Lowell Conservation Commission denies 21 Century Mill LLC plan for 10 Tupi Lane, citing likely wetlands impact

The Lowell Conservation Commission on Wednesday, March 26 voted to deny a Notice of Intent filed by 21 Century Mill LLC to construct three houses at 10 Tupi Lane, concluding the project presented a likely negative impact to wetland resource areas and that further study is needed.

Commissioners said they remain unconvinced about the accuracy of the wetland boundary and noted the commission’s prior determination that identified isolated land subject to flooding on the parcel. The commission’s motion to deny cited lack of confidence in the delineation and the absence of an adequate buffer; commissioners said construction so close to the wetlands would not meet the commission’s standards.

Mister Goddard, the applicant’s representative, told the commission he was present to involve the town and to discuss options including peer review. “If the commission moves to deny the project … this kind of more or less proceeds into an appeal process back to DEP,” Goddard said, adding that he was prepared to discuss peer review if the commission preferred that route.

Several neighboring residents spoke during public comment, raising concerns about drainage, erosion and impacts to yards and trees. Mark Burns of 24 Newbridge Road said runoff currently flows toward 10 Tupi Lane and worried a new driveway and grading could redirect water into neighbors’ yards. “This project is gonna put like a barrier between my yard and his yard. That’s gonna keep water in my yard and affect the neighbors behind me,” Burns said, and asked who would be responsible for snow or debris displaced by construction.

Paul Alash of 17 Tupi Lane asked whether the applicant now before the commission is the same party that filed a prior notice of intent in 2017; commission staff said the earlier filing was by a different owner, and that the prior applicant, identified in the record as Mister Viola, is no longer the owner.

After discussion the commission moved to deny the notice of intent. During roll call the members who recorded affirmative votes to deny included Chairman Buenaventes, Commissioner Ciccarelli, Commissioner Belay, Commissioner Dylan, Chairman Boutenhais, Commissioner Dunne and Commissioner Laput. Commissioner Laput said she expected the matter would be brought back in a future filing by the applicant or appealed to state regulators.

The commission noted that a denial would permit the matter to proceed to the Massachusetts Department of Environmental Protection for appeal and urged the applicant to consider additional field study or peer review if the applicant intends to resubmit.