Residents press commission over wetlands, flooding and turtles as 21 Century Mill LLC asks to continue 10 Tupi Lane review

The Lowell Conservation Commission continued the public hearing for a Notice of Intent filed by 21 Century Mill LLC to construct three single-family homes at 10 Tupi Lane after the applicant said it had just received Massachusetts Department of Environmental Protection (MassDEP) comments and a DEP file number.

Anthony Gee, a wetland scientist with Goddard Consulting, told the commission the team had received the DEP file number and comments on Jan. 17 and that “due to the quick turnaround, we don't have new materials ready for today.” Gee said the applicant would submit a full supplemental submittal addressing MassDEP comments well ahead of the Feb. 12 commission meeting and requested a continuance to that meeting.

Multiple abutters and neighborhood residents told the commission they oppose development at the site and raised concerns about flooding, erosion, habitat and infrastructure. Mark Burns, who said he and his wife live at 24 Newbridge Road and that their property abuts 10 Tupi Lane, said the proposed driveway would be “three times the length of my small 420 square foot project” and warned that the work would cut down trees and “it's gonna be calling for cutting down trees, brushes, scraping to smooth it out.” Burns also described standing water and wildlife on and near the site and said neighbors provided videos and photos to the state and the city.

Several residents asked whether filing the NOI constitutes an admission that the property is wetland. A commission member replied that the NOI is an application and that filing it does not necessarily negate ongoing appeals or peer-review determinations. Commission staff confirmed the DEP has issued a file number and provided comments noting that the project “cannot be approved as proposed,” that there were questions about wetland delineation, the erosion control line and limit of work, and the wetland replication plan narrative.

Other speakers asked the applicant to provide additional technical material, including an inventory and map of trees to be removed, a line showing the 50-foot offset from the bordering vegetated wetland (BVW) in addition to the 100-foot buffer already shown, specification of construction materials (for example, paving), the results of a geotechnical investigation, whether proposed houses will have basements and what waterproofing mitigation is proposed, and detailed planting plans for any replicated wetlands. A conservation trust contact and a resident reported observations of Blanding's turtles — a threatened species — in the neighborhood and asked the commission to consider species protections.

Commission staff said that flood compensation and engineering review would be required if the project altered flood storage or the public street and that the commission enforces the Wetlands Protection Act and reviews data from neighbors and applicants before deciding. After public testimony, a commissioner moved to continue the hearing to Feb. 12 so the applicant could submit revised materials; the motion carried by voice vote.