Planning Board

City of Lowell - Planning Board Planning Board Meeting Minutes Monday, October 21, 2024 6:30 p.m. City Council Chambers, 2nd Floor, City Hall City of Lowell, 375 Merrimack Street, Lowell, MA Remote Participation Optional via Zoom Note: These minutes are not completed verbatim. For a recording of the meeting, visit www.ltc.org Members Present Chairman Linnehan Vice Chair Frechette Member Cheng Member Tenczar Member Dolan-Wilson Members Absent None Others Present Dylan Ricker, Associate Planner A quorum of the Board was present. Chairman Linnehan called the meeting to order at 6:30 PM. I. Minutes for Approval 10/7/2024 T. Linnehan motioned, and G. Frechette seconded the motion to approve the 10/7 meeting minutes. The motion passed unanimously, (5-0). II. Continued Business 2 Prince Avenue, 1 Markley Way 01852 – Site Plan Review Markley Group, LLC has applied to the Lowell Planning Board seeking approval to alter the industrial site at 2 Prince Ave, 1 Markley Way. The applicant proposes to install nine (9) chillers, four (4) generators, a new water treatment building, and various utility and infrastructure improvements. The subject property is located in the Light Industrial (LI) zoning district. The proposal requires Site Plan Review approval pursuant Section 11.4.2. On Behalf: Tony Moura, Applicant’s Engineer Bill Martin, Applicant’s Representative B. Martin said construction workers from the site from Lowell are in attendance at the meeting and are in support of the project. B. Martin said they will no longer use the pile driver which will minimize the noise impact of construction. B. Martin said construction has begun on previously approved work. B. Martin said they will meet DEP emission requirements. B. Martin said the diesel generators are used if there is a power outage and since Markley has located there, they have not been needed. B. Martin said the noise is minimal and there is only noise the 5 hours per month when the generators are tested. B. Martin said the soil contamination site was closed by MassDEP and if they impact that area they would have to utilize a licensed site professional, they will comply with these requirements. B. Martin said the drawings are fully compliant and they will comply with the Engineering Department comments. B. Martin said they are seeking approval for 4 additional generators, the 12 previously approved are under construction now and they need the cooling towers to go with the generators. B. Martin said the applicant is fully compliant with DEP procedures and does not see a need for 3rd party monitoring of emissions. B. Martin said Bourne Street is in the City ROW and they would not be authorized to do stormwater work in the ROW, and said this may cause more complaints. B. Martin said he is concerned because people park along Bourne Street and neighbors may be frustrated if that is impacted. Aaron Fernandes, Applicant’s Representative Vince Tino, Applicant’s Representative Speaking in Favor: Brian Ainsworth, 128 Foster Street B. Ainsworth said he is an engineer that has work with the Markley Group for 2.5 years. B. Ainsworth said the site has been designed to be the best it can be for the community. B. Ainsworth said they’re pushed to be leaders of data centers. Speaking in Opposition: Jacqueline Coles, 7 Bourne Street J. Coles said her home is at risk if something bad happens at the site. J. Coles said Lowell is an environmental justice community. J. Coles said the community is diverse with many different languages spoken. J. Coles said there is a growing coalition concerned with the work going on a the Markley Site. T. Linnehan read an opposition letter into the record. Eileen Castle, 64 Otis Street E. Castle said there is a 2nd water tank that was supposed to be placed next to her property, and she was opposed. E. Castle said the water towers mist the neighborhood, and said a 3rd water tower was constructed that wasn’t on their plans. E. Castle said chillers were never there and they are new. E. Castle asked what goes into the chillers other than water, and where does the water go afterward. E. Castle asked how much more fuel will be needed for the generators. E. Castle said the gate on Andrews Street is only supposed to be used for emergencies, not for fuel. Nancy Fortes, 36 Iowa Street N. Fortes said Markley misrepresented their annual test on their generators which they run all weekend during testing. N. Fortes said when they turn on and off the generators it spews fumes into the neighborhood. N. Fortes said Markley has reached out to the community few times. N. Fortes said Iowa Street is most impacted by fumes. N. Fortes said Lowell is an environmental justice community and her concerns on Prince Ave have not been addressed. Stephen Malagodi, 216 Market Street S. Malagodi said he believes there are other generator options for data centers than diesel generators. S. Malagodi cited articles online he found related to data center technology. S. Malagodi said there should be other options for Markleys backup power. S. Malagodi said diesel generators in an environmental justice community is unacceptable. Randall Snee, 350 of Greater Lowell R. Snee expressed concern about natural disasters and if one were to occur Markley may need to run generators for an extended period. Neil Dale, 350 of Greater Lowell N. Dale said Lowell has a climate neutrality goal by 2030. N. Dale said Markley needs a legitimate feasibility study for the efficiency of the site. N. Dale said solar panels on site would be more resilient. Jake Fortes, 36 Iowa Street J. Fortes expressed concerns about emissions. J. Fortes said on certain sides of the property MassDEP standards aren’t being met. J. Fortes said filters should be utilized on each side of the site. J. Fortes expressed concern about lost parking spaces on Prince Ave. J. Fortes expressed concern about emissions impacting his property. J. Fortes said natural gas generators with minimal emissions are usable for the site. Discussion: T. Linnehan said the Building Commissioner would be amenable if all emissions site inspections and site evaluations were sent to him in lieu of 3rd party monitoring. B. Martin said 2023 results were submitted to the Board. G. Frechette asked about the retaining wall on Andrews Street and the site line analysis. B. Martin provided a paper copy of the site line analysis. G. Frechette referenced the MassDEP filing sound test, and air quality report. G. Frechette noted the Fire Department did not have any concerns and their fire access requirements were met. G. Frechette said fuel storage is not under Planning Board jurisdiction. G. Frechette said he believes the City administration is addressing parking issues on Prince Ave. G. Frechette said he is frustrated with the gate on Andrews Street and the gap below the fence. G. Frechette asked if the Fire Department had a key to the Andrews Street gate. B. Martin said they are unsure. G. Frechette said the generator was turned on when they visited the site and the generator was quiet and difficult to hear. G. Frechette said he did not see significant emissions at the time of his visit. G. Frechette said they reference comments from City Departments and use their expertise to guide decision making. G. Frechette noted the Sustainability Department chose not to comment on the air pollution since this is under DEP jurisdiction. G. Frechette said the site has evolved significantly and can understand the difficulties of living near the construction site. D. Tenczar said the site visit clarified how the site functions and need for generators, chillers, etc. D. Tenczar said reports related to air and noise pollution are reviewed by MassDEP. D. Tenczar said he was surprised by the lack of noise during the site visit. D. Tenczar said he was surprised how quiet the generator was. D. Tenczar noted the applicant will comply with the Engineering Department comments. D. Tenczar said the City Council would’ve had to approve Markley taking over a City street which is not under Planning Board purview. D. Tenczar said the noise and air pollution were his primary concerns. D. Tenczar said MassDEP will review these concerns and they are qualified to review. D. Tenczar said the investment is beneficial to the City. D. Tenczar asked where the water goes from the chiller. B. Ainsworth said there are water towers and cooling towers, the cooling towers evaporate water and that then provides cooling. B. Ainsworth said the water is evaporating and roughly 5% is dumped into the sewer. D. Tenczar asked about scrubbers. V. Tino said the scrubbers are diesel particulate filters and they take the particulates and remove them. D. Tenczar asked if they are adding these to both the old and new generators. V. Tino said they are only being added to the new generators and he is unsure if they could be added to the old generators. A. Fernandes said to put the filter on the old generators they would basically have to replace the engine, and said no existing engines are being replaced on the site. A. Fernandes said the cooling towers are monitored and treated for legionnaires. A. Fernandes said they comply with New York standards because Massachusetts does not have standards. C. Cheng said the applicant should work with their contractors to minimize disruptions to neighbors. C. Cheng said the Council is reviewing parking on Prince Ave. C. Cheng said if there is consistent noise issues the neighbors should address this with the appropriate Department. C. Cheng asked if there are any systems to minimize vapors that are emitted. B. Ainsworth said there is a standard drift rate which is impacted by wind gusts. B. Ainsworth said drift eliminators will be on all towers, and these drift eliminators prevent the drift. C. Cheng asked if this was on all existing and proposed towers. B. Ainsworth confirmed. C. Cheng said state agencies will review the air pollution and his concerns were addressed. A. Dolan-Wilson noted there is an environmental impact from the development, and said the Lowell Forward Plan aims to hit energy neutrality by 2050 including in private buildings. A. Dolan-Wilson said her concerns have been addressed by the City and State Departments. A. Dolan-Wilson asked about Markleys power usage effectiveness and noted advancements in the field. A. Fernandes said the current design is 1.25. T. Linnehan said the Building Commissioner will be the point person for noise complaints. T. Linnehan said the biggest noise from their site visit was the construction noise. T. Linnehan said the other concern was air pollution, but this is regulated by MassDEP. T. Linnehan summarized comments from City Department on the project. G. Frechette asked if the applicant will comply with comments related to the contaminated portions if work has to be done there, and requested that be a condition of approval. B. Martin agreed. G. Frechette asked about ADA compliant curbs at Andrews Street as a condition. B. Martin agreed. G. Frechette requested a condition that the City Transportation Engineer review the site line analysis, and a condition that the towers have drift eliminators. C. Cheng and G. Frechette agreed a condition should be added for the security gate on Andrews Street to make the property secure. C. Cheng said a condition should be added to work with Fire during construction to ensure fire safety and access. Motion: G. Frechette motioned to approve with the following conditions: 1. If soil is excavated, the applicant shall work with a licensed site professional to ensure state and federal guidelines are followed and appropriate measures taken during work, and ensure the protection of Hales Brook; 2. The applicant shall install ADA compliant curb ramps on the driveway crossing on Andrews Street; 3. The applicant shall provide the MassDEP noise and air quality reports to the Building Commissioner on an ongoing basis and at the Commissioner’s request; 4. The site line analysis shall be reviewed and approved by the City Transportation Engineer; 5. The applicant shall install drift eliminators on the proposed cooling towers, and the drift eliminators on the existing cooling towers shall be maintained; 6. The applicant shall have the gate on Andrews Street secured to prevent people from crawling under the fence; 7. The applicant shall work with the City Fire Department to ensure fire access and safety during the construction phase of the proposed improvements; and 8. The applicant shall maintain compliance with MassDEP requirements at all times. A. Dolan-Wilson seconded the motion. The motion passed unanimously, (5-0). III. New Business 685 Chelmsford Street – Special Permit Global Realty Network, Inc has applied to the Lowell Planning Board seeking approval to convert the existing two-family building to a three-family building at 685 Chelmsford Street. The subject property is located in the Traditional Mixed-Use (TMU) zoning district. The proposal requires Special Permit approval from the Planning Board pursuant Article 12.1(c) for three (3) units on a single lot. The proposal will also require Zoning Board approval. On Behalf: Catherine Flood, Applicant’s Representative C. Flood explained the proposed project. C. Flood said there will be no exterior alteration. C. Flood said the work aligns with the Master Plan by adding to the housing stock, adding housing in close proximity to a bus stop, and increasing tax revenue. C. Flood said the site plan shows sufficient parking for 6 vehicles. C. Flood noted there are 2 spaces that back out onto Chelmsford Street, and said other properties do this. C. Flood said the client is OK with installing a mirror. C. Flood cited letters of support for the project. Matt Hamor, Applicant’s Engineer M. Hamor explained the existing conditions and proposed plans. M. Hamor said they intend to plant a shade tree. M. Hamor said a dormer would be added on the 3rd story. Speaking in Favor: T. Linnehan cited the letters of support. Janet Flynn, 16 Norcross Street J. Flynn said the work will be an improvement to the neighborhood with the home being completed and lived in as it should be. J. Flynn said she has no objections to the home becoming a three-family. Sandy McNamara S. McNamara said she visited the site and feels it will help by adding rentals to the City. S. McNamara said she thinks it is a good project for the City. Speaking in Opposition: T. Linnehan said they received a letter in opposition, but it was not signed. Discussion: C. Cheng asked about the heigh of the attic. M. Hamor said there is a gable and the height appears larger than it is. G. Frechette said providing parking on site is a plus, but his concern is that Chelmsford Street is an arterial road, and we are basically making the front yard parking. G. Frechette said from a streetscape perspective it is not beneficial to have a driveway there. G. Frechette noted the elevation change on the site and asked about the grade. M. Hamor said the driveway will not exceed 6% grade. M. Hamor said they would cut into the grade with a walkway to the front door. G. Frechette expressed concern about the front parking spaces. C. Cheng asked for alternatives to the parking location. M. Hamor said they could try to place a spot along the side of the existing driveway. A. Dolan-Wilson asked about the retaining wall, M. Hamor said they could use a fieldstone wall and make it look nice. D. Tenczar said he has concerns with the driveway on Chelmsford Street. D. Tenczar said parking should in the rear with the garage removed. D. Tenczar said he has concerns because Chelmsford Street is a busy street. M. Hamor said there would not be significant traffic going in and out daily. M. Hamor said they could add 1 additional space at the rear and get a Variance for relief from 1 parking space. T. Linnehan noted staff comments related to the proposed driveway. T. Linnehan said he would be more inclined to have 1 parking space in back than the 2 in front. D. Tenczar, and C. Cheng agreed. The applicant agreed. Motion: T. Linnehan motioned to approve with the following conditions: 1. The applicant shall remove the driveway on Chelmsford Street and shall add 1 parking space to the Norcross Street driveway; and 2. The applicant shall obtain DPD approval for the Landscaping Plan. D. Tenczar seconded the motion. The motion passed unanimously, (5-0). IV. Other Business V. Further Comments from Planning Board Members VI. Adjournment D. Tenczar motioned and A. Dolan-Wilson seconded the motion to adjourn the meeting. The motion passed unanimously (5-0). The time was 9:47PM.