Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS October 26, 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: Louisa Varnum, Kevin Dillon, Perry Downs, Stephen Laput, and Brad Buitenhuys Members Absent: Others Present: Peter Cutrumbes, Assistant Planner CALL TO ORDER L. Varnum called the meeting to order at 7:00 PM. ORDER OF BUSINESS CONTINUED BUSINESS 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 site. On Behalf: Scott Goddard appeared on behalf of the applicant to request a continuance, because the final materials from the peer reviewer came in last night. In Favor: None In Opposition: None Discussion: L. Varnum said she is not in favor of continuing the application any longer. S. Goddard asked if the peer reviewers could speak. Matt Burnes, senior ecologist from BSC Group, and Dominic Ronaldi the chief engineer from BSC Group, both were on the call. M. Burnes said that there is adequate information that there is water flow at some level out of the area in the question. He feels it is reasonable to expect WPA jurisdiction in this case. He is always open to conversation with the applicant, but he believes it is reasonable for the Commission to make a positive determination. B. Buitenhuys cautioned that continuing the application could waste abutters’ time. L. Varnum said the early developers would never have left lots unbuilt if they could have been built on. She said this lot is part of a drainage system from the original subdivisions. B. Buitenhuys said the Commission is willing to grant one more continuance. Motions: B. Buitenhuys motioned to accept the continuance, with P. Downs seconding. The vote was unanimous (5-0). 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: S. Ploof represented S&R. He agreed with the Commissioners comments. In Favor: None In Opposition: None Discussion: B. Buitenhuys said there was a site visit with himself, K. Dillon, and Associate Planner Dylan Ricker. He said the site was brought back to its original conditions and that seed had been placed. He believes the natural brush cover in the area will resume. L. Varnum said her concern was the large trees being encroached on. B. Buitenhuys and K. Dillon said they believed the trees were okay. Motion: B. Buitenhuys motioned to rescind the enforcement order, seconded by K. Dillon, with a condition. 1. The Conservation Commission and City staff shall return to the site in the spring of 2023 to confirm vegetation has grown. The vote was unanimous (5-0). NEW BUSINESS Notice of Intent Bill Renaud PO Box 58 Dracut, MA 01826 Project Location: 105 Martin Street, Lowell MA 01854 An Abbreviated Notice of Intent has been filed by Bill Renaud at 105 Martin Street. The applicant proposes to construct a new single-family home within the 100-year floodplain. On Behalf: Paul Campbell, Chess Engineering, representing the applicant Bill Renaud, spoke. He summarized the project briefly. The project is within the flood zone but outside the buffer zone. The home would be built on a slab foundation at elevation 69.5, a couple inches above the flood zone. The depth of the slab foundation would be within the flood zone. The piers of the back deck would also be within the flood zone. The estimate is less than 6 gallons of flood water being displaced. They are proposing to cut into the high elevation on the site to make up for this flood displacement. It is an abbreviated NOI because it only displaces around 200 square feet of flood zone, whereas the NOI threshold is 1000 square feet. LRWWU said it does not need to meet stormwater standards because it is on a separate sewer system. In Favor: None In Opposition: None Discussion: L. Varnum asked if the slab foundation is within the flood zone. P. Campbell said yes and that the slab is around 12 inches thick. The house itself is not within the flood zone. S. Laput asked if there are footings. B. Buitenhuys said the footings would not actually be within the flood zone. B. Buitenhuys said he believes the compensation is adequate. P. Downs agreed. L. Varnum said she does not want to close the public hearing without seeing the DEP comments. Motion: B. Buitenhuys motioned to continue the application to the 11/9 meeting, and K. Dillon seconded. The vote was unanimous (5-0). Request for Determination of Applicability RS Investment Properties 902 Lincoln Street Lowell, MA 01851 Project Location: 23 Frechette Street, Lowell MA 01851 A Request for Determination of Applicability has been filed by RS Investment Properties to dig a trench and install a hookup for the existing home to City Sewer services within 100 feet of a protected wetland. On Behalf: Mark Mello represented RS Investment Properties and summarized the proposal. He said the job will be done in one day. In Favor: None In Opposition: None Discussion: L. Varnum asked if it will use the existing septic system in part. M. Mello said no, the septic tank will be crushed and filled. M. Mello said the septic tank is from the 60’s. L. Varnum asked about any paving. M. Mello said there is a 4-foot patch of the driveway they will need to cut into and repave. Motion: P. Downs motioned to issue a negative 3 with the stipulations that a silt fence is put in at the time of the project, and that the paving is at the same elevation. K. Dillon seconded. The vote was unanimous (5-0). Enforcement Order City of Lowell 1365 Middlesex Street Lowell, MA 01851 Violation Location: Land adjacent to 52 Lawrence Drive Lowell MA 01852 (Latitude: 42.652579, Longitude: -71.314128) The City of Lowell has substantially cut back trees on the bank of the Merrimack River at this location. On Behalf: Paul St. Cyr spoke on behalf of the City’s DPW. He said he believed it was a reaction to a request from the University to clear sight lines to the Aiken Street bridge which has been lit up by the University. He believed their goal was to have the sight lines cleared from the Tsongas Arena, In Favor: None In Opposition: None Discussion: S. Laput did a site visit and said the trees were cut in a straight line along the riverwalk, the length being from the beginning to the end of the Renaissance on the River building. L. Varnum asked if there is any idea what the thinking was. S. Laput said no. L. Varnum said they are birch trees so it would be harder for them to come back. She is worried that if the trees are dead they will not hold the riverbank. L. Varnum said they should always inform the Commission before actions like this. P. St. Cyr agreed. K. Dillon asked who actually made the request. P. St. Cyr said UML. K. Dillon asked who in the DPW allowed the request. P. St. Cyr said the interim DPW director at the time. S. Laput asked about leaving the enforcement order in place to see if the trees survived. L. Varum said nothing could be done until spring. B. Buitenhuys asked if a professional arborist could determine whether a birch tree could survive after the substantial damage. He said the trees are integral for the shoreline stabilization. S. Laput asked the name of the company that did the work. P. St. Cyr said he believed it was City staff and he has extensively gone over these procedures with the DPW staff. Fred Faust of 52 Lawrence Drive (Renaissance on the River and member of Lowell Waterways Vitality Initiative (LWVI) saw what happened. He worked on the Cox bridge lighting as part of LWVI three years ago. The trees were trimmed for that to clear sight lines, and he now knows that was the wrong way to do it. The same type of request was made for the Aiken Street bridge by LWVI. He happens to live in that area, and looked out his window and saw that it was a private contractor, not the City. He also represents LWVI, the group that made the request, and wants to take responsibility for this. He agrees that an arborist should be called upon. L. Varnum asked if he knows an arborist, F. Faust said Bartlett Tree has worked with LWVI several times. K. Dillon asked if there were other trees besides birch, because he saw 36 trees and most of them were river birch and some elms. F. Faust said he is certainly not an expert. B. Buitenhuys said it was a bad sign that this contractor was hired by the City. Motion: P. Downs motioned to ratify the enforcement order, and B. Buitenhuys seconded. The vote was unanimous (5-0). OTHER BUSINESS Election of Conservation Commission Officers P. Downs motioned to nominate L. Varnum as Chair and B. Buitenhuys as Vice-Chair, with K. Dillon seconding. The vote was unanimous (5-0). October 12, 2022 Meeting Minutes B. Buitenhuys motioned to accept the minutes, with K. Dillon seconding. The motion was unanimous (5-0). ADJOURNMENT B. Buitenhuys motioned to adjourn, with K. Dillon seconding. The meeting was adjourned at 7:56.