Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS September 13, 2023 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, Kevin Dillon, Perry Downs, Stephen Laput, Marie Burns Members Absent: Marie Burns Others Present: Dylan Ricker, Associate Planner CALL TO ORDER A quorum of members was present, and L. Varnum called the meeting to order at 7:02pm. ORDER OF BUSINESS CONTINUED BUSINESS NEW BUSINESS Request for Determination of Applicability National Grid 170 Data Drive Waltham, MA 02451 Project Location: Pawtucket Blvd Right of Way (In front of 1194 Pawtucket Blvd), 01854 A Request for Determination of Applicability has been filed by National Grid to install a new utility pole within 100-feet of the Merrimack River. On Behalf: Nick Hebel, Applicant’s Representative N. Hebel explained the applicant is looking to install 1 new utility pole which will be about 90-100 feet from the bank of the Merrimack River. N. Hebel said this is not exempt because it requires tree trimming. N. Hebel said some of the tree trimming will be in the 100 foot buffer zone. N. Hebel said the pole will be on the road ROW, and he explained the required tree removal. Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked about the duration of the project. N. Hebel said it should be 1-2 days once work begins. L. Varnum asked how many trees would be removed, N. Hebel said a total of 5 trees would be removed. K. Dillon asked what the need is for the new pole. N. Hebel said it is due to the transformer, the span between utility poles, and to be able to bring wires down to the ground. K. Dillon noted the pine trees are large. L. Varnum said the work appears to be necessary. Motion: K. Dillon motioned, and P. Downs seconded the motion to issue a negative 3 determination. The motion passed unanimously, (4-0). Abbreviated Notice of Resource Area Delineation Ed Kirby Atlantic Millwights, Inc. 77 Concord Street North Reading, MA 01864 Project Location: 55, 75 & 77-81 Phoenix Avenue, 01852 An Abbreviated Notice of Resource Area Delineation has been filed by Atlantic Millwrights, Inc. At 55, 75 & 77-81 Phoenix Avenue. On Behalf: Troy Stearns, Applicant’s Representative T. Stearns explained the subject property. T. Stearns explained the observed resource areas on the site, and said the areas were flagged in June. T. Stearns said the reason for filing is to determine the bounds of the resource area for future projects on the property. Tom Schomburg, Applicant’s Representative Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked if there is work planned on the parcels. T. Stearns said nothing is proposed now, but something will be proposed. L. Varnum said the wetland has been well delineated on the site. L. Varnum said the wetland boundary is not something she is questioning. L. Varnum asked about the 126 foot elevation on the east side of the plan, but not on the west. L. Varnum said historically flooding has occurred on both sides of the wetland parcel. T. Stearns said they did not extend their survey that far toward Wentworth Avenue. L. Varnum said her concern is that there is no elevation notation on the west side of the resource area. L. Varnum said there appears to be a large section outside of the wetland that may be floodplain. T. Schomburg said the reason the survey only consists of the eastern portion of the site is because any proposed work would be on the eastern portion of the site. T. Schomburg said it wouldn’t be feasible to work on the west. L. Varnum said they are requesting the Commission vote on the entire plan which lacks the elevation on the western side of the lot. L. Varnum said the Commission has a no build zone within 50 feet of a wetland and they would not approve development in this zone. L. Varnum said the Commission would be concerned with tree cutting within the 500 foot zone as well. T. Stearns said proposed buildings would be outside of the 50 foot buffer. L. Varnum said there is a severe flooding situation in the surrounding neighborhood, and this is why the Commission is concerned with the site. L. Varnum said the elevations on the west of the property should be resolved before a vote. T. Stearns agreed. L. Varnum requested a 50 foot buffer line be added to both sides. K. Dillon asked if the property has been delineated in the past, L. Varnum said it has in the past and the delineations have been similar to what is proposed now. L. Varnum said the petition should be continued to the 9/27 meeting so updates can be added. T. Stearns agreed. T. Schomburg confirmed what the Commission is seeking. L. Varnum explained the Commission is looking for the 50 foot buffer line and flood elevations. Motion: K. Dillon motioned, and S. Laput seconded the motion to continue the petition to the 9/27 Conservation Commission meeting. The motion passed unanimously, (4-0). Emergency Certificate City of Lowell Department of Public Works 1365 Middlesex Street Lowell, MA 01851 Project Location: 78 Lexington Avenue, 01854 The City of Lowell Department of Public Works has applied to the Conservation Commission for an Emergency Certification to temporarily breach a beaver dam at the Claypit Brook adjacent to Malden Avenue and Lexington Avenue to abate a flooding emergency. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned, and K. Dillon seconded the motion to ratify the Emergency Certificate. The motion passed, (4-0-1) with L. Varnum abstaining. Emergency Certificate City of Lowell Department of Public Works 1365 Middlesex Street Lowell, MA 01851 Project Location: 24 Monarch Street, 01854 The City of Lowell Department of Public Works has applied to the Conservation Commission for an Emergency Certification to breach an existing beaver dam to allow water to flow and abate a flooding emergency. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: B. Buitenhuys motioned, and K. Dillon seconded the motion to ratify the Emergency Certificate. The motion passed, (4-0-1) with L. Varnum abstaining. Emergency Certificate Wat Lao Mixayaram of New England 41-45 Bernier Street Lowell, MA 01852 Project Location: 45.1 Bernier Street, 01852 Wat Lao Mixayaram of new England has applied to the Conservation Commission for an Emergency Certification to remove fallen trees from the property which overhang portions of the property within the 100-foot buffer zone of a protected wetland. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: K. Dillon motioned, and S. Laput seconded the motion to ratify the Emergency Certificate. The motion passed, unanimously, (5-0). Enforcement Order Vedant Construction, Inc. 45 Joseph Avenue Dracut, MA 01826 Project Location: 92 Townsend Avenue, 01854 The violator has removed trees and vegetation within the 100-year floodplain and within the 100-foot buffer zone of a protected wetland without Conservation Commission approval. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum said she visited the site, and there is a pile of stumps that had been cut. L. Varnum said the stumps appeared dead. L. Varnum said she is concerned if the cutting continues, and expressed concern with the pile of material in the floodplain and buffer zone. L. Varnum said there is necessary remediation. B. Buitenhuys expressed concern that it was a construction company and they are claiming they are not aware they needed Conservation Commission approval. P. Downs expressed concern as the property is in one of the main floodzones in the City. L. Varnum noted the Commission has the ability to levy fines if the situation is not remedied and the violator is expected at the next meeting. Motion: B. Buitenhuys motioned, and P. Downs seconded the motion to ratify the Enforcement Order. The motion passed unanimously, (5-0). OTHER BUSINESS 7/12/2023 meeting minutes B. Buitenhuys motioned, and K. Dillon seconded the motion to approve the 7/12/23 meeting minutes. The motion passed unanimously, (5-0). ADJOURNMENT B. Buitenhuys motioned and P. Downs seconded the motion to adjourn the meeting. The time was 7:30 PM.