Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS January 8, 2025 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: Commissioner Kevin Dillon, Commissioner Stephen Laput, Commissioner Roberto Ciccarelli, Commissioner Paul Belley Members Absent: Chairman Brad Buitenhuys, Commissioner Perry Downs, Commissioner Marie Burns Others Present: Dylan Ricker, Associate Planner CALL TO ORDER K. Dillon called the meeting to order at 7:03pm with a quorum of members present. ORDER OF BUSINESS CONTINUED BUSINESS Enforcement Order Paulo Ferreira 55 Shawmut Avenue Lowell, MA 01851 Violation Location: 55 Shawmut Avenue, Lowell, MA 01851 An Enforcement Order has been issued to Paulo Ferreira for fill removal, regrading, and the construction of a shed in the 100-year floodplain, and within the 100-fot buffer zone of a protected wetland. On Behalf: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: R. Ciccarelli motioned, and S. Laput seconded the motion to continue the item to the 1/22 Conservation Commission meeting. The motion passed unanimously, (4-0). NEW BUSINESS Request for Determination of Applicability Paula Grivas 105 Boulevard Street Lowell, MA 01854 Project Location: 105 Boulevard Street, 01854 A Request for Determination of Applicability has been filed by Paula Grivas to pave a new driveway and repave and existing walkway at 105 Boulevard Street. The proposed work is within the 100-year floodplain. On Behalf: Paula Grivas, Applicant P. Grivas said she’d like to widen her driveway to fit 2 cars can be fit side by side, and have a pathway leading to the front steps. Speaking in Favor: None Speaking in Opposition: None Discussion: R. Ciccarelli asked if the project was within the buffer zone. D. Ricker said the project is only in the floodplain. R. Ciccarelli said he has no concerns. Motion: S. Laput motioned, and R. Ciccarelli seconded the motion to issue a negative 3 determination. The motion passed unanimously, (4-0). Request for Determination of Applicability Linear Property Management 150 Westford Street Tyngsboro, MA 01879 Project Location: 80-122 Swan Street; 20 Woodland Drive, 01852 A Request for Determination of Applicability has been filed by Eric Kinglsey to trim and remove eleven (11) trees within the 100-foot buffer zone to Bordering Vegetated Wetlands (BVW). On Behalf: Eric Kingsley, Applicant’s Representative E. Kingsley said they plan to remove 11 trees and said each tree is either dead, sick, or poses a danger to property or personal safety. Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked for photos of the trees, and noted the tree is close to the wetland. K. Dillon asked if the applicant intends to keep the roots. E. Kingsley said they will keep the stumps and roots, and said the trees will be removed for safety reasons, and noted a tree recently fell on the property damaging a car. E. Kingsley said they had an arborist that determined the trees that posed a risk to people and property. R. Ciccarelli asked if each of the trees would be removed. E. Kingsley said the selected trees are the ones that pose a risk and they are either dead or sick. E. Kingsly said there are 11 trees. R. Ciccarelli asked how many trees there are in the area. E. Kingsley said there are many trees in the area. R. Ciccarelli asked if the applicant considered planting anything in the area the trees would be removed. E. Kingsley said it is a heavily wooded area so trees would have difficulty growing. K. Dillon agreed that the trees appear hazardous. P. Belley asked for confirmation the root system will remain. E. Kingsley confirmed. Motion: S. Laput motioned, and P. Belley seconded the motion to issue a Negative 3 determination. The motion passed unanimously, (4-0). Request for Determination of Applicability Bapapon Yomsin 49 Perron Way Lowell, MA 01854 Project Location: 49 Perron Way, 01854 A Request for Determination of Applicability has been filed by Bapapon Yomsin to build a pool within the 100-foot buffer zone to Bordering Vegetated Wetlands (BVW). On Behalf: Peter White, Applicant’s Representative P. White said they were notified the pool would Conservation Commission approval. Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked if the pool is above ground or in ground. P. White said it will be an in ground pool. K. Dillon asked for the distance to the wetland. P. White said he believes it is outside of the buffer zone and said the property is on a hill above the wetland. K. Dillon asked for the size and depth of the pool. P. White said the pool is 3 ft in the shallow end and 5 ft in the deeper end which is further from the resource area. Motion: P. Belley motioned, and R. Ciccarelli seconded the motion to issue a negative 3 determination. The motion passed unanimously, (4-0). Notice of Intent City of Lowell 375 Merrimack Street Lowell, MA 01852 DEP #: 206-0836 Project Location: 5 Billerica Street, 01852 A Notice of Intent has been filed by the City of Lowell to create a gangway, dock, and kayak launch at Muldoon Park. Additional work includes creating an ADA accessible walkway. The work will take place within the 100-foot buffer zone of the Concord River. On Behalf: Stephanie MacDonald, Applicant’s Representative S. MacDonald said they are adding a dock, ADA accessible kayak launch, and a path. S. MacDonald said they are tying into existing paved walkways. S. MacDonald noted landscaping will be added. S. MacDonald said some selective clearing will be done to provide access to the gangway and dock. S. MacDonald said they will be removing invasive species on the site. S. MacDonald said the project is anticipated to disturb just over 1000 sq feet total. S. MacDonald said the only disturbance on the water is 4 small weights, and said the gangway and dock will float on top of the water. S. MacDonald said there are no wetlands on site, but there are some wetlands trees. S. MacDonald said erosion and sediment controls will be installed and 2 trees will be removed. Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked for the project timeline. S, MacDonald said they plan on starting in the spring and will finish by late fall at the latest. K. Dillon asked if materials will be stockpiled on site. S. MacDonald said they would be stockpiled int he grassy area on the site. K. Dillon expressed support and said it will improve the area. P. Belley expressed support, and asked if there will be access for people to fish from the shore, and asked if there will be landscaping down to the river. S. MacDonald said fishermen will be able to access the dock and it can be used for activities such as fishing. S. MacDonald said there will be invasive species removal along the shore, but no additional landscaping is proposed along the shore. Motion: P. Belley motioned, and R. Ciccarelli seconded the motion to approval the application with a standard order of conditions. The motion passed unanimously, (4-0). Notice of Intent 21 Century Mill LLC 291 Main Street, Suite 8 Northborough, MA 01532 DEP #: Pending Project Location: 10 Toupi Lane, 01854 A Notice of Intent has been filed by 21 Century Mill LLC to construct 3 single-family homes at 10 Toupi Lane. The proposed work is located within the 100-foot buffer zone of a protected wetland. On Behalf: Scott Goddard, Applicant’s Representative S. Goddard explained the existing conditions of the lot. S. Goddard stated the Commission found there was a wetland present on the site, and MassDEP found there was a Bordering Vegetated Wetland present. S. Goddard said MassDEP’s decision was appealed and this application is a part of settlement discussions currently underway. S. Goddard said he does not believe there is a BVW present on the site. S. Goddard said the wetland is being replicated in excess of MassDEP requirements. S. Goddard said the homes are being placed as far from the wetland as possible while meeting setback requirements. S. Goddard said they are seeking an OOC as part of their settlement discussions. Speaking in Favor: None Speaking in Opposition: Red Curry, 60 Newbridge Road R. Curry said the parcel provides a vital connection from the State Park to the Merrimack River. R. Curry noted there are problems with bridges and sewers in the area. R. Curry said his property is slipping due to the water. R. Curry said the water flows down to the Merrimack River, and noted wildlife in the area. R. Curry said the development would have a negative impact on the neighborhood. Mark Burns, 24 Newbridge Road M. Burns said he is an abutter. M. Burns said the applicant’s assessment was not accurate since MassDEP determined it was a BVW. M. Burns said the Commission denied a less invasive project recently. M. Burns said there are wetlands on site. M. Burns said he has been before the Commission before and they had to replace vegetation they removed. M. Burns said the project would have a driveway going from Newbridge Rd to the home running right along the wetland. M. Burns expressed concern about his property being damaged. Lilly Arnold, 32 Toupi Lane L. Arnold said they were told the property was wetland. L. Arnold noted wildlife, and water in the area. L. Arnold said she is opposed to the project. Paul Lelacheur, 17 Toupi Lane P. Lelacheur said he has tried to keep the property from becoming overgrown since he has lived there. P. Lelacheur said the Commission has denied a project in the past that was less invasive. P. Lelacheur said the applicant’s plans are opinion, not fact, and said the flags put up are not the boundary of the resource area. P. Lelacheur said the project will increase water flow throughout the neighborhood. Brent Rourke, 75 Newbridge Road B. Rourke said the wooded area nearby drains underneath Newbridge Road into the 10 Toupi Lane lot. B. Rourke noted wildlife in the area including turtle hatchlings. B. Rourke said he believes the hatchlings were Blanding Turtles which are endangered and he has provided this information the Natutal Heritage Endangered Species program who confirmed it was a Blanding Turtle. B. Rourke said this wetland is likely their habitat, and expressed concern about the development’s impact on other properties. Discussion: K. Dillon noted there is no DEP file number. S. Goddard said he is not sure when this will be issued, but he is amenable to continuing the petition to the following meeting. S. Goddard asked if the Commission would like any additional information. K. Dillon said they are not seeking additional information as of now. Motion: R. Ciccarelli motioned, and P. Belley seconded the motion to continue the application to the 1/22 Conservation Commission meeting. The motion passed unanimously, (4-0). Request for Determination of Applicability Kenneth Dews 4 Melody Lane Chelmsford, MA 01824 Project Location: 51-57 Shirley Avenue, 01854 A Request for Determination of Applicability has been filed by Kenneth Dews to remove one (1) tree within the FEMA 100-year floodplain at 51-57 Shirley Avenue. On Behalf: Kenneth Dews, Applicant K. Dews said he spoke with an arborist and he has a quote to have the tree removed. K. Dews said the tree is overhanging the neighbor’s property and they requested he remove it. K. Dews said the tree is not healthy. Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked where the applicant plans to cut the tree. K. Dews said he would cut it at the base then he would cut up the tree and chip it. K. Dews said he would then allow the tree to sprout. P. Belley confirmed the tree to be removed is the one leaning toward the home. K. Drews confirmed. P. Belley said he is supportive. Motion: P. Belley motioned, and S. Laput seconded the motion to issue a negative 3 determination. The motion passed unanimously, (4-0). Notice of Intent Kenneth Dews 4 Melody Lane Chelmsford, MA 01824 DEP #: Pending Project Location: 51-57 Shirley Avenue, 01854 A Notice of Intent has been filed by Kenneth Dews to construct a single-family home at 51-57 Shirley Avenue. The proposed work will take place within the FEMA 100-year floodplain. On Behalf: Kenneth Dews, Applicant Paul Campbell, Applicant’s Representative P. Campbell said the resource area is in the floodzone. P. Campbell said the project was before the Commission previously and this is a new proposal. P. Campbell explained the existing conditions and said that FEMA is raising the flood elevation in the area, and their plans are based on the raised elevation. P. Campbell said the property is about 5 ft within the floodzone throughout the property. P. Campbell said the home would be on stilts and has been designed by a structural engineer. P. Campbell said the home will be 1-2 feet above the floodplain. P. Campbell said the stilts, utility shaft and stars are the only impact on the floodplain, and they will be removing material on the hill to compensate for lost flood storage. P. Campbell said they will provide a landscaping plan. Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon noted they are awaiting a DEP number. P. Campbell said they provided the info to DEP and are now waiting. P. Belley said the area is a sensitive area and he is concerned with homes on stilts. P. Belley expressed concerns about the history of flooding in that area. R. Ciccarelli asked about the home. K. Dews aid the previous home proposed has slabs holding up the home, and said he is proposing to use helix screw stilts to hold up the home. K. Dews said it will be a modular home and will be 1-2 feet above the flood elevation. P. Campbell said the piers are the only portion of the home in the floodplain, and said they based their calculations on the updated FEMA maps that take into account the 2006 floods. K. Dews said the lot drains well. Motion: R. Ciccarelli motion, and P. Belley seconded the motion to continue the application to the 1/22 meeting. The motion passed unanimously, (4-0). OTHER BUSINESS Election of Officers R. Ciccarelli motioned, and S. Laput seconded the motion to continue the election of officers to the 1/22 meeting. The motion passed unanimously, (4-0). 11/13/2024 Meeting Minutes R. Ciccarelli motioned, and P. Belley seconded the motion to approve the minutes. The motion passed unanimously, (4-0). ADJOURNMENT R. Ciccarelli motioned, and P. Belley seconded the motion to adjourn. The motion passed unanimously, (4-0). The time was 8:24pm.