Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS April 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: Chairman Buitenhuys, Kevin Dillon, Louisa Varnum, Perry Downs, Marie Burns Members Absent: Stephen Laput, Robert Ciccarelli 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 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. Buitenhuys said he doesn’t think engineer will find compensation. Wants to change opinion about what was requested as last meeting. Structure is a roof and walls. That should be our guidance regarding needing a grading plan. I don’t see any reason to not allow. This seems de minimus. I don’t think there is a workaround in the typical path we have followed. Thinking that, not having engineering evidence, my opinion would be to recant our request and not follow standard procedure given that this is not considered a “structure”. L Varnum said they understood there was no compensation on the parcel. I think the neighborhood was a consideration, it is all commercial as opposed to residential. Sometimes these projects take longer than anticipated. Personnel on Board changes. B. Buitenhuys said details are in the application. We can easily figure out the amount of fill. L. Varnum said plan didn’t show floodplain elevation. I wanted that added. B. Buitenhuys said that is reasonable. Even if we do request a chart, the addition of a chart and floodplain elevation, that’s not asking the engineering for grading sheet. LV asked if benchmarks are shown. It’s completely asphalted and those elevations aren’t going to change. That’s why I don’t think this should be a blanket statement. Each site needs to be looked at individually. BB said he does not want to require grading sheet. LV still wants to look at things on a case-by-case basis. P. Downs says he agrees with B. Buitenhuys, it’s a totally different structure than we’ve looked at in the past. Footings are small. Look at this as a project not affecting flood storage. This area is so built up. P. Downs doesn’t think they will find compensatory storage. B. Buitenhuys said sounds like everyone is OK with adding floodplain elevation and chart. Motion: P. Downs motioned to issue a Negative III Determination, seconded by K. Dillon, passed unanimously, (5- 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: F. Cigliano explained that staff had sent an additional letter asking the property owner to attend this meeting but did not hear back from the property owner. L. Varnum said the front of the property has code violations, the back has debris that has been there for a long time. Was used as a boys group home. The debris in the rear we are issuing the violation for appears to have been there for a long long time. Property owner is probably not responsible for what is in the rear. P. Downs said he hesitates to fine when the applicant doesn’t know what they’re being fined for. B. Buitenhuys said they can clean it up or leave it. P. Downs said take it off the agenda and it stays ratified. Put on agenda again in 6 months. Continue to monitor code enforcement. Motion: None NEW BUSINESS Notice of Intent Atlantic Oliver II 240 Industrial Ave, LLC 125 High Street, Suite 220 Boston, MA 02110 DEP #206-0829 Project Location: 240 Industrial Ave E 01851 The applicant is seeking to expand and reconfigure a parking area within the 100-ft. Buffer zone of River Meadow Brook. On Behalf: Mike Shunta, Applicant's Representative Speaking in Favor: None Speaking in Opposition: None Discussion: M. Shunta described the proposed changes to the site. B. Buitenhuys said he spent a lot of time on the path. Has no issues with the proposal. M. Shunta discussed tree removal. Don’t anticipate real tree removal. Looks all overgrown. Clean it up, loam and seed, landscaping plan. Beautify the site from existing conditions. Adding stormwater treatment and protect the resource more than it is today. Going through DEP processes. Big improvement. Protect resource to maximum extent practicable. L. Varnum confirmed not touching within 25ft of river. Wondering if they could add fence between river and the back of parking lot. L. Varnum said there’s a lot of trash out there and trash of any height would prevent trash blowing in toward the river if it gets loose. Looks like people are taking advantage of the vacancy to dump things back there. Keep that from occurring in the future. M. Shunta said they could propose a 6 foot chain link fence. L. Varnum said more than adequate. M. Shunta said there is a building egress they need to keep open. Fence would be near loading dock. Approx 10ft off pavement area and toward walking path. L. Varnum agreed that would help the situation going forward. M. Shunta added that they would be adding illumination as well. B. Buitenhuys said more activity would help the situation. Motion: K. Dillon motioned and P. Downs seconded the motion to close the public hearing. The motion passed unanimously, (5-0). P. Downs motioned and K. Dillon seconded the motion to issue a standard OOC. The motion passed unanimously, (5-0). OTHER BUSINESS 3/27 meeting minutes P. Downs motioned and K. Dillon seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). L. Varnum said it was brought to her attention recently that the people have expressed that the price of requesting an RDA has increased to the point where single-family landowner find this more expensive which could encourage people to violate rather than ask permission for basic projects. We kept fees for RDA filings low. F. Cigliano said that staff had kept it low. The ad to publish this is costing hundreds of dollars. I know newspapers charge by the inch. Wondering if we can ask them to consolidate ad. B. Buitenhuys suggested reaching out to the state legislature. ADJOURNMENT K. Dillon motioned and M. Burns seconded the motion to adjourn the meeting. The motion passed unanimously, (5-0). The time was 7:56PM.