CONSERVATION COMMISSION

--> [Author:CMM] JFK CIVIC CENTER

50 ARCAND DRIVE

LOWELL, MASSACHUSETTS 01852

February 4, 2009

Members Present:

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

Members Absent:

CALL TO ORDER

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

INFORMAL MEETING

John Dollard

Enel North America

One Tech Drive

Andover, MA
Project Location: Pawtucket Dam

Chris Zacharer: A representative from Enel will not be here tonight. We will be taking the matter up later in the meeting. There will be no public comments. It will be a discussion of procedural issues.

INFORMAL MEETING

Ed McMahon

154 Alcott Street

Lowell, MA 01852

Project Location: 154 Alcott Street

Would like to discuss possibly adding an addition to his house

Ed McMahon: I have inquired to the building department about constructing an extended living space for my in-laws. I have met the building and zoning requirements. It was suggested that I come here for input. I own Lot 12 and 15. I would like to at least square off the house. The second idea was to add on a 2-car garage. I do not know the regulations of what is required.

Chris Zacharer: You are next to the wetland from the Trull Brook

Ed McMahon: Lot 12 I own and it is a wetland. Lot 15 is not. I have hired an engineer that determined that it is not within the floodplain. We have sent the appropriate paperwork to FEMA and will have their answer within 30-60 days.

Chris Zacharer: I am not sure that it would show up on the FIRM map. I think the flood is contained within the culvert. It is close to the floodplain but I thin the house is fine. The wetland area is a valuable resource that affects the whole neighborhood. I would suggest that you need an engineer to show the BVW with the distances. My guess is that it is within the buffer. You will most likely need to file a Notice of Intent depending on how close it is to the wetland.

Ed McMahon: I was here not long along. I don't know if the wetland line has been determined.

Chris Zacharer: It has to be determined by a wetland scientist. It is a fairly defined line. The closer you get to the line the more critical it is.

INFORMAL MEETING

Fort Point Associates

Jamie Fay

33 Union Street

Boston, MA

Project Location: Hamilton Canal District

We like to present an overview of the project

Hank Keating, Trinity Development: The project is for the Hamilton Canal District. The project includes 700 units of housing, 350,000 square feet of commercial office space and 150,000 square feet of retail. It is a 10-year build out plan. The first phase will be the rehab of the Appleton Mills and the Freudenberg building. We have secured funding. The city has contracted for the design of the infrastructure. There will be a separate filing for that work.

Jamie Fay, Fort Point Associates: The resource has been defined as the canals. Most of the work is in the buffer. There is a bridge crossing that may impact the canal. You will probably see many people coming in with different parts of this project. We plan to start May 1. WE may be amending or filing new NOI for different parts. We are doing green building construction. They will bee LEED certifiable. 30% of the roofs will be green. We will be using rain gardens for stormwater treatment. There are a lot of contaminated soils. We don't want to recharge into the soil and have it pick up contaminants that would then end up in the canals. People are very excited about this project. There has been a lot of community involvement. DPD has been very involved.

Hank Keating: Phase 1 will also include 2 bridges. 2 will be rehabbed and 1 will be new. The state took the air rights and a 20-foot strip along the canals for a walkway. We had to get the rights released. Parcel 3 will be turned into a park to meet the requirements of the air rights release. We are also developing canal walks and 2 parks in the northern island.

Jamie Fay: We are providing a route for the trolley service. The site is pretty much clear. It will be a complete redoing of an urban infill site. There will be more green space and less impervious area.

Louisa Varnum: How will you keep the canal clean

Charlie Ware, Fort Point Assoc.: The Hamilton Canal is high and the Lower Pawtucket is lower. There will be haybales and silt fence around them. We may we a sedimentation fore bay. During construction there will be silt sacks around the catch basins. In the long term there will be green roofs and rain gardens. The street drainage will go into the catch basins.

Kyle Davis: where are you in the MEPA process?

Jamie Fay: The comment period on the draft EIR ends Friday. We will then be filing the EIR. We have received a Phase 1 waiver. The elements in phase 1 have been signed off on.

INFORMAL MEETING

John Dollard

Enel North America

One Tech Drive

Andover, MA
Project Location: Pawtucket Dam

Chris Zacharer: I was unaware of the situation until I saw it in the Lowell Sun.

Anne Chalupka: What kind of stuff was it?

Chris Zacharer: Debris that clogs up the dam. They got a permit to close the street. They removed the debris and dumped it on the other side. I am not pleased that they are not here. Their representative is not available for the next meeting wither. I don't like to be ignored. They had notice and chose not to be here.

Louisa Varnum: shouldn't they also be getting a permit when they repair the flashboards?

Chris Zacharer: there is a historic agreement between Lowell and Chelmsford to maintain the flash boards.

Louis Varnum: They were throwing wood and all kinds of things over then.

Chris Zacharer: The type of work requires a filing and an ongoing permit. We can condition it.

Louisa Varnum: It could be clogging the fish ladders down river.

Chris Zacharer: As soon as they touch it, it becomes a resource. If they have some type of special permit then they need to make that known.

Kyle Davis: I think they need to provide an O & M plan for the debris removal.

Chris Zacharer: The Merrimack River is a navigable waterway. I'm sure the Army Corp of Engineers would not be happy with this.

Kyle Davis: I think an official Enforcement Order is the best thing

Louisa Varnum: Are we concerned with other issues?

Chris Zacharer: I am not concerned with what happened but what will happen in the future.

Louisa Varnum: We have people here that can list the concerns with river issues. If we are going to address the concerns with Enel we should have all the concerns.

Chris Zacharer: OK. I will open it up to the public.

Bob Gagnon, Townsend Ave: They use to have a dumpster for the trash. Three out of the four last meetings they have cancelled at the last minute. We are concerned with the height of the flashboards. They are suppose to be 4 feet high in winter and spring and 5 feet the rest of the year according to the Wang agreement

Chris Zacharer: When was the Wang agreement done.

Steve Masse, East Avenue: 1980. Wang negotiated with the Locks and Canals the height of the boards. It is on the deed. The City of Lowell owns some of the land. The boards are supposed to be 4 feet from February to May. The FERC engineer has been here to look at the dam. He told them they have to cut down the size of the pins. The area is affected by the height of the boards. There were 40 gallon blue barrels that were punctured and sent down the river. We don't know what was in there.

Tim Ignacio, Shirley Ave: They used a crane to peel off plywood and send it down river. There were refrigerators, picnic tables etc. The water can't push it over because of the flashboards. They don't open the fish ladder all the time because the debris will get in there. The FERC engineer says they are supposed to remove the debris.

Mark Goldman, 58 Oakland Street: I was at the flood subcommittee meeting. The gall is unconscionable. The boards need to be proactive. You should issue a cease and desist order and make them come before you. It is a drinkable water source.

Deb Forgioni, Townsend Ave: At the task force meeting they were trying to make a case for the bladder system. So they can easily dump the debris. The National Park is against it.

Bob Gagnon: There is no historic value to the bladder system. The higher water level is going to flood out more homes.

Steve Masse: Some of the residents of the area have pumps that run 12 months out of the year now due to the rise in the groundwater.

Tim Ignacio: The dam level controls the groundwater.

John Nappy: Enel went after an MTC grant for $1 million to install the bladder system in Lawrence. They had to go through the Con Com for that.

Kyle Davis: Motion to issue an Enforcement Order to Cease and desist on any work upon or within the Merrimack River and to come to the next meeting on February 18 in particular debris and the reintroduction of debris into the river

Alysha Lynch: Second

All in Favor

Louisa Varnum: Motion to ratify the letter that was previously sent to Enel

Kyle Davis: Second

All in favor

MINUTES

Anne Chalupka: Motion to approve the minutes of the 12/17 meeting

Kathy Downey: Second

All in Favor

ADJOURN

Kathy Downey: Motion to adjourn

Anne Chalupka: Second

All in favor

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

08-21-02 document