CONSERVATION COMMISSION

--> [Author:CMM] JFK CIVIC CENTER

50 ARCAND DRIVE

LOWELL, MASSACHUSETTS 01852

March 4, 2009

Members Present:

Louisa Varnum, Kathy Downey, Anne Chalupka, Chris Zacharer, Alysha Lynch

Members Absent:

Kyle Davis

CALL TO ORDER

Chris Zacharer: Called the meeting to order at 7:05

NOTICE OF INTENT

Trinity Hamilton Canal LP

Hank Keating

40 Court Street

Boston, MA 02108

DEP #

Project Location: Jackson Street

Proposed redevelopment of an existing 4-story building, installation of stormwater drains, cistern and rain garden. Rehabilitation of 3 bridges over the Hamilton Canal adjacent to Jackson Street

Richard Jabba: This NOI includes the rehab of the bridges labeled B4, B5 and B6. The project also includes rain gardens, a cistern and piping, a pedestrian bridge. The overhead bridge will be restored but not used.

Louisa Varnum: What dictates what part of the roof can be green

Richard Jabba, Fort Point Associates: The structural support and configuration of the building. Overall we meet the 30% green roof requirement

Chris Zacharer: When will we see building 8 and 9

Richard Jabba: Within the next few years. There is no definitive plan yet

Louisa Varnum: What does the maintenance on the roof consist of?

Richard Jabba: Yearly inspection of the flow. Plants and soil stability. The first year is critical then every two years.

Louisa Varnum: Do you have a plant list

Richard Jabba: No. There are not many plants that can withstand the environmental conditions that will be on the roof.

Chris Zacharer: Chair notes there are no public comments.

Kathy Downey: Motion to close the public hearing

Louisa Varnum: Second

All in Favor

Louisa Varnum: Motion to issue a Lowell standard order of conditions with the following special conditions:

The future development of building 8 and 9 will make up the difference in the percentage of green roof for a total percentage of 35% for this section pursuant to the letter submitted dated 3/4/09

Alysha Lynch: Second

All in Favor

OLD BUSINESS (Continued from 2/18)

Totman Road Radio Towers

Project Location: Totman Road

Report has been submitted detailing work that was done in the wetland without approval

Chris Zacharer: We have referred this to Patty Talty for her opinion on the matter. The Law Department is still working on it.

Kathy Downey: Motion to continue

Alysha Lynch: Second

All in Favor

INFORMAL MEETING (Continued from 2/4)

John Dollard

Enel North America

One Tech Drive

Andover, MA
Project Location: Pawtucket Dam

Chris Zacharer: We completed an informal site visit with the proponent and Christine Thomas

Atty. Manzi: I am here representing Boott Hydro. We first want to thank the board for accommodating us. We have a site visit to review the issues associated with what happened on 1/22 and 1/23. We have had our FERC license since 1983. We want to work with the board. John Dollard the project manager from Enel is here to make a detailed presentation of the practices and detail what happened.

John Dollard, Enel: The site is a 25-megawatt hydroelectric facility that has been owned by Boott Hydro since 1984. There is a 1000-foot masonry dam with 5-foot flashboards for 980 feet. There is also a 5.5-mile network of canals. There is an 8000 cfs flow down the north canal to the facility. The gatehouse is part of the Lowell National Park System. It supplies enough energy for 13200 New England homes annually. The northern gatehouse is a national Historic Landmark. Let me explain how the gatehouse works. Boott has a 10-foot wide easement that has utilities underneath to the Blacksmith shop. There is also a 7-foot wide easement along the wall to get to the gatehouse. There is surface debris and debris that is submerged in front of the gates. There are large trees that go over or through the flashboards. On 1/22 we had to remove the debris because of the ice and cold temperatures. Because of the storm the gates were clogged. We couldn't close the gates. There was hydrostatic pressure building up on the gatehouse. The northern canal water level was fluctuating causing ice.

Atty. Manzi: If the situation was not addressed it put the gatehouse and the canal in danger.

John Dollard: We notified the city for a street closure permit. We place the crane on the street. We were reaching over the gatehouse. The crane was picking up and dropping to free the area. The object was to remove the debris to balance the water level.

Atty. Manzi: The object was to break up the mass in front of the gatehouse not to pick up and drop material over the dam.

Anne Chalupka: Why couldn't you drop it into a dumpster

John Dollard: There is a lamppost in the way. It was an emergency that we were trying to fix

Atty. Manzi: We would have to shut down the whole street for a dumpster.

John Dollard: Boott Hydro is willing to join forces with the city, state and federal officials to formulate a proactive plan to ensure the river continues to flow safely and cleanly.

Atty. Manzi: WE want to create a group with the city engineers conservation commission DCR for a proactive plan for an emergency.

Chris Zacharer: How many times a clean is the debris removed

John Dollard: Usually after spring runoff

Chris Zacharer: How many emergencies like this have you have

John Dollard: I am not sure of any other time like the one we had in January

Chris Zacharer: We were out there last week and there is still a substantial amount of large debris out there. It is a different perspective when you see it in person. It is frightening to see what is down there. A large part of it is trees, brush and mud. I did also see a refrigerator, tires a life jacket. I appreciate seeing the video. I'm satisfied that Enel was trying to protect their asset. The gatehouse is 150 years old. I think they had an emergency. Going forward I would like to see a sub committee to put together a plan. The city residents bare some responsibility in the garbage in there.

Louisa Varnum: After seeing the video I see that it was necessary and unusual for January. I would like to see some debris removed. Maybe there could be a trash collector by the boathouse.

John Dollard: If we have a plan in place and the time to do it we could take down the light pole. As you pull up the bucket you will loose some. If you are thinking of us using something like a log boon that would be difficult because the National Park has to get their tour boats through. The submerged debris can still get through.

Chris Zacharer: I don't see a bucket loaded picking up all that stuff. It is practically a floating beaver dam. Most of it will end up going down river. Maybe at different time of the year it can be removed differently but you will have to get DCR permission. I think you are putting people at risk on a barge or boat.

Louisa Varnum: The trees were probably from the ice storm

John Dollard: It was a major contributor. We do see large pine trees once and a while. There is no way to address without a clam bucket

Atty. Manzi: We look forward to sitting with the working group.

Rocky Morrison, Clean River Project: There is a boat called a skimmer that picks up the trash and puts it in the dumpster. If we can get something like that and the boon that would be great.

Chris Zacharer: How big is it

Rocky Morrison: 30 feet. There is a lot of bottles and trash in there. We would like the state to fund a conveyor boat

Paul Broulette: Enel asked for the permit to put the crane on the bridge but the city didn't know what they were doing with it? I would like the city to know what they permit is for and to oversee the work.

Chris Zacharer: Would Enel object to submitting a letter to the conservation commission when they pull a permit

Atty. Manzi: It is something we would like to work out at a subcommittee meeting

Megan Bouregard, Enel: There was a notice published in the newspaper about what we were going to do

Rocky Morrison: I would like to see the crane on DCR property with a dumpster. We have pulled out 60-foot trees with an excavator

Kathy Downey: Has this ever happened at other plants

John Dollard: Each site is unique. We have a funnel here. We have had debris in other gates.

Kathy Downey: Have you ever had a winter emergency

John Dollard: We have mechanical means and access at other sites. We don't have anything here at this facility.

Bob Gagnon; The video looks edited. We saw them picking up things and putting them next to the edge of the dam. We took a canal tour and didn't come out that gate.

John Knappy: I agree with some of the things that have been presented. The material was there for a long time. If you are going to do something you should do it when the weather is permitable.

Rocky Morrison: It was cleaned in September. We couldn't get the stuff that was pushed against the gate

Chris Zacharer: There is a cease and desist order now. We need to decide if it should be lifted. I would like to talk to the City Manager about this. I think they should be allowed to maintain their gates. I would like to put something in place to guide the debris remove. There are all sorts of parties that are involved in moving forward

John Dollard: We have no plans to do nay work until a workplan is completed.

Louisa Varnum: I would like to see the fish ladder operational

John Dollard: We do have a fish elevator and ladder at the north abutment to the dam. The department of fish and wildlife tracks the passage of fish

Louisa Varnum: Motion to lift the Enforcement Order

Kathy Downey: Second

All in Favor

ABBREVIATED NOTICE OF INTENT

Kanayo Lala

50 Stedman Street

Lowell, MA

DEP# 206-0639

Project Location: 50 Stedman Street

Proposed expansion of an existing parking lot

Kanayo Lala: The temple has been in the building for 7 years. On the east side of the parking is the Black Brook. It has been paved since the building was built in the 60's. During large event we are short on parking. We want to extend the parking by 15-25 feet. There is currently a clear strip that we want to grade and have 51 gravel spots. Volunteers can park there're. The visitors will use the regular parking spots. We want to move the existing spots up by 30 inches. The spots require practically no filling, just remove the topsoil and fill with gravel. There will be not change in runoff. It is gravel now. We are proposing no BMP's

Louisa Varnum: will there be a change in elevation

Kanayo Lala: No

Louisa Varnum: I think the area was filled when the building was put in

Kanayo Lala: Probably, it is very flat.

Louisa Varnum: Will this be the snow storage in the winter

Kanayo Lala: Mostly, unless there is a big event. Then we may have to truck it off site. We are out of the floodplain and the 25-foot buffer zone

Chris Zacharer: Where is the top of bank

Kanayo Lala: MAHW

Chris Zacharer: You have shown 25 feet from the BVW. You need to show 25 feet from top of bank

Louisa Varnum: This is a small tributary of the Black Brook. I think it is a remnant of the Old Middlesex Canal. It joins the Black Brook if there is any water to join

Chris Zacharer: You are filling in the southeast corner

Kanayo Lala: That is within the 25 feet. We can take out those 3 spaces.

Chris Zacharer: The plan has to have the finished grades.

Kanayo Lala: We are trying to stay at 114

Louisa Varnum: You need to keep track of the soil out and the gravel in.

Kanayo Lala: It is approximately 40 cubic yards

Louisa Varnum: How will you keep the gravel from washing out

Kanayo Lala: We are going to keep it flat

Louisa Varnum: Are a lot of trees coming down

Kanayo Lala: There are very few trees it is mostly clear.

Kathy Downey: Motion to continue

Louisa Varnum: Second

All in Favor

MINUTES

Kathy Downey: Motion to approve the minutes of the 2/18 meeting

Anne Chalupka: Second

All in Favor

ADJOURN

Kathy Downey: Motion to adjourn

Alysha Lynch: Second

All in favor

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FAX (978) 970-4262 PHONE (978) 970-4252

08-21-02 document