CONSERVATION COMMISSION

--> [Author:CMM] JFK CIVIC CENTER

50 ARCAND DRIVE

LOWELL, MASSACHUSETTS 01852

February 18, 2009

Members Present:

Louisa Varnum, Kathy Downey, Kyle Davis, Chris Zacharer, Alysha Lynch

Members Absent:

Anne Chalupka

CALL TO ORDER

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

NOTICE OF INTENT

City of Lowell - DPD

50 Arcand Drive

Lowell, MA 01852

DEP #

Project Location: Jackson, Revere “C” and “E” Streets

Proposed construction of a temporary bridge over the Hamilton Canal on Revere Street Extension. Replacement of existing Revere Street Extension bridge.

Jamie Fay, Four Point: We were at the last meeting with an overview of the project. We showed the master plan drawing. Phase 1 is the rehab of the Appleton Mills and the rehab of the Freudenberg building with streets and drainage.

James Errickson: Phase 1 is street c and d. C includes the Revere Street Bridge. D is the first section into the Appleton Mills courtyard. We have secured an engineering firm to design phase 1. We are on the fast track due to a state grant. The design includes the road, sewer, water etc. The construction has been expedited. We expect the road construction may start by May.

Jamie Fay: We have been going thought the MEPA draft review and have been approved. We have a Phase 1 wavier. There were some DEP comments

Charlie Ware, Meridian Associates: The projects are intertwined. The heavy line defines the city portion. Which is to install the new bridge and the temporary bridge, put the new road in and a sewer line to the pump station. The existing water and sewer line will be replaced. The other utilities will also be replaced. The stormwater will be collected through the catch basins and directed to the lower canal through the stormseptors. There will be 77% TSS removal. And another 25% removal in the catch basin. In excess of 80% that is required by DEP. The site is historically hardscaped. There is no increase in impervious material. 1/3 of the roofs will be green. That was written into the form-based code. There will be planters and tree belts on the site. Futures phases will include parks. We can't infiltrate due to contamination on the site. The contaminants would be moved into the canal. There will be sedimentation fore bays as part of the construction. The locations will be determined by the contractor.

Chris Zacharer: Is the reconstruction of the street c bridge part of this

Charlie Ware: Yes

Chris Zacharer: Do you have the specifications on that

Charlie Ware: They are in the NOI. The temporary bridge there is no impact. The permanent bridge will require the reconstruction of the canal wall

Chris Zacharer: Will the canal be drained during construction

Jamie Fay: We have met with Enel. The National Park just fixed the locks upstream. We are working with them on the timing. If we can't then we will do coffer dams and dewater.

James Errickson: They rarely drain the canals. Only like twice a year

Kyle Downey: Why not use the drill shaft foundation

Jamie Fay: The new canal wall will be part of the foundation. The condition of the wall is not great. We would have to go farther down. We are trying to make it less visually intrusive and still have clearance needed underneath.

James Errickson: the city is working with TEC and the National Park due to the historic nature of the canals. We have had a number of meetings on the bridge design.

Louisa Varnum: How will you deal with things that fall in.

Jamie Fay: The ideal situation is to dewater the canal so there is no issue with debris. If dewatered we would take the opportunity to clean what is there. It is unlikely that sheet piling or anything will get in there. We will have haybales and a silt fence.

Chris Zacharer: Is the demo part of the filing

Jamie Fay: On the road and the utilities

Chris Zacharer: Explain the dust control:

Charlie Ware: Dust control will be done by watering. The steel will be taken off site. It will be taken apart more than knocked down.

Chris Zacharer: I would like the contractor to present a review of the way they are going to do it. There will be large equipment in there.

Louisa Varnum: When the utilities are put in are they backfilling

Charlie Ware: That depends on what they find.

Jamie Fay: the trench will be backfilled with clean material. There is a soil management plan for the site that will be run by an LSP

Louisa Varnum: so you will be testing at the same time

Jamie Fay: some testing has already been done. We will try to keep the material on site

James Errickson: There are more urban fill soils on the site. They are not required to be removed. There is a soil management plan for the site it will dictate what happens with the soils.

Chris Zacharer: what will happen with the remnants of the old bridge.

Jamie: Fay: We are going to keep as much as possible. The new bridge is wider. It will accommodate 2 lanes and a trolley

Kyle Davis: will Trinity maintain the roads

Charlie Ware: originally that was the case but now the City is going to take them over

Kyle Davis: I would like a stamped version of the stormwater report.

Chris Zacharer: The floodplain is in the canal way

Charlie Ware: Yes

Mark Goldman, 58 Oakland St: Would like to be recorded in favor of this project. It is a great project the sooner it begins the better. It is a great plan and will be a boon to the city.

Kathy Downey: Motion to close the public hearing

Alysha Lynch: Second

All in Favor

Kyle Davis: Motion to issue a Lowell standard order of condition with the following special conditions

1. Proponent shall submit a demolition plan for the building and the bridge. Said plan shall include a means for controlling debris

2. A snow removal plan shall be submitted for the site

3. Final bridge plans shall be submitted for approval

4. Stamped plans showing a revision date of 2/18/2009 and a stamped copy of the stormwater report shall be submitted.

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.

Charlie Ware: The stormseptors will provide additional treatment. We proposed a cistern for rainwater harvesting to collect the rainwater to irrigate the site plantings. Everything takes advantage of the system in the street. The stormwater management reports outlines the Operation and Maintenance.

Chris Zacharer: Are the islands privately owned

James Errickson: City owned

Chris Zacharer: Will the new streets be public ways

James Errickson: Yes

Chris Zacharer: Will there be sidewalks

James Errickson: Yes. We are going before the Planning Board tomorrow night

Chris Zacharer: The area will support a lot of pedestrian traffic. The city is negligent in snow removal for private owners. The city hasn't done a lot of snow removal this year. What is the O&M plan for the snow removal and stockpiling of snow

James Errickson: The streets will be plowed like normal streets. There are a couple of green spaces that could be used for storage. We will be selling the parcels to Trinity. I am confident that they will do a good job. We will be working through the issues as needed. I am confident that the private businesses will clear the sidewalks.

Chris Zacharer: I am more interested in the canal walkways

James Errickson: The canal walks are on state property that the city will care for. They will be 25 feet wide.

Kyle Davis: There will be green roofs

Charlie Ware: Yes

Kyle Davis: It would be helpful to see the details on the green roof

Charlie Ware: We can restate the commitment to the roof being one third green. The building is being designed now.

Chris Zacharer: We need to see a working plan of the roof. I would like to see a planting plan with no invasive species brought on site

Kathy Downey: How much water does the cistern hold

Charlie Ware: I would guess 2500 gallons. There is a larger storm pipe that drains off extra water. It is sized to capture 80% of the storms.

Mark Goldman: I am in favor of this proposal. This is a great project and will be a benefit to the city

Louisa Varnum: Motion to continue at the request of the proponent

Kathy Downey: Second

All in Favor

OLD BUSINESS (Continued from 12/17)

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 received a letter dated January 2009 from LandTech Chris Lorraine. We also have the attachment from Atty. John Gallant

Atty. John Gallant: We have been before the board 3 times for ongoing activities last fall. We have detailed the account last November. We feel they were emergent conditions. The towers and fences were FCC violations. We have repaired the fences so the safety issue is taken care of. The tension of the guyed wires still needs to be done. We were back in November with a detailed report. There is a grid of copper wires under the towers. There was substantial disruption when the original work was done. The FCC regulations require that we maintain the towers. At this time we identified the work was needed for access to an emergent situations. We will notify the commission before any other work is done within the wetland. We feel the work was proper to do. We ask the commission to accept the document submitted and not have us file a NOI. We have tried to identify the argument for preemption. The prior owner is here. The matter is in litigation. We don't intend the conservation commission to get involved in that. We don't want a NOI to issue due to that.

Chris Zacharer: I recused my self at the last hearing. Mr. Flood called me and indicated that the Lowell 5 no longer interested. I no longer see that there is a conflict. If anyone objects please let me know. I would like the opinion from the Law Department on preemption. As I understand you are required to follow state and local laws. There may be a conflict between regulations. I would like an opinion from our council.

Louisa Varnum: I felt the letter didn't add any new information. It doesn't address that we spoke about a plan for compensation. I would be interested to know what the city solicitor thinks. I agree that the work was necessary.

Chris Zacharer: My interpretation is we would be required to permit the work we usually would not allow but we could permit it provided you show compensation. Had you proceeded under a NOI normally we would have said no but because it is mandated under FCC you have to show replication for the disturbance.

Louisa Varnum: We said it would be bad to disturb the forested area to compensate but by the access road could be graded for compensation

Kyle Davis: We asked for the square footage of disturbed area and the function of the impacted wetland. Regardless of preemption the Clean Water Act should still apply that is governed by the Army Corp of Engineers. Filling of 10,000 square feet would require their approval. The second restriction on the deed you keep referring to says that you can't fill.

Kathy Downey: I was taken back by the tone of the letter. I thought we were all on the same page. It doesn't appear that way now.

Chris Zacharer: I would like to refer this to Patty Talty for her opinion.

Atty. Martha Howe: I am perplexed that Atty. Flood called you

Chris Zacharer: He called to tell me that they were no longer interested in the project

Atty. Martha Howe: They haven't been the escrow agent since 8/7/08

Chris Zacharer: My perception was that there was a conflict. I feel that no longer exists

Martha Howe: I feel this is an attempt to divert attention from the filling in the wetland. The case they site is a tower with a swamp with alligators and leeches.

Kyle Davis: What are you trying to get from us

John Gallant: Jurisdiction under the preemption statues. It is councils opinion that you can't tell us what to do that the FCC does. Certain work has to be done. I didn't want a battle. The work has already been done and the details have been given to you.

Kyle Davis: The FCC says you have to have access not a 20-foot road

John Gallant: If we can't get vehicle done we don't have access

Chris Zacharer: I think we can both agree that it is significant fill whether there is a FCC or FAA preexemption or not. I think we are wasting time until we get an opinion on whether we can act or not.

Kathy Downey: Motion to submit for a legal opinion on preexemption and on our authority

Louisa Varnum: second

All in Favor

MINUTES

Louisa Varnum: Motion to approve the minutes of the 2/4 meeting

Kathy Downey: Second

All in Favor

ADJOURN

Kathy Downey: Motion to adjourn

Kyle Davis: Second

All in favor

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08-21-02 document