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Conservation Commission

Regular Meeting

Lowell, MA · September 9, 2020

AgendaMinutes

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 September 2, 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, September 9, 2020 at 7:00 PM. Due to the COVID-19 pandemic, the meeting will not occur in-person. Please use one of these two options* to access the meeting: 1. Join using your computer, tablet, or smartphone: https://lowellma.zoom.us/j/96374616223?pwd=S2ZqSUlOVlFiVDB1QnpOOHU5eUlkdz09 and enter the PASSWORD: 145 141 2. Call (646) 558 8656 and enter the MEETING ID: 963 7461 6223 and PASSWORD: 145 141 *Due to the simultaneous School Committee meeting, LTC will broadcast the meeting at a later date. The meeting will be available online at: https://www.ltc.org/watch/channel-99/conservation-commission-on-demand/ Review the project materials online at: https://lowellma.gov/1100/Conservation-Commission Email comments about agenda items to: JAlves@LowellMA.gov, with the subject line: “CC 9/9 Comment – ADDRESS” AGENDA CALL TO ORDER ORDER OF BUSINESS CONTINUED BUSINESS Enforcement Order Douglas Quist 1345 Lawrence Street Lowell, MA 01852 Violation Location: 1345 Lawrence Street 01852 Tree cutting and fill dumping within the 100-ft buffer zone to bordering vegetated wetlands without permission from the Lowell Conservation Commission. NEW BUSINESS Request for Determination of Applicability Fair Dermody Consulting Engineers c/o Keolis Commuter Services 470 Atlantic Avenue, Ste. 500 Boston, MA 02110 Project Location: MBTA Right-of-Way Operated by Keolis Commuter Services A Request for Determination of Applicability has been filed by Keolis Commuter Services to renew the wetlands map along the right-of-way (ROW) in order to continue vegetation management activities as outlined in the proposed 2021-2025 Vegetation Management Plan. The applicant has requested a continuance to the October 14, 2020 meeting. Order of Conditions Extension and Modification Christopher Hayes c/o City of Lowell 50 Arcand Drive Lowell, MA 01852 DEP# 206-0773 Project Location: Merrimack Riverwalk Phase II 01852 The City of Lowell is seeking an extension to November 14, 2023 to an Order of Conditions issued in November 14, 2017. The Order of Conditions is to extend the Merrimack Riverwalk, including lighting, railing, a ramp, a bridge, hardscape and landscape, and a cantilevered outlook within Bank and Land under a Waterway associated with the Merrimack and Concord Rivers, Bordering Land Subject to Flooding, and the 100-ft. Buffer Zones to these resource areas. Further, the City is seeking approval for a minor modification for a revised tree removal and replacement plan. The applicant has requested a continuance to the September 23, 2020 meeting. Request for Certificate of Compliance Hancock Associates c/o Heritage Properties 100 Merrimack Street, Ste. 401 Lowell, MA 01854 DEP# 206-0778 Project Location: 770.1, 850, 852.5 Lawrence Street 01852 Heritage Properties is seeking a Certificate of Compliance for an Order of Conditions issued in March 2018 to convert an existing industrial mill building to residential apartments with associated utilities, infrastructure, and parking, portions of which occur within 25-ft. Riverfront Area, Bordering Land Subject to Flooding, and the 100-ft. Buffer Zone to Inland Bank associated with the Concord River. Request for Determination of Applicability Hay Kim 67-69 Pratt Avenue Lowell, MA 01851 Project Location: 67-69 Pratt Avenue 01851 A Request for Determination of Applicability has been filed by Hay Kim to construct a deck within Bordering Land Subject to Flooding. Request for Determination of Applicability Marchionda & Associates, LP c/o Christopher Karabatsos 48 Eleanor Drive Lowell, MA 01854 Project Location: 48 Eleanor Drive 01854 A Request for Determination of Applicability has been filed by Christopher Karabatsos to construct a deck and a carport within Bordering Land Subject to Flooding and the 100-ft. Buffer Zone to Bordering Vegetated Wetlands. Request for Determination of Applicability Waldemar Poleto 140 Swan Street Lowell, MA 01852 Project Location: 140 Swan Street 01852 A Request for Determination of Applicability has been filed by Waldemar Poleto to construct a deck and shed at 140 Swan Street. The deck and shed would be within the 100-ft. Buffer Zone to Bordering Vegetated Wetlands. Request for Determination of Applicability Marilyn Rivera c/o Angel Irizarry 38 E Aldea Street Lowell, MA 01851 Project Location: 38 E Aldea Street 01851 A Request for Determination of Applicability has been filed by Angel Irizarry to construct a 20 by 10-ft. shed on Bordering Land Subject to Flooding. Notice of Intent Meisner Brem Corporation c/o Talladge LLC c/o Melmar Properties LLC 45 Merrimack Street Lowell, MA 01852 DEP# 206-0802 Project Location: 4 Tamarack Street 01851 A Notice of Intent has been filed by Tallage Lincoln LLC c/o Melmar Properties LLC to extend Tamarack Street and construct a single-family home in a vacant lot. The lot is located fully within the 100-year flood plain. Enforcement Order Liberal Raposo and Jane Raposo 48 Perron Way Lowell, MA 01854 Violation Location: 48 Perron Way 01854 Cutting and removing trees within the 100-ft. Buffer Zone to Bordering Vegetated Wetlands without permission from the Conservation Commission. OTHER BUSINESS Minutes August 12, 2020 ADJOURNMENT

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 September 2, 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, September 9, 2020 at 7:00 PM. Due to the COVID-19 pandemic, the meeting will not occur in-person. Please use one of these two options to access the meeting: 1. Join using your computer, tablet, or smartphone: https://lowellma.zoom.us/j/96374616223?pwd=S2ZqSUlOVlFiVDB1QnpOOHU5eUlkdz09 and enter the PASSWORD: 145 141 2. Call (646) 558 8656 and enter the MEETING ID: 963 7461 6223 and PASSWORD: 145 141 3. Watch LTC channel 99 4. Watch LTC online at: https://www.ltc.org/watch/channel-99/ Review the project materials online at: https://lowellma.gov/1100/Conservation-Commission Email comments about agenda items to: JAlves@LowellMA.gov, with the subject line: “CC 9/9 Comment – ADDRESS” AGENDA CALL TO ORDER ORDER OF BUSINESS CONTINUED BUSINESS Enforcement Order Douglas Quist 1345 Lawrence Street Lowell, MA 01852 Violation Location: 1345 Lawrence Street 01852 Tree cutting and fill dumping within the 100-ft buffer zone to bordering vegetated wetlands without permission from the Lowell Conservation Commission. NEW BUSINESS Request for Determination of Applicability Fair Dermody Consulting Engineers c/o Keolis Commuter Services 470 Atlantic Avenue, Ste. 500 Boston, MA 02110 Project Location: MBTA Right-of-Way Operated by Keolis Commuter Services A Request for Determination of Applicability has been filed by Keolis Commuter Services to renew the wetlands map along the right-of-way (ROW) in order to continue vegetation management activities as outlined in the proposed 2021-2025 Vegetation Management Plan. The applicant has requested a continuance to the October 14, 2020 meeting. Order of Conditions Extension and Modification Christopher Hayes c/o City of Lowell 50 Arcand Drive Lowell, MA 01852 DEP# 206-0773 Project Location: Merrimack Riverwalk Phase II 01852 The City of Lowell is seeking an extension to November 14, 2023 to an Order of Conditions issued in November 14, 2017. The Order of Conditions is to extend the Merrimack Riverwalk, including lighting, railing, a ramp, a bridge, hardscape and landscape, and a cantilevered outlook within Bank and Land under a Waterway associated with the Merrimack and Concord Rivers, Bordering Land Subject to Flooding, and the 100-ft. Buffer Zones to these resource areas. Further, the City is seeking approval for a minor modification for a revised tree removal and replacement plan. Request for Certificate of Compliance Hancock Associates c/o Heritage Properties 100 Merrimack Street, Ste. 401 Lowell, MA 01854 DEP# 206-0778 Project Location: 770.1, 850, 852.5 Lawrence Street 01852 Heritage Properties is seeking a Certificate of Compliance for an Order of Conditions issued in March 2018 to convert an existing industrial mill building to residential apartments with associated utilities, infrastructure, and parking, portions of which occur within 25-ft. Riverfront Area, Bordering Land Subject to Flooding, and the 100-ft. Buffer Zone to Inland Bank associated with the Concord River. Request for Determination of Applicability Hay Kim 67-69 Pratt Avenue Lowell, MA 01851 Project Location: 67-69 Pratt Avenue 01851 A Request for Determination of Applicability has been filed by Hay Kim to construct a deck within Bordering Land Subject to Flooding. Request for Determination of Applicability Marchionda & Associates, LP c/o Christopher Karabatsos 48 Eleanor Drive Lowell, MA 01854 Project Location: 48 Eleanor Drive 01854 A Request for Determination of Applicability has been filed by Christopher Karabatsos to construct a deck and a carport within Bordering Land Subject to Flooding and the 100-ft. Buffer Zone to Bordering Vegetated Wetlands. Request for Determination of Applicability Waldemar Poleto 140 Swan Street Lowell, MA 01852 Project Location: 140 Swan Street 01852 A Request for Determination of Applicability has been filed by Waldemar Poleto to construct a deck and shed at 140 Swan Street. The deck and shed would be within the 100-ft. Buffer Zone to Bordering Vegetated Wetlands. Request for Determination of Applicability Marilyn Rivera c/o Angel Irizarry 38 E Aldea Street Lowell, MA 01851 Project Location: 38 E Aldea Street 01851 A Request for Determination of Applicability has been filed by Angel Irizarry to construct a 20 by 10-ft. shed on Bordering Land Subject to Flooding. Notice of Intent Meisner Brem Corporation c/o Talladge LLC c/o Melmar Properties LLC 45 Merrimack Street Lowell, MA 01852 DEP# 206-0802 Project Location: 4 Tamarack Street 01851 A Notice of Intent has been filed by Tallage Lincoln LLC c/o Melmar Properties LLC to extend Tamarack Street and construct a single-family home in a vacant lot. The lot is located fully within the 100-year flood plain. Enforcement Order Liberal Raposo and Jane Raposo 48 Perron Way Lowell, MA 01854 Violation Location: 48 Perron Way 01854 Cutting and removing trees within the 100-ft. Buffer Zone to Bordering Vegetated Wetlands without permission from the Conservation Commission. OTHER BUSINESS Minutes August 12, 2020 ADJOURNMENT

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