Neighbors push back on 102 Tupi Lane proposal; commission continues NOI amid DEP settlement talks

21 Century Mill LLC’s plan to construct three single-family homes at 102 Tupi Lane remained unresolved after a lengthy public hearing on Jan. 3; the Lowell Conservation Commission continued the notice of intent to its Jan. 22 meeting because a DEP file number has not been assigned.

Scott Goddard of Goddard Consulting explained the NOI is part of a settlement process with the Massachusetts Department of Environmental Protection (DEP). He said earlier administrative and DEP reviews identified bordering vegetated wetlands (BVW) and an intermittent stream on the lot. The settlement application shows the flagged BVW and proposes modest alteration (642 square feet) to allow access around rear yards and a 68-square-foot alteration for a driveway approach; the plan proposes 1,591 square feet of wetland replication, exceeding the state’s 1:1 requirement.

Neighbors expressed sustained opposition, citing long-standing wetland connections, shifting soils, collapsing roadway and sewer infrastructure, and wildlife habitat. Resident Red Curry said the parcel forms an ecological corridor from the adjacent state park down to the Merrimack River and warned of sinkholes and collapsing yards and sewers. Mark Burns and other neighbors recounted past enforcement and earlier denials; several speakers said the DEP previously found wetlands on the parcel and that the issue has been litigated. Residents provided photos, videos and said they had submitted material to the state.

Brent Rourke told the commission he documented hatchling Blanding’s turtles on nearby properties and reported his findings to the Natural Heritage and Endangered Species Program; he said the division confirmed the turtles. Multiple speakers described deer, fox, owls, bobcat and other wildlife using the area and urged the commission to consider broader watershed and habitat impacts.

Goddard described the technical approach on the plans — showing how the houses could be sited, identifying a small amount of BVW alteration to permit rear-yard access, and proposing replication and erosion controls. He said the NOI was filed to allow the adjudicatory hearing with DEP to be stayed while the local permitting process proceeds.

Commissioners asked procedural questions about the DEP file assignment and information the commission might want for its next review. Without a DEP number the panel could not close or decide the matter; Commissioner Ciccarelli moved to continue the hearing to Jan. 22 and the commission voted in favor.

The record will remain open; applicants and interested neighbors may submit additional materials. The commission preserved its ability to require further surveys, DEP coordination or species-specific input when the hearing resumes.