The City of Lowell • Division of Planning and Development

JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852

P: 978.446.7200 • F: 978.970.4262

www.LowellMA.gov

Adam Baacke

Assistant City Manager/Director

Anne Barton

Deputy Director

CONSERVATION COMMISSION

JFK CIVIC CENTER

50 ARCAND DRIVE

LOWELL, MASSACHUSETTS 01852

December 2, 2009

Members Present:

Chris Zacharer, Anne Chalupka, Alysha Lynch, Louisa Varnum

Members Absent:

Kathy Downey, Kyle Davis, Nate Moore

CALL TO ORDER

Chris Zacharer: Called the meeting to order at 7:15

REQUEST FOR CERTIFICATE OF COMPLIANCE

Christopher Lumenello

181 Marsh Road

Pelham, NH

DEP # 206-0605

Project Location: 91 Seventeenth Street

Christopher Zacharer: We have an as-built and a letter from Aho Surveying. Is this your house or did you just build it?

Christopher Lumenello: Sold it.

Chris Zacharer: Has anyone been out there?

Louisa Varnum: No. Nothing is disturbed behind the wall. I don't think there is a real issue.

Chris Zacharer: Your building footprint is different from what was proposed. You're ok, because it actually turned out to be farther from the resource area. On the original proposal you had a deck which you have now moved over to the side. You have increased the back of the house by a couple of feet. The original proposed setback was 16 feet with a 21 foot depth and this house is 24.8 as indicated on the as-built.

Christopher Lumenello: That was probably an old plan because we changed the whole house.

Chris Zacharer: That was the plan that was approved. Any time there is a change or modification to a plan it should be brought back for approval with the Conservation Commission. It worked out ok because you're further away from the resource area, which we always like to see. I am satisfied and do not have any issues with this.

Louisa Varnum: Motion to issue a Certificate of Compliance.

Alysha Lynch: Second.

All in Favor

INFORMAL MEETING

Peter Ngeth

35 Ruth Drive

Dracut, MA 01826

Project Location: 409 Pawtucket Street

Chris Zacharer: I drove by this. I didn't stop in to take a close look at it. I noticed some stockpiling along the river.

Peter Ngeth: My contractor performed tree removal and removed some fill from the front yard. He dumped everything from that work in the backyard.

Louisa Varnum: Have you removed the fill or is it still there?

Peter Ngeth: It's still there. My contractor told me that he cannot remove it until the Conservation Commission says he can. I told him I would pay him to take it out but he said he couldn't do it right now.

Chris Zacharer: Was that landscaping fill or new loam to be placed? Without taking a look at this we are kind of at a disadvantage. I may drive by.

Louisa Varnum: I drive by it everyday. Did you want to do any work on the wall along the river?

Peter Ngeth: I don't think I want to spend a lot of money because I don't live there.

Louisa Varnum: Why was the dirt put in the back? Was it because your contractor didn't want to take it away or because you wanted to fill in the back?

Peter Ngeth: I don't know. I hired the guy to remove the tree and he dumped it on the back side. I told him all the trees needed to come out. He said he had a big machine to grind them. Now he says he can't do anything until the City says he can.

Louisa Varnum: So you want to take all the trees on the property out?

Peter Ngeth: Yes.

Chris Zacharer: There are a couple of legal issues regarding tree removal that close to the Merrimack River. One is that it's in a buffer zone of a resource area and that falls under our jurisdiction, so you would need approval to do that. The second thing is that you probably need a permit from the Natural Heritage and Endangered Species Program. We have bald eagles in this area and they are a protected species. They use the trees along the river to fish. Even if we say that you can take down the trees, they may tell you no.

Peter Ngeth: We won't cut down the trees in the back. I only cut down the trees on the front of my house.

Louisa Varnum: So you don't want to take anymore trees down?

Peter Ngeth: No. I just removed the trees in the front and the contractor put them in the back. I just want to remove the logs.

Chris Zacharer: The logs in the back can be removed. The soil stockpiled in the back has to be removed.

Peter Ngeth: Can I just slope it?

Chris Zacharer: No. There are a couple of issues there. One, it is flood plain, which means you can't bring fill into that area to begin with. You can't alter the grades at all.

Peter Ngeth: There's one more thing. I want to build a wall. Do I need a permit for that?

Louisa Varnum: You want to put a new wall?

Peter Ngeth: Yes.

Louisa Varnum: Where?

Peter Ngeth: On the river.

Louisa Varnum: No, you can't do that.

Chris Zacharer: Standing in your back yard, looking to the right, do you see a wall? There's an old rock wall that has about a 4 or 5 foot drop.

Peter Ngeth: I'm not sure.

Chris Zacharer: I'm sure there's a wall there. The National Park might even have a right-of-way.

Louisa Varnum: Can you tell me again what you wanted the landscaper to do?

Peter Ngeth: We just wanted him to remove the tree in the front and then take it away. He took some dirt from the front and put it in the back and make a slope. We don't want to put dirt back there. We just want to make a slope.

Louisa Varnum: Do you need to take some of the dirt from the back and put it in the front?

Peter Ngeth: No. The front is too high. We took some from the front and put it in the back.

Louisa Varnum: If they were to restore the property they may not need to file, but it sounds like they want to do something back there.

Chris Zacharer: If all you want to do is remove the trees that have been cut and you remove the dirt piles, you don't need to file.

Peter Ngeth: And make a slope?

Chris Zacharer: No, you can't do that. All fill that was put in the backyard has to be removed off-site. It cannot stay there.

Peter Ngeth: Ok.

Chris Zacharer: The fill cannot be spread around either.

Peter Ngeth: Even if I file for a permit to build a wall?

Chris Zacharer: If you wanted to build a wall, you would have to come through us with engineered plans showing the precise location and what you intend to do.

Peter Ngeth: Would you approve a wall?

Chris Zacharer: It depends on how close it is to the river. If the wall is within 25-50 feet, probably not. There's a no disturb zone from 0-25 feet from the river. From 25-50 feet, it would have to be very special circumstances. Up to 100 feet, there's a 100 foot buffer zone. Outside of 100 feet you can do what you want as long as it doesn't disturb anything within 100 feet. Anything within 100 feet you have to file with us.

Peter Ngeth: Even for landscaping?

Chris Zacharer: Yes.

Peter Ngeth: Do I need a permit to cut the grass?

Chris Zacharer: No. You can mow the grass, prune the trees, prune bushes, as long as it's not destructive pruning. There are certain guidelines based on the percentage of cover you're affecting.

Peter Ngeth: What if it's a dead tree?

Chris Zacharer: It's best to send us a letter. We'll have someone come out to look at the tree and let you know if it's ok. For now you can remove the logs and you need to remove the fill. You can't spread it back there.

ADJOURN

Chris Zacharer: Motion to Adjourn

Alysha Lynch: Second

All in favor