Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS March 13, 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: Chairman Buitenhuys, Louisa Varnum, Kevin Dillon, Perry Downs, Stephen Laput Marie Burns, Robert Ciccarelli 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 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, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked about columns. I. Ainslie said he didn’t feel like compensation is necessary. G. Bogue from MassDEP had stated that flood storage displaced by piers would be de minimus. B. Buitenhuys said the commission has become more strict over time. L. Varnum said the Commission hasn’t issued a Certificate of Compliance for a similar project at 7 Avalon Street yet. Discusses elevations and compensation. L. Varnum said DEP admitted approving pilings without compensation is at their discretion, not the discretion of local level. We have been called out once on this for not getting the required compensation in the act. Asking us to make the same mistake twice. If you’re confident DEP will allow this, go for it. They’re not as busy as they were. You did have the ability to appeal it and that didn’t happen. It’s not our fault that you haven’t gotten approval yet. We have our marching orders in the WPA. K. Dillon motioned to close public hearing, seconded by M. Briere, the motion passed unanimously, (7- 0). I. Ainslie said he agrees that the Commission is not MassDEP. UI understand that they get guidance on how to interpret the regulations. Can rely on their opinions reasonably. I. Ainslie asked for continuance to revise the compensation calculations and to get more explicit guidance from MassDEP. L. Varnum said the point of continuing initially was to try to get more compensation. Not here to correct your work. We want compensation and there’s no compensation on this lot. If you feel it is permittable by another dept of the state, then that’s your pathway. B. Buitenhuys thinks that getting MassDEP approval now would be overstepping the process. We make a decision and then if you don’t like it you can appeal. Requesting a letter from MassDEP now would be outside of general process of how this works. This is how this board has decided these cases. B. Buitenhuys suggested taking a decision or withdrawing the application. Motion: L Varnum motioned to deny the application as presented for the same reasons that MassDEP denied the application in their Superseding Order of Conditions issued in 2021. It does meet the requirements of the WPA Section 3.1.0 CMR 10.5.7.4.a(1) which state that there must be compensatory storage for the fill that will be introduced to the floodplain as part of this proposal. Without this compensation the Commission is unable to allow this project to move forward. K Dillon seconded the motion and it passed unanimously, (7-0). NEW BUSINESS Request for Determination of Applicability Steven Pereira 29 Ludlam Street Lowell MA 01850 Project Location: 29 Ludlam Street 01850 A Request for Determination of Applicability has been filed by Steven Pereira to construct a garage within the 100-foot buffer zone of a protected wetland. On Behalf: Steven Perreira, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if the nearest point of the proposed work to the wetland is 75-85ft, and a portion of the work would be outside of the 100-ft. buffer zone. S. Periera said yes. B Buitenhuys asked if driveway is within 100ft buffer zone. S. Pereira said no. B. Buitenhuys asked about the garage. S Pereira said it would be a 25’x30’ metal garage. B. Buitenhuys asked if it will have a foundation. S Pereira said it will be just a slab, with stud walls with metal sheeting. L. Varnum said that there is a wetland that runs opposite from the Sunrise Shopping Center and across a couple of streets. Basically a wooded swamp. Have never seen a whole lot of flooding or standing water there. We strictly maintain a 50ft setback on residential lots. This is a bit different, neighborhood is completely dense. Wetland property is owned by the power company. Don’t think they use it for anything. Mostly fenced on wetland side. Our 50ft setback is to prevent encroachment to leave space for families to enjoy outdoors on their lot. I think even if this isn’t 50ft, this is a well-defined lot with a fence. Private property beyond may or may not be wet but I don’t remember it flooding. Motion: K. Dillon motioned and P. Downs seconded the motion to issue a Negative III Determination. The motion passed unanimously, (7-0). Emergency Certification Wat Lao Mixayaram of NE Inc 45.1 Bernier Street Lowell MA 01852 Project Location: 45.1 Bernier Street 01852 An emergency certification was issued to Wat Lao Mixayaram of NE Inc to remove the fallen tree that is leaning on a wall on the property within 100-ft of the buffer zone to bordering vegetated wetlands. On Behalf: Aphayphet Dellefemine, Property Owner’s Niece Speaking in Favor: None Speaking in Opposition: None Discussion: A. Dellefemine said tree was removed. B. Buitenhuys said he saw the tree. There’s no saving the tree. It has to come down. No concerns. Motion: L. Varnum motioned and K. Dillon seconded the motion to ratify the Emergency Certification. The motion passed unanimously, (7-0). L. Varnum reiterated that the tree should not be disposed of in the wetlands or wetlands buffer. OTHER BUSINESS 1/10 meeting minutes 2/28 meeting minutes K. Dillon motioned and P. Downs seconded the motion to approve the meeting minutes. The motion passed unanimously, (7-0). F. Cigliano shared that Lowell Forward is wrapping up. B. Buitenhuys shared that the Lowell Litter Krewe season is kicking off again. Thanks as always to the volunteers. ADJOURNMENT M. Burns motioned and S. Laput seconded the motion to adjourn the meeting. The motion passed unanimously, (7-0). The time was 7.37PM.