Conservation Commission

Leominster Conservation Commission Meeting March 12, 2024, 6:02 pm Chair Chuck Raymond, Vice-Chair Rich Gullick, Jim Chambers, Mike Cichy, Nick Venti, 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 #199- 1190. Carolyn Cooney, Carolyn Cooney and Associates, presented on the proposal. They are proposing a trail expansion and parking lot improvements to improve the park and make it more handicap accessible. Improvements include laying 6 inches of gravel over the parking area with a slope of 5% or less, resurfacing the trail around the pond with a compacted gravel mix, adding 3 picnic tables along the trail near the pond, replacing drainage pipes along the trail with flattened piping, and adding a new boardwalk crossing over the wetlands adjacent to the pond. The location of the boardwalk will require the removal of several small, understory trees and two larger canopy level trees. The boardwalk will be supported by 6 inch square posts. The wood for the boardwalk will be pressure- treated to prevent decay from contact with the water. The holes for the support posts will be augered with a handheld gas-powered auger to a depth of 4 feet. The boardwalk surface will be 5 feet on center. Ms. Cooney clarified that all work on the boardwalk will be stationed from the boardwalk itself as it gets built out. Mr. Chambers asked where the area for snow storage was for the parking area. It was not clearly marked on the site plan. Mr. Raymond suggested added that to a revised plan. Mr. Kremp recommended that same as well as a note or modification to the plans addressing DEP’s comments which read as follows: “ MassDEP asks if stormwater treatment BMPs including LID treatment techniques have been considered to provide further treatment for site runoff and improve the RA. Possible examples include vegetated filter strips, infiltration trenches or rain gardens.” Mr. Kremp asked how the height of the boardwalk was determined and if it will be impacted by flooding during high-rain events.Ms. Cooney stated that the boardwalk may partially submerge during extreme rain events but that shouldn’t pose any risks to the structure. Mr. Raymond and Mrs. Quinlan expressed concerns about contaminants in the pressure-treated wood leaching out into the wetlands and asked Ms. Cooney to provide some information regarding this type of pressure-treated wood in wetlands. Ms. Cooney agreed to provide that at the next meeting as well as modifications to the plans addressing questions about stormwater and snow storage in the parking lot, erosion controls marked on the plans, and restoration area which came up during this meeting. City Councilor Bob Tocci, asked Ms. Cooney if they are expanding the trail system in this area. Ms. Cooney stated that they will not be adding trails to the area aside from the boardwalk. Mr. Chambers made a motion to continue the hearing until the next meeting, March 26, 2024. Mr. Cichy 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 construction of an access ramp in the riverfront area of the North Nashua River. Address: 27 Nashua Street. Map and parcel 464-3. Chris Anderson, Hannigan Engineering, presented on the project. The proposal calls for a handicap accessibility ramp to be installed along an existing parking lot to gain access to the building at 27 Nashua Street. Some regrading will be required. During this regrading, the current parking area will be torn up and repaved to an area smaller than is currently existing. Straw wattle will be used along the edge of pavement to prevent sedimentation into the River. Mr. Venti asked if this activity was exempt from permitting requirements. Mr. Anderson answered that while the work on the ramp may be exempt the regrading work was not. Dr. Gullick made a motion to close the public portion of the hearing. Mr. Cichy seconded. Motion passed 6-0. Mrs. Quinlan made a motion to find a negative 2 determination. Mr. Cichy seconded. Motion passed 6-0. Regular Meeting Enforcement Elm Street, map and parcel 519-12A – Unpermitted tree clearing Steve Harper, 48 Slack Brook Road, was present to represent the property owner, Mary Foley, and the violation on her property. Mr. Kremp summarized the events leading to this meeting as follows: Mr. Cichy called Mr. Kremp on the phone the morning of February 22, 2024 and reported that the parcel being discussed had been mostly cleared of trees. Mr. Kremp drove there and met Mr. Cichy on site where they found a contractor with R & S Hauling and Excavating, Inc. with some of their machines on site. There was a trench approximately 2-3 feet deep around the southern and western property lines with some crushed stone placed at the bottom, presumably to help drain the site and redirect water around the edge of the property. They also met Steve Harper on site sitting in his pickup truck. Upon meeting, Mr. Harper explained that while he was not involved with the work going on that day, he had been contacted by Ms. Foley to do more site work once R & S was finished. At the time Mr. Kremp first visited the site, it appeared that all of the clearing had taken place in the buffer zone with wetlands being isolated to the lower area close to Elm Street. Ms. Foley was previously the property owner of the neighboring parcel (Parcel ID: 519-12B), which received an Order of Conditions (DEP File #199-1137) in November, 2021. Upon reviewing the site plans included with this Order, Mr. Kremp found a wetland delineation which showed the low wet area along Elm Street with the wetland delineation stretching up through the slope which was logged and had machines driving around. This seems to suggest that wetlands, and not just buffer zone, were altered and will require some restoration or replication to bring the site back into compliance. Mr. Harper was contacted by Mrs. Foley’s associate, Ron Williams, to pull some stumps left on site after the clearing. Mr. Harper broadly agreed with Mr. Kremp’s description of events. Mr. Harper understands that an equal area of wetland be replicated to offset the disturbance. He suggested allowing regeneration where possible and seeding the rest. Mr.Harper stated that Matt Marro and Tom Christopher, both wetland specialists, have both been in touch with Ms. Foley about creating a restoration plan. The discussion ended with an agreement that Mr. Harper would remove the stone and have the perimeter trench filled in with the same soil as was removed while Ms. Foley continues to work with Mr. Marro and Mr. Christopher to draft a comprehensive restoration plan, to be presented at the first meeting in April, the date of which Mr. Kremp will share that with Ms. Foley and Mr. Harper. Certificate of Compliance – 1775 Lock Drive (DEP File #199-1036) Originally permitted under address 1771 Lock Drive, the site now includes two parcels, one with a warehouse (previously shown as Lot 1 on the site plans, now 1771 Lock Drive) and the other with a cannabis dispensary (previously shown as Lot 2 on the site plans, now 1775 Lock Drive). The current owner of 1775 Lock Drive has had the trucks and equipment from the neighboring warehouse removed from behind the dispensary, thus bringing this parcel into compliance. Mrs. Quinlan made a motion to approve a partial certificate of compliance for the part of DEP File #199- 1036 on parcel 323-13, now addressed as 1775 Lock Drive. Mr. Venti seconded. Motion passed 6-0. 117 Lincoln Street (DEP File #199-1081) The developer who had the two houses built on this and the next file number (#199-1082). There are patios behind both properties which were not noted on the accepted site plans so Mr. Kremp recommended that the Commission hold off on voting on this certificate until the owners are able to submit an after-the-fact NOI. No action was taken by the Commission at this time. 125 Lincoln Street (DEP File #199-1082) The developer who had the two houses built on this and the previous file number (#199-1081). There are patios behind both properties which were not noted on the accepted site plans so Mr. Kremp recommended that the Commission hold off on voting on this certificate until the owners are able to submit an after-the-fact NOI. No action was taken by the Commission at this time. 554 Willard Street (DEP File #199-967) This project appears to have been a restoration project following an enforcement order for unpermitted tree clearing approximately 20 years ago. Mr. Kremp still has to schedule a site visit and read through the documents in this file to confirm the project was completed as was agreed.. 148 Farm Hill Rd (DEP File #199-1162) This project was building a detached garage with associated driveway, grading, and tree cutting in a wetland buffer zone. The project has been completed according to the accepted site plans and conditions. Mr. Cichy made a motion to approve a complete certificate of compliance for the part of DEP File #199- 1162. Mr. Chambers seconded. Motion passed 6-0. Prospect Street ground grid (File #199-1125) This was for work on an electrical substation which abuts bordering vegetated wetlands which had to be disturbed to provide machine access to an area of the project. It has since been revegetated with two growing seasons having elapsed. Mr. Venti made a motion to approve a complete certificate of compliance for the part of DEP File #199- 1162. Mr. Chambers seconded. Motion passed 6-0. Communications – School Sewer Reroute, MESA update Mr. Kremp has reached out multiple times to different people at Oxbow Associates with no response, so Mr. Kremp will be recommending to the DPW they search for a different specialist. 16 Wildflower Road appeal - MassDEP decision MassDEP has issued a superseding order. Their letter stated that the modifications made by the applicant were sufficient to protect the interests of the Wetlands Protection Act. No action was taken by the Commission at this time. Outreach Next Nature Walk – March 28 at Babe Ruth Fields Mr. Kremp will be hosting the next nature walk here at 4 pm with a focus on vernal pools. No action was taken by the Commission at this time. Partial eclipse viewing stations – April 8 Mr. Kremp shared some ideas with the Commission about where and when the eclipse viewing station will be. He will be providing more details once he’s confirmed with different properties to host a viewing table. No action was taken by the Commission at this time. Commissioner news – Agent to be absent on April 9 Mr. Kremp will be unavailable on the regular meeting date for April because he will be on vacation. He suggested that the meeting dates in April be changed to the 3rd and 5th Tuesday in April and resume with the regular meeting schedule of every 2nd and 4th Tuesday in May. Adjournment Mrs. Quinlan made a motion to adjourn the meeting. Dr. Gullick seconded. The meeting adjourned at 8:05 pm.