Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS October 13, 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 both in person and virtually using Zoom. Members Present: Brad Buitenhuys, William Lovely, Perry Downs, and Kevin Dillon (via Zoom) Members Absent: Louisa Varnum and Weston Standish Others Present: Jess Wilson, Design Planner CALL TO ORDER Meeting called to order at 7:10 PM ORDER OF BUSINESS NEW BUSINESS CONTINUED BUSINESS Notice of Intent Chantho Mo 138 Martin Street Lowell, MA 01854 Project Location: 138 Martin Street 01854 The applicant is seeking to construct an addition to a single-family home within the 100 year floodplain. The applicant has proposed to demolish an existing addition at the rear of the property and construct a larger addition. MassDEP has not assigned a number to this project yet. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: W. Lovely motioned and P. Downs seconded the motion to continue the Application until the October, 27 meeting; the motion passed unanimously (4-0). Enforcement Order Angkor Monastery 39 Grove Street Lowell, MA 01851 Violation Location: 205 Billerica Street, 01851 The violator engaged in tree removal within the 100-foot 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: Kenneth Mavrogeorge, Project Manager K. Mavrogeorge provided a summary of the work completed since the previous hearing, including the development of a restoration plan for planting trees, a wetland seed mix, and an upland seed mix. The owner will select the trees based on nursery availability and site constraints. The Applicant confirmed that the gravel parking area will remain based on the previous discussion and requested that the commission close out the Enforcement Order. Speaking in Favor: None Speaking in Opposition: Denise Roy, Neighbor D. Roy informed that commission that the Applicant has been parking up to thirty (30) cars in the gravel parking area and asked about the potential leakage of oil. Discussion: B. Buitenhuys noted that cars would be able to park in the area regardless of whether it is gravel. W. Lovely agreed that the gravel is not the Commission’s concern as much as the loss of vegetation along the river and suggested that the commission approve the Restoration Plan. He reminded the Applicant that the Enforcement Order will not be lifted until the vegetation is well-established. B. Buitenhuys suggested the commission determine an appropriate monitoring period for vegetation re- establishment. W. Lovely stated that the restoration should be monitored for a minimum of one (1) growing season, and that if the planting is completed this fall, the Commission would want to see how it survives through Winter and Spring. Motion: W. Lovely motioned and P. Downs seconded the motion to approve the Restoration Plan; the motion passed unanimously (4-0). (Enforcement Order remains open) Enforcement Order Westminster Preservation LP 60 Columbus Circle New York, NY 10023 Violation Location: 1276 Pawtucket Boulevard, 01854 The violator engaged in brush and soil removal along the bank of the Merrimack River in order to create their own beach. They are also storing a floating dock, a chair, and a kayak along the river. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: W. Lovely stated that DPD staff visited the property and based on staff observations and photos, the area does not yet appear stable. He reminded the commission that Forsythia bushes had been recommended which are not native but are also not invasive and are beneficial for root stabilization. B. Buitenhuys noted that the viable planting season is coming to an end and stated that appropriate remediation should be completed before winter as snow will cause additional runoff and erosion. Motion: P. Downs motioned and W. Lovely seconded the motion to continue the hearing to the October 27, 2021 meeting; the motion passed unanimously (4-0). NEW BUSINESS Request for Determination of Applicability Sovann Kong 51-57 Shirley Avenue Lowell, MA 01854 Project Location: 51-57 Shirley Avenue, 01854 A Request for Determination of Applicability has been filed by Sovann Kong to remove brush. The proposed work will take place within the 100-year Floodplain. On Behalf: Sovann Kong (present on Zoom, but not responsive) Speaking in Favor: None Speaking in Opposition: John Hamblett, Neighbor J. Hamblett introduced himself as a neighbor at 495 Varnum Avenue and the Vice Chair of the Pawtucketville Citizen’s Council representing the 12,000 residents of Pawtucketville. He shared his knowledge of the permitting history associated with 51-57 Shirley Avenue, reminding the Commissioners that the former Applicant had appealed the Commission’s prior decision from June 2020 and received a Superseding Order of Conditions from MassDEP, but did not go to the District Court to challenge the case under the local ordinance. J. Hamblett expressed concern that the Commission may not have the authority to approve an RDA while the 2020 denial still stands. He asked whether the 2 or 3 year waiting period that applies to proposals denied by the Zoning Board of Appeals or Planning Board also applies to Conservation Commission decisions. J. Hamblett noted that 51-57 Shirley Avenue is a particularly sensitive parcel in the neighborhood and that previous negotiations between the prior owner, lawyers, and environmental attorneys resulted in a specific planting plan. J. Hamblett shared copies of the plan and expressed that he would ultimately like to see the lot restored. Discussion: W. Lovely acknowledge the long history of this site and recalled that per DEP’s Superseding Order of Conditions, the [property owner is allowed to build a stilted house within the 100-year floodplain. He noted that since the construction of a home is allowed, the proposal to remove brush is relatively minimal. He expressed that he would support a negative three determination so long as the brush removal does not de-stabilize the land in any way, but recommended that the Commission continue the application given that the agenda only reflects a fraction of the complex project history and more information should be made available to the public. Continuing would also allow time to confirm the appropriate procedure with the City Law Department. He noted that any permission granted for re- planting should be consistent with the existing plans identified by J. Hamblett. J. Wilson confirmed that DPD staff would follow up with the Law Department in advance of the next Conservation Commission meeting so that the Commission can focus on the specifics of restoration at the next meeting. Motion: W. Lovely motioned and P. Downs seconded the motion to continue the hearing to the October 27, 2021 meeting; the motion passed unanimously (4-0). Request for Determination of Applicability David Porter 76 Dayton Street Lowell, MA 01852 Project Location: 76 Dayton Street, 01852 A Request for Determination of Applicability has been filed by David Porter to replace an existing deck and extend it an additional two (2) feet toward the rear property line. The proposed work will take place within the 100 year floodplain and within the 100 foot buffer zone to a wetland. On Behalf: David Porter, Property Owner D. Porter introduced himself and informed the Commission that he has lived in the house for twenty (20) years and has never done any work on the deck, which has now reached an unsafe state of disrepair. He summarized his proposal to tear the deck down and replace with a new deck in the same location and extend it an additional two (2) feet toward the rear of the property. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if the Building Department would require footings. D. Porter responded that the Building Department had advised him to get Conservation Commission approval first. B. Buitenhuys noted that some digging would be required. D. Porter stated that digging would be completed with either an auger or a bobcat, but will stay within the foot print of the deck. The contractor will start with the back footings and work toward the front to avoid driving on any grass. B. Buitenhuys asked if the excavation would lead to excess soil. D. Porter stated that the footing holes won’t be any larger, but they may be deeper. B. Buitenhuys advised the Applicant that it is critical that excess soil displaced by concrete does not remain on-site, but rather be taken off-site for disposal. W. Lovely noted that the activity is minimal. Motion: W. Lovely motioned and P. Downs seconded the motion to issue a Negative III determination; the motion passed unanimously (4-0). Request for Determination of Applicability MS Red Realty 401 Broadway Road Dracut, MA 01826 Project Location: 81 Old Ferry Road, 01854 A Request for Determination of Applicability has been filed by MS Red Realty to remove existing pavement and replace with new pavement to grade. The proposed work will take place within the 100- year flood plain. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: W. Lovely stated that the Applicant is applying for a simple replacement of their driveway which will maintain the same grade and that he does not have any concerns. He suggested that the Commission motion for a negative III determination with the condition that the grade remains the same. He noted that it is common practice to do a one and a half (1.5) inch topcoat with asphalt on top. B. Buitenhuys suggested the condition be to confirm the grade via a survey. W. Lovely suggested they continue the application so that the Applicant can be present to respond. P. Downs agreed that the Commission should hear from the Applicant Motion: W. Lovely motioned and K. Dillon seconded the motion to continue the hearing to the October 27, 2021 meeting; the motion passed unanimously (4-0). Request for Determination of Applicability Boott Hydropower LLC 670 N. Commercial Street Manchester, NH 03101 Project Location: Foot of John Street, 01852 A Request for Determination of Applicability has been filed by Boott Hydropower, LLC to remove a tree located at the foot of John Street, directly behind the Boot Mills and growing within the Eastern Canal. The proposed work will take place within the 100 foot buffer zone to the Eastern Canal. On Behalf: Skip Medford, Boott Hydropower LLC S. Medford summarized the proposed scope of work and explained that wall repairs were delayed numerous times due to the COVID-19 pandemic. He stated that Boott is prepared to do the repairs this fall. He stated that the rootballs would be left in the ground to continue to provide stabilization and that the project area will be re-vegetated. He noted that a specialist had recommended Sumac and that three of the abutters are on board with the project. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if the work was scheduled for this year. S. Medford confirmed that it is. Motion: P. Downs motioned and W. Lovely seconded the motion to issue a negative III determination; the motion passed unanimously (4-0). OTHER BUSINESS Minutes September 22, 2021 Minutes W. Lovely stated that he sent minor corrections to DPD staff just before the meeting. Motion: W. Lovely motioned and P. Downs seconded the motion continue the September 22nd meeting minutes to the October 27, 2021 meeting; the motion passed unanimously (4-0). ADJOURNMENT W. Lovely motioned and P. Downs seconded the motion to adjourn at 7:40pm; the motion passed unanimously (4-0).