Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS September 27, 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, Kevin Dillon, Perry Downs, Stephen Laput, Marie Burns Members Absent: Brad Buitenhuys Others Present: Francesca Cigliano, Senior 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 Abbreviated Notice of Resource Area Delineation Ed Kirby Atlantic Millwrights, 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: Thomas Schomburg, Civil Design Consultants Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum said that the plan was as complete as it could be. Best plan of that property in the past 30 years. That’s what I was looking for. Very disturbed site. L. Varnum asked if it were separate tenants on the property. Front parcel seems to be well-taken care of. There is a little bit of encroachment of materials. Not sure if it warrants enforcement order. Hoping they could do something about that without issuing an enforcement order. T. Schomburg said this is the first step. We will be putting together site plans to clean up the site. Cleanup of the property is a priority. L. Varnum said they would be listing the resources on the property. I think you have one of each. I would refer to the most recent plan as the record of what’s out there and what we will be working from. Motion: K. Dillon motioned to find the delineation as accurately depicting bordering vegetated wetlands and bordering land subject to flooding. Seconded by S. Laput, approved unanimously, (5-0). Enforcement Order Vedant Construction Inc. 45 Joseph Avenue Dracut, MA 01826 Violation 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: Kate Patel, Property Owner JC, Contractor Speaking in Favor: None Speaking in Opposition: None Discussion: K. Patel said they were trying to clean the lot. Truck got stuck. JC said they wanted a survey. Some of the stuff removed, was brush. Cut trees in sections but they were already dead. Didn’t remove anything from the property. Didn’t think we were disturbing wetland. L. Varnum said work occurred without asking first. There is a huge pile of debris there. Now it is not just nature taking its course but fill in the floodplain. Something we are very concerned about. Taking up space where water could be if the flood comes again. JC said the game plan was to haul out the debris. L. Varnum said first the Commission needs to take away the enforcement order. The pile that is sitting there needs to be removed. P. Downs said they can remove the pile from the site and then will remove the EO. L. Varnum added that once that is fixed, they can tell us what they’d like to do to the property. K. Dillon said they need to apply to the conservation commission when work occurs. L. Varnum said when removed, EO will be removed. When you are ready, come in with a plan and figure out what you can do. Figure out what kind of papers you need from that. Motion: None NEW BUSINESS Emergency Certificate City of Lowell Department of Public Works 1365 Middlesex Street Lowell, MA 01851 Project Location: Malden Ave, 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 Ave to abate a flooding emergency. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked if beavers were being killed. F. Cigliano said not sure. K. Dillon asked if they could add more information to the agenda form Emergency Certification and also to require DPW to attend hearings moving forward. Motion: K. Dillon motioned and P. Downs seconded the motion to ratify the Emergency Certification. The motion passed (4-1) with L. Varnum voting in opposition. Enforcement Order Sy Dang 258 Varnum Ave Lowell MA 01854 Project Location: 258.1 Varnum Ave, 01854 Dumping within the 100-year floodplain. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum explained that this is a residential property. It is clear where the floodplain is. Motion: P. Downs motioned and S. Laput seconded the motion to ratify the enforcement order. The motion passed unanimously, (5-0). OTHER BUSINESS 9/13/2023 meeting minutes P. Downs motioned and K. Dillon seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). 2024 Meeting Schedule P. Downs motioned and K. Dillon seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). ADJOURNMENT K. Dillon motioned and L. Varnum seconded the motion to adjourn the meeting. The time was 7:37PM.