Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS August 10, 2022 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: Chairwoman Varnum, Brad Buitenhuys, Perry Downs, Stephen Laput Members Absent: Kevin Dillon Others Present: Dylan Ricker, Associate Planner CALL TO ORDER A quorum of members was present, and L. Varnum called the meeting to order at 7:00pm. ORDER OF BUSINESS CONTINUED BUSINESS Enforcement Order S&R Corporation 706 Broadway Street Lowell, MA 01854 Violation Location: 204 River Road, Lowell, MA, 01852 An Enforcement Order has been issued at the subject property for dumping fill within 100-feet of the riverfront area on the Merrimack River without Conservation Commission approval. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked about the process for fining under the wetlands ordinance. D. Ricker explained that the violator can be fined under the Lowell Zoning Ordinance. S. Laput said it was his understanding it would have to go through the City Solicitor. B. Buitenhuys recommended beginning fines if the violator does not appear at the next Commission meeting. Motion: B. Buitenhuys motioned, and P. Downs seconded the motion to continue to enforcement order to the September 14, 2022 Conservation Commission meeting. The motion passed unanimously, (4-0). Request for Determination of Applicability Andrew Goddard 327 Davis Street Northborough, MA 01532 Project Location: 10 Toupi Lane, Lowell, MA, 01854 A Request for Determination of Applicability has been filed by Andrew Goddard to determine whether there are resource areas subject to the Wetlands Protection Act on the site. The applicant has requested a continuance to the September 14th Conservation Commission meeting. Speaking on Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned, and B. Buitenhuys seconded the motion to continue the application to the September 14, 2022 Conservation Commission meeting. The motion passed unanimously, (4-0). Enforcement Order Wat Lao Mixayaram of NE, Inc. 45 Bernier Street Lowell, MA 01852 Violation Location: 45 Bernier Street, Lowell, MA, 01852 An Enforcement Order has been issued at the subject property for tree removal within the 100-year floodplain and within 100-feet of a protected wetland. The applicant has replanted two trees at the request of the Commission and is seeking to have the Enforcement Order rescinded. Speaking on Behalf: Donald Andresen, 45 Bernier Street D. Andresen said the ornamental trees were planted at the request of the Conservation Commission and said they are being watered. D. Andresen noted staff conducted a site visit and confirmed the trees were planted. D. Andresen said the trees were Red Bud trees. Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: B. Buitenhuys motioned, and S. Laput seconded the motion to rescind the Enforcement Order. The motion passed unanimously, (4-0). NEW BUSINESS Request for Determination of Applicability Jimmy Nouvong 511 Princeton Boulevard Lowell, MA, 01851 Project Location: 511 Princeton Boulevard, Lowell, MA, 01851 A Request for Determination of Applicability has been filed by Jimmy Nouvong to install an 8’ x 12’ shed within the 100-year floodplain. Speaking on Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum summarized the proposal and said she would like to know the plans for the proposed shed. L. Varnum expressed concern if the applicant were to use a foundation for the shed. L. Varnum said she has used a vinyl tent instead of a shed and it has worked. B. Buitenhuys said this should be treated like other floodplain issues. P. Downs expressed concern about a potential foundation for the shed. B. Buitenhuys said any addition to the floodplain needs flood compensation. L. Varnum asked if there was an alternative location on the site. D. Ricker said this is the only location allowable by zoning. B. Buitenhuys said the shed is as far out of the floodplain as possible, but he has concerns. L. Varnum said there are concerns it may float away in a flood. L. Varnum said the tents are sturdy and less dangerous. The Commission expressed concern, but would like more information from the applicant. Motion: B. Buitenhuys motioned, and P. Downs seconded the motion to continue the application to the September 14, 2022 meeting. The motion passed unanimously, (4-0). Request for Determination of Applicability 120 Mount Vernon St, LLC 863 Winter Street North Andover, MA 01845 Project Location: 948 Lakeview Avenue, Lowell, MA, 01850 A Request for Determination of Applicability has been filed by 120 Mount Vernon St, LLC to repave the existing driveway and obtain a curbcut within the 100-year floodplain. Speaking on Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum said the existing driveway is sunken and cracked. L. Varnum said if the driveway were the same height as the sidewalk she would have no issues with the application. B. Buitenhuys said the driveway should remain the same level. P. Downs and S. Laput agreed, Motion: B. Buitenhuys motioned to issue a negative 3 determination with the following condition: 1. The new driveway shall be the same level as the existing driveway. S. Laput seconded the motion. The motion passed unanimously, (4-0). OTHER BUSINESS Minutes July 13, 2022 Meeting Minutes B. Buitenhuys motioned, and S. Laput seconded the motion to approve the July 13, 2022 meeting minutes. The motion passed unanimously, (4-0). ADJOURNMENT P. Downs motioned to adjourn, seconded by S. Laput, the motion passed unanimously, (4-0). The time was 7:25PM.