Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS October 11, 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, Perry Downs, Stephen Laput, Marie Burns Members Absent: Brad Buitenhuys, Kevin Dillon Others Present: Francesca Cigliano, Senior Planner CALL TO ORDER A quorum of members was present, and L. Varnum called the meeting to order at 7:01pm. ORDER OF BUSINESS CONTINUED BUSINESS NEW BUSINESS Notice of Intent Toussak Sokhom 59 Martin Street Lowell, MA 01854 DEP #: None Project Location: 59 Martin Street, 01854 A Notice of Intent has been filed by Toussak Sokhom to construct an addition to the existing single- family home at 59 Martin Street. The proposed work is located within the 100-year floodplain. On Behalf: Ernst Dorante, Applicant’s Representative E. Dorante said he is asking for relief because the work is in the floodplain. E. Dorante said the addition is about 500 square feet. E. Dorante said they intend to go 3 feet below grade , and said the soil will stay in place. Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum said there are some items missing from the site plan since the work is in the floodplain. L. Varnum said the plan is missing a compensation chart showing how the new foundation will be compensated for in the floodplain. L. Varnum said they would like to see 1 to 1 flood compensation. L. Varnum said the plan needs to show how many cubic feet below the floodplain elevation is impacted and how it will be compensated for. L. Varnum said anything above 69.1 feet would be out of the floodplain, and noted there would be some impact below this elevation. L. Varnum said they are also waiting on a DEP File number and asked if the plans have been submitted to MassDEP. L. Varnum said without a DEP number the Commission cannot render a decision. L. Varnum said the Commission will need a profile of the foundation on the plan, and they will need to know the thickness, height, etc. of the foundation wall. E. Dorante said they do not intend to do any compensation because the soil is not being displaced. E. Dorante said the foundation is 48 inches thick and the foundation will be open to allow floodwater to come in. S. Laput said the impact is not just the soil and said the foundation itself will take up space in the floodplain which will displace water. S. Laput said now there is no foundation so adding a foundation will take up a volume of space in the floodplain that can no longer be filled with water. S. Laput said whatever the volume of the foundation of the addition is needs to be compensated for. E. Dorante said they are not adding a significant amount. S. Laput said this needs to be shown on the plan. L. Varnum said the entire lot is below the flood elevation. L. Varnum expressed concern about an addition in the floodplain and said the applicant may wish to consider building up rather than constructing an addition. L. Varnum noted other properties in the area have found it challenging to find the compensation for lost floodplain. L. Varnum said based on the information needed and lack of a DEP number the application will need to be continued. E. Dorante said the info can be added by next week. Motion: P. Downs motioned, and S. Laput seconded the motion to continue the application to the October 25, 2023 Conservation Commission meeting. The motion passed unanimously, (4-0). Request for Determination of Applicability Massachusetts Mills III LTDP PTN 11 Beacon Street, Suite 432 Boston, MA 02108 Project Location: 95 Bridge Street, 01852 A Request for Determination of Applicability has been filed by Massachusetts Mills III LTDP PTN to conduct geotechnical soil boring testing at 95 Bridge Street within 100 feet of the Concord River. On Behalf: James Christensen, Applicant’s Representative J. Christensen said they are proposing 2 geotechnical borings to support an investigation to develop option for an ongoing issue along the Concord River. J. Christensen said the borings will be used to develop potential solutions. Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked for the duration of work. J. Christensen said the work is a 6-8 day exploration. L. Varnum asked if a monitoring well will be installed. J. Christensen said 1 monitoring well will be installed. L. Varnum asked whether the drilling will remain open until the well is installed. J. Christensen confirmed. P. Downs asked if the dirt will be taken off-site. J. Christensen said the drill cuttings will be disposed of off-site. L. Varnum asked if it is a permanent well. J. Christensen said it is not permanent but will remain in place until a remedial action is done, afterward it will be closed. J. Christensen said the walkway will be temporarily closed. Motion: P. Downs motioned, and S. Laput seconded the motion to issue a Negative 3 determination. The motion passed unanimously, (4-0). Request for Determination of Applicability Frederick Whitney 1226 Pawtucket Boulevard Lowell, MA 01854 Project Location: 1226-1239 Pawtucket Boulevard, 01854 A Request for Determination of Applicability has been filed by Frederick Whitney to remove a large tree limb within the 100 foot buffer zone of the Merrimack River. On Behalf: Frederick Whitney, Applicant F. Whitney said his neighbor has a tree with a large limb overhanging his property which threatens his carport and a portion of the home. F. Whitney noted recent trees having fallen. F. Whitney said he is working with a tree company and his neighbor to remove the limb. Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked if it is just a limb and not the whole tree being removed. F. Whitney confirmed it is just the limb being removed. L. Varnum said if the tree is a Silver Maple then it is a weaker tree at risk of falling. P. Downs said the limb appears to be a danger and the whole tree will not be removed, and it appears the tree should survive based on its size. Motion: P. Downs motioned, and M. Burns seconded the motion to issue a Negative 3 determination. The motion passed unanimously, (4-0). OTHER BUSINESS Election of Officers P. Downs motioned, and M. Burns seconded the motion to continue the item to the October 25, 2023 meeting. The meeting passed unanimously, (4-0). 9/27/2023 meeting minutes P. Downs motioned, and S. Laput seconded the motion to approve the meeting minutes. The motion passed unanimously, (4-0). ADJOURNMENT M. Burns motioned and P. Downs seconded the motion to adjourn the meeting. The time was 7:26PM.