Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS January 22, 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: Chairman Brad Buitenhuys, 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 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: B. Buitenhuys said the provided photos appear to show substantial compliance. Motion: P. Downs motioned, and M. Burns seconded the motion to rescind the Enforcement Order. The motion passed unanimously, (6-0). Notice of Intent 21 Century Mill LLC 291 Main Street, Suite 8 Northborough, MA 01532 DEP #: 206-0838 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. M. Burns recused herself from the petition. On Behalf: Anthony Gee, Applicant’s Representative A. Gee said they have not had the chance to submit revised plans due to the quick turnaround from the MassDEP comments. A. Gee said they wanted to provide an update on the timeline. A. Gee said they plan to addess the comments prior to the 2/12 Conservation Commission meeting and requested a continuance. Speaking in Favor: None Speaking in Opposition: Mark Burns, 24 Newbridge Road M. Burns said the property has been before the Conservation Commission before and a less agressive project was denied. M. Burns noted the Commission and MassDEP agree the area is a jurisdictional wetland. M. Burns noted the requirements imposed on him for his past Conservation Commission approvals. M. Burns summarized the history of the surrounding properties, and expressed concerns about the impact on the watershed. M. Burns presented pictures of videos of the 10 Toupi Ln lot during various seasons to show the water present on the lot. Paul Lelacheur, 17 Toupi Lane P. Lelacheur asked about the appeal status with MassDEP and how it impacted the NOI application. P. Lelacheur said previous owner removed trees without a permit and received an Enforcement Order, and the required restoration was never completed. P. Lelacheur said the driveway would have a significant impact on the wetland. Red Curry, 60 Newbridge Road R. Curry said the parcel is a vital connection between the state park and the Merrimack River. R. Curry said his property is slipping and there was a sinkhole. R. Curry said more development could cause damage to surrounding properties. R. Curry noted wildlife in the area. R. Curry said this parcel is not the place for development. Brent Rourke, 75 Newbridge Road B. Rourke said he found Blandings turtles in the driveway last summer. B. Rourke said he contacted Lowell Parks and Conservation Trust and said the species is threatened. B. Rourke said they migrated into the woods that are impacted by a culvert connected to 10 Toupi Lane. B. Buitenhuys noted the path required to identify a habitat for endangered species. B. Rourke said a report was filed with the state. Patricia McKenna, 12 Newbridge Road P. McKenna said she is concerned by alterations to the water and its impact on her property, and cited flooding concerns. P. McKenna said the property is wetlands and cannot be built on, and added the back portion of her property floods. Linda Tardiff, 84 Newbridge Road L. Tardiff said she has worked in bridge and road construction and said there is a large culvert on the property that may be impacted by development along with the street. Discussion: B. Buitenhuys noted the application how has a DEP File Number and they received considerable comments from DEP regarding the application. B. Buitenhuys said DEP stated the project cannot be approved as proposed due to filling of BVW, questions related to wetlands delineation, erosion controls, limits of work, and the narrative for the wetlands replication plan. B. Buitenhuys said the Commission can review the comments upon receipt of revised plans. B. Buitenhuys asked for the full scope of the extent of the Conservation Commission’s purview related to the NOI. B. Buitenhuys asked if an engineering review can be requested for impacts off property with the intent of exploring hydrological connections. B. Buitenhuys said the criteria for the Commission’s decision includes flood storage compensation, and their role enforcing the WPA. S. Laput requested the applicant the applicant include info showing the extent of tree removal on the property, the drawings be revised to show site materials, and asked if a geotechnical investigation into the soil was done. S. Laput asked if the homes would have basements, and if so would any waterproofing be done. S. Laput asked for detail on the plantings in the wetlands replication area. Motion: P. Downs motioned, and R. Ciccarelli seconded the motion to continue the petition to the February 12th Conservation Commission meeting. The motion passed unanimously, (5-0). Notice of Intent Kenneth Dews 4 Melody Lane Chelmsford, MA 01824 DEP #: 206-0837 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 K. Dews said the issue from last meeting was the planting plan post-construction. K. Dews said there is no plan at this point, and the previous owner was required to plant trees on the lot. K. Dews said the trees that were planted are doing well. K. Dews said the plan is to remove the minimal number of trees necessary and otherwise leave the existing vegetation. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked what info the Commission was looking for related to the planting plan. R. Ciccarelli said it was a question for revising the plan and seeing if the planting plan was still acceptable to the Commission. R. Ciccarelli said the other questions were related to the construction of the home on stilts. B. Buitenhuys said it is not in the purview of the Commission to request compensation for stilts, utilities, etc. B. Buitenhuys said the home appears to meet DEP standards. B. Buitenhuys said he believes the rain garden meets the criteria and the project was well-vetted. P. Belley said the area was devastated by the 2006 and 2007 floods and it is a fragile area, and expressed concerns about development at this location. B. Buitenhuys agreed, but noted the property must no comply with WPA standards for it to be denied. B. Buitenhuys said he has concerns but the requirements appear to be met. S. Laput said this type of development is common in other parts of the state. R. Ciccarelli agreed that the work meets the required standards. Motion: P. Downs motioned, and R. Ciccarelli seconded the motion to close the public hearing. The motion passed unanimously, (6-0). P. Downs motioned, and M. Burns seconded the motion to approve the application with the Standard Lowell Order of Conditions. The motion passed unanimously, (6-0). NEW BUSINESS OTHER BUSINESS Election of Officers M. Burns motioned, and R. Ciccarelli seconded the motion to continue the item to the February 12th Conservation Commission meeting. The motion passed unanimously, (6-0). 1/8/2024 Meeting Minutes R. Ciccarelli motioned, and M. Burns seconded the motion to approve the meeting minutes. The motion passed unanimously, (6-0). ADJOURNMENT P. Downs motioned, and P. Belley seconded the motion to adjourn. The motion passed unanimously, (6- 0). The time was 7:49pm.