Conservation Commission

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 Kara Keefe Mullin Assistant City Manager/Acting DPD Director R. Eric Slagle Director of Development Services CONSERVATION COMMISSION LOWELL, MASSACHUSETTS April 28, 2021 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 Buitenhuys, Commissioner Lovely, Commissioner Dillon, Commissioner Downs, and Commissioner Standish Members Absent: Others Present: Fran Cigliano, Senior Planner; Jess Wilson, Associate Planner; Peter Cutrumbes, Assistant Planner CALL TO ORDER Meeting called to order 7:01pm. ORDER OF BUSINESS CONTINUED BUSINESS Notice of Intent City of Lowell, Department of Planning and Development Chris Hayes 50 Arcand Dr, 2nd Floor Lowell, MA 01852 Project Location: 100 Industrial Ave, 211 Plain Street, and 211.1 Plain Street, 01851 A Notice of Intent has been filed by the City of Lowell to construct a multi-use path along River Meadow Brook. The path would be located within the 100 foot buffer zone and Riverfront area. The MassDEP # for this project is still pending. On Behalf: Speaking in Favor: Speaking in Opposition: Discussion: F. Cigliano told the board that they are still waiting on the MassDEP# for this project. L. Varnum asked for a motion to continue due to this extenuating circumstance. Motion: Motion to continue by Member W. Lovely, seconded by Member B. Buitenhuys. Vote was unanimous. NEW BUSINESS Enforcement Order Angkor Monastery 39 Grove Street Lowell, MA 01851 Violation Location: 205 Billerica Street 01851 The violators engaged in tree removal work within the 100-ft buffer zone of the Concord River riverfront area without Conservation Commission approval. Trees were removed and there appears to be potential for additional construction in the buffer zone without a building permit or Conservation Commission approval. On Behalf: Mr. Mony Var represented Angkor Monastery. M. Var discussed how this was just an oversight, and they did not realize they had to discuss any work with the Conservation Commission. M. Var also stated that they were just attempting to clean up the site, and that they will inform the Commission in the future. Speaking in Favor: City Councilor Vesna Nuon spoke in support of the monks. He expressed their sincere remorse for violating the Conservation Commission bylaws. Councilor Nuon says that any work the Monastery does in the future will also be done with Councilor Nuon’s guidance and that all requisite plans will be submitted. Speaking in Opposition: Discussion: L. Varnum introduced the EO and discussed the Commission’s responsibility to oversee and approve what is happening within 100 feet of the Concord River. She also discussed how the site was marked to show the buffer zone 3 years ago for a separate project which was never built, and that these parameters can be used to do work in the future. L. Varnum expressed the Commission’s willingness to work with the property owners in the future, and described how the Commission is simply trying to ensure enough trees are planted to prevent soil erosion and protect the waterway and flood zone. W. Lovely asked L. Varnum to confirm that the situation at the site was stable, which she did. W. Lovely then asked to ratify the EO. Motion: Motion to ratify made by W. Lovely. Seconded by B. Buitenhuys. Vote was unanimous. Enforcement Order Ranjan Patel 680 Varnum Ave Lowell, MA 01854 Violation Location: 680 Varnum Ave 01854 Illegal dumping taking place within 100 feet of a protected wetland without Conservation Commission approval. On Behalf: Speaking in Favor: Speaking in Opposition: Discussion: P. Cutrumbes discussed the situation that necessitated the enforcement order. Chairwoman Varnum said that she visited the property today and that it was cleaned up. She suggested releasing the enforcement order. Motion: Motion to release this enforcement order by B. Buitenhuys. Seconded by P. Downs. Vote was unanimous. OTHER BUSINESS Minutes April 14, 2021: Motioned by W. Lovely, seconded by P. Downs. April 14, 2021 – Executive Session: Commission did not vote on the Executive Session minutes. ADJOURNMENT Motion to adjourn made by B. Buitenhuys and seconded by Kevin Dillon. Vote was unanimous.