Conservation Commission

Leominster Conservation Commission Meeting January 9, 2024 Nick Venti, Chair Chuck Raymond, Vice-Chair Rich Gullick, Jim Chambers, Bob Sicard, Mike Cichy, and Conservation Agent Nick Kremp present. Meeting started at 6:02 PM Pursuant to MGL CH 131 § 40, Massachusetts Wetlands Protection Act, the Leominster Conservation Commission will hold a Public Hearing on a Notice of Intent for the construction of an industrial building in a wetland buffer zone. Address: 21 Jungle Road. Map and parcel 301-1 . DEP File #199-1189. Chris Anderson, Hannigan Engineering, presented on the project. The applicant is proposing the construction of an industrial warehouse. There are existing wetlands to the west on land owned by National Grid. The project will alter the buffer zone only with the closest disturbance to the wetland line being approximately 25 feet away. Currently, water flows from the south toward Old Mill Road to the west of the site where it pools and dissipates back underground through the sandy medium on site. Therefore, proposed activity will not affect water flowing into the nearby wetland. In high rain events, water seeping out of the ground flows onto Jungle Road. Post construction, water falling onto the site will be directed into the constructed detention basin and from there into the stormwater infrastructure along Jungle Road. Currently wetlands to the west are situated at a higher elevation than the existing site. There will have to be a cut into the existing grade to level out the site for construction. The building is being designed for general industrial use but there is no specific tenant yet signed on. Because of ongoing legal matters regarding the ownership of a part of the proposed project area, the agent, Mr. Kremp, recommended that the Commission add a special condition specifying the responsibility of the detention basin to be constructed will be that of the warehouse property owner. With that added condition, Mr. Kremp recommended approval of the order of conditions. Dr. Gullick made a motion to end the public portion of the discussion. Mr. Sicard seconded. Motion passed 6-0. Mr. Cichy made a motion to approve the order of conditions with the added condition as described by the agent. Mr. Chambers seconded. Motion passed 6-0. Certificate of Compliance – 1775 Lock Drive (DEP File #199-1036) Matt Marro, of Matthew Marro Environmental Consulting, presented on the request. The request is for a partial certificate of compliance for lot 1, Map and parcel 323-1 (currently occupied by The Botanist cannabis dispensary) while the ongoing issues surrounding lot 2, Map and parcel 323-13 (which contains the warehouse) are worked out. Some trees and meadow mix have been planted on lot 2 to bring it back into compliance but there are some remaining areas being utilized by the truck repair business which were not permitted. Mr. Marro pointed out on the site plan a row of trees to the south of the warehouse (on lot 2) which have not been planted and an access road on lot 1. Both of these are outside of the bufferzone and riverfront area. Mr. Kremp agreed with the two issues but also pointed out that there are trucks and equipment which are parked on lot 1 which are in the bufferzone. Mr. Marro said that he would take these concerns back to the property owner. Once a plan to address the issues raised in this meeting has been formed, Mr. Marro will return for the next available meeting to present the request again to the Commission. There was no action taken by the Commission at this time. 16 Wildflower Road Appeal, Info session Started at 6:39 PM John Plifka (McCarty Engineering) led the presentation. He stated that the project was first introduced to the Leominster Conservation Commission in August, 2022 where it was subsequently denied. This informational session is part of the appeals process as the applicant (McCarty Engineering) pursues a superseding order of conditions from the Massachusetts Department of Environmental Protection. Chair Chuck Raymond briefly interjected to point out the other house represented on the plans as the other project which had an NOI submitted at the same time but has been approved and almost completely built as of this meeting. Mr. Plifka went on to say that there has been a DEP site walk with some of the Commission. They (MassDEP) had asked for soil samples which have since been provided. MassDEP had recommended that the rain garden be moved away from the resource area, which you can see on the presented plans moved about 30 feet further away from the wetland boundary. This saves about 1100 square feet of forested area from the original plan. Also the applicant is proposing a pea stone diaphragm for pretreatment of stormwater before it hits the rain garden. The proposed location for the house has not been moved due to other site constraints and setback requirements. Dr. Gullick asked Mr. Plifka to point out the 100-foot wetland buffer line on the site plans, which he did, showing the entirety of the proposed build within this buffer. Dr. Gullick asked Mr. Plifka if he’s aware of where DEP is in their decision making process. Mr. Plifka said he only knew what had been asked of McCarty up to this point, which was to update the Commission with this presentation. Mr. Kremp asked Mr. Plifka to repeat the detail about the pea stone diaphragm, which he did. With no further questions, info session ended at 6:44 PM. 883 Pleasant Street (DEP File #199-1142) Mr. Kremp explained that he was unable to confirm the grass had been established due to recent snowfall and requested the Commission wait until a time that the grass is visible to vote on the certificate. The Commission took no action at this time. Emergency Certification – None Communications – FEMA / MEMA update Mr. Kremp briefly explained the recent history but had no new updates at this time. School Sewer Reroute, MESA update Mr. Kremp briefly explained the recent history and that the DPW was still working on acquiring a wildlife biologist to draft an endangered species protection plan prior to start of work per MESA requirements. Other than that, Mr. Kremp had no new updates at this time. Oak Hill Solar - Fitchburg project Mr. Kremp explained that the next Fitchburg Conservation Commission meeting won’t be until February 7. Currently, LEC, an environmental contractor, has been hired by the City of Fitchburg to review the wetland delineation. There seems to be a discrepancy between the original delineation and that done by LEC but Fitchburg is still awaiting the final report from LEC before proceeding with discussion or a vote on the order of conditions. Mr. Kremp went on to explain that although Leominster is not a direct abutter to the project, there may be a route for an appeal, pending the Fitchburg Conservation Commission’s vote, if the City of Leominster can show that it has been negatively impacted by the approval of the project, which it may have a case for with Notown Reservoir being downstream of Shea Brook. Commission Policy - Winter delineation review Mr. Kremp briefly described the points laid out in the official written policy as well as the exceptions for it. Wetlands protection Violation Policy Following the realization that there was an official policy on winter delineation, Mr. Kremp proposed a vote on an official written policy, complete with exceptions, on wetland violation follow up to bring about a higher level of consistency across cases. There followed a brief discussion of what this policy should include. The Commission agreed that Mr. Kremp should draft a written policy to share with the Commission which they can then vote on at the next meeting. Adjournment Mr. Cichy made a motion to adjourn the meeting. Mr. Chambers seconded. Motion passed 6-0. Meeting adjourned at 7:12 PM.