Conservation Commission

CONSERVATION COMMISSION LOWELL, MASSACHUSETTS April 9, 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 Roberto Ciccarelli, Commissioner Paul Belley Members Absent: Commissioner Kevin Dillon Others Present: Peter Cutrumbes, Assistant Planner AGENDA CALL TO ORDER Chairman Buitenhuys called the meeting to order at 7:01 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: None Speaking in Favor: None Speaking in Opposition: None Discussion: None Motion: P. Downs motioned to continue to the April 23, 2025 meeting. R. Ciccarelli seconded. The vote was unanimous (6-0). Enforcement Order Peter Nguyen 5 Presidential Circle Dracut, MA 01826 Violation Location: 915 Pawtucket Street, 01851 An Enforcement Order has been issued due to the removal of landscaping and installation of a gravel parking area within the 100 foot buffer zone of a wetland and within the 100-year floodplain. On Behalf: Anderson, the tenant for the property at 915 Pawtucket Street. He was trying to clean up the property when they moved in and was unaware of conservation rules. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys said the plant there is mostly knotweed. It will probably grow back through the gravel. The surface is still pervious. Doesn’t see any significant issues. P. Downs agreed. B. Buitenhuys said they just need to inform the Commission before any future work. Motion: P. Downs motioned to ratify the Enforcement Order. Seconded by R. Ciccarelli. The vote was unanimous (6-0). P. Downs motioned to rescind the Enforcement Order. Seconded by R. Ciccarelli. The vote was unanimous (6-0). Notice of Intent Andrew Traing Green Tree Properties, LLC 1550 Middlesex Street Lowell, MA 01854 Project Location: 50 Payne Street, 01851 A Notice of Intent has been filed by Green Tree Properties, LLC to convert an existing livery business depot at 50 Payne Street to 24 townhouse style residential units. A portion of the proposed work will take place within the 100-foot buffer zone of the Pawtucket Canal and within the 100-Year FEMA Flood Plain. On Behalf: Matt Hamor, the Engineer for the project. He discussed the Site Plan for the Commission. The existing building and accessory structures will be removed and 24 townhouse style units will be installed in their place. The property sits close to the Pawtucket Canal. Associated with the canal is a 100-year flood plain line in the rear right hand side of the property. This is the only resource area on the site. The Wetlands Protection Act states that man-made canals do not have “riverfront area” as defined in statute. The site is a low point. All stormwater from Westford Street downward flows down and through the site. At times, the combined sewers can overflow. There are sensors in the manholes to indicate when a capacity issue is approaching. Historically it was piped into the canal. The City is currently in the process of separating the stormwater and sewer. The problem should disappear in 4-8 years. This area is the first one that will be completed. Part of the Planning Board approval required an easement on the right side of the property to provide an ADA compliant access to the canal walkway. This will not affect the work done in the Notice of Intent. They have worked with the City to provide a separate wastewater tank that will be activated when the City sewer approaches capacity. It will be tied to the sensor system that is already in place. The final design has not been completed, but the system and configuration have been approved. Small details for the construction plans just need to be finalized. The capacity of the storage tank is 8,000 gallons. It would take approximately 24 hours for the tank to fill. Speaking in Favor: None Speaking in Opposition: None Discussion: B. Buitenhuys asked who the easement was with. M. Hamor said it was the City of Lowell. B. Buitenhuys said it looks like there are a lot of trees near the canal. M. Hamor specified that any tree within the area owned by the private canal operator is staying. They are also providing new trees and planting on site. B. Buitenhuys noted there are a lot of invasive plants on the site. M. Hamor said they will be digging deeply enough that it would remove these plants. B. Buitenhuys asked if the applicant could provide a written plan for the removal of invasive species. M. Hamor said that can be done. P. Belley noted that water level control in the canal has progressed substantially over the years. Flooding is unlikely. M. Burns asked about emergency vehicles access. M. Hamor said they have worked with LFD, conducted a swept path analysis, and it was approved by the Planning Board during Site Plan Review. R. Ciccarelli asked about the phases of construction. M. Hamor said the tank system will be put in first, along with the duplex. B. Buitenhuys asked for some more information on the stormwater system. Staff comments indicated there may be bedrock. M. Hamor said they’ve done full soil testing that doesn’t show ledge. Motion: P. Downs motioned to close the public hearing. R. Ciccarelli seconded. The vote was unanimous (6-0). P. Downs motioned to issue a City of Lowell Standard Order of Conditions, with the special condition that the applicant shall submit documents showing how they plan to remove invasive species from the site. R. Ciccarelli seconded. The vote was unanimous (6-0). OTHER BUSINESS B. Buitenhuys said he is interested in requiring future larger scale developments remove the invasive species as part of the conditions of approval. R. Ciccarelli noted that the chemicals used for the removal may end up in protected areas. S. Laput said setting a specific standard would trigger challenges; among them would be defining the size of the project that would trigger the requirement. B. Buitenhuys said the goal is to find specific language to use as a special condition—not on the standard order of conditions. P. Downs motioned to ask the Law Department to draft standard language related to the mitigation of invasive species on larger projects that come before the Commission. M. Burns seconded. The vote was unanimous. (6-0). 3/26/2025 meeting minutes R. Ciccarelli motioned to approve the minutes. S. Laput seconded. The vote was unanimous (6-0). ADJOURNMENT P. Downs motioned to adjourn the meeting. S. Laput seconded. The meeting was adjourned at 7:54 PM.