Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS November 13, 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 Stephen Laput, Commissioner Marie Burns, Commissioner Roberto Ciccarelli, Commissioner Paul Belley Members Absent: 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 NEW BUSINESS Request for Determination of Applicability Nicolas Branchina 330 Merrimack Street Methuen, MA 01844 Project Location: 3 Commonwealth Avenue, 01852 The applicant is seeking a Request for Determination of Applicability to construct an addition to the existing single-family home at 3 Commonwealth Avenue. The proposed work is located within the 100- foot buffer zone of a protected wetland. On Behalf: Nicholas Branchina, Applicant’s Representative N. Branchina said he is seeking approval for an addition to the homeowners recently purchased home. N. Branchina said the owner is how in a wheelchair and the property is too small. N. Branchina said they are seeking to construct an 8’x24’ addition to make the bedrooms larger. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if they were using standard footings. N. Branchina confirmed, and said there would be no basement. B. Buitenhuys asked about erosion controls. N. Branchina said they would use hay bales and silt fencing during excavation. B. Buitenhuys said the project is low impact and a good distance from the wetland. Motion: P. Downs motioned, and K. Dillon seconded the motion to issue a negative 3 determination. The motion passed unanimously, (7-0). Request for Determination of Applicability Mark and Marie Burns 24 Newbridge Road Lowell, MA 01854 Project Location: 24 Newbridge Road, 01854 The applicant is seeking a Request for Determination of Applicability to repave and expand the existing driveway at 24 Newbridge Road. The proposed work is within the 100-foot buffer zone of a protected wetland. Marie Burns recused herself from the petition. On Behalf: Mark Burns, Applicant M. Burns said they are seeking to repave their existing driveway, and expand the driveway. M. Burns said they would do asphalt for the repaving and are willing to work with the Commission on the material used for the expansion. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said the repaving asphalt is no issue. B. Buitenhuys suggested using a pervious paver such as a geogrid system that allows stormwater to infiltrate. B. Buitenhuys said the work is outside of the 50 ft buffer zone. K. Dillon asked how much wider the driveway would be. M. Burns said the driveway would be 10 ft wider totaling a 20 ft x 42 ft driveway. B. Buitenhuys noted the engineering requirements related to taking out the curb. M. Burns said they would comply with the engineering requirements. P. Downs said using a permeable surface for the new paving would be good, and he is supportive as long as a pervious surface is used. M. Burns suggested using a gravel system. B. Buitenhuys said any permeable surface is acceptable to the Commission. B. Buitenhuys said since the expansion would be permeable it is up to the applicant whether to do plantings along the side. K. Dillon agreed that a permeable surface will suffice. Motion: P. Downs motioned, and K. Dillon seconded the motion to issue a negative 3 determination with the condition that the driveway expansion be done with a pervious surface. The motion passed unanimously, (7-0). Request for Determination of Applicability National Parks Service 67 Kirk Street Lowell, MA 01852 Project Location: 115 John Street, 01852 The applicant is seeking a Request for Determination of Applicability to complete exterior rehabilitation work to the structure at 115 John Street. The proposed work is located within the 100-foot buffer zone of the Eastern Canal. On Behalf: David Lieb, Applicant’s Representative D. Lieb said they are rehabbing the historic property. D. Lieb said they will be replacing in kind the courtyard, but the work adjacent to the Eastern Canal includes staging for repointing, roof repairs, window replacements, etc., this is what they are seeking approval fo. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked for the extent of the work in the canal. D. Lieb said they will be staging on the floor of the Eastern Canal. D. Lieb said the contractor is working on their safety and stabilization plan right now so exact plans for how waste product will be collected is not known, but this will be complete shortly. B. Buitenhuys asked for clarification on the waste product. D. Lieb said the waste would be from the repointing. B. Buitenhuys said he would like to see waste collection such as netting at a minimum. B. Buitenhuys noted the canal will be drained. D. Lieb said the canal will be drained so staging can be done on the canal floor. B. Buitenhuys said a drained canal makes inspections easier as it relates to the resource area. K. Dillon asked when work will begin. D. Lieve said late March to early April as winter breaks. Motion: P. Downs motioned, and M. Burns seconded the motion to issue a negative 3 determination. The motion passed unanimously, (7-0). Notice of Intent MassDOT Highway Division 10 Park Plaza, Rm 7360 Boston, MA 02116 Project Location: VFW Highway (Route 113), 01854 The applicant is seeking a Request for Determination of Applicability to complete exterior rehabilitation work to the structure at 115 John Street. The proposed work is located within the 100-foot buffer zone of the Eastern Canal. On Behalf: Sam Campbell, Applicant’s Representative S. Campbell explained the extent of the work on the VFW Highway. S. Campbell said they will be repairing a headwall with some erosion along a culvert. S. Campbell explained the project segments. S. Campbell said they are resurfacing the road, and they are adjacent to the Merrimack River and at points it is within 25 ft of the buffer zone. S. Campbell said the westernmost portion is within the floodplain, but no fill is being proposed and there will be no fill and no changes to flood storage there. S. Campbell said no impacts to the river or the BVW. Devin Thompson, Applicant’s Representative Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked if there is an increase in impervious area. S. Campbell said there would be an increase for the shared use path, but not the roadway, and said these paths will be treated differently than the roadway. B. Buitenhuys asked if they are doing full depth repaving. S. Campbell said primarily yes. B. Buitenhuys asked if there will be new sidewalks in the area. S. Campbell confirmed and said there would be a shared use path along the Merrimack River side of the road. S. Campbell said they will be ensuring ADA accessibility. B. Buitenhuys asked about silt socks and other standard erosion control measures. B. Buitenhuys asked about stockpile locations. S. Campbell said the contractor should be moving equipment on site in a manner that it will be used quickly and not be stockpiled. S. Campbell said their contract ensures any stockpiling requires erosion controls to ensure no impact to resource areas. S. Campbell explained the repairs to the headwall and culvert to stop erosion into the wetland, and said this work will include erosion controls. P. Downs said the project is an improvement to the area and the project includes good erosion controls. P. Belley asked if there will be lane restrictions. S. Campbell said there will be temporary lane closures during construction, but their plan is to do work during off-peak hours to the greatest extent practicable. Motion: K. Dillon motioned, and P. Downs seconded the motion to close the public hearing. The motion passed unanimously, (7-0). K. Dillon motioned, and P. Downs seconded the motion to approve the application with a standard order of conditions. The motion passed unanimously, (7-0). OTHER BUSINESS Enforcement Order Sy Dang 258 Varnum Avenue Lowell, MA 01854 Violation Location: 258 Varnum Ave, 01854 Enforcement Order due to debris dumping within the 100-year floodplain. On Behalf: None Discussion: D. Ricker provided an update from the incoming owner of the property. Motion: P. Downs motioned, and K. Dillon seconded the motion to continue the item to the March 12, 2025 Conservation Commission meeting. The motion passed unanimously, (7-0). 10/23/2024 meeting minutes M. Burns motioned, and K. Dillon seconded the motion to approve the October 23, 2024 meeting minutes. The motion passed unanimously, (7-0). ADJOURNMENT P. Downs motioned, and M. Burns seconded the motion to adjourn. The motion passed unanimously, (7- 0). The time was 7:31pm.