Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS January 10, 2024 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 B. Buintenhuys 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: Nimesh Patel, Property Owner Discussion: B. Buitenhuys asked if there is a replacement plan. N. Patel said no. B. Buintenhuys asked about trees that were removed. N. Patel said they started cleaning things up, 10 feet of brush into the parcel. Didn’t cut any big trees. P. Downs clarified that they did not cut down any trees, the tree was already down. Motion: K. Dillon motioned to rescind the EO. Seconded by P. Downs, passed unanimously, (6-0). Notice of Intent Toussak Sokhom 59 Martin Street Lowell, MA 01854 DEP #: 206-0824 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 Durante, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys still disagrees with how data is presented. Provided more cut lower, but down have cut in higher elevation. E. Durante said there is no higher elevations. E. Durante said it’s a small area. B. Buitenhuys said we can’t allow houses that don’t meet legislation to be construction. B. Buitenhuys said there’s already a house here. Already a resident of Lowell. L. Varnum said even though he’s giving compensation figures, I fail to see where the cut is coming from. Still has a solid wall with a smart vent in it. I don’t see where he’s taking out material. We’ve had situations in this neighborhood where DEP - if we approve it - has denied it. It’s not like our approving it will let them proceed. It seems fairly obvious the lack of compensation on this lot. I suggested homeowner going up and using existing footprint of house instead of expanding laterally. I don’t think figures are there to allow us to approve this even if it’s a small amount. This neighborhood already has a flooding problem. It’s not a plan that works. B. Buitenhuys said the project doesn’t meet the guidelines. E. Durante said he knew it would be hard to meet standard. B. Buitenhuys said impossible. E. Durante agreed it would be impossible. Motion: P. Downs motioned to close the public hearing. Seconded by K. Dillon, passed unanimously, (6-0). L. Varnum motioned to deny project as presented because it does not meet WPA and Lowell Wetlands Ordinance performance standards. Specifically, the project does not provide enough compensation for the amount of fill that is being proposed in 68-69 and 69-70 elevation ranges. The motion was seconded by P. Downs and passed unanimously, (6-0). NEW BUSINESS Notice of Intent Alexandros Papadopoulos PO Box #1903 Lowell MA 01851 DEP #206-0826 Project Location: 205 Pratt Ave 01851 Alexandros Papadopoulos has submitted a Notice of Intent (NOI) to construct a 5-story multi-family building with 40 units within 100-ft of a bordering vegetated wetland and 100-year floodplain. On Behalf: John Cox, Applicant’s Representative Matt Hamor, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said they squeezed our requirements to the inch. A lot on the site. Didn’t feel that far away. M. Hamor said a lot of the building is where the back pavement area is. B. Buitenhuys said I only had one technical question regarding deep sumps. B. Buitenhuys asked if they are concerned about groundwater. M. Hamor said system is above season height groundwater. They did deep hole testing to do that determination. B. Buitenhuys asked why the buildings are pushed as far down on the site and Lower in elevation. Was this to minimize piping? M. Hamor said naturally the grading dictates where flow is going. M. Hamor said they could demarcate wetland setbacks. B. Buitenhuys added that ‘no snow storage’ signs would also be helpful. B. Buitenhuys added it was good to add a traffic light at that location. M. Hamor said there would be a fair amount of improvements. Provided easements to the City. Told TEC that we would provide those easements. M. Hamor noted that a DEP # has been issued for the filing. Motion: P. Downs motioned and Marie Burns seconded the motion to close the public hearing. The motion passed unanimously, (6-0). P. Downs motioned to issue a standard City of Lowell Order of Conditions with the following special conditions: 1. The applicant shall install a fence along the line where erosion control line is currently located; and  2. A sign prohibiting snow storage and a post and rail fence shall be installed along the property line directly to the rear of the proposed new building. The motion was seconded by L. Varnum and passed unanimously, (6-0). Request for Certificate of Compliance Bill Renaud PO Box 58 Dracut MA 01826 DEP #206-0818 Project Location: 105 Martin Street 01854 The applicant is seeking a Certificate of Compliance relative to DEP #206-0818. On Behalf: Paul Campbell, Chess Engineering, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: L. Varnum asked if the original plan has a garage in the rear. P. Campbell said there is a garage at the ground level of the building but not in the rear. Motion: L. Varnum motioned and M. Burns seconded the motion to issue a Negative III Determination. The motion passed unanimously, (6-0). Request for Determination of Applicability City of Lowell 375 Merrimack Street Lowell, MA 01852 Project Location: Westford Street/Stedman Street Intersection 01851 The City of Lowell is applying for approval for roadway improvements located within the 100-ft buffer zone of a protected wetland. On Behalf: Rebecca Clark, TEC Engineering, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned and K. Dillon seconded the motion to issue a Negative III Determination. The motion passed unanimously, (6-0). Request for Certificate of Compliance Robert H. Keirce 55 Gagnon Road Lowell MA 01854 DEP # 206-0817 Project Location: 55 Gagnon Road 01854 The applicant is seeking a Certificate of Compliance relative to DEP #206-0817. On Behalf: Robert Keirce, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned and M. Burns seconded the motion to issue the Certificate of Compliance. The motion passed unanimously, (6-0). Request for Determination of Applicability Massachusetts Electric Company 170 Data Drive Waltham, MA 02451 Project Location: East of 1 Kyan Street 01851 The applicant is seeking approval to do approximately 15 soil borings on the site to determine the extent of contaminated soil on the site. The work will be within the 100-ft. Buffer zone of the Pawtucket Canal. On Behalf: Joe Higgins, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked about the status of the property and if anyone is residing there. J. Higgins said it is vacant land. Occasionally homeless people there. J. Higgins said lots of fenced off parcels. There’s nobody living down there. We use one of the parcels to store materials. Otherwise it’s vacant. B. Buitenhuys said he has picked up trash in that area. Are there any plans to remediate if you find contaminants? J. Higgins said yes. B. Buitenhuys asked for the timeline. J. Higgins said property owners would need to agree to a plan. B. Buitenhuys said there are PCBs out there but don’t know extent? J. Higgins said yes. L. Varnum asked how long is the boring hole open for? J. Higgins said should be done with investigation work within 3 days. Motion: K. Dillon motioned and P. Downs seconded the motion to issue a Negative III Determination. The motion passed unanimously, (6-0). Emergency Certification DeFelice Corporation 28 Silva Lane Dracut MA 01826 Project Location: Pawtucket Boulevard/Varnum Ave 01854 An emergency certification was issued on 12/20/2023. The applicant was performing water main work per the DOA issued on 12/9/2021. The culvert where Claypit Brook passes under Pawtucket Boulevard failed and flooded the adjacent excavation site. On Behalf: Todd Procope, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned and S. Laput seconded the motion to ratify the Emergency Certification. The motion passed unanimously, (6-0). OTHER BUSINESS 11/8/2023 meeting minutes K. Dillon motioned and P. Downs seconded the motion to approve the meeting minutes. The motion passed unanimously, (6-0). ADJOURNMENT K. Dillon motioned and P. Downs seconded the motion to adjourn the meeting. The time was 8:34PM.