Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS November 8, 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: None 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 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 K. Patel said that they had removed items that were cut. Disposed of them. Sent pictures and came in the office. Discussion: L. Varnum asked what they would like to do on the property. K. Patel said they would get the land surveyed and would ask for permits. Looking to construct something there. L. Varnum said that they would not want to clear cut anything in the flood plain. The applicant should apply for a Request for Determination of Applicability with Conservation staff prior to doing any further work. Motion: P. Downs motioned to continue the item to the December 13 Conservation Commission meeting. The motion was seconded by M. Briere and passed unanimously, (6-0). Notice of Intent City of Lowell 375 Merrimack Street Lowell, MA 01852 DEP #: 206-0825 Project Location: 431 First Street, 01850 A notice of intent has been filed by the City of Lowell to upgrade the existing Duck Island Waste Water Treatment Facility at 431 First Street Boulevard. On Behalf: Evan Walsh, Lowell Regional Wastewater Utility Speaking in Favor: None Speaking in Opposition: None Discussion: E. Walsh said the project will be taking place on a previously disturbed area. L. Varnum asked if the materials stored and treated there were hazardous. E. Walsh said yes but it is completely contained. There’s no way this could spill and get into the river. L. Varnum said new building will be further away from the resource which is a plus. L. Varnum noted that they would be including erosion control. L. Varnum said the application is very complete. Motion: P. Downs motioned to issue a standard City of Lowell Order of Conditions. The motion was seconded by S. Laput and passed unanimously, (6-0). NEW BUSINESS Request for Certificate of Compliance Phoenix Avenue LLC 3000 Rainmaker Street Prescott AZ 86305 DEP #206-382 Project Location: 55 Phoenix Ave 01852 Request for Certificate of Compliance for the buildings at 55 Phoenix Ave (DEP #206-382). On Behalf: Robert Hundtermark, Applicant’s Attorney R. Hundtermark said that they are cleaning up the record for this property. 20-year-old Order of Conditions needs to be closed out from a prior landowner. Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: K. Dillon motioned to issue a standard Certificate of Compliance with no special conditions. The motion was seconded by S. Laput and passed unanimously, (6-0). OTHER BUSINESS Election of Officers L. Varnum said she is going to take a break from being the chair and is looking forward to making motions. Looking for a chairman and vice chairman. K. Dillon nominated B. Buitenhuys as Chairman, seconded by P. Downs, passed unanimously, (7-0). M. Burns nominated K. Dillon as Vice Chairman, seconded by B. Buitenhuys, passed unanimously, (7-0). 10/25/2023 meeting minutes K. Dillon motioned and S. Laput seconded the motion to approve the minutes. The motion passed unanimously, (7-0). ADJOURNMENT M. Burns motioned and S. Laput seconded the motion to adjourn the meeting. The motion passed unanimously, (7-0). The time was 7:45pm.