Conservation Commission

CONSERVATION COMMISSION Minutes of Meeting – June 17, 2021 The City of Methuen Conservation Commission held a hybrid meeting via in person and Zoom video conferencing (VC) on June 17, 2021, at 7:00 p.m. in the Searles Building 2nd floor conference room, 41 Pleasant Street, Methuen MA 01844. Present for this meeting were Matt Davidson, Chairman; Michael Rossi, Vice Chairman; Kenneth Sateriale, Secretary; Sandra Boulay, Financial Secretary; and Commissioners Christopher Parsons and Cara Seaman. Also present were Conservation Officer Joseph Giarrusso and Head Clerk Jodie Geary. The Chairman opened this meeting and announced that Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body as well as members of the public may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is permissible for any or all members of the public body and any or all members of the public to attend either in person or via virtual means. The meeting may be accessed remotely via Zoom video conferencing (VC) by contacting the Conservation Office. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by in person attendance, or by accessing the meeting remotely, as noted above. For this meeting, members of the public who wish to listen/watch the meeting may do so in the following manner: To be contacted by phone or by VC, please contact the Commission Office. In the event that access and participation is not achieved, then the Commission will post, on the City of Methuen website, an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. The following are actions, comments, and concerns regarding the information submitted for the Commission’s meeting of June 17, 2021. I. NOTICES OF INTENT: A. Notice of Intent – DEP File #219-1253 – MCC File #21-002 – 122 North Street – Rizzo – Ranger Engineering Group, Inc. (CON’T from 6/3/2021) The Notice of Intent submitted by D. Rizzo with plans by Ranger Engineering Group, Inc., dated revised May 26, 2021 for the proposed construction of a horse stable and paddock areas. The proposed project is within Endangered Species Habitat. The applicant has submitted required documentation to MESA for review and approval. An approval letter was issued on April 12, 2021 with the following conditions: Based on the information provided and the information contained in our database, the Division finds that a portion of this project, as currently proposed, must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the following conditions must be met: • The Applicant shall submit a Blanding’s Turtle Protection Plan. Said Protection Plan must be approved in writing by the Division prior to the start of Work. The Division is available for consultation on the development of the plan. If all work can occur between October 15th and March 15th, a Blanding’s Turtle Protection Plan will not be required. • All erosion and sedimentation controls shall be removed and properly disposed of after the project is completed and as soon as surrounding areas are stabilized. METHUEN CONSERVATION COMMISSION Minutes of Meeting – June 17, 2021 Mr.Giarrusso stated in review of the submitted plans, it appears that all of the Engineering comments have been addressed and a Bond Estimate has been provided for the Commission’s review. Benjamin Osgood from Ranger Engineering stated to the commission that they have received approval from the Zoning Board of Appeals as well. There was no public input at this time. A motion was made by Mr. Parsons; seconded by Mrs. Boulay; so voted UNANIMOUS to CLOSE the public hearing. The Commission now has 21 days in which to make their decision. II. CALL TO ORDER: The Chairman called the regular meeting to order at 7:06 p.m. III. ACCEPTANCE OF AGENDA / AMENDMENTS (IF ANY): A motion was made by Mr. Parsons; seconded by Mrs. Seaman; so voted, UNANIMOUS to ACCEPT the Agenda with an amendment to section IV, that is, the minutes of 8/6/2020, 5/6/2021, and 6/3/2021 were not ready for approval. IV. ACCEPTANCE OF MINUTES: There were no minutes to approve at this time. V. OLD BUSINESS: A. Enforcement Orders (1) EO#21-004 – VP Warren Avenue (Lots 104, 105, 106 & 107) – Bernarda Cardenes Mr. Giarrusso explained to the Commission that the property owner bought the property unaware of the restrictions regarding the property, and therefore, the violations triggering the Enforcement Order were unintentional. The property owner is in the process of working with Mr. Giarrusso to obtain an Engineer to help set up a plan to restore the property. Ms. Cardenes had some issues with the Engineer originally hired so she is in the process of working with another one. A motion was made by Mr. Sateriale; seconded by Mr. Parsons; so voted UNANIMOUS to CONTINUE the above item to the meeting of July 8, 2021. (2) EO#21-003 – 46 Old Ferry Road – Triple G, LLC Christopher Guida from Fieldstone Consultants was present at this meaning to answer any questions from the Commission, and update them along with Mr. Giarrusso on the progress of bringing this site into a state of compliance. Mr. Giarrusso stated the property owners have been working to stabilize the site with fill and installing straw waddle. Mr. Giarrusso also stated the abutting property owner was reluctant to allow access on their site and risk any additional impact to their property. The property owner removed the sediment from the resource areas and placed fill and stabilized it as part of the restoration plan. Mr. Giarrusso agrees that the actions of the property owner will be mutually beneficial for both the Commission and the property owner. The Commission had no further questions at this time for the applicant’s representative. Page 2  METHUEN CONSERVATION COMMISSION Minutes of Meeting – June 17, 2021 Mr. Guida requested that this item be continued to the meeting of July 22, 2021 for further update on site restoration. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to CONTINUE the above item to the meeting of July 22, 2021. (3) EO#20-008 – 79 Hampstead Street – Fortier Mr. Giarrusso updated the Commission as to the status of this site. Mr. Giarrusso found during his site visit that the site was found in compliance . The Commission discussed adding this item to the second meeting in June of 2022 to check on the growth of the vegetation. At that time it can be determined if the Enforcement Order can be lifted. There was no motion to be made at this time. B. Bond Reduction – MCC File #16-001 – 494 Howe Street – Pinnacle Builders, LLC Mr. Giarrusso referred to the Engineering Letter from Stephen Gagnon, Engineering Administrator with the breakdown to reducing the bond to $30,400.00. A motion was made by Mr. Parsons; seconded by Mr. Rossi; so voted UNANIMOUS to REDUCE the BOND to $30,400.00 VI. CONSERVATION OFFICER’S REPORT: There no items on the Conservation Officer’s report VII. OTHER BUSINESS: Mr. Giarrusso and Mrs. Geary updated the Commission on the progress of the city’s sale of Compost Bins and Rain Barrels. Mr. Giarrusso advised the Commission of the process in ordering either one and how successful this program has been. At this time almost all compost bins and rain barrels are sold and the Conservation office will be putting in an order for additional items. Both residents and non-residents have reported that they are very pleased with this program. VIII. ADJOURN: A motion was made by Mr. Sateriale; seconded by Mrs. Boulay, so voted, UNANIMOUS to ADJOURN the meeting at 7:32 p.m. Respectfully submitted by: Reviewed by: Approved on: ___________________ _____________________ ____________ Jodie Geary, Kenneth Sateriale, Date Approved Head Clerk Secretary Page 3