Conservation Commission

Leominster Conservation Commission Meeting 6:02 pm, November 14, 2023 Bob Sicard, Nick Venti, Mike Cichy, Chair Chuck Raymond, and Conservation Agent Nick Kremp present. Pursuant to MGL CH 131 § 40, Massachusetts Wetlands Protection Act, the Leominster Conservation Commission will hold a Public Hearing on a Request for Determination of Applicability. Address: 61 Lowe Street, Map and Parcel 488-2. Kathleen Going, property owner, and John Higgins, contractor, presented on the project. Mrs. Going stated that she would like to make a small area, just large enough for a car, with several inches of crushed stone to serve as a driveway. The area is currently existing lawn and is 25 feet away from the wetland boundary as delineated for a previous RDA this year. Mr. Higgins asked if there is a minimum distance that he must keep from the wetland line. Mr. Kremp explained that as long as the work done matches what is presented on the plans, he may come as close as 25 feet from the wetland line as marked with pink flagging. Mrs. Going asked about weed control for the “bamboo” (Japanese Knotweed) on her property. Mr. Kremp explained that this is an invasive weed so she would be free to have it mechanically removed with hand tools. If she wishes to use chemical pesticides, she is encouraged to speak with the Agent prior to any new treatments in the buffer zone. Mr. Sicard made a motion to close the public portion of the discussion. Mr. Cichy seconded. Motion passed 4-0. Mr. Cichy made a motion to find a negative 3 determination with the added conditions that erosion control barriers be installed prior to start of work and that they remain in place until the site is stabilized and that no machines will work outside of the erosion control barrier. Mr. Sicard seconded. Motion passed 4-0. Regular Meeting Extension Request - Hillery Road, Lot 7A, DEP File #199-1126. Mr. Raymond Hoy and Ms. Diane Peralta, property owner of lot 7A Hillery Road, presented on the request. Mr. Hoy read the following written statement: “We’re the owners of lot 7A, Hillery Road. We would like our comments on record in this meeting and request that your comments also be made part of the minutes of this meeting. As you know, 7A, Hillery Road is a beautiful lot that is an approved building lot in a lovely neighborhood. As you also know, our land was seriously affected due to the allowed plan of the Harwood Terrace lot above us which this committee approved. Our land has been on the market almost 9 months now and have had several buyers and builders who have had serious interest in the lot but have eventually backed out of the purchase due to issues that were caused by the Harwood fiasco. Each month that passed cost us time, money, and undue stress. We are told that the issues are finally resolved and our land is back to its original state. We have another interested buyer who may not prepare to build for sometime. We do need your Commission to extend it (the existing order) as it’s set to expire in April. We understand that the normal period to extend is two years. Because of the 9 months that we were held back from selling our land, we request an additional year for a total extension of 3 years. We feel this is only fair, We have been very patient through this process. Thank you for your time and consideration.” Mr. Raymond asked what are the Commission’s options in terms of extending the order for a given period. Mr. Kremp explained that there are certain instances in which an extension request may be denied, such as changed conditions, which is what led to the Commission denying an earlier request from this past summer when increased run-off was coming off of Harwood Terrace. It’s up to the Commission whether or not they wish to extend an order and for how long, but it may be for up to 3 additional years past the existing expiration date. Mr. Cichy asked if there is a sewer connection associated with this project. Ms. Peralta said that it is approved for septic. Mr. Venti asked Mr. Hoy and Ms. Peralta whether or not they agreed that the issues on their lot stemming from the Harwood Terrace project have been resolved. Ms. Peralta stated that they have not been to the property since Mr. Kremp had communicated the intention of the Harwood Terrace owner to clean the sediment from the stream channel on their property but if that has been done, then the answer is yes. Mr. Kremp confirmed that he had spoken with Mr. Brennecke and the stream had been cleared. Mr. Kremp displayed an old site plan for the lot showing the approximate wetland line to illustrate to the Commission the layout of the lot. He also confirmed that the wetland line remains accurate per his personal site visits over the summer and again in the past month. Mr. Sicard made a motion to extend the existing order of conditions (DEP File #199-1126) for an additional 3 years for a new expiration of April 27, 2027. Mr. Cichy seconded. Motion passed 4- 0. Emergency Certifications – 632 Pleasant Street, driveway crossing Mr. Kremp issued an emergency certification the previous week for the work to install a new box culvert (3 feet x 12 feet x 20 feet) under a driveway crossing which has been rendered impassable by the September flood. Mr. Venti made a motion to ratify the emergency certification for work on the driveway stream crossing in anticipation of a future Notice of Intent for this work. Mr. Sicard seconded. Motion passed 4-0. Upcoming NOIs 69 Belair Heights, unpermitted clearing Mr. Kremp explained that he received an anonymous tip during the previous week about unpermitted clearing near wetlands at this address. Mr. Kremp visited the area and could see evidence of recent tree clearing from the street and from recent satellite imagery. He made contact with the property owner, Justin Kirouac, and informed him about the Wetlands Protection Act and the requirements it lays out for alterations around wetlands. Mr. Kirouac will be in touch over the next few months to submit a Notice of Intent for the tree clearing and lawn expansion. The Commission took no action at this time. Enforcement Mechanic Street clearing update Mr. Kremp explained that the landowner (Guido Digiovantonio) is in discussion with attorneys trying to clear up some questions about property boundaries and access rights with the nearby Johnny Ro park. Once those questions are cleared up, Mr. Digiovantonio will be in touch about his future plans for the site. The Commission took no action at this time. Meeting Minutes – September 26, 2023 Mr. Cichy made a motion to accept the minutes as they appear on the shared drive with edits. Mr. Sicard seconded. Mr. Venti abstained due to absence. Motion passed 3-0. October 10, 2023 Mr. Sicard made a motion to accept the minutes as they appear on the shared drive with edits. Mr. Cichy seconded. Mr. Venti abstained due to absence. Motion passed 3-0. Commissioner news – National Grid Draft Environmental Inspection Report Mr. Kremp read a piece of a notice he received from National Grid about plans to update and reconstruct the A1/B1 transmission lines which is anticipated to begin in Fall 2025. The Commission took no action at this time. Commission support for LAND Grant to purchase Pierce Street parcel Mr. Kremp reintroduced the document which the Commission previously signed to endorse expressing their support for the City’s use of a LAND Grant to purchase 53 acres of open space on Pierce Street. Mr. Kremp explained that the grant administrators need two wet signed copies from the Commission and so recommended revoting with the present attendants to sign both copies. Mr. Cichy made a motion for the Commission to vote in favor of the City’s use of the LAND Grant funds to purchase the 53-acres of open space on Pierce Street. Mr. Sicard seconded. Motion passed 4-0. Adjournment Mr. Venti made a motion to adjourn the meeting. Mr. Sicard seconded. Motion passed 4-0. Meeting adjourned at 6:59 pm.