Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS May 8, 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, Member Varnum, Member Dillon, Member Downs, Member Laput, Member Burns, Member Ciccarelli Members Absent: Others Present: Peter Cutrumbes, Assistant Planner CALL TO ORDER A quorum of members was present, and B. Buitenhuys called the meeting to order at 7:00 PM ORDER OF BUSINESS CONTINUED BUSINESS 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: Applicant was not in attendance. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys proposed moving to a six month check in. Motion: P. Downs motioned to continue to the November 11th meeting. K. Dillon seconded. The vote was unanimous (7-0). Request for Determination of Applicability Elaine Pantano 74A Roper Street Lowell, MA 01852 Project Location: 74 Roper Street 01852 A Request for Determination of Applicability has been filed by Elaine Pantano to extend the drainage pipe system at 74 Roper Street. The proposed work is within the 100-foot buffer zone of a Bordering Vegetated Wetland. On Behalf: Elaine Pantano Pantano spoke on behalf. She said in the original plans from August 1985, a drain into the swale similar to what they have proposed was approved. She is not sure why it was never built. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys noted that the original Planning Board approved plans had this system on it. The other catch basins in the neighborhood are connected to the swale. He does not think they are protecting a significant amount by treating this water when so many other catch basins drain into the swale. S. Laput said he took a drive by. The Commission gave a negative 3 determination a year ago to repave the area. He noted at that time they knew some of the rain would run off the driveway into the stream. He took this to mean they approved some amount of runoff into the stream last year. Motion: K. Dillon motioned to issue a negative 3 determination, with M. Burns seconding. The vote was unanimous (7-0). NEW BUSINESS Request for Determination of Applicability Gregg Bonheur 58 River Road Lowell, MA 01852 Project Location: 58 River Road 01852 A Request for Determination of Applicability has been filed by Gregg Bonheur to construct a poolhouse. The proposed work is within the 100-foot buffer zone of a protected wetland. On Behalf: Gregg Bonheur came to speak on his own behalf. He applied for permit for the foundation. DPD caught it and said ConCom had to approve. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said it is a standard foundation and frost wall. The request to protect the wetlands would be to set up a straw waddle or silt fence downhill to keep from eroding soil into the wetlands, which would stay up during the entirety of construction. P. Downs noted the project is just barely in the resource area. Motion: K. Dillon motioned to issue a negative 3 determination with the condition that an erosion control barrier consisting of a straw waddle or silt fence is constructed during the entirety of construction. P. Downs seconded. The vote was unanimous (7-0). Request for Determination of Applicability Rachael Montanez 540 Wentworth Avenue Lowell, MA 01852 Project Location: 540 Wentworth Avenue 01852 A Request for Determination of Applicability has been filed by Rachael Montanez to construct an above ground pool. The proposed work is within the 100-foot buffer zone of a protected wetland and within the FEMA 100-Year flood plain. On Behalf: Rachael Montanez spoke on her own behalf. She said Debi Gregor from her pool company is also on Zoom. R. Montanez noted wetlands are usually dry during the year except for spring. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said the main concern is the pumping out of the pool. They need to make sure it is pumped away from the wetlands due to chemicals in the pool water. M. Burns asked for the dimensions of the pool. D. Gregor said 12 x 20 x 4. R. Montanez said she has an elevation certificate from when they went for flood insurance, which she presented to the Commission. B. Buitenhuys said the base flood elevation is 126, and noted that the lowest grade around the foundation is 1.9 feet higher than the flood zone. R. Montanez said the backyard slopes down and away. B. Buitenhuys asked how much lower the elevation of the pool is compared to where the foundation is. She said around 1.5 feet. B. Buitenhuys said the pool still has some height over the flood zone. R. Ciccarelli asked if they are going to dig down a little bit and even out. R. Montanez said there will not be much digging but there will be some sand under the liner. D. Gregor said this is a leveling only pool, with maybe only 1.5 inches of digging on one end to make it level. Motion: P. Downs motioned to issue a negative 3 determination, with R. Ciccarelli seconding. The vote was unanimous (7-0). OTHER BUSINESS 4/24 meeting minutes P. Downs motioned to approve the minutes, with M. Burns seconding. The vote was unanimous (7-0). ADJOURNMENT K. Dillon motioned to adjourn, seconded by P. Downs. The vote was unanimous (7-0). The meeting was adjourned at 7:22 PM.