Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS February 28, 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. This meeting was held both in person and virtually using Zoom. Members Present: Member Dillon, Member Buitenhuys, Member Varnum, Member Laput, Member Burns, Member Cicarelli Members Absent: Member Downs Others Present: Peter Cutrumbes, Assistant Planner CALL TO ORDER ORDER OF BUSINESS CONTINUED BUSINESS NEW BUSINESS Notice of Intent Meisner Brem Corporation 142 Littleton Road Suite 16 Westford, MA 01886 DEP #206-0827 Project Location: 4 Tamarack Street 01851 The Meisner Brem Corporation, on behalf of Melmar Properties LLC, has submitted a Notice of Intent (NOI) to extend Tamarack Street and construct a single-family home on the vacant lot located at 4 Tamarack Street. The lot is located fully within the 100-year flood plain. On Behalf: Ian Ainslie from Merisner Brem spoke on behalf of the applicant. He said the applicant is proposing to construct a house on piers due to its location in a flood zone. There will be stormwater mgmt on the property for the home as well as a rain garden for the driveway and for the roof. They are proposing no net loss for flood storage. The graded nature of the rain garden may provide additional flood storage. He noted that the project was previously approved with vents that would allow flood water to pass through, but MassDEP rejected. In Favor: None In Opposition: None Discussion: K. Dillon asked if there is a structure there already. I. Ainslie said no. L. Varnum said she remembers the project. She said she does not agree with the applicant’s statement “the pilings don’t take away from the flood storage”. L. Varnum said there is no chart showing the compensation provided for the sixteen pilings. I. Ainslie said they are 12 inch diameter wooden pilings and that technically they do take up a minimal amount of flood storage. He said MassDEP has allowed similar structures before without providing additional storage for the pilings, deciding that pilings provide a minimal loss to flood storage. He said each piling would probably take away 3 cubic feet of flood storage, with 48 cubic feet of flood storage taken away total. L. Varnum says she doesn’t see any area on the lot where compensation could be provided for the 48 cubic feet of flood storage loss. I. Ainslie said he can provide documentation that MassDEP does not count pilings towards flood storage. B. Buitenhuys said it is the policy of this board that pilings count and that historically the Commission does not approve projects that can’t provide compensation. L. Varnum said the rain garden is below the flood elevations so it has no impact on flood storage. L. Varnum also noted the new paving will take away flood storage. I. Ainslie said they would strip away 4 inches and replace it with 4 inches of asphalt so that the grade doesn’t change. B. Buitenhuys said that I. Ainslie is correct: perviousness does not apply to the road because a flood situation assumes the ground is saturated. L. Varnum says she does not think this project is possible on this lot. I. Ainslie said he can get updated plans in. Motion: B. Buitenhuys motioned to continue to the March 13 meeting with Marie Burns seconding. The vote was unanimous (6-0). Notice of Intent Phoenix Ave Realty, LLC 77 Concord Street North Reading, MA 01864 DEP #206-0828 Project Location: 55, 75, and 77 Phoneix Avenue 01852 Phoenix Ave Realty, LLC has submitted a Notice of Intent (NOI) to demolish the existing structures and construct 3 manufacturing garages totaling 53,438 square feet along with parking, landscaping, and drainage work. The proposed work will take place within the 100-foot buffer zone of a protected wetland. On Behalf: J. Geary spoke on behalf. The plan would demolish the existing buildings on site and build three new buildings. The site would be an expansion for Atlantic Millhouse, providing them office space and warehouse storage. The work would take place inside the buffer zone. J. Geary said he believes the stormwater mgmt would be improved. He noted the applicant is also required to receive Site Plan Review from the Planning Board. Jim Hanley from Civil Design Consultants spoke. He said the site is challenging and that this has been a long design process. The site is in the Light Industrial zoning district and is about 10 acres in size. About 50% of this is in the buffer zone. J. Hanley noted that there is no existing stormwater management, treatment, or recharge. He explained that all three buildings will be demolished. The development will replace all the hardpacked gravel with pavement or vegetation. J. Hanley said they exceed the state stormwater standards and the site will have a reduction in sheet flow into the wetland. He summarized the proposal as cleaning up an old site, stabilizing a soil system, reduction in stormwater peaks and volumes, and an increase in stormwater recharge. He noted that the City stormwater team has some concerns. Angie Verge, Landscape Designer. The overall goal was to provide a net ecological benefit to the area. The first step was to add more shade trees. There will be more than twice the required trees in the parking area. The second step is to revegetate the area with plants that can compete with the invasive plants on site. The third step was to include native pollinator plants, including many at the front of the property. In Favor: None In Opposition: None Discussion: K. Dillon asked for more information on the buffer wall. J. Hanley elaborated it will be a vegetated buffer and two small retaining walls in the back left corner. R. Cicarelli asked if anyone would park in the back of the lot near the wetland. J. Hanley said no, they deliberately shrunk the access way so that any parked cars would block it. P. Cutrumbes said that the City’s Stormwater team had some concerns about the stormwater system. He read the Stormwater email into the record. L. Varnum said she appreciated that the applicants have kept the Commission in the loop from the beginning. She noted that the vegetation buffer is going to help keep that edge from being degraded and clearly frame the workable space. L. Varnum asked if some wetland friendly plants could be considered as she feels it isn't always the best environment for the proposed junipers. She also noted that some of the current plants may provide food for the animals in the area. A. Verge said a lot of the plants she put in there are fruiting plants or trees that provide habitat. L. Varnum said she thought the plans were thorough. Motion: L. Varnum motioned to close the public hearing, seconded by S. Laput. The vote was unanimous, 5-0 (Member Buitenhuys had to depart the meeting). L. Varnum motioned to issue a Standard Order of Conditions, with the additional condition that any changes to the landscaping plan require ConCom notification. This was seconded by M. Burns. The vote was unanimous (5-0). Emergency Certification City of Lowell 375 Merrimack Street Lowell, MA 01852 Project Location: 145 Boylston Street 01852 An emergency certification was issued on 1/19/2024. The applicant needed to remove overgrown vegetation and debris from the Pollywog Pond outlet structure. The blockage was causing flooding and icing of the Pyne School parking lot. On Behalf: None In Favor: None In Opposition: None Discussion: L. Varnum said she believes this particular work would only be an improvement and she is comfortable ratifying. Motion: L. Varnum motioned to ratify the Emergency Certification with S. Laput seconding. The vote was unanimous (5-0). Enforcement Order Brian Kearney 55 Brentwood Street Malden, MA 02148 Project Location: 100 Lexington Avenue 01854 The violator cleared brush, vines, and other vegetation from a lot located within the 100-foot buffer zone as well as within the FEMA 100-Year flood zone without Conservation Commission approval. On Behalf: Brian Kearney appeared on behalf. He said he and his wife inherited the property in 2020. It is 99, 100, and 110 Lexington Ave. It was left to them to clean up. He said there was a tree on site being uprooted because it was covered with invasive vines, so he cut it down. He also noted it has been used as a dumping site so he cleared the brush to help clean the area more thoroughly. In Favor: None In Opposition: None Discussion: K. Dillon said this is a common case as many people are unaware the property is in a wetland or in the buffer zone. He asked how many trees came down. B. Kearney said 1 full tree and the removal of an existing stump. L. Varnum said some of those plants/trees that were removed have root systems that prevent water from spreading. She said the soil there is currently unstable and that planting needs to be done as soon as possible. She noted there is a large pile of vines and plant matter that needs to be removed. She recommended the enforcement order stay in place until the soil is stabilized and stressed that any further work would need an RDA. B. Kearney asked for clarification on what the Commission wants. They clarified he needs to remove the existing cut materials and plant some kind of ground cover that is easily maintainable. Motion: L. Varnum motioned to ratify the Enforcement Order until there is soil stabilization on the lot. This was seconded by S. Laput. The vote was unanimous (5-0). OTHER BUSINESS L. Varnum informed the Commission that the MAAC annual convention is this Saturday, March 2. ADJOURNMENT M. Burns motioned to adjourn with R. Ciccarelli seconding. The meeting was adjourned at 8:07 PM.