Lowell commission orders peer review for proposed Old Ferry Road home after flooding concerns

The Lowell Conservation Commission on May 27 voted to require a wetlands peer review for a proposed single-family home at 10 Old Ferry Road, after engineers for the applicant said the lot lies outside a 100-foot buffer to any bordering vegetated wetland while commissioners and residents urged additional verification.

Matt Hammer of Lamplex Engineering told the commission he represents applicant Vicky O'Neil and that a wetlands report and recent land-court decree—which he said expanded the lot—support the conclusion that the proposed house and construction will be outside the 100-foot wetlands buffer and outside the bordering land subject to flooding. "A certified wetland scientist is attesting that there's no buffer on this property," Hammer said, adding he estimated the nearest wetland (the head of Clay Pit Brook) at roughly 260 feet from the proposed work.

Concerns about the site's flood history were raised by a resident, John Hamlet of the Pawtucketville Citizens Council, who described severe local floods during the Mother's Day event in 2006 and said sections of the parcel had been underwater "for 3 to 5 feet." Hamlet urged the commission to require peer review before permitting any work on the parcel.

Commissioners said the parcel carries a long history of scrutiny and that older GIS maps show a former stream on the property. One commissioner said the item was "beyond our ability to fully investigate" without independent review. The commission moved, and approved, a motion to hire a wetland botanist to determine whether a bordering vegetated wetland (BVW) and 100-foot buffer exist on the site; the applicant agreed to be responsible for the peer-review fee. The matter was continued for administrative processing and scheduling; the commission set the matter for the Wednesday, July 22 meeting to allow time for the peer-review solicitation and procurement.

The vote came after discussion about prior notices of intent and orders of conditions for nearby and earlier projects tied to the same property and a pending appeal with MassDEP related to other site work. Commissioners emphasized that, even if final plans show the home outside the floodplain, independent verification of wetland resource lines and elevations was needed because of the site's history.

Next steps: staff will post the peer-review scope, solicit bids, and report back; the applicant will be responsible for the peer-review fee and must provide any requested materials before the July 22 continuation.