Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS March 27, 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, Perry Downs, Stephen Laput Marie Burns, Robert Ciccarelli Members Absent: Kevin Dillon 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 NEW BUSINESS Request for Determination of Applicability Suryatech EV Power LLC 48 Riley Road Tyngsboro, MA 01879 Project Location: 1460 Middlesex Street 01851 A Request for Determination of Applicability has been filed by Suryatech EV Power LLC seeking to install an EV charging station at 1460 Middlesex Street. The proposed work is within the 100-Year FEMA flood plain. On Behalf: Mayur Kamalakar, CEO Suryatech EV Power LLC Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buintehuys asked about the intersection of electricity and flooding. M. Kamalakar said 5.5 feet up has electronic components. The structure is over 7 feet high. B. Buitenhuys said the Commission been strict about adding to flood zone without adding compensation. B. Buitenhuys said there are two separate issues: charging station and solar rack. Why do they have to be in the same place? P. Downs said compensation is an issue. B. Buitenhuys explained floodplain compensation. B. Buitenhuys said if you can find compensation this is easy. If you can’t, we have to decide whether to allow it. S. Laput said to be consistent with other projects, they have to ask for detailed information about grades, floodplain elevations to understand the impact. Secondly, he has begun to question approach of how they are regulating pylons in floodplain. When you read the letter of the law, it does give the Commission some discretion in deciding these things. The law doesn’t say you absolutely need to have compensation. In Newburyport and Plum Island, all the homes are on stilts. I’m questioning approach. I’m looking for guidance from somebody. As I’ve started reading text of law in more detail, wondering if there is more leeway especially when it is Middlesex Street. M. Kamalakar added that somehow there is a gas station in the floodplain. B. Buitenhuys said we are taking the stance that we have because floods aren’t getting any better. L. Varnum added foot by foot calculations are needed. Case by case discretion is something that should be taken account. L. Varnum said EV charging stations are needed in Lowell. There aren’t residents living nearby and that’s what concerns me most about fill in the floodplain. I would take that into account. I’m also wondering if this requires zoning or planning board approval. If we can get plans to include volume of fill foot by foot and floodplain elevation, we have something to go back to once construction is completed. Need something on record. Would be amenable to approving something like this. In my mind this is de minimus. B. Buitenhuys asked F. Cigliano if moving forward, all floodplain projects include a table of floodplain elevation and volume of fill foot by foot. F. Cigliano said yes, can request this from applicants moving forward. Motion: P. Downs motioned and M. Burns seconded the motion to continue the item to the 4/10 ConCom meeting. The motion passed unanimously, (6-0). Order of Conditions Extension Boston Gas Company d/b/a National Grid 170 Data Drive Waltham, MA 02451 Project Location: Kyan Street 01851 The applicant is seeking an extension to their Order of Conditions (DEP #206-0666) issued for Immediate Response Action (IRA) activities conducted under the Massachusetts Contingency Plan (MCP) in the Pawtucket Canal adjacent to Kyan Street. The applicant is seeking a three (3) year extension. On Behalf Mark Mahoney, Applicant’s Engineer Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned and R. Ciccarelli seconded the motion to grant a 3-year extension. The motion passed unanimously, (6-0). Enforcement Order Sy Dang 258 Varnum Ave Lowell MA 01854 Violation Location: 258 Varnum Ave 01854 Enforcement order due to debris dumping within the 100-year floodplain. On Behalf None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned and M. Burns seconded the motion to continue the item to the 4/10 Conservation Commission meeting. The motion passed unanimously, (6-0). OTHER BUSINESS 3/13 meeting minutes P. Downs motioned and S. Laput seconded the motion to approve the meeting minutes. The motion passed unanimously, (6-0). ADJOURNMENT M. Burns motioned and R. Ciccarelli seconded the motion to adjourn the meeting. The time was 7:34PM.