LEOMINSTER — The Leominster Conservation Commission unanimously voted on Sept. 9 to deny a Notice of Intent (NOI) to construct a single-family home and septic system at 1018 Lancaster Street, citing noncompliance with state wetlands buffer regulations under the Wetlands Protection Act.
Applicant representative Julian Votruba of New England Environmental Design presented revised plans and argued the proposal met the riverfront performance standard that limits new disturbance.
“We’re proposing to alter 11,510 square feet, which is less than 10%,” Votruba told the commission, referencing 310 CMR 10.58(4)(d). He later added, “we’re creating a new surface that’s under the 10% of what’s there; and of course, everything around it is going to come back to natural state.”
Conservation Agent Jesse Averka disagreed, saying the site already exceeded allowable disturbance before the latest filing. “This does not meet 10.58(4)(d) because it’s well over 10% of the lot is already developed,” Averka said. “So it does not meet that performance standard.” Averka also stated that state regulators concurred with his interpretation, saying, “Me and DEP are in total agreement.”
During discussion, Votruba described how the project rationale had shifted over time as plans were revised.
“From the beginning I had approached it in a redevelopment because this site has been altered every which way in every which direction,” Votruba said. Later adding, “So I’m not calling this a redevelopment site anymore. We’re going to call it a no significant adverse impact per 310 CMR 10.58(4)(d), which allows if we have so much riverfront area on our property we can alter up to 10% of it.”
Property owner Maria Amaral also addressed the commission about the process and costs. “A couple months ago you guys come to my yard…we come up with a plan, they agree, and then everything was good to go. And then after that we come here, you guys swap everything around,” Amaral said. Later adding, “And like he’d say, we change everything the way you want. We keep costing money, money, money, and you keep swapping it around. Every way we do is not good enough for you.” She added: “That’s not a law.”
Commission Chair Chuck Raymond said the board’s role is limited to applying state standards. “It’s unintentional. We’re simply trying to follow the state regulations,” Raymond said.
After deliberation, the commission voted unanimously to deny the NOI for DEP File #199-1215. Raymond made the motion, which passed with six votes in favor of denial.
Commissioners advised that the applicant may appeal to the Massachusetts Department of Environmental Protection (DEP), which has final jurisdiction over state wetlands regulations.
