Conservation Commission
Regular MeetingLowell, MA · July 8, 2020
Minutes
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
Diane N. Tradd
Assistant City Manager/Director
R. Eric Slagle
Director of Development Services
CONSERVATION COMMISSION
LOWELL, MASSACHUSETTS
July 8, 2020
Note: These minutes are not completed verbatim. For further detail, video recordings are available at the
Pollard Library, second floor reference desk or online at www.LTC.org.
Due to the COVID-19 pandemic, this meeting was held virtually using Zoom.
Members Present: Chairwoman Varnum, Commissioner Lovely, Commissioner Dillon, Commissioner Buitenhuys,
Commissioner Downs, and Commissioner Standish
Members Absent: None
Others Present: Jared Alves, Senior Planner
CALL TO ORDER
7:00 PM
Enforcement Order
Leonel Galvez
5 Billings Street
Lowell, MA 01852
Violation Location: 5 Billings Street 01850
Dumping and storing mulch within bordering vegetated wetlands and the 100-ft buffer zone to the bordering
vegetated wetlands.
On Behalf:
Leonel Galvez, 5 Billings Street
Speaking in Favor:
None
Speaking in Opposition:
None
Discussion:
Chairwoman Varnum said that Mr. Galvez has been working on removing mulch. He removed most of it before
the last meeting. There was still some left so we asked him to remove the remainder. She visited the property and
saw that the mulch area was pretty well cleaned up. However, she was a little concerned to see that there is an
aboveground pool being constructed in the back yard. She can’t say how far away from the edge of the wetland.
This is another activity that should have come before them before it happened. They should have been asked to
approve or weigh in on this. They have a Request for Determination of Applicability (RDA), which probably would
do the trick for this particular installation. It’s not a large pool. It’s a little bit above the level of the wetlands. She
doesn’t think the water would ever come up this far. She is concerned about any work that would occur on his lot.
She reiterated that they would want to know about things like this.
Mr. Galvez said the whole thing is done.
Chairwoman Varnum she asked about the pool.
Mr. Galvez he asked if he needs to remove the pool too.
Chairwoman Varnum said they Commission is concerned about the pool too because it’s within 50-ft. of the
wetland. The Commission is concerned about anything happening in his yard because it’s so close to the wetland.
She said that right now they are good with the mulch. He is not good with the pool. She suggests that he file a
Request for Determination of Applicability. That is an official request. Once they go through that process, any
future commissioners will know that he applied to do what he is doing out there. Right now, it is part of the
Enforcement Order. Anything done in his yard is near enough to the wetland that he needs to ask permission.
Mr. Galvez asked how he could apply for the pool area. He said he called City hall but no one sent anything to
him.
Chairwoman Varnum said the good thing about it is that it’s an above ground pool. It’s not depressed into the
ground at all. That’s the good thing about it. She thinks an RDA might keep the record straight. He would submit a
plot plan of the lot showing where the pool would be located.
Commissioner Dillon said he agrees. He would like to see a plan showing where the pool is located.
Commissioner Lovely asked about the type of pool, e.g., inflatable, aluminum with braces.
Chairwoman Varnum said it looked to be a metal hoop with a liner that is not particularly attached to anything.
Commissioner Lovely said it’s more permanent than an inflatable pool that is removed at the end of the season.
Chairwoman Varnum says she thinks it could be emptied at the end of the season.
Commissioner Lovely said he would agree with Commissioner Dillon, to ensure he’s not in the no disturb zone.
Chairwoman Varnum said Mr. Galvez must have a plot plan showing where the wetland is or where the house is.
Once he gets a copy of that, he needs to measure and show on the plot plan where the pool is located… how far
from the house, how far from the side lot line, and how far from the wetland. He needs to speak with the office to
file for a determination of applicability. There is a form for that. They can put him on the agenda again. She would
prefer to do that rather than call it a second violation. Until they get the RDA, they will keep this enforcement
order open for the moment. She asked if he has any questions.
Mr. Galvez asked if he needs to remove the pool.
Chairwoman Varnum said they haven’t asked him to take it down. They want to know where it is and what it
looks like. The way he should have done it to begin with was filing the form. The Conservation Office can help him
with the form. Once he sends in the form, they can get him on the agenda again. For the moment, they will keep
the Enforcement Order open. They don’t want to have him come to several meetings. They like to handle it in one
7/8/2020 Conservation Commission – Minutes | 2
meeting and quickly. The next meeting is August 8, so they would like to know by August 8 everything about the
pool: where is it, what’s it made out of, and where it is on the property. That way it will be in the file. The next
person who buys the house will then know the history too.
Commissioner Buitenhuys said that anything within 100-ft. of the wetland is of concern to the Commission. It is
absolutely not okay to work within 25-ft. of the wetland. From 25-ft. to 100-ft. is when they want to talk about it.
Commissioner Lovely said that’s why he will need to measure from the wetland to the pool. Preferably they like
to stay outside of 100-ft. He can propose doing something within 100-ft and more than 25-ft. The suggestion is to
work with DPD. They can help him fill out the form. They can put it on the agenda and approve it at the August 8
meeting.
Mr. Galvez said he wants to remove everything.
Commissioner Buitenhuys said if he decides to take down the pool, then they do not need to speak with him
further.
Commissioner Lovely said it’s not a high level of effort. It doesn’t require a lot of time or effort. He just needs to
draw a circle on the plan. That along with the application, they can look at and make a determination.
[Staff note: Chris Ortiz, a representative for 908 & 966 Lawrence Street, translated into Spanish the decision of the
Commission and the next steps for Mr. Galvez following an inconclusive back-and-forth conversation in English]
Motion:
K. Dillon motioned and B. Buitenhuys seconded the motion to:
1. Ask Mr. Galvez to file a Request for Determination of Applicability for the pool that he began constructing
without permission within the 100-ft. Buffer Zone to Bordering Vegetated Wetlands
2. Remind Mr. Galvez that he must seek permission from the Conservation Commission before he plans to
add fill or build anything on his land.
The motion passed unanimously, (6-0).
Notice of Intent
Kyle Burchard c/o Columbia Care, Inc.
39 Main Street, Suite 301
Ayer, MA 01432
DEP# 206-0799
Project Location: 170 Lincoln Street 01852
A Notice of Intent has been filed by GPR, Inc. on behalf of Columbia Care, Inc. to expand an existing marijuana
cultivation facility at 170 Lincoln St., 156 Lincoln St., 17.1 Tanner St., & 159 Tanner St. The project site is within the
100-ft. riverfront area of River Meadow Brook.
On Behalf:
Kyle Burchard, Goldsmith, Prest & Ringwall, Inc.
Speaking in Favor:
None
Speaking in Opposition:
None
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Discussion:
Chairwoman Varnum reviewed the project. The Commission didn’t believe the stormceptors would be necessary,
but the City’s Stormwater Review team proposed a condition to include them. The proposed condition is to install
stormceptors to capture the first 1” of a 2-year, 24-hour storm.
Mr. Burchard said that previously they were going to install a drywall to allow for recharge. He had been
concerned about doing so given the site constraints. The Commission and the stormwater team ultimately agreed.
Instead, they requested stormceptor units, which his client has agreed to. The stormceptor will provide for more
collection and retention of total suspended solids (TSS). The deep sump hooded catch basin is typically thought to
be about 25% efficient at removing TSS from runoff. The stormceptor is supposed to be around 80%. It has a
slightly deeper sump. It has a different kind of insert. It improves the reduction of pollution that would go out to
the stream. He thinks it’s a good compromise. It’s in place of structures that they had plan on installing, replaces
the deep sump hood basins. As it emerged from Planning Board review and transportation review, they will be
changing the entrance on Lincoln Street. It is currently all paved, but the curbing is very wide. They are requesting
to take it to the city maximum of 32-ft. entrance width. It’s a reconfiguration that happens to be within the 100-ft.
buffer zone to the bank. It doesn’t drain directly to the river. It runs through a catch basin in the road. That adds
about another 975 sq. ft. of exiting pavement that will be taken up, reworked, and put in proper curbing and
sidewalk along the Lincoln Street frontage. He has updated drawings that he can provide.
Chairwoman Varnum said they would want to see the changes on a plan as well as the stormceptors. She asked
when they hope to start the work.
Mr. Burchard said they would like to start work as soon as possible.
Chairwoman Varnum said they could write the conditions to get the updated plans.
Mr. Burchard said that would be very helpful.
Chairwoman Varnum said it sounds like they have been looked at pretty thoroughly by DPD.
Mr. Burchard said DPD has not seen the one change at the entrance, but it is the requested change. It just
happens to be within the buffer.
Commissioner Lovely said he would like to close adequately capture the conditions and move on with the project.
Chairwoman Varnum asked if they would issue the order or wait a month for the materials
Commissioner Dillon said he agrees with Commissioner Lovely that they could issue the order and condition it.
Chairwoman Varnum said they have the one condition from the stormwater team to install the stormceptors to
capture the first 1” of a 2-year, 24-hour storm. No work shall begin until the changes to the plans have been
submitted to the office for final review; the changes would include the stormceptors and the decrease of the curb
cut on Lincoln Street.
Commissioner Lovely said they want updated site plans; they will include the installation of the stormceptor
rainfall collection system and revisions to the entranceway on Lincoln Street.
Chairwoman Varnum said they did talk about a gate to get to the riverbank. She believes that could go one way
or the other, depending on how the applicant feels. She asked if the Lincoln Street change would deny any access
to the riverbank.
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Mr. Burchard said there would be no change of access around the corner of the fence. The limitation of the
erosion controls was discussed at the last hearing, to where the landscaped islands are proposed.
Chairwoman Varnum said they could include it on the changed plans.
Mr. Burchard said they are on the plans. He apologized for not sending the plans already. To address the
question, they did not add a gate. It seemed like the idea was discussed and set aside.
Chairwoman Varnum said it’s really about the applicant’s convenience to keep the area clean.
Motion:
W. Lovely motioned and K. Dillon seconded the motion to close the public hearing. The motion passed, (5-0-1). B.
Buitenhuys abstained.
W. Lovely motioned and W. Standish seconded the motion to issue a Lowell Standard Order of Conditions with
two special conditions:
1. Work shall not proceed under the Conservation Agent has received updated site plans, which shall include
a depiction of the stormceptor water collection system, changes to the entranceway along Lincoln Street,
and updated erosion controls; and
2. The applicant shall submit an operation and maintenance plan for the stormceptor water collection
system.
The motion passed, (5-0-1). B. Buitenhuys abstained
Enforcement Order
TRS Chous & Tao Realty Trust
26 Sheldon Street
Lowell, MA 01851
Violation Location: 535 Pawtucket Boulevard 01854
Removal of tree within the 100-year floodplain without a permit from the Lowell Conservation Commission.
On Behalf:
John Geary, Applicant’s Representative
Speaking in Favor:
None
Speaking in Opposition:
None
Discussion:
Chairwoman Varnum reviewed the case history. She said they have proposed replacement with five trees,
including oaks and red maples.
Mr. Geary said they were before the Commission on February 12. They have since submitted the restoration plan,
including the planting of five trees a mix of red maples and pin oaks. These are shade trees. All trees would be
planted toward the front of the lot. He had thought they could handle it administratively. His client does intend to
rehab the property. There will be no changes to the footprint. It would be just to the interior and exterior. The
timeline is uncertain at this point.
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Chairwoman Varnum said the locations are approximate because one seems to be in the front walkway.
Mr. Geary said that they are approximate.
Chairwoman Varnum said they are proposing good size trees, 2” diameter.
Mr. Geary said the oaks would grow very tall. The red maples will grow to 40-50 feet.
Chairwoman Varnum said that red maples are a wide tree, so they should be planted deliberately to allow them
to grow.
Mr. Geary said his client would consult with a landscaper.
Chairwoman Varnum said it looks like it would compensate for what was removed. She asked about the planting
timing, given how dry it is.
Mr. Geary said the idea is to plan to renovation. It seems to make sense to do so after the renovations are done.
The landscaping would be the final element. The lot is overgrown right now. The plan would be to clean it up in
conjunction with the renovation of the property.
Chairwoman Varnum said that it makes sense to get the work done first. They could perhaps plant the three in
the front without being in the way of the work. She said they would want to see a full Notice of Intent (NOI) for
the restoration of the house.
Mr. Geary asked about what would entail a NOI.
Chairwoman Varnum said if they tear down the house.
Mr. Geary said the plan would be to rehabilitate the existing house. If they ultimately decided to tear it down,
then they would come before the Board with an application. If they plan to expand the footprint.
Chairwoman Varnum asked about the timeframe.
Mr. Geary said that it would probably occur in the year.
Commissioner Dillon said planting would typically occur in the fall or spring. He assumes next fall or spring might
suffice.
Mr. Geary said that would make sense.
Commissioner Buitenhuys said they should pick a date in the next spring, with an opportunity for the applicant to
extend. He suggested May 31, 2021.
Commissioner Lovely said that makes sense to him. Since there is a ratified Enforcement Order, they will give
verbal approval and once the trees are planted, they will rescind the order.
Mr. Geary said they would notify DPD when they plant trees at some point in April. Once they are planted, then
staff can put it back on the agenda to have the order rescinded.
Commissioner Buitenhuys asked about the mechanics of doing a one-year life check of the trees.
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Chairwoman Varnum said they usually want them to live at least two years before they stop checking up on
them.
Commissioner Lovely said they could keep the order until it’s proved that they are successful in their planting.
Chairwoman Varnum asked if they would like to vote to approve the planting plan.
Chairwoman Varnum said they have approved the plan and asked that it be complete by May 31, 2021. They also
asked to be notified when the planting is complete.
Motion:
B. Buitenhuys motioned and P. Downs seconded the motion to approve the planting plan dated June 15, 2020 and
prepared by LandPlex, LLC. The motion passed unanimously, (6-0).
NEW BUSINESS
Request for Determination of Applicability
Robin Pattershall
27 Meghann Lane
Lowell, MA 01852
Project Location: 27 Meghann Lane 01852
A Request for Determination of Applicability has been filed by Robin Pattershall to construct an above ground
pool at 27 Meghann Lane. The pool would be within the 100-ft. Buffer Zone to the Merrimack River.
On Behalf:
Robin Pattershall, 27 Meghann Lane
Speaking in Favor:
None
Speaking in Opposition:
None
Discussion:
Ms. Pattershall said it’s a 16 x 24’ Gibraltar pool with decking and fencing around it. The pool stairs fold up and
lock so no kids could get in.
Chairwoman Varnum asked about trees that might need to come down.
Ms. Pattershall said she has already taken care of it because they were causing problems for her neighbors and
herself.
Chairwoman Varnum said the lot is fairly level, she asked if there will be any further disruption.
Ms. Pattershall said there is a little unevenness, so they will bring in a bobcat to level the lawn as needed.
Chairwoman Varnum said that she doesn’t see that this project would cause any particular concern to the
resource. The Merrimack River sits quite a bit lower than these lots. She asked if there’s a motion or questions.
Commissioner Lovely said it’s pretty straightforward.
7/8/2020 Conservation Commission – Minutes | 7
Chairwoman Varnum asked when the project would start.
Ms. Pattershall said as soon as she has the permit.
Motion:
W. Lovely motioned and B. Buitenhuys seconded the motion to issue a Negative III determination. The motion
passed unanimously, (6-0).
Notice of Intent
Kenneth Lania c/o
Riverbank Properties, LLC
908 Lawrence Street
Lowell, MA 01852
DEP# 206-0800
Project Location: 908 & 966 Lawrence Street 01852
A Notice of Intent has been filed by Cornerstone Land Consultants, Inc. on behalf of Riverbank Properties, LLC to
upgrade and expand the parking areas for the building at 908 & 966 Lawrence St. The work will include activity
within the 25-ft. Riverfront Area and 100-ft. Buffer Zone to the Concord River and Wamesit Canal.
On Behalf:
Kenneth Lania, Cornerstone Land Consultants, Inc.
Mr. Lania said this project has been before the Commission in October of 2019 to raise a story on the structure.
Once they realized how nice this building would look, they decided to move forward with correcting the parking
and loading areas of the site to better handle drainage and functionality. The parking lot to the north, which is the
smaller one, is more situated by the Wamesit Canal. This particular area is almost completely paved. They will do
a small reduction of pavement to install a catch basin to collect all of the stormwater runoff from the parking area
and direct into a stormwater quality tank and ultimately into recharge and detention basins. The water would
then flow into the Wamesit Canal. Currently the site grades down from 107 to 101. There is a significant grade
drop from the building to the edge of the parking area. Currently all of the stormwater just flows into the canal
without any removal of TSS or pollutants. They are hoping to make an existing paved area better and to add to the
aesthetics of the parcel. The owner is taking a blighted property and making a more functional site. To the south,
there is a paved area, currently as well. Looking to expand there area, mainly to allow for deliveries. The area
currently acted as an existing detention area for the small existing parking area. There was a depression of 2.5-3-
ft. deep that pretty much contained the flow of stormwater from that parking area. With the expansion of 2,725
sq. ft. of pavement and widening the entrance to allow full 30-ft, it will allow truck traffic to enter the loading
zone. There’s no plans to discontinue any of the previous plantings that were proposed. The Negative III
determination showed an area of plantings along the riverfront right where the expansion of the parking lot
begins. That’s where they are proposing to enter the overflow of the drainage on the southern side. That whole
area will continue to be landscaped as proposed per the Special Permit approval from the Zoning Board and as
expanded upon under the Determination of Applicability. He showed the extent of the 100-year flood plain, the
25-ft. riverfront area. None of the new parking area will be within the 25-ft. riverfront area. No additional draining
except for the outlet of the river system. There is a paved area that is behind. They plan to retain that area. It
allows for access to the front portion of the building. The drainage on the southern side is a little more advanced
because of the new pavement. It will again result in much cleaner stormwater reaching the Concord River. They
are intending to do an infiltration trench for the roof runoff. That trench is shown in the detail plans. They are
hoping to make a blighted property better for both drainage and aesthetics.
Speaking in Favor:
None
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Speaking in Opposition:
None
Discussion:
Chairwoman Varnum noted that they are cutting down trees to expand the parking lot.
Mr. Lania said the city removed some trees when they were working on the bridge. They will need to take down
six mature trees. The rest are saplings.
Chairwoman Varnum said her concern is keeping the slope vegetated going down to the river. She is looking
forward to having the landscaped plan acted upon.
Mr. Lania said the only area within the 25-ft. riverfront area that they will act upon is where they will have the
outlet, but they can swing it left or right to avoid the removal of a tree.
Commissioner Lovely said it looks like they are tripling the amount of pavement, but they are improving the
infiltration with enhanced structures.
Mr. Lania said that is correct. They felt as though they wanted to ensure an almost zero impact for the expansion
of the parking area. Hence, they show 18 cultec chambers, vs. only 6 to the north. They did so to ensure a zero
impact of the additional pavement on the river. Post development flows are less than pre development.
Chairwoman Varnum said they are very close to both water resources, but they have done a great job of staying
outside of the 25-ft. riverfront line.
Mr. Lania said they would be curbing that section to ensure the flow enters the catch basins. He assumes a
majority of the existing pavement makes it to the depression just beyond the pavement. Now they will be positive
any runoff in that area will enter the drainage system.
Chairwoman Varnum asked if the building is in use.
Mr. Lania said it’s currently under construction. They have another location in Lowell that they are moving from.
They are hoping to get in and make it active as quick as possible.
Chairwoman Varnum asked if all of it would occur at the same time.
Mr. Lania said that it would be phased. They would work on the right side with the new pavement first. The left
side is preexisting so it can still function. Once the southern side is completed, they can work on the northern
side.
Chairwoman Varnum asked if there are any sediment controls.
Mr. Lania said they have the proposed water quality inlet tank. Designed as a mixture of new development and
redevelopment. He made sure that they achieved the TSS requirement for new pavement and 44% for the
redevelopment.
Chairwoman Varnum asked about erosion control.
Mr. Lania said there are currently erosion controls erected on the property; it may have been a condition of the
previous Negative III determination.
7/8/2020 Conservation Commission – Minutes | 9
Chairwoman Varnum said it doesn’t show on the site plan.
Mr. Lania said he didn’t show it because it’s already there and didn’t want to confuse the riverfront line. He could
add the existing erosion control to the plan.
Chairwoman Varnum said that would be a good idea.
Commissioner Buitenhuys asked if stormwater calculations were provided.
Mr. Lania said that stormwater calculations were provided. They are under review of the stormwater review
team. He would be amendable to a condition of having the calcs reviewed and approved by the stormwater team.
Commissioner Buitenhuys said he hesitates to approve it without having sign-off from the stormwater team.
Chairwoman Varnum said when she voted against eliminating their July meeting; she was concerned about
wrapping up these small things.
Mr. Lania said he doesn’t believe they will have an issue with the stormwater on the site. He overdesigned the
stormwater on the southern side. He would not mind a condition. He knows that the contractor and owner are
eager to wrap up construction within the next three weeks.
Commissioner Lovely said he would be amendable to issue a Standard Order of Conditions (OOC) with that as a
special condition. That way if the calculations check out it could move forward without having to wait until the
August 8 meeting.
Commissioner Downs said he is okay with that approach.
Commissioner Standish said it’s a good idea.
Motion:
W. Lovely motioned and W. Standish seconded the motion to close the public hearing. The motion passed
unanimously, (6-0).
W. Lovely motioned and W. Standish seconded the motion to issue a Lowell Standard Order of Conditions with
one special condition:
1. The project shall not proceed until the City of Lowell Stormwater Review Team has verified that the
calculations are accurate and that there is no net decrease in recharge on the property from this project.
The motion passed, (5-0-1). B. Buitenhuys abstained.
OTHER BUSINESS
Possible Violation: 59 Joffre Street, 01851
A neighbor to 59 Joffre Street has alerted staff that the owner has constructed a pool and shed without
permission from the Conservation Commission within Bordering Land Subject to Flooding and the Riverfront Area
and 100-ft. Buffer Zone to Black Brook. Aerial photos show that the pool and shed have been present since at
least 2002. The Commission may consider issuing an enforcement order against the property owners.
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On Behalf:
Allan Michaud, 59 Joffre Street
Discussion:
Chairwoman Varnum said that Joffre Street is looking better than it did years ago. It has new pavement. She said
there is a property at the end of the street that is up to the edge of Black Brook. At that point, the Brook is more
like a pond. She spoke with the property owner. He explained that flooding isn’t occurring the way it was back 15-
years ago because of culvert clean outs at the intersection of Middlesex and Pawtucket. She said there is a lot of
things sitting within 10-ft. of the bank of Black Brook. The plot plan they received isn’t exactly accurate. She said
she didn’t see any recent construction. She spoked with the property owner for quite a while. The bank is stable.
There is a pool and shed definitely within their jurisdiction. This is similar to another property that they
investigated along a stretch of black brook where the homeowner had bought the house with the shed in the
wrong place. He offered to take it down or move it, but they said it’s stable so leave it there. It would cause more
trouble to move it. She thinks it’s a similar situation. These items have been in that location for quite a long time,
at least 10 years, maybe 20. All over, the city people have sheds in the wrong places. Can’t become that type of
enforcement agent… moving things that occurred in the past and have been there for a while without permission.
Where someone recently built something or harm is occurring to edge of the brook, she isn’t in favor of an
Enforcement Order.
Commissioner Downs said that case was also in his mind, the property with the shed. He thinks they can’t go
around punishing everyone who has built in the last 20 years. These structures aren’t in danger of affecting the
resource.
Commissioner Buitenhuys said he doesn’t disagree, but he can’t help but think about the fill placed out on
Varnum that the Commission ended up not permitting. They ended up not approving the house because of it’s
inability to meet compensation for the fill. it’s the only time that they have gone the other direction on a similar
age-related piece. He doesn’t feel any differently. It came to mind, so he wanted to mention it.
Commissioner Lovely said it’s a judgment call. It depends on how egregious the infraction is. He asked if it’s just
within riverbank or floodplain.
Chairwoman Varnum said the agenda says bordering land subject to flooding and riverfront.
Commissioner Lovely said that Commissioner Buitenhuys brought up a good point, but the Commission may not
have the bandwidth to audit every infraction out there. He would prefer to focus on looking ahead. Chairwoman
Varnum has talked with the homeowner. He should know what to do moving forward. He doesn’t want to
become the enforcement police. With the project they denied, it was very contentious. It was unique. The
circumstances were different.
Commissioner Buitenhuys said the impact to the neighborhood is something to consider, which they did on the
previous project.
Mr. Michaud said they have had them in place since 2000. At that time, he contacted the Conservation
Commissioner. He talked with Christine Thomas. He talked with the building inspector and he verified that the
structure for the pool wasn’t a permanent construction. They told him it did not need to go before the
Conservation Commission. This was back in 2000. The other building, the shed structure. The footprint has been in
place. The front porch and platform were his kids’ forts. The youngest one is now 21. He will do whatever the
Commission would like. It’s so far back. He knows what the regulations are right now.
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Chairwoman Varnum said this property is very well kept. If there is going to be any erosion starting there it will be
very obvious. It’s not a property that has been neglected at all. It has a lot of going on there. It’s not a lot of things
that just happened. It’s a planned yard. She is not keen to write an Enforcement Order at this time. She
mentioned to Mr. Michaud that he filled in a spot… maybe a muskrat had chewed a dent in the bank, she said that
loose material shouldn’t be put on the bank of the brook. The rest of the Brook was very well vegetated and
natural looking. She is not concerned about erosion or stable structures that have been there for a number of
years. These are things they want to hear about from the public. If something will damage a wetland or stream,
the Commission certainly wants to hear about it. This is how they hear about violations. In this particular case, she
doesn’t think pursuing it would be in the best interest of the commission.
Mr. Michaud said he appreciated the Board’s time. He wished that everyone stays safe and healthy.
Outcome:
The Commission declined to take enforcement action against the property owner
Minutes
June 24, 2020
B. Buitenhuys motioned and P. Downs seconded the motion to approve the June 24, 2020 minutes. The motion
passed, (5-0-1). W. Lovely abstained.
ADJOURNMENT
W. Lovely motioned and K. Dillon seconded the motion to adjourn the meeting at 8:30 PM. The motion passed
unanimously by acclamation.
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Agenda
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
Diane N. Tradd
Assistant City Manager/Director
R. Eric Slagle
Director of Development Services
June 30, 2020
In accordance with the Massachusetts General Laws Chapter 131, Section 40, and the City of Lowell Wetland
Ordinance Section 280.1-13, the Lowell Conservation Commission will hold a meeting on Wednesday, July 8, 2020
at 7:00 PM.
Due to the COVID-19 pandemic, the meeting will not occur in-person. Please use one of these four options to access
the meeting:
1. Join using your computer, tablet, or smartphone:
https://lowellma.zoom.us/j/96733102822?pwd=ckJMK1gybW5tVWRlVzJGbDUxR0xZZz09 and
enter the PASSWORD: 819 605
2. Call (646) 558-8656 and enter the MEETING ID: 967 3310 2822 and PASSWORD: 819 605
3. Watch LTC Channel 99
4. Watch online at: https://www.ltc.org/watch/channel-99/
AGENDA
CALL TO ORDER
ORDER OF BUSINESS
CONTINUED BUSINESS
Enforcement Order
Leonel Galvez
5 Billings Street
Lowell, MA 01852
Violation Location: 5 Billings Street 01850
Dumping and storing mulch within bordering vegetated wetlands and the 100-ft buffer zone to the bordering
vegetated wetlands.
Notice of Intent
Kyle Burchard c/o Columbia Care, Inc.
39 Main Street, Suite 301
Ayer, MA 01432
DEP# 206-0799
Project Location: 170 Lincoln Street 01852
A Notice of Intent has been filed by GPR, Inc. on behalf of Columbia Care, Inc. to expand an existing marijuana
cultivation facility at 170 Lincoln St., 156 Lincoln St., 17.1 Tanner St., & 159 Tanner St. The project site is within the
100-ft. riverfront area of River Meadow Brook.
Notice of Intent
Bree Sullivan c/o PURE Lowell, Inc.
Bayside Engineering, Inc.
600 Unicorn Park Dr.
Woburn, Ma 01801
Project Location: 671-683 Rogers Street 01852
A Notice of Intent (NOI) has been filed by Bree Sullivan on behalf of PURE Lowell, Inc. to demolish two existing
residential structures and construct a 3,700 sq. ft. retail marijuana facility and 40-space parking lot. Wetland
resource areas on the site include Bordering Vegetated Wetlands (BVW) and Bordering Land Subject to Flooding
(BLSF).
Enforcement Order
TRS Chous & Tao Realty Trust
26 Sheldon Street
Lowell, MA 01851
Violation Location: 535 Pawtucket Boulevard 01854
Removal of tree within the 100-year floodplain without a permit from the Lowell Conservation Commission.
NEW BUSINESS
Request for Determination of Applicability
Robin Pattershall
27 Meghann Lane
Lowell, MA 01852
Project Location: 27 Meghann Lane 01852
A Request for Determination of Applicability has been filed by Robin Pattershall to construct an above ground pool
at 27 Meghann Lane. The pool would be within the 100-ft. Buffer Zone to the Merrimack River.
Notice of Intent
Kenneth Lania c/o
Riverbank Properties, LLC
908 Lawrence Street
Lowell, MA 01852
Project Location: 908 & 966 Lawrence Street 01852
A Notice of Intent has been filed by Cornerstone Land Consultants, Inc. on behalf of Riverbank Properties, LLC to
upgrade and expand the parking areas for the building at 908 & 966 Lawrence St. The work will include activity
within the 25-ft. Riverfront Area and 100-ft. Buffer Zone to the Concord River and Wamesit Canal.
OTHER BUSINESS
Minutes
June 24, 2020
ADJOURNMENT
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