Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS September 11, 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: Chairman Brad Buitenhuys, Commissioner Kevin Dillon, Commissioner Perry Downs, Commissioner Roberto Cicarelli Members Absent: Commissioner Burns Others Present: Peter Cutrumbes, Assistant Planner CALL TO ORDER B. Buitenhuys called the meeting to order at 7:00pm with a quorum of members present. The Commission held a moment of silence for former Commissioner and long-time Commission Chair Louisa Varnum. K. Dillon offered brief remarks in memoriam. He noted Louisa’s kindness and extensive knowledge on Conservation Commission matters. Her passing will be a significant loss to the Commission and the community as a whole. ORDER OF BUSINESS CONTINUED BUSINESS 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 noted that the EO is now null and void. MASSDEP overturned the Commission’s determination that there is a wetland on site. Motion: K. Dillon motioned to rescind the enforcement order, with P. Downs seconding. The vote was unanimous (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 from Stantec spoke on behalf of the applicant. She noted that at the previous meeting there was discussion around drainage issues within the 25-foot area. They have removed the bypass line and redesigned the 30-inch drain replacement so that there is only one structure that is minimally invasive within the area. Speaking in Favor: None Speaking in Opposition: Jacquelyn Coles spoke as a representative for the neighborhood. The City has aimed for lofty environmental goals by 2030. She thinks there should be a discussion about using batteries on the site as opposed to diesel generators. Jake Fortes is an abutter at 36 Iowa Street who spoke with concerns about the water tanks. He is additionally concerned about the outflow pipe being beyond the retaining wall. Does not feel it meets the Commission’s comments from last meeting. B. Buitenhuys said the Commission’s request was that any additional structures were moved from the low side to the high side. Pipe needs to daylight beyond the retaining wall. It is replacing the existing pipe, which daylights there. B. Buitenhuys acknowledged Ms. Coles’ and Mr. Fortes’ points but said he has limited authority under the WPA in regards to this specific project. They cannot regulate anything outside of that statute. Eileen Castle of 64 Otis Street also spoke. She mentioned the site slopes from Agawam Street to Andrews Street. All the stormwater flows down to the low point at Markley, creating runoff and pooling issues for the neighborhood. Feels neighborhood is disenfranchised. B. Buitenhuys said it sounds like her comments may not relate to the water issues on Markley’s site specifically. The proposed plans would increase water infiltration. This pipe is only being installed for the 100-year flood event. B. Buitenhuys said he acknowledges the concerns of E. Castle and would be happy to speak to her, but feels that a project that is specifically the pipe is ok. E. Castle asked how generators will change the water on site. A. Jahn said they have done an analysis and added three infiltration systems as well as a potential solids filter within that runoff. The flow leaving the site in the post-construction condition is much lower than the pre-construction condition. Stressed that the pipe is strictly repair work. Discussion: B. Buitenhuys said he feels this addresses the comments from the last meeting. Motion: P. Downs motioned to close the public hearing with R. Ciccarelli seconding. The motion was unanimous (4-0). P. Downs motioned to issue a City of Lowell standard Order of Conditions, with R. Ciccarelli seconding. The vote was unanimous (4-0). NEW BUSINESS Notice of Intent Lex Estates, LLC 394 Lowell Street Lexington, MA 02420 MASSDEP #206-0833 Project Location: 63 Chambers Street 01851 A Notice of Intent has been filed by Lex Estates, LLC to demolish the existing structures and construct two new three-unit buildings at 63 Chambers Street. The subject property is located in the Traditional Multi-Family (TMF) zoning district. Portions of the work will take place within the 100-foot buffer zone of Hales Brook. On Behalf: Matt Hamor, from Landplex, engineer for the project, presented the Site Plan. Plan is to redevelop the existing property. Described current state of property. Surrounded by two City of Lowell parcels, one which is a park, and the other which is open space. Two existing garage style storage facilities on site. River Meadow Brook to the rear (also known as Hales Brook). Defined bank shown on the plan. FEMA line is also shown on the plan, but the line is not located on the site itself. B. Buitenhuys asked who owns the slope. M. Hamor said he believes City Of Lowell. Noted already approved by the ZBA and PB. M. Hamor discussed the new stormwater plan to increase water treatment. Water will flow into catch basin with an oil water separator. Overflow enters a subsurface infiltration system with an outlet to a level spreader. Also discussed erosion sedimentation control plan. Silt sacks will be put in to prevent any additional runoff from the site during construction. Straw wattle and silt fence placed around the property. M. Hamor noted that an alternative analysis of uses for the site was placed in the narrative of the NOI report. Came up with four alternatives for the site. These alternative analyses are required for doing work within the 25 foot setback.  1) Not change anything, leaving the buildings as is. Least desirable. No control over those buildings and existing stormwater control is lacking. 2) Redevelop the property utilizing the existing slabs. Similar issues as above. Could be done through a building permit, which wouldn’t create an ability for the Commission to regulate. 3) Redevelop the storage garages into townhouses w/o stormwater management installed, leaving the site untreated. 4) The proposed plan M. Hamor summarized the effectives of the stormwater plans. They are reducing runoff, meeting one- inch run off standards, and meeting water quality standards for the runoff. Providing a restoration to the buffer zone by pulling the buildings back from the resource area and providing additional landscaping to remove stormwater and limit erosion of the bank. There will be an Operations and Maintenance plan for the vegetation on the site. This plan will be part of the HOA agreement. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys has serious issues within the 25-foot buffer. No problems with the 50 foot buffer. Issue with what will be constructed within the 25-foot buffer. M. Hamor said typically stormwater management systems are allowed in 25-foot buffer. B. Buitenhuys said the City Of Lowell policy is a strict no-build within that buffer zone. M. Hamor argued that they are restoring a significant amount of area within the buffer. Vast improvement on what is within the 25-foot today. Also pulling back the pavement within the 25-foot. Moving the building back substantially. Using a restoration plan within the 25-foot. B. Buitenhuys said whatever project went forth would have had to make these changes to the site anyway. K. Dillon asked if the amount of impervious surface is decreasing. M. Hamor said yes. B. Buitenhuys said it will be shorter but wider, maybe not a substantial difference. R. Ciccarelli said this is a tough decision. Any option to tighten this up more? M. Hamor said this project has been commented on by the Boards and multiple city agencies. Density did come up at prior hearings, but both Boards approved. B. Buitenhuys said sometimes you get to ConCom and they change the plan. M. Hamor acknowledged this. WPA requires them to get all these approvals first before filing an NOI. Have been discussing with City about how to maintain the additional open space to the right owned by the City. B. Buitenhuys acknowledged its a significant improvement. But need to keep the precedent that no building within the 25-foot. K. Dillon noted that snowmelt is partially within the 25 foot. B. Buitenhuys asked what would happen with snowmelt. M. Hamor said there are spot grades there for it to flow back to the stormwater system. P. Downs said its such an improvement to the existing lot. Difficult because it is within the 25-foot buffer. Thinks the improvements in stormwater management should be taken into consideration. R. Ciccarelli concurred with P. Downs, noted it is a hard decision. Asked if the buildings are on a slab. M. Hamor said yes. R. Ciccarelli asked about the life expectancy on the stormwater system. B. Buitenhuys said it is as long as concrete lasts. R. Ciccarelli asked about landscaping. M. Hamor said he works with DPD about types of trees/vegetation. Could come up with a more robust landscaping plan. M. Hamor noted that there were no comments from DEP. DEP typically comments if concerns. Motion: P. Downs motioned to close the public hearing. K. Dillon seconded. The vote was unanimous (4-0). P. Downs motioned to grant a Lowell Standard OOC. R. Ciccarelli seconded. The vote was 3-1, with B. Buitenhuys voting in the negative. The motion passed. Request for Determination of Applicability CJ Field, Inc. P.O. Box 143 Dunstable, MA 01827 Project Location: 181 Stedman Street 01851 A Request for Determination of Applicability has been filed by CJ Field, Inc. to repave an existing parking area. The proposed work is within the 100-foot buffer zone of a protected wetland. On Behalf: Carl Bahia spoke on behalf of CJ Field. Noted that it is a repaving of an existing lot, essentially the same square footage. Noted the wetland is about 50-60 feet below them and that there is a steep grade. Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked about erosion control, C. Bahia said there will be six collection basins for runoff, and he believes the area would be dry within an hour after a large rain event. P. Downs asked if they are just replacing the old pavement. C. Bahia confirmed. K. Dillon asked if removing the old pavement. C. Bahia said yes. B. Buitenhuys said the main intent here is to prevent erosion control into the water. Could do straw wattles or silt fence? C. Bahia said the drop is very steep, with a flat area of only about six feet. He asked what they recommend. B. Buitenhuys said any erosion control is fine. Motion: P. Downs motioned to issue a negative 3 determination with R. Ciccarelli seconding. The vote was unanimous (4-0). Request for Determination of Applicability James Buckley 70 Carmine Street Lowell, MA 01852 Project Location: 70 Carmine Street 01852 A Request for Determination of Applicability has been filed by James Buckley to demolish an existing deck and construct a new expanded deck within 100-ft of bordering vegetated wetlands. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: The applicant has since moved and is no longer seeking an RDA. Motion: Withdrawn Request for Determination of Applicability All Matters General Contracting 170 Main Street North Reading, MA 01864 Project Location: 492 Boylston Street 01852 A Request for Determination of Applicability has been filed by All Matters General Contracting, on behalf of James Abou-Haidar, to construct a deck within the 100-foot buffer zone of a protected wetland. On Behalf: A representative from All Matters General Contracting represented the applicant. Proposed project is to demo the existing deck and build a new one. Need to come up to code with new footings. Roughly 88 feet from the buffer zone. Said they have had to use erosion control on other projects. Can use straw wattles and silt fences. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys noted that it is very far away and that he is confident no soil will get into the wetland. Motion: P. Downs motioned to issue a negative 3 determination with R. Ciccarelli seconding. The vote was unanimous (4-0). 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: None Speaking in Favor: None Speaking in Opposition: None Discussion: DPW never had to do the actual work. Motion: Withdrawn Request for Certificate of Compliance New England Power Company (NEP) 170 Data Drive Waltham, MA 02451 MassDEP #206-0812 Project Location: J162 Transmission Line ROW The applicant is seeking a Certificate of Compliance for a project that received an Order of Conditions (OOC) in March 2022 (DEP #206-0812). The project consisted of the installation of optical ground wire (OPGW), structure replacements, and access road improvements within the 100-ft buffer zone to a bordering vegetated wetland, riverfront area, and 100-year flood plain. On Behalf: Alison Milman from BSC Group. Presenting the RCOC. Project activities are completed. Site has been substantial restored. Provided site plan and landscaping plan. Purpose of project was to upgrade the transmission line, changing the wire from overhead to underground fiberoptic, improve access roads for emergency vehicle, and replacing the foundation of an existing service building within the Bordering Land Subject to Flooding. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys noted that its in his neighborhood. Looks good to him. Plenty of vegetation. P. Downs concurred. Motion: P. Downs motioned to issue a Certificate of Compliance with K. Dillon seconding. The vote was unanimous (4-0). OTHER BUSINESS 8/7 Meeting Minutes Motion to approve by R. Ciccarelli, seconded by P. Downs. The vote was unanimous (4-0). 2025 Schedule Motion to approve by K. Dillon, seconded by P. Downs. The vote was unanimous (4-0). ADJOURNMENT Motion to adjourn by K. Dillon, seconded by P. Downs. The meeting was adjourned at 8:04 PM.