Conservation Commission

Leominster Conservation Commission Meeting February 27, 2024, 6:03 pm Nick Venti, Chair Chuck Raymond, Vice-Chair Rich Gullick, Jim Chambers, Bob Sicard, Stephanie Quinlan, and Conservation Agent Nick Kremp present. New Hearings 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 a trail expansion in a wetland and wetland buffer zone. Address: Prospect Street. Map and parcel 411-49. DEP File # not yet assigned. The hearing was not opened due to the unexpected absence of the project’s representative. No action was taken by the Commission at this time. 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 a billboard in a wetland buffer zone. Address: 198 Hamilton Street. Map and parcel 236-4. DEP File # not yet assigned. Justin Leclair, McCarty Engineering, presented on the proposal. The applicant, Clear Channel, is proposing the construction of a billboard in the wetland buffer zone along Route 2. The alterations associated with the billboard include excavating an area of approximately 8 square feet and backfilling that with crushed stone. There will likely be tree clearing needed to clear a line of sight to Route 2. The tree clearing depicted on the site plans is entirely on MassDOT land along Route 2, so the applicant is planning on returning and having this permitted under a second NOI.Thus, this proposal is only seeking to permit the construction of the billboard itself. The area is existing pavement so no vegetation will be disturbed or removed. The closest approach to the wetland line is approximately 95 feet. Dr. Gullick made a motion to close the public portion of the hearing. Mr. Sicard seconded. Motion passed 6-0. Dr. Gullick made a motion to continue the hearing until March 12, 2024. Mr. Chambers seconded. Motion passed 6-0. Pursuant to MGL CH 131 § 40, Massachusetts Wetlands Protection Act, the Leominster Conservation Commission will hold a Public Hearing on a Request for a Determination of Applicability for the installation of underground conduit in the riverfront area of Monoosnoc Brook. Address: Mechanic Street. Map and parcel 16-5. Erasme Da Cruz, representing the Massachusetts Electric Company, presented on the proposal.They are proposing the installation of an electrical conduit across 5 feet of existing lawn area within the riverfront area of Monoosnoc Brook. This is part of a larger project which is mostly taking place within existing pavement in the parking area behind “The Fix” restaurant. Dr. Gullick made a motion to close the public portion of the hearing. Mrs. Quinlan seconded. Motion passed 6-0. Mr. Chambers made a motion to find a negative 2 determination. Mrs. Quinlan seconded. Motion passed 6-0. Regular Meeting Certificate of Compliance – 883 Pleasant Street (DEP File #199-1142) Mr. Kremp had a site visit for the first time since the snow melted and was able to confirm that the lawn had been seeded and grass had established. Mr. Venti made a motion to issue a complete Certificate of Compliance. Mrs. Quinlan seconded. Motion passed 6-0. Marcello Avenue (DEP File #199-959) Mr. Kremp explained that the original order was for a roadway extension into the parcel with a cul-de-sac which was never built. Mr. Sicard made a motion to issue an invalid Certificate of Compliance, reflecting that the permitted work was never commenced. Dr. Gullick seconded. Motion passed 6-0. 1775 Lock Drive (DEP File #199-1036) Due to ongoing violations stemming from unpermitted use of riverfront area by the warehouse on Lot 1 (now 1771 Lock Drive) of the site, a Certificate of Compliance for the whole area is not currently possible. The discussion focused on potentially issuing a Certificate of Compliance for Lot 2 (now 1775 Lock Drive) separately. Mr. Kremp was unable to schedule a site visit prior to this meeting and so cannot confirm whether or not the unpermitted storage of trucks and truck parts was removed from Lot 2. Mr. Kremp recommended waiting until the next meeting to vote on a partial Certificate of Compliance for Lot 2 (1775 Lock Drive). Mr. Kremp will schedule a site visit prior to the next meeting No action was taken by the Commission at this time. 117 Lincoln Street (DEP File #199-1081) Mr. Kremp was contacted by a representative of the developer, Casey Development, seeking a Certificate of Compliance for this and another parcel. When Mr. Kremp visited the site, he found that the houses at both 117 and 125 (see below) Lincoln Street were built to plan, however both of these properties had backyard patio areas not permitted by the original order and are located in the buffer zone. No action was taken by the Commission at this time. 125 Lincoln Street (DEP File #199-1082) Mr. Kremp was contacted by a representative of the developer, Casey Development, seeking a Certificate of Compliance for this and another parcel. When Mr. Kremp visited the site, he found that the houses at both 117 (see above) and 125 Lincoln Street were built to plan, however both of these properties had backyard patio areas not permitted by the original order and are located in the buffer zone. No action was taken by the Commission at this time. Enforcement – Unpermitted work on Elm Street (map and parcel 519-12A) Mr. Kremp was alerted to the clearing by Commission member Mr. Cichy when he was driving by on the morning of Thursday, February 22, 2024. When he arrived at the site, Mr. Kremp made contact with several different contractors who were on site. Mr. Kremp eventually got in touch with the property owner, Mary Foley, who had ordered the site cleared of trees completely except for a visibly wet area on the low end of the parcel near the corner of Elm and Hill Streets. Mr. Kremp sent Ms. Foley a violation notice which included a cease and desist for any work on the site until the proper permits are issued. Ms. Foley agreed to begin the NOI process and submit a plan for the site as soon as possible to the Commission. Dr. Gullick suggested a site visit, especially for himself and Mr. Raymond to view the site, since the neighboring parcel was permitted through the Commission and they had seen the site in its prior state. Mr. Kremp agreed to arrange that. Mr. Chambers asked whether or not the contractors bear any responsibility in wetland violations. Mr. Kremp explained that, as he understands it, any enforcements and legal responsibility to bring the site back into compliance rest with the current property owner. No action was taken by the Commission at this time. Communications – School Sewer Reroute, MESA update Mr. Kremp briefly explained the background that because of the endangered species habitat which overlaps with the affected area, the applicant, in this case Leominster Department of Public Works, must have a wildlife specialist write an endangered species protection plan for the affected species, in this case Wood Turtle, before they can proceed with any work. The DPW had been in touch with Oxbow Associates to have this protection plan developed but have since lost all contact with Oxbow Associates. They are now in the process of seeking another contractor who can develop this plan. 16 Wildflower Stormwater Report update Mr. Kremp briefly explained the background of this project. The latest Mr. Kremp had heard, MassDEP requested additional information from McCarty Engineering on the stormwater plan for the site which they had responded to. Since then, MassDEP has been working through their review process and Mr. Kremp expects for MassDEP to reach a judgement on the appeal once they are finished. No action was taken by the Commission at this time. Commission Policy Wetlands Protection Act enforcement policy Mr. Kremp had drafted a basic policy on issuing enforcement orders for the Commission’s review and possible adoption in order to bring more consistency across WPA violations. After some discussion, the Commission decided to forego adopting a specific written policy on enforcement measures at this time. Outreach Next Nature Walk – March 28 at Babe Ruth Fields The most recent nature walk and the next planned one at Johnny Appleseed State Park were discussed. The winter tree identification walk in February was well attended with 67 people participating. Partial eclipse viewing stations – April 8 Mr. Kremp has been spreading the word about the eclipse and will have different methods for safe viewing available for City residents. Mrs. Quinlan mentioned that the Leominster Public Library may have telescopes available to borrow. Meeting Minutes 12/12/23 meeting Mr. Chambers made a motion to approve the meeting minutes as they appear with edits on the shared drive. Mr. Sicard seconded. Mrs. Quinlan abstained herself due to her absence on this date. Motion passed 5-0 with one abstention. 1/9/24 meeting Dr. Gullick made a motion to approve the meeting minutes as they appear with edits on the shared drive. Mr. Chambers seconded. Mrs. Quinlan abstained herself due to her absence on this date. Motion passed 5-0 with one abstention. Commissioner news – Mr. Raymond raised the question of possibly purchasing some signs to install over stream crossings to inform passersby as to which brook or river they are crossing and so raise wetlands awareness. Dr. Gullick suggested that the Commission begin a review of the special conditions which the Commission typically issues along with orders of conditions to shorten and simplify them. Mr. Kremp alerted the Commission to an accidental heating oil release into an adjacent wetland at 23 Westminster on January 10, 2024. Because the release was above 5 gallons (estimated at ~60 gallons), MassDEP will be handling the cleanup and will be in touch. New England Disposal Technologies is the contractor secured to handle the cleanup, so Mr. Kremp is bringing a request for an emergency certification for that work to permit over the next 60 days, ending on April 27. Mrs. Quinlan made a motion to ratify the Emergency Certification. Mr. Sicard seconded. Motion passed 6- 0. Mr. Chambers requested an update on Harwood Terrace. Mr. Kremp stated that he has heard no new complaints from the neighbors and the order is active for at least the next year as he recalls. Adjournment Mrs. Quinlan made a motion to adjourn the meeting. Mr. Sicard seconded. The meeting adjourned at 7:49 pm.