Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS March 26, 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, Vice Chair Kevin Dillon, Commissioner Perry Downs, Commissioner Stephen Laput, Commissioner Roberto Ciccarelli, Commissioner Paul Belley Members Absent: Commissioner Marie Burns Others Present: Peter Cutrumbes, Assistant Planner AGENDA CALL TO ORDER Chairman Buitenhuys called the meeting to order at 7:00 PM ORDER OF BUSINESS CONTINUED BUSINESS Enforcement Order Sy Dang 258 Varnum Avenue Lowell MA 01854 Violation Location: 258 Varnum Avenue, 01854 An Enforcement Order has been issued due to debris dumping within the 100-year floodplain. On Behalf: Robert Burge, new owner of the property. Was aware of the order. His company started cleaning the property upon acquisition. They threw out a significant amount of debris, filling 11 dumpsters and disposing of 16 mattresses. They will do whatever is needed to make the property compliant. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said he appreciates the effort. R. Burge said they can come back in front of the Commission with more cleanup. He can have the property cleaned up for April 9. He will set up a meeting with a City staffer to walk the site. Motion: K. Dillon motioned to continue to the April 9 meeting. Seconded by P. Downs. The vote was unanimous (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 protect wetland. On Behalf: Scott Goddard, the applicant. Noted that the project was continued because additional plans were filed too close to the meeting and the Commission was looking to speak to the Law Department. Speaking in Favor: None Speaking in Opposition: Mark Burns of 24 Newbridge Road which abuts Toupi Lane. They have provided video and photos to the City and state showing how the water fills up in the area. Water takes the path of least resistance. Flows into 10 Toupi Lane and flows under Newbridge Road. This project would restrict water flow and potentially flood he and his neighbors’ property. The driveway will be right on the wetland, will snow be dumped into it? Also concerns about weed killers, fertilizers, etc. being used for lawn care that could end up in the wetland. The construction process will also be particularly hazardous to the wetlands. Paul LeLacheur of 17 Toupi Lane. Asked to confirm if the project from 2017 was filed by a different entity. The plan submitted says this property is owned by Mr. Viola, who was the previous owner. S. Goddard confirmed that the current applicant is a different owner. Lillian Arnold of 32 Toupi Lane. This project would flood many of the neighboring properties. Discussion: B. Buitenhuys said they have spoken to legal. S. Goddard asked if the Commission wants to do a peer review. B. Buitenhuys said he thought that the negative reception to the project at the previous meeting was an indication that the Commission does not want a Peer Review. S. Goddard said that the previous ruling by the Commission was that the area was an Isolated Land Subject to Flooding. This does not have a buffer zone requirement, but they, in good faith, are taking efforts to institute buffer zones. If the Commission rejects the application, he plans to appeal to DEP. Thinks this way gives the City more control. B. Buitenhuys said he is not interested in changing his view. The project is not a net benefit for the wetlands. K. Dillon said they denied a project in years past that was a single house on the property. This development would be 3 houses. Motion: P. Downs motioned to close the hearing and R. Ciccarelli seconded. The vote was unanimous (6-0). P. Downs motioned to deny the NOI for the following reasons: 1. It would have a negative impact to the wetlands. 2. While not a legal requirement, the Commission generally has a standard “no-build” zone within 25 feet of a protected resource. 3. The Commission disagrees with the boundary labeled on the plans. 4. The Commission disagrees with the applicant’s contention that the disputed area constitutes a “finger-like projection”. K. Dillon seconded. The vote was unanimous (6-0). OTHER BUSINESS 3/12/2025 meeting minutes K. Dillon motioned to approve the minutes. S. Laput seconded. The vote was unanimous (6-0). Vote to authorize Conservation Agents to sign on behalf of the Commissioners P. Downs motioned and K. Dillon seconded to authorize the Conservation Agents to sign on behalf of the Commissioners. The vote was unanimous (6-0). B. Buitenhuys noted that he expects 10 Toupi Lane to be challenged and appealed to the DEP. It will be part of the lawsuit between the applicant and DEP. Would like to be briefed by staff on the latest info. K. Dillon mentioned the City Council discussed creating a Tree Committee. Clarified that the Conservation Commission only has jurisdiction over trees within the 100-foot buffer zone of any protected resource. P. Belley said the Council also mentioned hiring an arborist. K. Dillon agreed this would be a positive for the City. ADJOURNMENT P. Downs motioned to adjourn and K. Dillon seconded. The meeting was adjourned at 7:27 PM.