Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS February 12, 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 Marie Burns, Commissioner Roberto Ciccarelli Members Absent: Commissioner Stephen Laput, Commissioner Paul Belly Others Present: Francesca Cigliano, Senior 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 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 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 Speaking in Favor: None Speaking in Opposition: 32 Toupi Lane, John Arnold J. Arnold asked how many times the applicant can continue the petition. B. Buitenhuys said the applicant can request as many continuances as they’d like. B. Buintehuys said the applicant is actively working on the project. S. Goddard noted that MassDEP just recently submitted comments. Paul LeLacheur, 17 Toupi Lane P. LeLacheur said his sewer is collapsing into the street. B. Buitenhuys said maintaining existing structures within city property is something you could request an order for. S. LeLacheur said that it had escalated in the past two weeks. Discussion: M. Burns recused herself from this petition. S Goddard said he requested a continuance. Received DEP comments. Snow caused delays. We are actively preparing responses to DEP and City of Lowell comments. B. Buitenhuys said he had no problem with the continuance. Hoping they make significant changes to plans based on comments from DEP. I don’t see any path to allow work this close to BVW. We have a clear 25ft no disturb and 50ft no build. S. Buitenhuys asked if those buffer zones are in the regulations. B. Buitenhuys said that is the standard operating procedure of the Commission. Motion: P. Downs motioned and K. Dillon seconded the motion to continue the hearing to the 3/12/2025 Conservation Commission meeting. NEW BUSINESS Request for Determination of Applicability David Lieb National Park Service 67 Kirk Street Lowell MA 01852 Project Location: 269 Merrimack Street 01852 A Request for Determination of Applicability has been filed by the National Park Service to rehabilitate the historic Moody Street Feeder Gatehouse structure located at 269 Merrimack Street directly abutting the Merrimack Canal. On Behalf: David Lieb, the Applicant Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked how they would be keeping debris out of water. D. Lieb said typically netting. Doing work themselves not contracting out. Spider staging would be hanging off the building. Safety netting/floats would be deployed. Standard for working around canal. M. Burns said suspended scaffolding or platform staging would catch? D. Lieb said yes. Motion: P. Downs motioned to issue a Negative III Determination. The motion was seconded by M. Burns and passed unanimously, (5-0). Request for Determination of Applicability City of Lowell 375 Merrimack Street Lowell MA 01852 Project Location: 382 Douglas Road 01852 A Request for Determination of Applicability has been filed by the City of Lowell to construct a new sidewalk along Douglas Road. A portion of the proposed work will take place within the 100-ft buffer zone of a protected wetland. On Behalf: Daniel Lewis, City of Lowell Speaking in Favor: None Speaking in Opposition: None Discussion: K. Dillon asked how close the proposed work is to the wetland at its closest point. D. Lewis said it would be outside of the 50ft buffer zone. Motion: P. Downs motioned and M. Burns seconded the motion to issue a Negative III Determination. The motion passed unanimously, (5-0). Notice of Intent - Amended Elizabeth Stetson Massachusetts Audobon Society 280 Great South Road Lincoln, MA 01773 DEP #: 206-0839 Project Location: 1413-1415 Varnum Ave (Pawtucket Farms) 01854 An Amended Notice of Intent has been filed by Nitsch Engineering, on behalf of the Massachusetts Audubon Society, to demolish the existing farmhouse, driveway, and adjacent hardscape at 1413-1415 Varnum Ave. The applicant intends to install erosion controls and stabilize the site following the demolition. The applicant had been granted prior NOI approval to construct a temporary gravel parking lot, walking trails, an outdoor classroom, and associated drainage infrastructure. Portions of this project will take place within 100 feet of bordering vegetated wetlands. On Behalf: Liz Stetson, Mass Audobon Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said no questions. Congratulations on phase 1. K. Dillon said no questions. Motion: P. Downs motioned to close the public hearing. The motion was seconded by R. Ciccarelli and passed unanimously, (5-0). K. Dillon motioned and P. Downs seconded the motion to issue a standard Order of Conditions. The motion passed unanimously, (5-0). OTHER BUSINESS Election of Officers K. Dillon motioned, and P. Downs seconded the motion to continue the item to the February 26th Conservation Commission meeting. The motion passed unanimously, (5-0). 1/22/2025 Meeting Minutes P. Downs motioned and R. Ciccarelli seconded the motion to approve the meeting minutes. The motion passed unanimously, (5-0). ADJOURNMENT K. Dillon motioned and M. Burns seconded the motion to adjourn the meeting. The time was 7:30PM.