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 Christine McCall Assistant City Manager/DPD Director R. Eric Slagle Director of Development Services CONSERVATION COMMISSION LOWELL, MASSACHUSETTS May 12, 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 Downs, and Commissioner Standish Members Absent: Commissioner Dillon Others Present: Fran Cigliano, Senior Planner; Peter Cutrumbes, Assistant Planner CALL TO ORDER Meeting called to order 7:00pm. 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: None Speaking in Favor: None Speaking in Opposition: None Discussion: F. Cigliano told the Commission that they are still waiting on the MassDEP# for this project. L. Varnum said that this project could be tabled until the DEP# is issued. Motion: P. Downs motioned and W. Lovely seconded the motion to table this item until further notice. The motion passed unanimously (4-0). NEW BUSINESS Request for Determination of Applicability Barbara Copley 45 Meaghann Lane Lowell, MA 01852 Project Location: 45 Meaghann Lane 01852 The applicant is seeking to remove two (2) oak trees within the 100-ft buffer zone to the Merrimack River. On Behalf: Paul Copley, 45 Meaghann Lane P. Copley said that they would like to remove two oak trees in their backyard. They are very old and every time there is a windstorm, branches fall into the yard onto the deck. They are afraid that eventually, it could fall onto their house. Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked if an arborist had taken a look. She wondered if trimming the dead branches could be an option. They are almost historic sized trees there that would be an asset to the property. P. Copley disagreed; the trees are becoming a liability. He wishes they were in better health, but the last few drought seasons have done a number on them. More and more branches are dying than are alive. It is becoming a hazard. L. Varnum said that the trees could provide the deck with shade. P. Copley said that they have lived here for over 30 years and that in the last 5-10 years, the shade has been dwindling. W. Lovely said that the applicant appears to be acting in good faith and he would defer to their judgement. B. Buitenhuys said that he would not push for additional plantings. Motion: W. Lovely motioned to issue a Negative III determination. The motion was seconded by W. Standish and passed unanimously, (5-0). Enforcement Order SteveO Nominee Trust 31 Anderson Drive Tyngsboro, MA 01879 Violation Location: 1 Sheffield Street Lowell MA 01854 Brush and tree removal within the 100-ft buffer zone and 100-year flood plain without Conservation Commission approval. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum said that there are new owners. They have placed their clippings on 5 Sheffield Street which is still under ownership of S. O’Neill. Both parties are liable for this particular violation. Hopefully by next meeting we will have both parties in here. L. Varnum said that it will take considerable effort to make it right. They are attempting to put up a fence. It is a scorched earth situation. Not a blade of anything left. Activity needs to be dealt with rather quickly. Motion: W. Lovely motioned and B. Buitenhuys seconded the motion to ratify the Enforcement Order. The motion passed unanimously, (5-0). OTHER BUSINESS Minutes April 14, 2021 Executive Session April 28, 2021 Both sets of minutes will be re-visited at the next Conservation Commission meeting. ADJOURNMENT B. Buitenhuys motioned and W. Lovely seconded the motion to adjourn the meeting. The time was 7:31 PM.