parties involved.
C. Nuon noted the need to start with a joint subcommittee further noting the
need for more time. C. Descoteaux noted the need for feedback from
meetings with the school administration to be discussed in subcommittee.
C. Juran commented on past history and that there should be 3 paths
moving forward, joint subcommittee, Mayor brining forward request from
Council to School Committee and draft Home Rule Petition. C. Robinson
noted extended time would be fine but further commented in would not

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

favor privatization of the department. C. Scott favored a joint subcommittee
so that information can be developed for the School Committee. M.
Gitschier relinquished Chair to Vice Chair Nuon at 7:30 PM. M. Gitschier
noted the request was for a draft petition and that an executive discussion
may be needed. M. Gitschier noted the home rule petition fosters a
negative environment with the schools and that there needs to be a
reshaping of the format. The Chair was returned to M. Gitschier at 7:35
PM.
Motion by C. Mercier, seconded by C. Robinson to take Item #4.13 out of
order. So voted.
7. ORDINANCES FROM THE CITY MANAGER
7.1. Ordinance - Amend Zoning - Data Center Moratorium.
In City Council, Given 1st Reading. Motion to refer to Planning Board for
report and recommendation (3/2/26) and Public Hearing on March 10, 2026
@ 7 PM by C. Rourke, seconded by C. Juran. So voted. Registered
speaker, Eileen Castle (commented – in favor of ordinance), addressed the
Council. C. Juran commented that the language may need some slight
changes, Motion by C. Juran, seconded by C. Robinson to return Law
Department for changes. C. Scott questioned when those changes can be
made. City Solicitor Williams indicated that process may have to begin
anew but minor changes could be done at the Planning Board level. C.
Juran with the assent of C. Robinson withdrew the motion.
Motion by C. Robinson, seconded by C. Mercier to take Item #6.3 out of
order. So voted.
7.2. Ordinance - Amend Chap 222.24 - School Bus Violation.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 17, 2026 @ 7 PM by C. Robinson, seconded by C. Nuon. So
voted. C. McDonough abstained from discussion and vote.

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

8. REPORTS (SUB/COMMITTEE, IF ANY)
In City Council, none.
9. PETITIONS
9.1. Claims - (2) Property Damage.
In City Council, Motion to refer to Law Department for report and
recommendation by C. Juran, seconded by C. Descoteaux. So voted.
9.2. Misc. - Jennifer Mahoney-Brum request permission to address
City Council regarding construction at the Mahoney Softball Field
monument.
In City Council, Motion to refer to City Manager for report and
recommendation by C. Mercier, seconded by C. Robinson. So voted. Ms.
Mahoney-Brum commented on the dedication of field and monument to her
mother and that it appears that there have been some changes made
without consulting the family. C. Mercier noted the ARPA money being
used for the parks and questioned if that was still in place. Yovani BaezRose (DPD) noted this was the last funded park, so construction is behind
and commented on the status of the renovations.
Motion by C. Scott, seconded by C. Rourke to take Item #7.1 out of order.
So voted.
9.3. National Grid - Request installation of (1) SO pole at 242 Church
Street.
In City Council, Given 1st Reading. Motion to refer to Public Hearing on
February 17, 2026 @ 7 PM by C. Robinson, seconded by C. Mercier. So
voted.
10. CITY COUNCIL - EXECUTIVE SESSION
10.1. Executive Session - To Consider And Discuss The Purchase,
Exchange, Lease, Or Value Of Real Property (The Senior Center, 276

Office of the City Clerk
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4161 • F: 978.970.4162
www.LowellMA.gov
Michael Q. Geary
City Clerk
Angela M. Gitschier
Assistant City Clerk

Broadway Street), Public Discussion Of Which May Have A
Detrimental Effect On The Negotiating Position Of The City.
In City Council, M. Gitschier stated purpose of the session, Motion to enter
executive session and adjourn from that session by C. Mercier, seconded
by C. Descoteaux. (8:40 PM). Adopted per Roll Call vote 10 yeas (C.
Chau, C. Descoteaux, M. Gitschier, C. Juran, C. Liang, C. Mercier, C.
Nuon, C. Robinson, C. Rourke, C. Scott)., 1 nay (C. McDonough). So
voted.
11. ANNOUNCEMENTS
In City Council, none.
12. ADJOURNMENT
In City Council, Motion to Adjourn from Executive Session by C.
Descoteaux, seconded by C. Nuon. So voted.
Meeting adjourned from Executive Session at 9:36 PM.
___________________________________
Michael Q. Geary, City Clerk

The City of Lowell • Health Department
107 Merrimack St 4th Floor • Lowell, MA 01852
P: 978.674.4010 • F: 978.970.4011
www.LowellMA.gov

Lisa Golden, RN, MSN
Director of Health & Human Services
978.674.1050

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Lisa Golden, Director Health and Human Services

DATE:

February 10, 2026

SUBJECT: Motion Response: 02/03/2026 - C. Liang Req. - City Mgr., Have the Proper
Departments Inspect LHS and other School Building To Ensure AED’s are Installed In
Secure, Easily Accessible Locations, and That the Teachers and Other Personnel are Fully
Equipped to Use These Devices During Emergencies
Currently the AED’s in the Lowell Public Schools are checked daily by the School Nurses to
ensure that the green check box shows in the front of the AED. The Lowell Public Schools carry
a service plan for all of their AED’s and they are serviced every six months with the assistance of
the School Health Unit and the Lowell Health Department.
The School Nurses are recertified every two years in CPR and the cafeteria workers have
ServSafe and choke safe certification. There are also lifevac’s available in all the cafeterias in
the Lowell Public Schools.
There are safety protocols that are reviewed for each school at the beginning of each year by the
schools and they are on file at the school department. The Safety Coordinator for the school
department has monthly meetings that the Nurse Coordinator for the health department attends.

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Shawn Machado, Assistant City Manager

CC:

Doreen Burgess & Conor Baldwin

DATE:

2/4/2026

SUBJECT: Motion Response: 2/3/2026 M. Gitschier - Req. City Mgr. and Council send
a formal letter to the Chair of the Senate Ways and Means Senator Michael Rodrigues
expressing Lowell's support Senate Bill #S.2721, reiterating the critical importance of this
bill to the public health, environment and residents of Lowell and ask them to vote out the
bill favorably.

City of Lowell

February 4th 2026

Senator Michael J. Rodrigues

Chair, Senate Committee on Ways and Means
State House, Room 212
Boston, MA 02133

Re: Support for Senate Bill S.2721
Dear Senator Rodrigues,
On behalf of the Lowell City Council, I am writing to express our strong support for Senate Bill
S.2721. This legislation is critically important to safeguarding public health, protecting our

environment, and improving the quality of life for the residents of Lowell and communities across the
Commonwealth.

The provisions outlined in S.2721 represent a necessary step toward addressing pressing

environmental and health challenges. By advancing this bill, the Senate will help ensure cleaner air
and water, reduce harmful pollutants, and promote sustainable practices that benefit both current
and future generations.

Office of the City Manager
City Hall*375 Merrimack St *Lowell, MA 01852
P:978-674-4402 * F:978-970-4007
www.LowellMA.gov
Shawn Machado
Assistant City Manager

We respectfully urge the Senate Committee on Ways and Means to report this bill out favorably. Its

passage will have a profound and positive impact on the well-being of our residents and the vitality
of our region.

Thank you for your leadership and consideration of this important matter. Please do not hesitate to
contact us if we can provide additional information or support.
Sincerely,

Thomas A. Golden Jr.

City Manager

On behalf of the Lowell City Council

The City of Lowell • Health Department
107 Merrimack St 4th Floor • Lowell, MA 01852
P: 978.674.4010 • F: 978.970.4011
www.LowellMA.gov

Lisa Golden, RN, MSN
Director of Health & Human Services
978.674.1050

INFORMATIONAL
To: Thomas A. Golden Jr., City Manager
From: Lisa Golden, Director of Health and Human Services
Date: February 10, 2026
Subject: CPR training for staff
February is heart month this month is dedicated to promoting heart health. The health
department is doing a social media series to raise awareness around heart disease,

which is the leading cause of death for Americans.
I am pleased to inform you that in the fall of 2025, Pridestar EMS provided CPR/AED
training to 43 staff members throughout the city from such departments as the Library,
Council on Aging, Development Services, Human Resources and Special Events. This
adds to the employees already certified in CPR such as the School Nurses, Public Health
Nurses, other Health Department staff, Water, Wastewater, Recreation and Masshire.
Over the last two years we have had donations of AED’s from the Adam Keenan
Foundation Inc, and Pridestar adding to the total AED’s in the parks and Cawley Stadium
to a total of 13 in the community serviced by the city.
Multiple city buildings have AED’s including but not limited to the Library, the Senior
Center, 107 Merrimack St (Health, MassHire, Recreation), DPW, Water, Wastewater,
Lowell Auditorium, Schools and the Parks Department.
The American Heart Association provides additional information regarding cardiac
emergencies at www.heart.org/en/nation-of-lifesavers.

City Manager’s Office
375 Merrimack Street* Lowell, MA 01852
P: 978.674-4000
www.LowellMA.gov
Melissa Desroches
Executive Assistant to the City Manager

MEMORANDUM
TO:

Thomas A. Golden, Jr., City Manager

FROM:

Melissa Desroches, Executive Assistant to the City Manager

CC:

Conor Baldwin, Assistant City Manager/CFO; Doreen Burgess, Assistant to City
Manager

DATE:
SUBJECT:

February 10, 2026
Informational—Update on Bicentennial/WinterFest 2026

The City of Lowell will celebrate its Bicentennial March 1, 2026. To celebrate, the City
Manager’s Office has been working closely with the Bicentennial Sponsorship Committee to
plan events to highlight this milestone.
This year’s WinterFest will kick-off Bicentennial celebrations with a special guest appearance by
Celebrity Baker Buddy Valastro, who is gifting the city with a custom-made cake and will also
host a showcase of local bakeries. In addition, the footprint has been expanded to include more
exciting activities—ice sculptures, selfie stations, curling, air hockey, “Fold-A-Bear" workshop
at the All Gallery, as well as traditional annual events like the Soup Competition at the Masonic
Temple, Nordic Jam Sessions and the Chocolate Festival at St. Anne’s Church.
Marketing and promotion for the Bicentennial kickoff at WinterFest have already begun. The
Lowell Sun published an article on January 24th, a special Lowell Sun insert and ad-run will
publish next week and leads through to WinterFest events. CASE will be visiting Inside Lowell
podcast and is working with WCAP as well. The Communications Team has been working with
CBS to produce a “One Tank Away” commercial spot which highlights Winterfest/Bicentennial
and will air Feb. 16-Feb. 28. We will also be working to boost social media posts throughout the
region. There is a dedicated WinterFest website at Lowell WinterFest, as well as a dedicated
Bicentennial website, which will launch in the coming weeks.
In addition to the WinterFest kickoff, plans are in place for Bicentennial events throughout the
year—some new and some enhancements of existing festivals. More information will be
forthcoming. The City has been working closely with local businesses and non-profits to plan
events to include as much participation and engagement as possible.

Office of the City Manager
City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.970.4000 • F: 978.970.4007
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager
Shawn Machado
Assistant City Manager

February 10, 2026
Mayor Erik R. Gitschier
And
Members of the City Council
RE:

Resignations

Dear Mayor Gitschier and Members of the City Council:
This communication acknowledges receipt of letters of resignation from two members of the
Citizen Advisory Committee. The following members’ resignations are accepted:
Beteline Nherisson
Esteban Pena
I am filing these resignations and this acceptance thereof with the City Clerk, as required by law.
The City of Lowell appreciates the service of the above members to the Citizen Advisory
Committee, and on their behalf I extend thanks.
Very truly yours,

Thomas A. Golden, Jr.
City Manager
cc:

City Clerk
City Solicitor
Human Relations

City Auditor
MIS
Citizen Advisory Committee

The City of Lowell • Police Department
JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852
P: 978-674-4500 • F: 978-446-7202
www.Lowellma.gov
Gregory C. Hudon
Superintendent
Mark LeBlanc
Deputy Superintendent
Frank Nobrega, Jr.
Deputy Superintendent

To:

Thomas A. Golden, Jr.
City Manager

Stephen Gendreau
Deputy Superintendent

From: Gregory C. Hudon
Superintendent of Police
Date: January 29, 2026
Re:
Out of State Travel
______________________________________________________________________________
I respectfully request permission for Out of State travel for one Police Officer to attend the 2026
AGEO Undercover Workshop in Charleston, SC. The travel period will be February 17, 2026,
through February 20, 2026. The Officer will stay at the Homewood Suites, 415 Meeting Street,
Charleston, SC. The air fare, hotel cost, transportation, per diem and any other costs will be
covered at the expense of the DEA.
Thank you for your time in this matter.
Reason: 2026 AGEO Undercover Workshop
Location: Charleston, SC
Dates to Travel: February 17, 2026, through February 20, 2026
Training Cost: DEA
Hotel: DEA
Flights: DEA
Rental Car: DEA
Per Diem: DEA
Number of People: 1
Total: DEA

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council
VOTE
Authorizing the City Manager to execute a Preservation Restriction with Girls
Incorporated of Greater Lowell for property located at 228 Worthen Street in the City of Lowell.
------WHEREAS, the City of Lowell and Girls Incorporated of Greater Lowell recognize the
architectural, historic, and cultural values and significance of the Building and Property at 228
Worthen Street and have the common purpose of preserving the exterior of the Building and
Property; and
WHEREAS, upon the recommendation of the Community Preservation Committee and
approved as Project by the City Council, the sum of One Hundred Thirty-Five Thousand Dollars
($135,000) from the Community Preservation Funds (“Funds”) was appropriated for the purpose
of funding a grant for the restoration of windows, siding, doors, and roofing of the Building; and
WHEREAS, the City of Lowell desires to enter into a Preservation Restriction
Agreement with Girls Incorporated of Greater Lowell to ensure that the aforesaid preservation
values and significance of the Building and Property will be preserved.
NOW, THEREFORE, BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF
LOWELL, as follows:
That the City Manager is hereby authorized to execute a Preservation Restriction with
Girls Incorporated of Greater Lowell for the property located at 228 Worthen Street in the City
of Lowell more particularly described on Exhibit “A” and shown on Exhibit “B” and “C”
annexed hereto and made a part hereof.
Said Preservation Restriction shall be in accordance with the form, or substantially the
form, attached hereto.

Re:228WorthenSt/v:preservationrestriction

PRESERVATION RESTRICTION AGREEMENT
between
GIRLS INCORPORATED OF GREATER LOWELL
and the
CITY OF LOWELL, MASSACHUSETTS
BY AND THROUGH THE LOWELL HISTORIC BOARD
THIS PRESERVATION RESTRICTION AGREEMENT is made this ___ day of ________, 2025 by and
between GIRLS INCORPORATED OF GREATER LOWELL located at 220 Worthen Street, Lowell,
Massachusetts, 01852 (“Grantor”) and the CITY OF LOWELL (“Grantee”), a municipality duly
organized under the laws of the Commonwealth of Massachusetts and located in Middlesex County,
Massachusetts, to be administered, managed and enforced by it agent, the LOWELL HISTORIC
BOARD, located at 375 Merrimack Street, Lowell, Massachusetts, 01852 (“Board”),
WHEREAS, the Grantor is the owner of certain real property (hereinafter referred to as “the Property”)
with improvements thereon known as the Miss L. A. Hill’s Educational Club (hereinafter referred to as
“the Building”), located at 228 Worthen Street, Lowell, Massachusetts, more particularly described in
Grantor’s deed recorded on December 11, 2020 at the Middlesex North Registry of Deeds in Book 35037,
Page 39, and in Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the Building is described as follows, and also depicted in the photographic images taken in
September 2023, referenced by number in the following text, with copies of said images attached hereto
and incorporated herein by reference as Exhibit C:
The Miss L. A. Hill’s Educational Club is located at 228 Worthen Street in downtown Lowell.
The property is situated on the easterly side of Worthen Street, containing 3961.2 square feet. The
property is a contributing resource to the Lowell National Historical Park (NRDIS 1978) and the
Downtown Lowell Historic District (LHD 1983).
The Miss L. A. Hill’s Educational Club is representative of Worthen Street’s initial development
in the 1840s, the current building first appears on the 1841 map. In 1850 the name Kimball is
associated with this structure. From 1875 to 1908, this dwelling housed Miss L. A. Hill’s
Educational Club. For over thirty years Lucy A. Hill, along with her sisters Mary and Kate, taught
French, German, and English at 228 Worthen Street. The three sisters lived as well as taught in
this house. At some point between 1879 and 1896 a rear addition was constructed. The L-Shaped
configuration has remained unchanged to the present.
The building was originally a single-family dwelling, two and a half stories high with an Lshaped plan. Previously, the house had been covered with metal siding simulating wood
clapboarding, siding that has been removed. A brick foundation is visible on the southern side of
the structure. A covered porch supported by simple wooden posts projects from the main and
southern facades. The Worthen Street façade features an off-center entrance to the left, and the
façade gable has return eaves. A rear addition had also been sheathed in metal siding similar to
that of the main portion of the Building.
The west elevation of the Building is two and a half stories high with a pedimented gable end
facing Worthen Street. The elevation consists of cementitious horizontal siding with PVC trim
cornerboards, fascia, soffit, and window sills and trim. Aluminum clad 6/6 windows are found at
1

each story while a composite six panel ground floor entry doors is offset of center to the left and
includes flanking sidelights. A covered porch supported by simple wooden posts projects from
the west elevation and wraps round to the south elevation. A narrow two story copper clad
addition on the north elevation is recessed from the west elevation, linking an adjoining structure,
and includes a two story vertical aluminum window.
The south elevation of the Building is two and half stories in height with a sloped, asphalt
shingled roof and a single brick chimney. The elevation consists of cementitious horizontal
siding with PVC trim cornerboards, fascia, soffit, and window sills and trim. Aluminum clad 6/6
windows are found at each story while a composite six panel ground floor entry door provides
access from the covered porch that wraps from the west elevation. An existing two-story addition
extends to the rear and is similarly treated and includes an accessible ramp with composite posts
leading to a pair of composite patio doors.
The north elevation of the Building is obscured by the new link addition with the exception of the
existing rear addition. The elevation consists of cementitious horizontal siding with PVC trim
cornerboards, fascia, soffit, and window sills and trim. Aluminum clad 6/6 windows are found at
each story while a stairway leads to a deck and a pair of composite patio doors.
The east elevation of the Building is void of any fenestration whether on the exposed elevation
and gable end of the main Building or the existing addition. The east elevation of the narrow link
structure is visible and includes cementitious horizontal siding, PVC trim, and a single vertical
aluminum window at the second story.
WHEREAS, due to their historical and architectural significance, the Building and Property are a
contributing resource to the Lowell National Historical Park, listed in the National Register of Historic
Places on June 5, 1978, are located within the Downtown Lowell Historic District established by the City
of Lowell on December 13, 1983, and as a result of the foregoing are included in the State Register of
Historic Places; and
WHEREAS, Grantor and Grantee recognize the architectural, historic, and cultural values (hereinafter
“preservation values”) and significance of the Building and Property and have the common purpose of
preserving the aforesaid preservation values and significance of the exterior of the Building and Property;
and
WHEREAS, the preservation values of the Building and Property are documented in a series of
photographs and documents (hereinafter “Baseline Documentation”) incorporated herein and attached
hereto as by reference as Exhibit A, B, C, which Baseline Documentation the parties agree provides an
accurate representation of the Building and Property as of the date of this grant; and
WHEREAS, the Baseline Documentation (Exhibits A, B, and C) shall consist of the following:
Exhibit A: Legal property Description
Exhibit B: Assessor’s Parcel Map
Exhibit C: Six (6) Photographs of current conditions dated September 2023 to be maintained by
the grantee at Lowell City Hall. Updated photos shall be taken and filed with the
Grantee when rehabilitation is complete; and
WHEREAS, the Building is in need of preservation and restoration; and

2

WHEREAS, upon the recommendation of the Community Preservation Committee and approved as
Project by the City Council, the sum of One Hundred Thirty Five Thousand Dollars ($135,000) from the
Community Preservation Funds (“Funds”) was appropriated for the purpose of funding a grant for the
restoration of windows, siding, doors, and roofing of the Building; and
WHEREAS, the Grantor and the Grantee have reached an Agreement whereby the Grantee shall provide
the Funds so appropriated to the Grantor to be expended for the preservation and renovation of the
aforementioned Building, under the terms and conditions set forth herein and in such other documents as
the parties may execute, and the Grantor agrees to accept such Funds to be used exclusively for such
purposes and under such terms and conditions (“Restriction” or “Preservation Restriction”);
WHEREAS, the Grantor in further consideration of the receipt of such Funds and to ensure the
preservation of the aforementioned Building agrees and desires, to impose certain restrictions, obligations
and duties upon itself, its successors and assigns, so as to maintain, protect and preserve the architectural
and historical integrity of the Building;
WHEREAS, the preservation of the Building is important to the public for the enjoyment and
appreciation of its architectural and historical heritage and serves the public interest in a manner
consistent with the purposes of Massachusetts General Laws, Chapter 184, Sections 31, 32, and 33
(“Act”); and
WHEREAS, the Board is authorized to accept preservation restrictions in the name of the City of Lowell
and the Board is a governmental body duly organized under the laws of the Commonwealth of
Massachusetts (M.G.L. Chapter 566, Acts of 1983 Lowell Historic District Act), authorized and directed
by the Grantee to manage the Property and Buildings burdened by such restrictions, consistent with the
provisions of the Act and to administer and enforce this preservation restriction;
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby irrevocably grant and convey to the Grantee in gross in perpetuity this Restriction
over the Property and exterior of the Building to be administered, managed and enforced by the Board.
1. Purpose: It is the Purpose of this Restriction to assure that, the architectural, historic, and cultural
features of the exterior of the Building will be retained and maintained forever substantially in its current
condition or in a restored condition approved by the Board for preservation purposes and to prevent any
use or change of the Property or the exterior of the Building that will significantly impair or interfere with
the Building’s preservation values or alter views of the exterior of the Building.
2. Preservation Restriction: The Grantor grants the Grantee the right to forbid or limit:
a. any alteration to the appearance, materials, workmanship, condition, or structural stability of
the exterior of the Building unless (i) clearly of a minor nature and not affecting the
characteristics which contribute to the architectural or historical integrity of the Building and the
Property, or (ii) the Grantee has previously determined that it will not impair such characteristics
after reviewing plans, and specifications submitted by Grantor in accordance with the
requirements of paragraph 7, which determination shall not be unreasonably withheld, or (iii)
required by casualty or other emergency promptly reported to Grantee in accordance with the
requirements of paragraph 9. For the purposes of this Agreement, interpretation of what
constitutes alterations of a minor nature and ordinary maintenance and repair is governed by the
Restriction Guidelines, which are attached hereto as Exhibit D and hereby incorporated by
reference.

3

b. any other act or use that may be harmful to the historic preservation of the exterior of the
Building or the Property.
3. Restriction as to Expenditure of Funds: Subject to Paragraph 2 and the terms and conditions of this
Restriction and such other terms and conditions as the Board may reasonably impose to accomplish the
purposes of this Restriction, the Grantor shall expend such Community Preservation Funds to rehabilitate
and restore the Building.
4.1 Grantor’s Covenants: Covenant to Maintain. Subject to Paragraph 2 and the terms and conditions of
this Restriction and such other terms and conditions as the Board may reasonably impose to accomplish
the purposes of this Restriction, the Grantor covenants and agrees at all times to maintain the Building in
the same structural condition and state of repair to that existing following the substantial completion of
restoration work to be completed as a result of the expenditure of Community Preservation Funds.
Grantor’s obligation to maintain shall require replacement, repair, and reconstruction by Grantor
whenever necessary to preserve the exterior of the Building. Subject to the casualty provisions of
paragraphs 9 and 10, this obligation to maintain shall require replacement, rebuilding, repair, and
reconstruction of the Building whenever necessary in accordance with the policies and procedures of the
Board and in accordance with The Secretary of Interior’s Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings (36 CFR 67 and 68), as these may be amended from time to time (hereinafter the “Secretary’s
Standards”).
4.2 Grantor’s Covenants: Prohibited Activities. The following acts or uses are expressly forbidden except
as otherwise conditioned in this paragraph:
a. the Building shall not be demolished, removed, or razed except as provided in Paragraphs 9
and 10;
b. the dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited
on the Property near the Building;
c. no above-ground utility transmission lines, except those reasonably necessary for the existing
Building, may be created on the Property, subject to utility easements already recorded;
d. no additions and/or outbuildings may be attached to the Building without prior approval of the
Board; and
e. moving the Building to another location shall be forbidden without prior approval of the Board.
5. Conditional Rights Requiring Grantee Approval: Subject to Paragraph 4 and the terms and conditions
of this Restriction and such other terms and conditions as the Board may reasonably impose to
accomplish the purposes of this Restriction, the Grantor shall not alter the exterior of the Building without
prior express written approval of the Board. Without said approval Grantor shall not make any changes to
the exterior of the Building, including the alteration, partial removal, construction, remodeling, or other
physical or structural change, including permanent signs, and any change in material or color or any
change to the footprint, size, mass, ridge-line, and rooflines of the Building. Grantor shall similarly not
make any alterations to the surrounding Property that would obscure the current view of the Building,
such as installation of permanent signage or trees or very large shrubs without approval of the Board.
Activities by Grantor to maintain the Building and the Property which are intended to be performed in
accordance with the provisions of paragraph 4.1, and which are of a minor nature, shall not require the
prior approval of the Board. For the purposes of this section, interpretation of what constitutes ordinary
4

maintenance of a minor nature is governed by the Restriction Guidelines (Exhibit D), which are attached
to this Agreement and hereby incorporated by reference.
6. Grantor’s Reserved Rights Not Requiring Further Approval by the Grantee: Subject to the provisions
of paragraphs 2 and 4.2, the following rights, uses, and activities of or by Grantor on, over, or under the
Property are permitted by this Restriction and by the Board without further approval by the Board:
a. the right to engage in all those acts and uses that:
(i) are permitted by governmental statute or regulation;
(ii) do not substantially impair the preservation values of the Building and Property; and
(iii) are not inconsistent with the Purpose of this Restriction;
b. pursuant to the provisions of Paragraph 4.1, the right to maintain and repair the Building
strictly according to the Secretary’s Standards. As used in this sub-paragraph, the right to
maintain and repair shall mean the use by the Grantor of in-kind materials and colors, applied
with workmanship comparable to that which was used in the construction or application of those
materials being repaired or maintained, for the purpose of retaining in good condition the
appearance and construction of the exterior of the Building. The right to maintain and repair as
used in this sub-paragraph shall not include the right to make changes in appearance, materials,
workmanship from that existing prior to the maintenance and repair without the prior approval of
the Board in accordance with the provisions of Paragraph 5;
7. Review of Grantor’s Requests for Approval: Grantor shall submit to the Board for the Board’s approval
of those conditional rights set out at Paragraphs 2 and 5 two copies of information (including plans,
specifications, and designs where appropriate) identifying the proposed activity with reasonable
specificity. In connection therewith, Grantor shall also submit to the Board a timetable for the proposed
activity sufficient to permit the Board to monitor such activity. Within sixty (60) days of the Board’s
receipt of any plan or written request for approval hereunder, the Board shall certify in writing that (a) it
approves the plan or request, or (b) it disapproves the plan or request as submitted, in which case the
Board shall provide Grantor with written suggestions for modification or a written explanation for the
Board’s disapproval. Any failure by the Board to act within sixty (60) says of receipt of Grantor’s
submission or resubmission of plans or requests shall be deemed to constitute approval by the Board of
the plan or request as submitted and to permit Grantor to undertake the proposed activity in accordance
with the plan or request as submitted and to permit Grantor to undertake the proposed activity in
accordance with the plan or request submitted, so long as the request sets forth the provisions of this
section relating to deemed approval after the passage of time, provided that nothing herein shall be
construed to permit Grantor from undertaking of the activities prohibited hereunder.
8. Standards for Review: In exercising any authority created by this Restriction to inspect the Building; to
review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct
or approve reconstruction of the Building following casualty damage, the Board shall apply the
Secretary’s Standards.
9. Casualty Damage or Destruction: In the event that Building or Property shall be damaged or destroyed
by fire, flood, windstorm, hurricane, earth movement, or other casualty. Grantor shall notify the Board in
writing within fourteen (14) days of the damage or destruction, such notification including what, if any,
emergency work has already been completed. No repairs or reconstruction of any type, other than
temporary emergency work to prevent further damage to the Building and Property and to protect public
safety, shall be undertaken by Grantor without Board’s prior written approval of the work. Within sixty
5

(60) days of the date of damage or destruction, if required by the Board, Grantor at its expense shall
submit to the Board a written report prepared by a qualified restoration architect and an engineer who are
acceptable to the Grantor and the Board, which report shall include the following:
a. an assessment of the nature and extent of the damage;
b. a determination of the feasibility of the restoration of the Building and/or reconstruction of
damaged or destroyed portions of the Building; and
c. a report of such restoration/reconstruction work necessary to return the Building to the
condition existing at the date hereof or the condition subsequently approved by the Board.
10. Review After Casualty Damage or Destruction: If, after reviewing the report provided in paragraph 9
and assessing the availability of insurance proceeds after satisfaction of any mortgagee’s/lender’s claims
under paragraph 11, Grantor and the Board agree that the Purpose of the Restriction will be served by
such restoration/reconstruction of the Building in accordance with plans and specifications consented to
by the parties up to at least the total of the casualty insurance proceeds available to Grantor.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee’s/lender’s claims under paragraph 11, Grantor and the Board agree that
restoration/reconstruction of the Building is impractical or impossible, or agree that the Purpose of the
Restriction would not be served by such restoration/reconstruction and Grantor may, with prior written
consent of the Board, alter, demolish, remove, or raze the Building, and/or construct new improvements
on the Property, Grantor and Grantee may agree to seek to extinguish this Restriction in accordance with
laws of the Commonwealth of Massachusetts and paragraph 23 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee’s/lender’s claims under paragraph 11, Grantor and the Board are unable to agree that the
Purpose of the Restriction will or will not be served by such restoration/reconstruction, the matter may be
referred by either party to binding arbitration and settled in accordance with the Commonwealth of
Massachusetts arbitration statute then in effect, and all other applicable laws, rules, regulations, and
ordinances. Arbiter shall have experience in historic preservation matters.
11. Insurance: Grantor shall keep the Building insured by an insurance company rated “A” or better by
Best’s or equivalent rating agency for the full replacement value against loss from the perils commonly
insured under standard fire and extended coverage policies and comprehensive general liability insurance
against claims for personal injury, death, and property damage. Property damage insurance shall include
change in condition and building ordinance coverage, in form and amount sufficient to replace fully the
damaged Building without cost or expense to Grantor or contribution or coinsurance from Grantor.
Grantor shall deliver to the Board, within ten (10) business days of the Board’s written request thereof,
certificates of such insurance coverage. Provided, however, that whenever the Property is encumbered
with a mortgage or deed of trust nothing contained in this paragraph shall jeopardize the prior claim, if
any, of the mortgagee/lender to the insurance proceeds.
12. Indemnification: Grantor hereby agrees to pay, protect, indemnify, hold harmless, and defend, at its
own cost and expense, Grantee, its boards, commissions, appointees, agents, directors, employees, or
independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses,
and expenditures (including attorney’s fees and disbursements hereafter incurred) arising out of or in
connection with injury to or death of any person as a result of the existence of this Restriction; physical
damage to the Building; the presence or release in, on, or about the Property, at any time, of any
substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance, or
regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or other damage
6

occurring or about the Building; unless such injury, death, or damage is cause by Grantee or its boards,
Boards, appointees, agents, directors, employees, or independent contractors. In the event that Grantor is
required to indemnify Grantee pursuant to the terms of this paragraph, the amount of such indemnity,
until discharged, shall continue a lien on the Property with the same effect and priority as a mechanic’s
lien.
13. Written Notice: Any notice which either Grantor or Grantee may desire or be required to give to the
other party shall be in writing;
Grantor:

Girls Inc. of Greater Lowell
220 Worthen Street
Lowell, MA 01852

Grantee:

Lowell Historic Board
c/o City of Lowell
Lowell City Hall
375 Merrimack Street, Room 51
Lowell, MA, 01852

14. Evidence of Compliance. Upon request by Grantor, Grantee shall promptly furnish Grantor with
certification that, to the best of Grantee’s knowledge, Grantor is in compliance with the obligations of
Grantor contained herein, or that otherwise evidence the status of this Restriction to the extent of
Grantee’s knowledge thereof.
15. Inspection: With the consent of Grantor, Grantee or its representatives shall be permitted at reasonable
times to inspect the Building and the Property on an annual basis. Grantor covenants not to withhold
unreasonable its consent in determining dates and times for such inspections.
16. Grantee’s Remedies: The Grantor, for itself, its assigns and successors, expressly acknowledges that a
violation of this Preservation Restriction Agreement, including a failure to expend such Funds for their
intended purposes, may result in the Board exercising its right to enforce the terms and conditions of the
Restriction by seeking appropriate legal and equitable relief, including, but not limited to, restoration of
the Building, repayment of the Funds, and such other legal and equitable remedies as may be available to
the Board to effectuate the purposes of this Restriction and to enforce the Grantor’s obligations hereunder.
In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for
any costs or expenses incurred in connection with Grantee’s enforcement of the terms of this Restriction,
including all court costs, and attorneys’, architectural, engineering, and expert-witness fees. Grantor shall,
at its own expense and with approval of Board, reverse any actions or activities which violated this
restriction and altered the Building.
Nothing in this Restriction shall impose upon the Board any duty to maintain or require that the Building
be maintained in any particular state or condition, notwithstanding the Board’s acceptance hereof.
Enforcement of the terms of this Preservation Restriction shall be at the discretion of the Board. Any
election by the Board as to the manner and timing of the exercising of its right to enforce this Preservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of
such rights. By its acceptance of this Preservation Restriction, the Board does not assume any liability or
obligation relating to the condition of the Building or the Property, including compliance with hazardous
materials or other environmental laws and regulations.
17. Notice from Government Authorities: Grantor shall deliver to Grantee copies of any notice of
violation or lien relating to the Building or Property received by Grantor from any government authority
7

within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish
Grantee with evidence of Grantor’s compliance with such notice or lien where compliance is required by
law.
18. Notice of Proposed Sale: Grantor shall promptly notify Grantee in writing of any proposed sale of the
Property, and provide the opportunity for Grantee to explain the terms of the Restriction to potential new
Grantors prior to sale closing.
19. Runs with the Land: Except as provided in Paragraphs 9 and 10, the restrictions, obligations, and
duties set forth in this Restriction shall run with the Property and shall inure to the benefit of the Board
and all parties claiming by, through, and under the Board and shall bind the Grantor and all parties
claiming by, through, and under the Grantor. The rights hereby granted to the Board constitute the
perpetual right of the Board to enforce this Preservation Restriction Agreement. The Grantor hereby
covenants for itself to stand seized and hold title to the Property subject to the terms of this Restriction.
This Restriction shall extend to and be binding upon Grantor and Grantee, their respective successors in
interest and all persons hereafter claiming under or through Grantor and Grantee, and the words
“Grantor”, “Grantee” when used herein shall include all such persons. Any right, title, or interest herein
granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such
following successor and assign thereof, and the word “Grantee” shall include all such successors and
assigns.
Anything contained herein to the contrary notwithstanding, Grantor of the Property shall have no
obligation pursuant to this instrument where such Grantor shall cease to have any Grantorship interest in
the Property by reason of a bona fide transfer. The restrictions, stipulations and covenants contained in
this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or
other legal instrument by which Grantor divests itself or either fee simple title to or any lesser estate in the
Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of
the Property.
20. Assignment: Grantee may convey, assign, or transfer this Restriction to a unit of federal, state, or local
government or to a similar local, state, or national charitable corporation or trust that qualifies under the
Act, and whose purposes, inter alia, include the preservation of buildings or sites of historical
significance, provided that any such conveyance, assignment or transfer requires that the Purpose for
which the Restriction was granted will continue to be carried out. Grantor shall give prior written
approval of such conveyance, assignment, or transfer by Grantee, such approval not to be unreasonably
withheld.
21. Alternate Designee: Grantee may, at its discretion, remove and replace the Board as its designee to
administer, manage, and enforce this Restriction, provided that any new designee is qualified as such
under the Act and other applicable law.
22. Recording and Effective Date: Grantee shall do and perform at its own cost all acts necessary to the
prompt recording of this Restriction which shall become effective upon its being duly executed by the
Grantor, the City of Lowell, and the Lowell Historic Board, its being approved by the Massachusetts
Historical Commission, and its being recorded with the Northern Middlesex Registry of Deeds.
23. Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions
surrounding the Property may make impossible the continued Grantorship or use of the Property for the
Purpose of this Restriction and necessitate extinguishment of the Restriction. Such a change in conditions
may include, but is not limited to, partial or total destruction of the Building resulting from casualty. Such
an extinguishment must meet all the requirements of the Act for extinguishment, including approvals
8

following public hearings by the City of Lowell and the Massachusetts Historical Commission to
determine that such extinguishment is in the public interest. In the event of a sale of the Property, net
proceeds of sale shall be paid to Grantor.
24. Condemnation: If all or any part of the Property is taken under the power of eminent domain by
public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of
a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover
the full value of those interests in the Property that are subject to the taking and all incidental and direct
damages resulting from the taking. All expenses reasonably incurred by Grantor and Grantee in
connection with such taking shall be paid out of the recovered proceeds. Such recovered proceeds shall be
paid to Grantor.
25. Interpretation: The following provisions shall govern the effectiveness, interpretation, and duration of
the Restriction:
a. Any rule of strict construction designed to limit the breadth of restrictions on alienation or use
of the Property shall not apply in the construction or interpretation of this Restriction and this
instrument shall be interpreted broadly to affect its Purpose and the transfer of rights and the
restrictions on use contained herein.
b. This instrument may be executed in two counterparts, one of which is to be retained by Grantor
and the other, after recording, to be retained by Grantee. In the event of any disparity between the
counterparts produced, the recorded counterpart shall in all cases govern. Except as provided in
the preceding sentence, each counterpart shall constitute the entire Restriction of the parties.
c. This instrument is made pursuant to the Act, but the invalidity of such Act or any part thereof
shall not affect the validity and enforceability of this Restriction according to its term, it being the
intent of the parties to agree and to bind themselves, their successors and their assigns in
perpetuity to each term of this instrument whether this instrument be enforceable by reason of any
statute, common law, or private Restriction either in existence now or at any time subsequent
hereto.
d. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any
ordinance or regulation relating to building materials, construction methods or use. In the event of
any conflict between any such ordinance or regulation and the terms hereof Grantor promptly
shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable
governmental entity to accommodate the purposes of both this Restriction and such ordinance or
regulation.
If any court or other tribunal determines that any provisions of this instrument is invalid or unenforceable,
such provision shall be deemed to have been incorporated herein automatically to conform to the
requirements for validity and enforceability as determined by such court or tribunal. In the event any
provision invalidated is of such a nature that it cannot be modified, the provision shall be deemed deleted
from this Preservation Restriction as though it had never been included herein. In either case, the
remaining provisions of this instrument shall remain in full force and effect.
26. Amendment: If circumstances arise under which an amendment to or modification of this Restriction
would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this
Restriction, provided that no amendment shall be made that will adversely affect the qualification of this
Restriction or the status of Grantee under any applicable law. Any such amendment shall be consistent
with the protection of the preservation values of the Property and the Purpose of this Restriction; shall not
affect its perpetual duration; shall not permit any private inurement to any person or entity; and shall not
9

adversely impact the overall architectural and historic values protected by this Restriction. Any such
amendment shall be effective when the requirements of the Act with respect to amendments have been
met and the amendment is recorded in the Middlesex North Registry of Deeds. Nothing in this paragraph
shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any
amendment.
27. Release: This Preservation Restriction is intended to be a restriction in gross in perpetuity and may
only be released, in whole or in part, by the Grantee pursuant to the procedures for release established by
the Act and otherwise by law, including approvals following public hearings by the City of Lowell and
the Massachusetts Historical Commission to determine that such a release is in the public interest.
28. Archaeological Activities: The conduct of archaeological activities on the Property, including without
limitation survey, excavation, and artifact retrieval, may occur only following the submission of an
archaeological field investigation plan prepared by the Grantor and approved in writing by the Grantee
and the State Archaeologist of the Massachusetts Historical Commission (M.G.L. C. 9, Sec. 27C, 950
C.M.R. 70.00).
IN WITNESS WHEREOF, the Grantor sets its hand and seal this _____ day of __________________,
2025.
By:
GRANTOR:
Girls Incorporated of Greater Lowell

______________________________________
Sonia Ruas
President, Girls Incorporated of Greater Lowell
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Susanne Duato, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as President, Girls Incorporated of Greater Lowell.

_______________________________
Notary Public
My Commission Expires:

______________________________________
Eileen Morrison
Treasurer, Girls Incorporated of Greater Lowell

10

COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Gabriela Boscaja, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as Treasurer, Girls Incorporated of Greater Lowell.

_______________________________
Notary Public
My Commission Expires:

11

APPROVAL AND ACCEPTANCE BY CITY OF LOWELL

I, the undersigned City Clerk of the City of Lowell, Massachusetts, hereby certify that at a meeting duly
held on _____________________, 2025, the Lowell City Council, by majority vote, voted to approve and
accept the foregoing preservation restrictions, being in the public interest pursuant to M.G.L. Chapter
184, Section 32.
CITY OF LOWELL
By its Clerk
_____________________
Michael Geary

COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Michael Geary, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as Clerk of the City of Lowell.
_______________________________
Notary Public
My Commission Expires:

The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Lowell.
_______________________
Thomas Golden, Jr., City Manager

COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Thomas Golden, Jr., proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as City Manager of the City of Lowell.
_______________________________
Notary Public
My Commission Expires:

12

ACCEPTANCE BY THE LOWELL HISTORIC BOARD

At a meeting duly held on _____________________, 2025, the Lowell Historic Board, by majority vote,
voted to accept these preservation restrictions.

____________________________________
Stephen Stowell, duly authorized
Administrator, Lowell Historic Board

COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Stephen Stowell, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as duly authorized Administrator, Lowell Historic
Board.

_______________________________
Notary Public
My Commission Expires:

13

APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
COMMONWEALTH OF MASSACHUSETTS
The undersigned Executive Director and Clerk of the Massachusetts Historical Commission hereby
certifies that the foregoing preservation restriction has been approved pursuant to Massachusetts General
Law, chapter 184, section 32.
MASSACHUSETTS HISTORICAL COMMISSION

______________________________________
Brona Simon
Executive Director and Clerk

COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Brona Simon, proved to me through satisfactory evidence of identification, which was (a current
driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal), to be
the person whose name is signed on the preceding or attached document, and acknowledged to me that
s/he signed it voluntarily for its stated purposes.

_______________________________
Notary Public
My Commission Expires:

14

EXHIBIT A

LEGAL PROPERTY DESCRIPTION
The land in Lowell, with the buildings thereon now known as and numbered 228 Worthen Street situated
on the easterly side of said Worthen Street, containing 3961.2 square feet, more or less, and thus bounded
and described to wit:
Beginning at the easterly side of said Worthen Street at a point 221 feet distant from and Southerly of the
point of intersection of the Southerly side of Market Street, formerly called Lowell Street and the Easterly
side of said Worthen Street; thence running Southerly on said Worthen Street, 40 feet; thence Easterly at a
right angle 99.3 feet to the middle of a passageway 14 feet wide that is forever to be kept open for the
common use of the grantees and all other persons having rights therein; thence Northerly at a right angle
on and by the middle of said passageway 40 feet; thence Westerly at a right angle 99.3 feet to the point of
beginning.
Source: Middlesex County Registry of Deeds at Book 35037 Page 39.

15

EXHIBIT B

LOWELL ASSESSORS’ PARCEL MAP 6510-228

16

EXHIBIT C

Photo 1, Southwest Elevation, September 2023

17

Photo 2, West Elevation, September 2023

18

Photo 3, East Elevation, September 2023

19

Photo 4, West Elevation, September 2023

20

Photo 5, North Elevation, September 2023

21

Photo 6, West Elevation, September 2023

22

EXHIBIT D

RESTRICTION GUIDELINES
The purpose of the Restriction Guidelines is to clarify paragraph 3 of the terms of the preservation
restriction, which deals with alterations to the Property. Under this section permission from the LOWELL
HISTORIC BOARD (BOARD) is required for any major alteration. Alterations of a minor nature, which
are part of ordinary maintenance and repair, do not require BOARD review.
In an effort to explain what constitutes a minor alteration and what constitutes a major change, which
must be reviewed by the BOARD, the following list has been developed. By no means is this list
comprehensive: it is only a sampling of some of the more common alterations, which may be
contemplated by the property owner.
PAINT
Minor – Exterior hand scraping and repainting of non-decorative and non-significant surfaces as
part of periodic maintenance.
Major – Painting or fully stripping decorative surfaces or distinctive stylistic features including
murals, stenciling, ornamental woodwork, stone, masonry, decorative or significant original
stucco or plaster.
WINDOWS AND DOORS
Minor – Regular maintenance including caulking, painting and necessary reglazing. Repair or inkind replacement of existing individual decayed window parts.
Major – Wholesale replacement of units; change in fenestration or materials; alteration of profile
or setback of windows. The addition of storm windows is also considered a major change;
however, with notification it is commonly acceptable.
EXTERIOR
Minor – Spot repair of existing cladding and roofing including in-kind replacement of clapboards,
shingles, slates, etc.
Major – Large-scale repair or replacement of cladding or roofing. Change involving inappropriate
removal or addition of materials or building elements (i.e. removal of chimneys or cornice
detailing; installation of architectural detail which does not have a historical basis); altering or
demolishing building additions; spot repointing of masonry. Structural stabilization of the
property is also considered a major alteration.
LANDSCAPING/OUTBUILDINGS
Minor – Routine maintenance of outbuildings and landscape including lawn mowing, pruning,
planting, painting, and repair.
Major – Moving or subdividing buildings or property; altering of property; altering or removing
significant landscape features such as gardens, vistas, walks, plantings, walls, fences; ground
disturbance affecting archaeological resources.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
Minor – Repair of existing systems.
23

Major – Installing or upgrading systems which will result in major exterior appearance changes
(i.e. exterior ducts, piping, ventilators, HVAC units); the removal of substantial quantities of
original materials in the course of construction.
Changes classified as major alterations are not necessarily unacceptable. Under the preservation
restriction such changes must be reviewed by the BOARD and their impact on the historic integrity of the
property assessed.
It is the responsibility of the property owner to notify the BOARD in writing when any major alterations
are contemplated. Substantial alterations may necessitate review of plans and specifications.
The intent of the preservation restriction is to enable the BOARD to review proposed alterations and
assess their impact on the integrity of the building, not to preclude future change, BOARD will attempt to
work with property owner to develop mutually satisfactory solutions, which are in the best interests of the
Property.

24

The City of Lowell • Dept. of Planning and Development • Division of Development Services
Lowell City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4144 • F: 978.446.7103
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

February 3, 2026
Mayor Erik Gitschier
and
Members of the Lowell City Council
RE: Girls Inc (228 Worthen Street) – Preservation Restriction
Dear Mayor Gitschier and Members of the Lowell City Council,
During the 2022 Community Preservation Act (CPA) funding cycle, the Community
Preservation Committee (CPC) and City Council awarded $135,000 to Girls Inc of Greater
Lowell for the restoration of the historic ‘Miss LA Hill’s Education Club (aka Greek American
Legion)’ at 228 Worthen Street. The property is located in the Downtown Lowell Historic
District. The approval was conditional on the property owner granting the City of Lowell a
Preservation Restriction on the property to be held by the Lowell Historic Board.
The Preservation Restriction has been approval by the Massachusetts Historical Commission as
required under M.G.L. c. 184, §§ 31, 32 and 33. The Lowell Historic is authorized to hold
preservation restrictions consistent with Section 7(8) of the Historic Board’s statute permitting
the Board to “acquire, accept, and maintain real property or interests in real property for historic
preservation purposes”.
The Historic Board voted unanimously to accept the preservation restriction at their July 14,
2025 meeting.
If you have any questions, please don’t hesitate to contact Assistant City Manager/DPD Director
Yovani Baez-Rose at 978-674-4252.
Sincerely,

Thomas A. Golden Jr.
City Manager
Attachments

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council
VOTE
Authorizing the City Manager to execute a Preservation Restriction with New Gorham
LLC for property located at 80 Gorham Street in the City of Lowell.
------WHEREAS, the City of Lowell and New Gorham LLC recognize the architectural,
historic, and cultural values and significance of the Building and Property at 80 Gorham Street
and have the common purpose of preserving the exterior of the Building and Property; and
WHEREAS, upon the recommendation of the Community Preservation Committee and
approved as Project by the City Council, the sum of One Hundred Seventy-Eight Thousand, One
Hundred Dollars ($178,100) from the Community Preservation Funds (“Funds”) was
appropriated for the purpose of funding a grant for the restoration of the façade, masonry, and
windows of the Building; and
WHEREAS, the City of Lowell desires to enter into a Preservation Restriction
Agreement with New Gorham LLC to ensure that the aforesaid preservation values and
significance of the Building and Property will be preserved.
NOW, THEREFORE, BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF
LOWELL, as follows:
That the City Manager is hereby authorized to execute a Preservation Restriction with
New Gorham LLC for the property located at 80 Gorham Street in the City of Lowell more
particularly described on Exhibit “A” and shown on Exhibit “B” and “C” annexed hereto and
made a part hereof.
Said Preservation Restriction shall be in accordance with the form, or substantially the
form, attached hereto.

Re:80GorhamSt/v:preservationrestriction

PRESERVATION RESTRICTION AGREEMENT
between
NEW GORHAM LLC
and the
CITY OF LOWELL, MASSACHUSETTS
BY AND THROUGH THE LOWELL HISTORIC BOARD
THIS PRESERVATION RESTRICTION AGREEMENT is made this ___ day of _________, 2025 by
and between NEW GORHAM LLC located at 67 South Bedford Street, Suite 400W, Burlington,
Massachusetts, 01803 (“Grantor”) and the CITY OF LOWELL (“Grantee”), a municipality duly
organized under the laws of the Commonwealth of Massachusetts and located in Middlesex County,
Massachusetts, to be administered, managed and enforced by it agent, the LOWELL HISTORIC
BOARD, located at 375 Merrimack Street, Lowell, Massachusetts, 01852 (“Board”),
WHEREAS, the Grantor is the owner of certain real property (hereinafter referred to as “the Property”),
located at 80 Gorham Street, Lowell, Massachusetts, more particularly described in Grantor’s deed
recorded on July 19, 2021 at the Middlesex North Registry of Deeds in Book 36018, Page 15, and in
Exhibit A, attached hereto and incorporated herein by this reference, said Property improved by a
building thereon known as the Lowell Hotel (hereinafter referred to as “the Building”); and
WHEREAS, the Building is described as follows, and also depicted in the photographic images taken in
October 2022, referenced by number in the following text, with copies of said images attached hereto and
incorporated herein by reference as Exhibit C:
The Lowell Hotel consists of two sections, the 1829 Federal/Greek Revival-style hotel fronting
Gorham Street and a ca. 2023 two-story rear addition. The original section rests on a brick and
stone foundation and rises three and one-half stories to a gable roof clad in asphalt shingles. The
brick exterior is laid in common bond. Simple paired brick chimneys rise from the roofline at the
gable end walls at the north and south elevations.
The façade (west elevation) fronting Gorham Street is five bays wide. Centered at the first story is
the entrance bay to the residential units in the building’s upper floors. The entrance is accessible
via granite steps and includes replica wooden entry door and beadboard infill. Flanking the
residential entrance bay are two identical historic replica wooden storefront systems. The two
commercial entrances have replica historic wood doors. Fenestration along the façade’s first
story is divided vertically by granite piers and is topped with a continuous granite lintel. The
second and third stories at the façade each feature five regularly placed 6/6 double-hung
aluminum clad historic replica windows with granite sills and lintels.
The north elevation is largely obscured by the two-and-one-half-story Darius Young House, 7276 Gorham Street (1830; LOW.1780; NRDIS 1978; LHD 1983). The buildings are separated by a
paved walkway and a chain link gate along Gorham Street. The first story is void of fenestration
except for a single window opening at the eastern end. The second and third stories each feature
three regularly placed windows, and two are found at the gable end wall. They rest on granite sills
and have painted wood lintels. All windows are 6/6 aluminum clad historic replica windows. The
south elevation is largely obscured by the four-story O. M. Donohoe Building, 92-98 Gorham
1

Street (ca. 1900; LOW.1783; NRDIS 1978; LHD 1983). The buildings are separated by a paved
walkway and a chain link gate along Gorham Street. Fenestration at the south elevation mirrors
the north and has matching trim. All windows are 6/6 aluminum clad historic replica windows.
Much of the original 1829 building’s rear (east) elevation is obscured by a four-story addition
built in 2023, with the exception of a slight reveal at the left and right edges, that has a flat,
rubber roof.
The north elevation of the addition is of four stories and consists of horizontal cementitious siding
with a PVC trim watertable, vertical cornerboard, roof edge frieze, and window sills and trim. A
horizontal PVC trim board divides the façade between the second and third stories. Composite
1/1 windows are found at each story while a composite six panel ground floor egress door is at
the right edge of the elevation. Two vertical aluminum downspouts exist near the right and left
edges of the elevation while a single wall-mounted heat pump/condenser unit is located to the left
edge of the elevation between the first and second stories.
The south elevation of the addition is of four stories and consists of horizontal cementitious
siding with a PVC trim watertable, vertical cornerboard, roofedge frieze, and window sills and
trim. A horizontal PVC trim board divides the façade between the second and third stories.
Composite 1/1 windows are found at each story while two composite six panel ground floor
egress doors are located at the left edge of the elevation. Two vertical aluminum downspouts
exist near the right and left edges of the elevation while a single wall-mounted heat
pump/condenser unit is located to the right edge of the elevation between the first and second
stories.
The east elevation of the addition is of four stories and consists of horizontal cementitious siding
with a PVC trim watertable, vertical cornerboard, roofedge frieze, and window sills and trim.
Composite 1/1 windows are found at each story while all doors are composite with full height
glass and each having an external aluminum storm door. A wooden deck with metal rails is
centered on the second floor, projecting from the façade, and is subdivided by a two-story
wooden screen wall, perpendicular to the façade. Two additional wooden decks with metal rails
project from the third floor, one each at the left and right edges. Five wall-mounted heat
pump/condenser units are located between the first and second floor and between the third and
fourth floor.
WHEREAS, due to their historical and architectural significance, the Building and Property are a
contributing resource to the Lowell National Historical Park, listed in the National Register of Historic
Places on June 5, 1978, are located within the Downtown Lowell Historic District established by the City
of Lowell on December 13, 1983, and as a result of the foregoing are included in the State Register of
Historic Places; and
WHEREAS, Grantor and Grantee recognize the architectural, historic, and cultural values (hereinafter
“preservation values”) and significance of the Building and Property and have the common purpose of
preserving the aforesaid preservation values and significance of the exterior of the Building and Property;
and
WHEREAS, the preservation values of the Building and Property are documented in a series of
photographs and documents (hereinafter “Baseline Documentation”) incorporated herein and attached
hereto as by reference as Exhibit A, B, C, which Baseline Documentation the parties agree provides an
accurate representation of the Building and Property as of the date of this grant; and
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WHEREAS, the Baseline Documentation (Exhibits A, B, and C) shall consist of the following:
Exhibit A: Legal property Description
Exhibit B: Assessor’s Parcel Map
Exhibit C: Six (6) Photographs of current conditions dated September 2023 and April 2024; and
WHEREAS, the Building is in need of preservation and restoration; and
WHEREAS, upon the recommendation of the Community Preservation Committee and approved as
Project by the City Council, the sum of One Hundred Seventy Eight Thousand, One Hundred Dollars
($178,100) from the Community Preservation Funds (“Funds”) was appropriated for the purpose of
funding a grant for the restoration of the façade, masonry, and windows of the Building; and
WHEREAS, the Grantor and the Grantee have reached an Agreement whereby the Grantee shall provide
the Funds so appropriated to the Grantor to be expended for the preservation and renovation of the
aforementioned Building, under the terms and conditions set forth herein and in such other documents as
the parties may execute, and the Grantor agrees to accept such Funds to be used exclusively for such
purposes and under such terms and conditions (“Restriction” or “Preservation Restriction”);
WHEREAS, the Grantor in further consideration of the receipt of such Funds and to ensure the
preservation of the aforementioned Building agrees and desires, to impose certain restrictions, obligations
and duties upon itself, its successors and assigns, so as to maintain, protect and preserve the architectural
and historical integrity of the Building;
WHEREAS, the preservation of the Building is important to the public for the enjoyment and
appreciation of its architectural and historical heritage and serves the public interest in a manner
consistent with the purposes of Massachusetts General Laws, Chapter 184, Sections 31, 32, and 33
(“Act”); and
WHEREAS, the Board is authorized to accept preservation restrictions in the name of the City of Lowell
and the Board is a governmental body duly organized under the laws of the Commonwealth of
Massachusetts (M.G.L. Chapter 566, Acts of 1983 Lowell Historic District Act), authorized and directed
by the Grantee to manage the Property and Buildings burdened by such restrictions, consistent with the
provisions of the Act and to administer and enforce this preservation restriction;
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby irrevocably grant and convey to the Grantee in gross in perpetuity this Restriction
over the Property and exterior of the Building to be administered, managed and enforced by the Board.
1. Purpose: It is the Purpose of this Restriction to assure that, the architectural, historic, and cultural
features of the exterior of the Building will be retained and maintained forever substantially in its current
condition or in a restored condition approved by the Board for preservation purposes and to prevent any
use or change of the Property or the exterior of the Building that will significantly impair or interfere with
the Building’s preservation values or alter views of the exterior of the Building.
2. Preservation Restriction: The Grantor grants the Grantee the right to forbid or limit:
a. any alteration to the appearance, materials, workmanship, condition, or structural stability of
the exterior of the Building unless (i) clearly of a minor nature and not affecting the
characteristics which contribute to the architectural or historical integrity of the Building and the
3

Property, or (ii) the Grantee has previously determined that it will not impair such characteristics
after reviewing plans, and specifications submitted by Grantor in accordance with the
requirements of paragraph 7, which determination shall not be unreasonably withheld, or (iii)
required by casualty or other emergency promptly reported to Grantee in accordance with the
requirements of paragraph 9. For the purposes of this Agreement, interpretation of what
constitutes alterations of a minor nature and ordinary maintenance and repair is governed by the
Restriction Guidelines, which are attached hereto as Exhibit D and hereby incorporated by
reference.
b. any other act or use that may be harmful to the historic preservation of the exterior of the
Building or the Property.
3. Restriction as to Expenditure of Funds: Subject to Paragraph 2 and the terms and conditions of this
Restriction and such other terms and conditions as the Board may reasonably impose to accomplish the
purposes of this Restriction, the Grantor shall expend such Community Preservation Funds to rehabilitate
and restore the Building.
4.1 Grantor’s Covenants: Covenant to Maintain. Subject to Paragraph 2 and the terms and conditions of
this Restriction and such other terms and conditions as the Board may reasonably impose to accomplish
the purposes of this Restriction, the Grantor covenants and agrees at all times to maintain the Building in
the same structural condition and state of repair to that existing following the substantial completion of
restoration work to be completed as a result of the expenditure of Community Preservation Funds.
Grantor’s obligation to maintain shall require replacement, repair, and reconstruction by Grantor
whenever necessary to preserve the exterior of the Building. Subject to the casualty provisions of
paragraphs 9 and 10, this obligation to maintain shall require replacement, rebuilding, repair, and
reconstruction of the Building whenever necessary in accordance with the policies and procedures of the
Board and in accordance with The Secretary of Interior’s Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings (36 CFR 67 and 68), as these may be amended from time to time (hereinafter the “Secretary’s
Standards”).
4.2 Grantor’s Covenants: Prohibited Activities. The following acts or uses are expressly forbidden except
as otherwise conditioned in this paragraph:
a. the Building shall not be demolished, removed, or razed except as provided in Paragraphs 9
and 10;
b. the dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited
on the Property near the Building;
c. no above-ground utility transmission lines, except those reasonably necessary for the existing
Building, may be created on the Property, subject to utility easements already recorded;
d. no additions and/or outbuildings may be attached to the Building without prior approval of the
Grantor; and
e. moving the Building to another location shall be forbidden without prior approval of the Board.
5. Conditional Rights Requiring Grantee Approval: Subject to Paragraph 4 and the terms and conditions
of this Restriction and such other terms and conditions as the Board may reasonably impose to
accomplish the purposes of this Restriction, the Grantor shall not alter the exterior of the Building without
4

prior express written approval of the Board. Without said approval Grantor shall not make any changes to
the exterior of the Building, including the alteration, partial removal, construction, remodeling, or other
physical or structural change, including permanent signs, and any change in material or color or any
change to the footprint, size, mass, ridge-line, and rooflines of the Building. Grantor shall similarly not
make any alterations to the surrounding Property that would obscure the current view of the Building,
such as installation of permanent signage or trees or very large shrubs without approval of the Board.
Activities by Grantor to maintain the Building and the Property which are intended to be performed in
accordance with the provisions of paragraph 4.1, and which are of a minor nature, shall not require the
prior approval of the Board. For the purposes of this section, interpretation of what constitutes ordinary
maintenance of a minor nature is governed by the Restriction Guidelines (Exhibit D).
6. Grantor’s Reserved Rights Not Requiring Further Approval by the Grantee: Subject to the provisions
of paragraphs 2 and 4.2, the following rights, uses, and activities of or by Grantor on, over, or under the
Property are permitted by this Restriction and by the Board without further approval by the Board:
a. the right to engage in all those acts and uses that:
(i) are permitted by governmental statute or regulation;
(ii) do not substantially impair the preservation values of the Building and Property; and
(iii) are not inconsistent with the Purpose of this Restriction;
b. pursuant to the provisions of Paragraph 4.1, the right to maintain and repair the Building
strictly according to the Secretary’s Standards. As used in this sub-paragraph, the right to
maintain and repair shall mean the use by the Grantor of in-kind materials and colors, applied
with workmanship comparable to that which was used in the construction or application of those
materials being repaired or maintained, for the purpose of retaining in good condition the
appearance and construction of the exterior of the Building. The right to maintain and repair as
used in this sub-paragraph shall not include the right to make changes in appearance, materials,
workmanship from that existing prior to the maintenance and repair without the prior approval of
the Board in accordance with the provisions of Paragraph 5;
7. Review of Grantor’s Requests for Approval: Grantor shall submit to the Board for the Board’s approval
of those conditional rights set out at Paragraphs 2 and 5 two copies of information (including plans,
specifications, and designs where appropriate) identifying the proposed activity with reasonable
specificity. In connection therewith, Grantor shall also submit to the Board a timetable for the proposed
activity sufficient to permit the Board to monitor such activity. Within sixty (60) days of the Board’s
receipt of any plan or written request for approval hereunder, the Board shall certify in writing that (a) it
approves the plan or request, or (b) it disapproves the plan or request as submitted, in which case the
Board shall provide Grantor with written suggestions for modification or a written explanation for the
Board’s disapproval. Any failure by the Board to act within sixty (60) says of receipt of Grantor’s
submission or resubmission of plans or requests shall be deemed to constitute approval by the Board of
the plan or request as submitted and to permit Grantor to undertake the proposed activity in accordance
with the plan or request as submitted and to permit Grantor to undertake the proposed activity in
accordance with the plan or request submitted, so long as the request sets forth the provisions of this
section relating to deemed approval after the passage of time, provided that nothing herein shall be
construed to permit Grantor from undertaking of the activities prohibited hereunder.

5

8. Standards for Review: In exercising any authority created by this Restriction to inspect the Building; to
review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct
or approve reconstruction of the Building following casualty damage, the Board shall apply the
Secretary’s Standards.
9. Casualty Damage or Destruction: In the event that Building or Property shall be damaged or destroyed
by fire, flood, windstorm, hurricane, earth movement, or other casualty. Grantor shall notify the Board in
writing within fourteen (14) days of the damage or destruction, such notification including what, if any,
emergency work has already been completed. No repairs or reconstruction of any type, other than
temporary emergency work to prevent further damage to the Building and Property and to protect public
safety, shall be undertaken by Grantor without Board’s prior written approval of the work. Within sixty
(60) days of the date of damage or destruction, if required by the Board, Grantor at its expense shall
submit to the Board a written report prepared by a qualified restoration architect and an engineer who are
acceptable to the Grantor and the Board, which report shall include the following:
a. an assessment of the nature and extent of the damage;
b. a determination of the feasibility of the restoration of the Building and/or reconstruction of
damaged or destroyed portions of the Building; and
c. a report of such restoration/reconstruction work necessary to return the Building to the
condition existing at the date hereof or the condition subsequently approved by the Board.
10. Review After Casualty Damage or Destruction: If, after reviewing the report provided in paragraph 9
and assessing the availability of insurance proceeds after satisfaction of any mortgagee’s/lender’s claims
under paragraph 11, Grantor and the Board agree that the Purpose of the Restriction will be served by
such restoration/reconstruction of the Building in accordance with plans and specifications consented to
by the parties up to at least the total of the casualty insurance proceeds available to Grantor.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee’s/lender’s claims under paragraph 11, Grantor and the Board agree that
restoration/reconstruction of the Building is impractical or impossible, or agree that the Purpose of the
Restriction would not be served by such restoration/reconstruction and Grantor may, with prior written
consent of the Board, alter, demolish, remove, or raze the Building, and/or construct new improvements
on the Property, Grantor and Grantee may agree to seek to extinguish this Restriction in accordance with
laws of the Commonwealth of Massachusetts and paragraph 23 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any
mortgagee’s/lender’s claims under paragraph 11, Grantor and the Board are unable to agree that the
Purpose of the Restriction will or will not be served by such restoration/reconstruction, the matter may be
referred by either party to binding arbitration and settled in accordance with the Commonwealth of
Massachusetts arbitration statute then in effect, and all other applicable laws, rules, regulations, and
ordinances. Arbiter shall have experience in historic preservation matters.
11. Insurance: Grantor shall keep the Building insured by an insurance company rated “A” or better by
Best’s or equivalent rating agency for the full replacement value against loss from the perils commonly
insured under standard fire and extended coverage policies and comprehensive general liability insurance
against claims for personal injury, death, and property damage. Property damage insurance shall include
change in condition and building ordinance coverage, in form and amount sufficient to replace fully the
damaged Building without cost or expense to Grantor or contribution or coinsurance from Grantor.
6

Grantor shall deliver to the Board, within ten (10) business days of the Board’s written request thereof,
certificates of such insurance coverage. Provided, however, that whenever the Property is encumbered
with a mortgage or deed of trust nothing contained in this paragraph shall jeopardize the prior claim, if
any, of the mortgagee/lender to the insurance proceeds.
12. Indemnification: Grantor hereby agrees to pay, protect, indemnify, hold harmless, and defend, at its
own cost and expense, Grantee, its boards, commissions, appointees, agents, directors, employees, or
independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses,
and expenditures (including attorney’s fees and disbursements hereafter incurred) arising out of or in
connection with injury to or death of any person as a result of the existence of this Restriction; physical
damage to the Building; the presence or release in, on, or about the Property, at any time, of any
substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance, or
regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or other damage
occurring or about the Building; unless such injury, death, or damage is cause by Grantee or its boards,
Boards, appointees, agents, directors, employees, or independent contractors. In the event that Grantor is
required to indemnify Grantee pursuant to the terms of this paragraph, the amount of such indemnity,
until discharged, shall continue a lien on the Property with the same effect and priority as a mechanic’s
lien.
13. Written Notice: Any notice which either Grantor or Grantee may desire or be required to give to the
other party shall be in writing;
Grantor:

New Gorham LLC
67 South Bedford Street, Suite 400W
Burlington, MA, 01803

Grantee:

Lowell Historic Board
c/o City of Lowell
Lowell City Hall
375 Merrimack Street, Room 51
Lowell, MA, 01852

14. Evidence of Compliance. Upon request by Grantor, Grantee shall promptly furnish Grantor with
certification that, to the best of Grantee’s knowledge, Grantor is in compliance with the obligations of
Grantor contained herein, or that otherwise evidence the status of this Restriction to the extent of
Grantee’s knowledge thereof.
15. Inspection: With the consent of Grantor, Grantee or its representatives shall be permitted at reasonable
times to inspect the Building and the Property on an annual basis. Grantor covenants not to withhold
unreasonable its consent in determining dates and times for such inspections.
16. Grantee’s Remedies: The Grantor, for itself, its assigns and successors, expressly acknowledges that a
violation of this Preservation Restriction Agreement, including a failure to expend such Funds for their
intended purposes, may result in the Board exercising its right to enforce the terms and conditions of the
Restriction by seeking appropriate legal and equitable relief, including, but not limited to, restoration of
the Building, repayment of the Funds, and such other legal and equitable remedies as may be available to
the Board to effectuate the purposes of this Restriction and to enforce the Grantor’s obligations hereunder.
In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for
any costs or expenses incurred in connection with Grantee’s enforcement of the terms of this Restriction,
7

including all court costs, and attorneys’, architectural, engineering, and expert-witness fees. Grantor shall,
at its own expense and with approval of Board, reverse any actions or activities which violated this
restriction and altered the Building.
Nothing in this Restriction shall impose upon the Board any duty to maintain or require that the Building
be maintained in any particular state or condition, notwithstanding the Board’s acceptance hereof.
Enforcement of the terms of this Preservation Restriction shall be at the discretion of the Board. Any
election by the Board as to the manner and timing of the exercising of its right to enforce this Preservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of
such rights. By its acceptance of this Preservation Restriction, the Board does not assume any liability or
obligation relating to the condition of the Building or the Property, including compliance with hazardous
materials or other environmental laws and regulations.
17. Notice from Government Authorities: Grantor shall deliver to Grantee copies of any notice of
violation or lien relating to the Building or Property received by Grantor from any government authority
within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish
Grantee with evidence of Grantor’s compliance with such notice or lien where compliance is required by
law.
18. Notice of Proposed Sale: Grantor shall promptly notify Grantee in writing of any proposed sale of the
Property, and provide the opportunity for Grantee to explain the terms of the Restriction to potential new
owners prior to sale closing.
19. Runs with the Land: Except as provided in Paragraphs 9 and 10, the restrictions, obligations, and
duties set forth in this Restriction shall run with the Property and shall inure to the benefit of the Grantee
and all parties claiming by, through, and under the Grantee and shall bind the Grantor and all parties
claiming by, through, and under the Grantor. The rights hereby granted to the Grantee constitute the
perpetual right of the Grantee to enforce this Preservation Restriction Agreement. The Grantor hereby
covenants for itself to stand seized and hold title to the Property subject to the terms of this Restriction.
This Restriction shall extend to and be binding upon Grantor and Grantee, their respective successors in
interest and all persons hereafter claiming under or through Grantor and Grantee, and the words
“Grantor”, “Grantee” when used herein shall include all such persons. Any right, title, or interest herein
granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such
following successor and assign thereof, and the word “Grantee” shall include all such successors and
assigns.
Anything contained herein to the contrary notwithstanding, Grantor of the Property shall have no
obligation pursuant to this instrument where such Grantor shall cease to have any real property interest in
the Property by reason of a bona fide transfer. The restrictions, stipulations and covenants contained in
this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or
other legal instrument by which Grantor divests itself or either fee simple title to or any lesser estate in the
Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of
the Property.
20. Assignment: Grantee may convey, assign, or transfer this Restriction to a unit of federal, state, or local
government or to a similar local, state, or national charitable corporation or trust that qualifies under the
Act, and whose purposes, inter alia, include the preservation of buildings or sites of historical
significance, provided that any such conveyance, assignment or transfer requires that the Purpose for
which the Restriction was granted will continue to be carried out. Grantor shall give prior written
8

approval of such conveyance, assignment, or transfer by Grantee, such approval not to be unreasonably
withheld.
21. Alternate Designee: Grantee may, at its discretion, remove and replace the Board at its designee to
administer, manage, and enforce this Restriction, provided that any new designee is qualified as such
under the Act and other applicable law.
22. Recording and Effective Date: Grantee shall do and perform at its own cost all acts necessary to the
prompt recording of this Restriction which shall become effective upon its being duly executed by the
Grantor, the City of Lowell, and the Lowell Historic Board, its being approved by the Massachusetts
Historical Commission, and its being recorded with the Northern Middlesex Registry of Deeds.
23. Extinguishment: Grantor and Grantee hereby recognize that an unexpected change in the conditions
surrounding the Property may make impossible the continued Grantorship or use of the Property for the
Purpose of this Restriction and necessitate extinguishment of the Restriction. Such a change in conditions
may include, but is not limited to, partial or total destruction of the Building resulting from casualty. Such
an extinguishment must meet all the requirements of the Act for extinguishment, including approvals
following public hearings by the City of Lowell and the Massachusetts Historical Commission to
determine that such extinguishment is in the public interest. In the event of a sale of the Property, net
proceeds of sale shall be paid to Grantor.
24. Condemnation: If all or any part of the Property is taken under the power of eminent domain by
public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of
a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover
the full value of those interests in the Property that are subject to the taking and all incidental and direct
damages resulting from the taking. All expenses reasonably incurred by Grantor and Grantee in
connection with such taking shall be paid out of the recovered proceeds. Such recovered proceeds shall be
paid to Grantor.
25. Interpretation: The following provisions shall govern the effectiveness, interpretation, and duration of
the Restriction:
a. Any rule of strict construction designed to limit the breadth of restrictions on alienation or use
of the Property shall not apply in the construction or interpretation of this Restriction and this
instrument shall be interpreted broadly to affect its Purpose and the transfer of rights and the
restrictions on use contained herein.
b. This instrument may be executed in two counterparts, one of which is to be retained by Grantor
and the other, after recording, to be retained by Grantee. In the event of any disparity between the
counterparts produced, the recorded counterpart shall in all cases govern. Except as provided in
the preceding sentence, each counterpart shall constitute the entire Restriction of the parties.
c. This instrument is made pursuant to the Act, but the invalidity of such Act or any part thereof
shall not affect the validity and enforceability of this Restriction according to its term, it being the
intent of the parties to agree and to bind themselves, their successors and their assigns in
perpetuity to each term of this instrument whether this instrument be enforceable by reason of any
statute, common law, or private Restriction either in existence now or at any time subsequent
hereto.

9

d. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any
ordinance or regulation relating to building materials, construction methods or use. In the event of
any conflict between any such ordinance or regulation and the terms hereof Grantor promptly
shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable
governmental entity to accommodate the purposes of both this Restriction and such ordinance or
regulation.
If any court or other tribunal determines that any provisions of this instrument is invalid or unenforceable,
such provision shall be deemed to have been incorporated herein automatically to conform to the
requirements for validity and enforceability as determined by such court or tribunal. In the event any
provision invalidated is of such a nature that it cannot be modified, the provision shall be deemed deleted
from this Preservation Restriction as though it had never been included herein. In either case, the
remaining provisions of this instrument shall remain in full force and effect.
26. Amendment: If circumstances arise under which an amendment to or modification of this Restriction
would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this
Restriction, provided that no amendment shall be made that will adversely affect the qualification of this
Restriction or the status of Grantee under any applicable law. Any such amendment shall be consistent
with the protection of the preservation values of the Property and the Purpose of this Restriction; shall not
affect its perpetual duration; shall not permit any private inurement to any person or entity; and shall not
adversely impact the overall architectural and historic values protected by this Restriction. Any such
amendment shall be effective when the requirements of the Act with respect to amendments have been
met and the amendment is recorded in the Middlesex North Registry of Deeds. Nothing in this paragraph
shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any
amendment.
27. Release: This Preservation Restriction is intended to be a restriction in gross in perpetuity and may
only be released, in whole or in part, by the Grantee pursuant to the procedures for release established by
the Act and otherwise by law, including approvals following public hearings by the City of Lowell and
the Massachusetts Historical Commission to determine that such a release is in the public interest.
28. Archaeological Activities: The conduct of archaeological activities on the Property, including without
limitation survey, excavation, and artifact retrieval, may occur only following the submission of an
archaeological field investigation plan prepared by the Grantor and approved in writing by the Grantee
and the State Archaeologist of the Massachusetts Historical Commission (M.G.L. C. 9, Sec. 27C, 950
C.M.R. 70.00).
IN WITNESS WHEREOF, the Grantor sets its hand and seal this _____ day of __________________,
2025.
By:
GRANTOR:
New Gorham, LLC

______________________________________
Diogo L. Monteiro
Manager

10

COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Diogo L. Monteiro, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purpose as Manager, New Gorham, LLC.

_______________________________
Notary Public
My Commission Expires:

11

APPROVAL AND ACCEPTANCE BY CITY OF LOWELL

I, the undersigned City Clerk of the City of Lowell, Massachusetts, hereby certify that at a meeting duly
held on _____________________, 2025, the Lowell City Council, by majority vote, voted to approve and
accept the foregoing preservation restrictions, being in the public interest pursuant to M.G.L. Chapter
184, Section 32.
CITY OF LOWELL
By its Clerk
_______________________________
Michael Geary
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Michael Geary, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as Clerk, City of Lowell.

_______________________________
Notary Public
My Commission Expires:
The undersigned hereby certifies that the foregoing preservation restrictions have been approved and
accepted by the City of Lowell.

_______________________________
Thomas Golden, City Manager
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Thomas Golden, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as City Manager of the City of Lowell.

_______________________________
Notary Public
My Commission Expires:
12

ACCEPTANCE BY THE LOWELL HISTORIC BOARD

At a meeting duly held on _____________________, 2025, the Lowell Historic Board, by majority vote,
voted to accept these preservation restrictions.

____________________________________
Stephen Stowell, duly authorized
Administrator, Lowell Historic Board

COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Stephen Stowell, proved to me through satisfactory evidence of identification, which was (a
current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes as Administrator, Lowell Historic Board.

_______________________________
Notary Public
My Commission Expires:

13

APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
COMMONWEALTH OF MASSACHUSETTS
The undersigned Executive Director and Clerk of the Massachusetts Historical Commission hereby
certifies that the foregoing preservation restriction has been approved pursuant to Massachusetts General
Law, chapter 184, section 32.
MASSACHUSETTS HISTORICAL COMMISSION

______________________________________
Brona Simon
Executive Director and Clerk

COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this ____ day of ____________________, 2025, before me, the undersigned notary public, personally
appeared Brona Simon, proved to me through satisfactory evidence of identification, which was (a current
driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal), to be
the person whose name is signed on the preceding or attached document, and acknowledged to me that
s/he signed it voluntarily for its stated purposes as Executive Director and Clerk, Massachusetts Historical
Commission.

_______________________________
Notary Public
My Commission Expires:

14

EXHIBIT A

LEGAL PROPERTY DESCRIPTION
The land in Lowell, with the buildings thereon situated on the Easterly side of Gorham Street, containing
five thousand and eighty-one square feet, more or less, bounded and described as follows:
Beginning at the Northwesterly corner thereof on said Gorham Street at the center of a passageway eight
(8) feet wide; thence Easterly on the middle of said passageway, eighty-eight and 67/100 (88.67) feet to a
stone bound at land supposed to be now or formerly of Samuel Converse: thence Southerly on last named
land about fifty-five (55) feet to a Stone bound; thence Westerly on a line perpendicular to said Gorham
Street, ninety-nine and 74/100 (99.74) feet to said street; thence Northerly on said street, fifty-four (54)
feet to the point of beginning.
Source: Middlesex County Registry of Deeds at Book 36018 Page 15.

15

EXHIBIT B

LOWELL ASSESSORS’ PARCEL MAP 2675-80

16

EXHIBIT C

Photo 1, West Elevation, April 2024

17

Photo 2, West Elevation, September 2023

18

Photo 3, Southeast Elevation, September 2023

19

Photo 4, North Elevation, September 2023

20

Photo 5, North Elevation, April 2024

21

Photo 6, South Elevation, April 2024

22

EXHIBIT D

RESTRICTION GUIDELINES
The purpose of the Restriction Guidelines is to clarify paragraphs 2 and 5 of the terms of the preservation
restriction, which deals with alterations to the Property. Under this section permission from the LOWELL
HISTORIC BOARD (BOARD) is required for any major alteration. Alterations of a minor nature, which
are part of ordinary maintenance and repair, do not require BOARD review.
In an effort to explain what constitutes a minor alteration and what constitutes a major change, which
must be reviewed by the BOARD, the following list has been developed. By no means is this list
comprehensive: it is only a sampling of some of the more common alterations, which may be
contemplated by the property owner.
PAINT
Minor – Exterior hand scraping and repainting of non-decorative and non-significant surfaces as
part of periodic maintenance.
Major – Painting or fully stripping decorative surfaces or distinctive stylistic features including
murals, stenciling, ornamental woodwork, stone, masonry, decorative or significant original
stucco or plaster.
WINDOWS AND DOORS
Minor – Regular maintenance including caulking, painting and necessary reglazing. Repair or inkind replacement of existing individual decayed window parts.
Major – Wholesale replacement of units; change in fenestration or materials; alteration of profile
or setback of windows. The addition of storm windows is also considered a major change;
however, with notification it is commonly acceptable.
EXTERIOR
Minor – Spot repair of existing cladding and roofing including in-kind replacement of clapboards,
shingles, slates, etc.
Major – Large-scale repair or replacement of cladding or roofing. Change involving inappropriate
removal or addition of materials or building elements (i.e. removal of chimneys or cornice
detailing; installation of architectural detail which does not have a historical basis); altering or
demolishing building additions; spot repointing of masonry. Structural stabilization of the
property is also considered a major alteration.
LANDSCAPING/OUTBUILDINGS
Minor – Routine maintenance of outbuildings and landscape including lawn mowing, pruning,
planting, painting, and repair.
Major – Moving or subdividing buildings or property; altering of property; altering or removing
significant landscape features such as gardens, vistas, walks, plantings, walls, fences; ground
disturbance affecting archaeological resources.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
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Minor – Repair of existing systems.
Major – Installing or upgrading systems which will result in major exterior appearance changes
(i.e. exterior ducts, piping, ventilators, HVAC units); the removal of substantial quantities of
original materials in the course of construction.
Changes classified as major alterations are not necessarily unacceptable. Under the preservation
restriction such changes must be reviewed by the BOARD and their impact on the historic integrity of the
property assessed.
It is the responsibility of the property owner to notify the BOARD in writing when any major alterations
are contemplated. Substantial alterations may necessitate review of plans and specifications.
The intent of the preservation restriction is to enable the BOARD to review proposed alterations and
assess their impact on the integrity of the building, not to preclude future change, BOARD will attempt to
work with property owner to develop mutually satisfactory solutions, which are in the best interests of the
Property.

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The City of Lowell • Dept. of Planning and Development • Division of Development Services
Lowell City Hall • 375 Merrimack Street • Lowell, MA 01852
P: 978.674.4144 • F: 978.446.7103
www.LowellMA.gov
Thomas A. Golden, Jr.
City Manager

February 3, 2026
Mayor Erik Gitschier
and
Members of the Lowell City Council
RE: 80 Gorham Street – Preservation Restriction
Dear Mayor Gitschier and Members of the Lowell City Council,
During the 2021 Community Preservation Act (CPA) funding cycle, the Community
Preservation Committee (CPC) and City Council awarded $178,100 to New Gorham LLC for the
restoration of the historic ‘Lowell Hotel’ at 80 Gorham Street. The property is located in the
Downtown Lowell Historic District. The approval was conditional on the property owner
granting the City of Lowell a Preservation Restriction on the property to be held by the Lowell
Historic Board.
The Preservation Restriction has been approval by the Massachusetts Historical Commission as
required under M.G.L. c. 184, §§ 31, 32 and 33. The Lowell Historic is authorized to hold
preservation restrictions consistent with Section 7(8) of the Historic Board’s statute permitting
the Board to “acquire, accept, and maintain real property or interests in real property for historic
preservation purposes”.
The Historic Board voted unanimously to accept the preservation restriction at their July 14,
2025 meeting.
If you have any questions, please don’t hesitate to contact Assistant City Manager/DPD Director
Yovani Baez-Rose at 978-674-4252.
Sincerely,

Thomas A. Golden Jr.
City Manager
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