Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS July 17, 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: Brad Buitenhuys, Louisa Varnum, Kevin Dillon, Marie Burns, Roberto Ciccarelli Members Absent: Perry Downs, Stephen Laput Others Present: Dylan Ricker, Associate Planner CALL TO ORDER B. Buitenhuys called the meeting to order at 7:01pm with a quorum of members present. ORDER OF BUSINESS CONTINUED BUSINESS Request for Determination of Applicability Wendy Luna 155 Totman Street Lowell, MA 01854 Project Location: 155 Totman Street, 01854 A Request for Determination of Applicability has been filed by Wendy Luna seeking to construct two (2) decks at 155 Totman Street. The proposed work is within the 100-foot buffer zone of a protected wetland. On Behalf: Rafael Rivera, 155 Totman Street Sam Scarmise, Applicant’s Representative S. Scarmise said there was an existing deck, he is looking to rebuild where the deck was located before. S. Scarmise said the deck will have a roof over it. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if there will be any ground impact. S. Scarmise said no. B. Buitenhuys said he has no concerns. Motion: K. Dillon motioned, and M. Burns seconded the motion to issue a Negative 3 Determination. The motion passed unanimously, (5-0). NEW BUSINESS Request for Determination of Applicability MassDOT Highway Division 10 Park Plaza Boston, MA 02116 Project Location: VFW Highway (Route 110) A Request for Determination of Applicability has been filed by MassDOT Highway Division to make road improvements on the VFW Highway between the intersection with First Street Boulevard and the Dracut town line. The work is within the 100-foot buffer zone of the Merrimack River. On Behalf: Bridget Myers, Applicant’s Representative B. Myers presented the project, including the work area and explained the roadway improvements. Speaking in Favor: None Speaking in Opposition: James Harrington, Christian Street J. Harrington said the distance from the road to the river is about the same distance as the proposed work in Dracut. Discussion: B. Buitenhuys said he has had issues with Japanese Knotweed in the area, and said it would be important to contain the spread of invasive plant weeds. B. Buitenhuys said the applicant should avoid mowing the knotweed in a way that causes it to spread by turning it into seeds. K. Dillon asked the closes point of work to the resource area. B. Myers said the closest point is about 50 feet from the resource area. M. Burns asked about erosion and sediment control. B. Myers said they were considering compost filter tubes, MassDOT left the sediment control description vague to give the contractor more flexibility on what to use. B. Myers said they are presenting the project before Dracut as well. Motion: K. Dillon motioned to issue a Negative 3 Determination with the following condition: 1. Erosion control barriers shall be staked down to secure them. M. Burns seconded the motion. The motion passed unanimously, (5-0). Emergency Certificate City of Lowell Department of Public Works 1365 Middlesex Street Lowell, MA 01851 Project Location: Circuit Avenue & Felton Street, 01852 The City of Lowell Department of Public Works has requested an Emergency Certificate to create a small breach in a beaver dam to allow water to flow and abate a flooding emergency. The approval will not allow for whole dam removal. On Behalf: Paul St. Cyr, DPW Commissioner P. St. Cyr said there is suspected beaver activity in the area, and they need the Certificate to be able to move forward. P. St. Cyr said it was causing issues at the mouth of the culvert and they will be working with Wachusett Wildlife. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said this is to make sure it is standard practice and the issue is needed to resolve flooding. B. Buitenhuys asked where the beavers are taken. P. St. Cyr said they are relocated and he can provide the exact location, and added they are live relocated. Motion: R. Ciccarelli motioned, and B. Buitenhuys seconded the motion to ratify the Emergency Certificate. The motion passed unanimously, (5-0). Enforcement Order Berkley Development, LLC 16 Pulpit Rock Road Pelham, NH 03076 Violation Location: 129 Llewellyn Street & 115 Christian Street, 01850 An Enforcement Order has been issued to Berkeley Development, LLC for filling within the buffer zone to a protected wetland. On Behalf: Jeff Miller, Owner Discussion: B. Buitenhuys said the Enforcement Order stemmed from a prior determination made by the Conservation Commission that a wetland was present on the site. B. Buitenhuys summarized the background on the property. B. Buitenhuys noted the applicant has appealed the Commission’s decision to MassDEP. B. Buitenhuys said fill was found in the wetlands areas in hydric soils. K. Dillon said he believes the fill should be removed, but they should wait until the State weighs in. Dillon said the Commission is typically stringent on fill in the buffer zone. R. Ciccarelli asked what the fill would be replaced with. B. Buitenhuys said the goal would be returning it to its original state. B. Buitenhuys said since the decision has been appealed he believes the Commission should let MassDEP make a determination before the Commission debates remediation. B. Buitenhuys said construction can’t take place at this point and work can’t continue until there is a determination. J. Miller said they aren’t planning on doing work until after the appeal is decided. B. Buitenhuys said it is in the best interest of the Commission to continue. B. Buitenhuys asked the applicant if they would like to discuss remediation tonight. J. Miller said he’d like to wait until after the appeal is decided. Motion: K. Dillon motioned, and R. Ciccarelli seconded the motion to continue the Enforcement Order to the August 7th Conservation Commission meeting. The motion passed unanimously, (5-0). Order of Conditions Extension Markley Group, LLC 1 Summer Street, 5th Floor Boston, MA 02110 Project Location: 2 Prince Avenue, 01852 The Markley Group, LLC has applied for an extension to their Order of Conditions (DEP # 206-0787) issued for work associated with the front parking lot, retaining wall, and other related work. The applicant is requesting a 6-month extension. On Behalf: Anna Jahn, Applicant’s Representative A. Jahn presented the proposal, and summarized the progress on the site. Tony Moura, Applicant’s Representative Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys noted the Commision attended a site visit at the property last week. B. Buitenhuys said he understands the delays for the project. K. Dillon asked if there were any changes to the plans. A. Jahn said there are no changes, and they are filing a new NOI for updates. Motion: M. Burns motioned, and R. Ciccarelli seconded the motion to extend the Order of Conditions for 6 months. The motion passed unanimously, (5-0). OTHER BUSINESS 6/26 Meeting Minutes M. Burns motioned, and K. Dillon seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). ADJOURNMENT K. Dillon motioned and M. Burns seconded the motion to adjourn the meeting. The motion passed unanimously, (5-0). The time was 7:30PM.