Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS August 7, 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, Stephen Laput, Marie Burns, Roberto Ciccarelli Members Absent: Louisa Varnum, Kevin Dillon, Perry Downs Others Present: Dylan Ricker, Associate Planner CALL TO ORDER B. Buitenhuys called the meeting to order at 7:00pm with a quorum of members present. ORDER OF BUSINESS CONTINUED BUSINESS Enforcement Order Brian Kearney 55 Brentwood Street Malden, MA 02148 Project Location: 100 Lexington Avenue, 01854 An Enforcement Order has been issued to Brian Kearney for clearing brush, vines, and other vegetation within the 100-foot buffer zone of a protected wetland and within the 100-year floodplain. On Behalf: Brian Kearney, Property Owner Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said they have received photos of the site, and he is satisfied with the remediation work. Motion: M. Burns motioned, and R. Ciccarelli seconded the motion to rescind the Enforcement Order. The motion passed unanimously, (4-0). Enforcement Order Berkeley Development, LLC 16 Pulpit Rock Road Pelham, NH 03076 Project 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: None Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said MassDEP has not made a decision on the appeal yet. Motion: R. Ciccarelli motioned, and M. Burns seconded the motion to continue the Enforcement Order to the 9/11 Conservation Commission meeting. The motion passed unanimously, (4-0). NEW BUSINESS Request for Determination of Applicability MassDOT Highway Division 10 Park Plaza Boston, MA 02116 Project Location: Princeton Boulevard (Route 3A) A Request for Determination of Applicability has been filed by MassDOT Highway Division to conduct drainage maintenance along Princeton Boulevard at Black Brook Culvert. The proposed work is within the 100-foot buffer zone to the Black Brook. On Behalf: Alexa Marquis, Applicant’s Representative A. Marquis explained the proposed work. A. Marquis said there would be temporary impacts to the bank while they remove debris from the culvert. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if the dead wood would be removed. A. Marquis confirmed and said any of the debris will be removed so better conditions can be established for the culvert. B. Buitenhuys asked what type of machinery would be used. A. Marquis said a small excavator that would be on the roadway. Motion: S. Laput motioned, and M. Burns seconded the motion to issue a Negative 3 Determination. The motion passed unanimously, (4-0). Notice of Intent Markley Group 1 Summer Street, 5th Floor Boston, MA 02110 Project Location: 2 Prince Avenue (1 Markley Way), 01852 A Notice of Intent has been filed by the Markley Group to install new generators and utility infrastructure within the 100-foot buffer zone of a protected wetland. On Behalf: Anna Jahn, Applicant’s Representative A. Jahn explained the proposal. A. Jahn said the applicant intends to add generators. A. Jahn explained the site work and maintenance on drainage infrastructure. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys expressed concern about the work in the 25 ft buffer zone, and said the Commission does not typically allow disturbance within 25 ft. B. Buitenhuys said he is not concerned about the work inside of the retaining wall. A. Jahn said it is their intent to avoid any impact in the future. A. Jahn said they want the drainage infrastructure in case of emergency. B. Buitenhuys asked if the drainage infrastructure can be further from the river. A. Jahn said there is a lot of electrical under the road they are trying to avoid. A. Jahn said they could look at installing an elbow instead of a structure if it is less intrusive than the structure. B. Buitenhuys asked if the pipe could be repaired. A. Jahn said the crack is significant and their recommendation is to replace and reline the pipe. B. Buitenhuys said his preference would be to repair and utilize the existing line as a backup. B. Buitenhuys said he is concerned about the extent of work right next to the Brook. B. Buitenhuys asked for the lifetime of the generator. A. Jahn said 50 + years. A. Jahn said they are not concerned with clogs, just the structural integrity. A. Jahn said they’d like to relocate so it is not below generators. B. Buitenhuys expressed concern, A. Jahn said they could remove the second bypass line. S. Laput asked if the retaining wall has been built along the north side of the property. A. Jahn said it is in the process of being built with an expected completion of March 2025. S. Laput asked if the excavation extends out where the drainage infrastructure will be located. A. Jahn confirmed. S. Laput asked if there will be further disturbance. A. Jahn said there will be no further disturbance. B. Buitenhuys asked if the structure can be on the inside of the retaining wall so if maintenance is needed it can be done from the inside. A. Jahn said she does not think this is possible because of the elevation. A. Jahn said the existing RCP pipe that does from the building to the Brook goes out of the retaining wall into the Brook. A. Jahn said the catch basin is proposed to tie into the stormwater infrastructure. B. Buitenhuys asked if one pipe was installed whether the existing pipe would be kept. A. Jahn said the logistics of repairing the pipe is the applicant needing to go into the Brook with machinery. A. Jahn said they would have to cap and abandon the existing pipe in place. B. Buitenhuys asked if the applicant would consider allowing a segment below the generator. A. Jahn said they prefer not to have a line go below the generator. A. Jahn said since the area is already disturbed there may not be much benefit. B. Buitenhuys asked if the back of the generator touches the ground. A, Jahn said the ends of the generator are much less weight and it is about 2 feet of the ground, but with posts to old up the hood. A. Jahn said a taller structure isn’t an issue, the issue is the angles. B. Buitenhuys said he is concerned with the distance to bank. A. Jahn said they can look at that. B. Buitenhuys said his concern is the 3 structures and the piping. A. Jahn said they can submit a plan for record showing the changes including the removed bypass pipe, and constructing the retaining wall on a diagonal. B. Buitenhuys said given the proximity to the wetland he would like to see the changes prior to approving. Motion: R. Ciccarelli motioned, and S. Laput seconded the motion to continue the application to the 9/11 Conservation Commission meeting. The motion passed unanimously, (4-0). OTHER BUSINESS 7/17 Meeting Minutes M. Burns motioned, and R. Ciccarelli seconded the motion to approve the 7/17 meeting minutes. The motion passed unanimously, (4-0). ADJOURNMENT M. Burns motioned and R. Ciccarelli seconded the motion to adjourn the meeting. The motion passed unanimously, (4-0). The time was 7:32PM.