Conservation Commission

CONSERVATION COMMISSION Minutes of a Meeting – September 2, 2021 The City of Methuen Conservation Commission held a hybrid meeting via in person and Zoom video conferencing (VC) on September 2, 2021, at 7:02 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; Sandra Boulay, Financial Secretary; Kenneth Sateriale, Secretary; and Commissioner Cara Seaman. Also present were Conservation Officer Joseph Giarrusso and Head Clerk Jodie Geary. Commissioner Christopher Parsons, was on an excused absence. The Vice-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 September 2, 2021. I. NOTICES OF INTENT: A. Notices of Intent – DEP File #219-1255 – MCC File #21-003 – 602 Lowell Street – Six Zero Two Realty Trust – Stowers Associates, Inc. (CON’T from 8/19/2021) I have been in contact with the property owner and the applicant’s newly hired Engineer. Mrs. Geary read an email from Ben Osgood at Ranger Engineering Group, Inc. requesting the above Notice of Intent be placed on the Commission’s October 21, 2021 meeting. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to CONTNUE the public hearing to the meeting of October 21, 2021. IV. ACCEPTANCE OF MINUTES: A motion was made by Mr. Sateriale; seconded by Mr. Parsons; so voted UNANIMOUS to ACCEPT the minutes of 6/3/2021 and 6/22/2021. It should be noted the minutes of 8/6/2020 and 7/8/2021 were not ready. V. NEW BUSINESS: A Request for Determination of Applicability – MCC File #21-013 – 25 Brookdale Avenue – Krikorian METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 Mr. Giarrusso stated the Request for Determination of Applicability filed by Arthur and Bonnie Krikorian, is for the proposed removal of an existing septic system and installation of a replacement septic system within the Riverfront Area and Buffer Zones of Bordering Land Subject to Flooding and Bordering Vegetated Wetlands associated with Bare Meadow Brook, a perennial stream. The project as proposed appears to be within the existing yard and proposed limit of work and erosion control appear to be located in the existing lawn within the buffer zone of existing resource area. A motion was made by Mr. Sateriale; seconded by Mr. Rossi; so voted UNANIMOUS to ISSUE a Negative 2 under the State and Negative 3 determination under the Local with the following stipulations: 1. Work shall conform to description of work and plan titled “Plan for Subsurface sewage disposal system, dated revised , April 19, 2021) submitted with Request for Determination of Applicability on file with Methuen Conservation Commission. 2. Before any work is done, a copy of the Board of Health approval shall be submitted to the Commission. The applicant shall comply with all Title V requirements. 3. A 48 hour written notice shall be given to the Methuen Conservation Commission prior to any activity on site. 4. Erosion and sediment controls shall be placed prior to construction activity and shall be inspected by the Conservation Commission or its agent before any land- disturbing activity may commence. Other controls may be required by agents of the Commission as field conditions warrant. The hay bale and siltation control fence shall be the Limit of Construction (unless otherwise specified on the approved plans) beyond which no earth-disturbing activity shall occur. The siltation control devices shall not be removed until the Conservation Commission or its agent has reviewed and found satisfactory the stabilization of the disturbed areas. 4. Any changes made or intended to be made to the above referenced plan shall require the owner or his successor in interest to inquire in writing of the Methuen Conservation Commission whether the proposed change is significant to the interests of the Act/Ordinance. 5. Members and agents of the Methuen Conservation Commission shall have the right to enter and inspect the premises to evaluate site conditions for compliance and to require the submittal of any data deemed necessary by the Commission for that evaluation. 6. Upon completion of this project, a letter stating that the work has been completed in compliance with the Determination of Applicability shall be sent to the Commission. Request for Determination of Applicability – MCC File #21-014 – 9 Princeton Street – Fiorilo Mr. Giarrusso stated the applicant has filed a Request for Determination of Applicability for the installation of a gas service to an existing gas main within the 100’ Buffer Zone associated with Page 2 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 Bordering Vegetated Wetlands. Erosion control consisting of filter fabric in the area catch basins and straw wattle are proposed to protect the Resource Areas. Mr. Giarrusso also noted that this projected has begun and the required erosion control is already installed and inspected. A motion was made by Mrs. Boulay; seconded by Mr. Sateriale; so voted UNANIMOUS to ISSUE a Negative 3 determination under the State and Local with the following conditions: 1. Work shall conform to description of work in the Project Narrative and Environmental Resource Map, dated August 2021 submitted with Request for Determination of Applicability on file with Methuen Conservation Commission. 2. A 48-hour written notice shall be given to the Methuen Conservation Commission prior to any activity on site. 3. Before installation of gas service may begin, erosion control as outlined in Project Narrative and Environmental Resource Map, dated August 2021 shall be installed as shown on the submitted plans. filter fabric shall be installed in any catch basins found in the area. Installation of erosion control shall be inspected and approved by the Conservation Commission or its agent. 4. ALL disturbed areas shall be stabilized by the end of each day by either paving or loaming and seeding once the work has been completed in each area. 5. All work shall follow the submitted “Project Narrative” and details. 6. Existing grades shall not be altered as a result of the proposed work. 7. Any changes made or intended to be made to the above referenced plans shall require the owner or his successor in interest to inquire in writing of the Methuen Conservation Commission whether the proposed change is significant to the interests of the Act/Ordinance. 8. Members and agents of the Methuen Conservation Commission shall have the right to enter and inspect the premises to evaluate site conditions for compliance and to require the submittal of any data deemed necessary by the Commission for that evaluation. VI. OLD BUSINESS: A. Enforcement Orders (1) NOV #21-001 - 115 West Street – Siyla Meas Mr. Giarrusso explained to the commission that this house fell victim to a fire earlier this year. The homeowners subsequently decided to re-build the house and expand the footprint of the house from a 3-bedroom to a 5-bedroom home. Consequently, the owners demolished the fire- damaged house but failed to obtain the necessary advance approvals and permits from the Historic District Commission and the Building Department. Mr. Giarrusso stated that the owners have been informed that they have 30 days to file after-the-fact for the necessary permits and approvals, and that any future work can’t be done without proper permitting. Page 3 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 (2) NOV #21-002 - 478 Lowell Street – Luishun Lau, Trustee of Methuen Realty Trust Mr. Giarrusso informed the commission that the site of this violation is the old Jackson’s restaurant. The applicant did get the proper permits from the Engineering Department, however they did not file with the Conservation Division. The applicants are now aware that they need to file for the proper permits for work that was done in the Riverfront Area and Floodplains. A. Orders of Conditions/Bond – MCC File #21-007 – 538 Howe Street – George Ead Mr. Giarrusso recommended to the Commission, Standard Boiler Plate, with General Condition # 4 changed from 1 to 3 years under the local, #24 to require a bond in the amount as recommended by the City Engineering Department, #33 to as shown on the plan, #48 shall reference Special Condition “K” and adding the following: Findings: The Notice of Intent is filed under the Local only is for the proposed installation of a span bridge over an intermittent stream and permanently filling of approximately 690 sq/ft of BVW and alteration and replacement of 36 feet of inland bank to construct a 225-foot long driveway and utility crossing with associated site clearing and grading in order to access an upland area of the site for the future construction of a single family house. Special Conditions: A. All permits and/or approvals required pursuant to the City Code and/or State or Federal statute, regulation or policy be obtained prior to the start of work, unless waived by the Conservation Department. Additionally, all written permission, easements and/or licenses for work conducted on property of others (including but not limited to the City) must be acquired and provided to the Commission prior to the start of work. B. Before ANY activity on the site may begin, the Contractor, job supervisor, and City Engineer shall meet with the Conservation Officer to review the Order of Conditions, Construction Sequence, Erosion Control plan and timetable for the project. At this time, the contractor shall review any issues with the location of stockpile areas. Copies of the MEPA certificate, 401 Water Quality Certificate and Chapter 91 permit shall be submitted at this time. Prior to the pre-construction meeting, the applicant shall submit a detailed construction schedule to MassDEP with a copy provided to the MCC. Work shall not commence until MassDEP has approved the construction sequence. Prior to the pre-construction meeting, the applicant shall submit a dewatering plan to MassDEP showing the methods that will be used to remove water from the work area and lower the groundwater elevation for the installation of utilities. The dewatering plan should include methods to control turbidity in dewatering discharges. Work shall not commence until MassDEP has approved the dewatering plan. MassDEP shall be notified prior to any dewatering activities. C. Before ANY activity on the site may begin, ALL erosion control shall be installed at the approved limit of work as shown on the approved plans. The Conservation Commission or its agent shall inspect and approve installation before work may begin. Page 4 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 D. The Applicant shall submit a biologist report to the Commission on the required restoration/replication, once the areas are completed. This report shall outline the species composition, quantity of plants, and shall include calculations on mitigated areas and soil conditions. The Commission and/or its agents shall review and verify compliance. This report shall not replace the required final mitigation report required for Certificate of Compliance. E. The applicant shall retain a wetland specialist who will serve as the project's Environmental Monitor (EM). This person shall be competent in wetland ecology, soil science and have a minimum of five (5) years of experience in wetland replication. Prior to the pre- construction meeting, the applicant shall provide MassDEP and the MCC with the name(s), address(es) and telephone number(s) of the EM and their alternate including their qualifications and contact information for MassDEP's approval. The EM or their backup shall be available on a 24-hour basis. F. The EM shall be responsible for overseeing all activities within Bank, Bordering Vegetated Wetlands (BVW) and the 100-foot Buffer Zone on the project site, including, but not limited to: the installation of the driveway and associated crossing, utilities, construction of the BVW replication area, restoration of Bank, and regular inspections and replacement of erosion and sedimentation controls. G The EM shall monitor the site during and/or immediately after precipitation events of 0.5'' or greater in a 24-hour period, or immediately after a winter snowmelt. The EM shall have the authority to modify existing erosion and sedimentation controls or require additional controls if deemed necessary. The EM shall have the authority to stop construction for erosion control purposes and shall immediately notify MassDEP and the MCC if any discharges to a wetland resource area occur. H. No more than 36 linear feet of Bank may be temporarily altered for the installation of the three-sided bridge crossing over the intermittent stream, which will be restored in place as shown on Plan Sheet 1 of 2 referenced in Special Conditions #20(a). I. There shall be no alteration of BVW, except for the permanent alteration of approximately 690 square feet allowed under this Superseding Order for the installation of the driveway crossing, as shown on Plan Sheet 1 of 2 referenced in Special Condition #20(a). J. No less than 1,600 square feet of BVW replication area shall be provided along wetland flags 13A to 16A, as shown on Plan Sheet 1 of2 referenced in Special Condition #20(a). K. No other wetland alteration shall be permitted on this site. This condition shall remain in effect in perpetuity and shall be noted as such in the Certificate of Compliance. L. Upon the start of work, the EM shall submit weekly reports to MassDEP with copies sent to the MCC. These reports shall summarize the activities on the project site within jurisdiction and confirm that they are in compliance with the conditions of this Superseding Order. The reports shall include, but are not limited to, a description of construction status, overall site conditions, the condition of erosion and sedimentation controls; dewatering activities, all BVW replication and Bank restoration activities, and any erosion, sedimentation, or pollution problems including how they were corrected and recommendations on how to prevent similar problems in the future. Page 5 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 M. Upon completion of construction, the EM shall submit monthly reports to MassDEP with copies sent to the MCC to indicate whether the site is in compliance with conditions of this Superseding Order. These monthly reports shall be submitted until such time that the applicant submits a written request to MassDEP to either temporarily or permanently cease monitoring and MassDEP grants permission. The monthly monitoring reports shall include, but are not limited to, a description of overall site conditions including the BVW replication area and Bank restoration area; the condition of erosion and sedimentation controls; and actions taken to address problems and any other recommendations for site management. The EM shall immediately report any unauthorized discharges of sediments to MassDEP, and the applicant shall take immediate steps to correct the problem. N. Wetland flags shall be maintained at all times and replaced if they are missing until Certificate of Compliance has been issued. O. All soil stockpiles to be stored longer than 24hours shall be surrounded by erosion controls, and any soil stockpiles that are left idle for more than 14 days shall be temporary stabilized with a seed mix and tackifier. P. Work within wetland resource areas shall be conducted, to the greatest extent possible, under low flow conditions as determined by the EM. Q. Preparation and construction of the wetland replication and restoration areas shall be overseen by the EM. The EM shall be on site while the work is conducted and shall be responsible for overseeing activities including, but not limited to: inspecting and confirming erosion controls and wetland :flagging prior to and after the temporary alteration of Bank and the excavation of the BVW replication area; identifying the appropriate organic soils to be placed in the BVW replication area; overseeing final grading of the BVW replication area; inspecting final elevations and confirming groundwater elevations within the BVW replication area; obtaining, planting and maintaining the specified wetlands plants and seed mixes; and monitoring and reporting on the BVW replication and Bank restoration areas. The EM shall request a site visit with MassDEP when the wetland replication area is at final grade, but prior to planting. Planting shall not proceed without the written permission of MassDEP. The EM shall notify MassDEP and the MCC, in writing, at the following times: a. At the beginning and completion of the Bank restoration activities; b. At the start of excavation of the BVW that will be permanently altered; c. At the start of the excavation of the BVW replication area; d. When final grades within the wetland replication area are established, but prior to planting; and e: When planting is complete. R. During the alteration of any BVW, all organic topsoil shall be excavated and segregated from the subsoil and stored in a manner that preserves the original soil horizons. Organic soils that are removed from the BVW shall be stockpiled for as little time as possible and adequately protected to ensure that they do not dry out. Excavated organic soils shall be reused in the restoration and replications areas after sub-grading is complete and shall be replaced so that the original soil horizons are restored. S. If manufactured organic soils are used in the BVW replication or restoration areas, it shall consist of soil that contains twenty (20) percent peat or partially decomposed leaf litter and shall Page 6 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 have the same pH, texture, and fertility as the native wetland soil. The BVW replication area shall have a base of at least twelve (12) inches of organic soil prior to planting. T. Planting of the wetland replication and restoration areas shall not take place between November 15th and May 1st. If seasonal conditions do not permit planting, it shall be. done as soon as weather conditions are appropriate. U. Within thirty (30) days of the completion of constructing the wetland replication and restoration areas, the EM shall prepare and submit to MassDEP a written narrative with photographs of the work that was performed and an inventory of the plant media that was installed. V. The EM shall monitor the BVW replication and Bank restoration areas for two (2) years of full continuous growing seasons, with written rep01is submitted to MassDEP and copied to the MCC no later than October 31st of each calendar year. A Certificate of Compliance will not be issued until this condition has been met. Monitoring reports shall include photographic stations for "before" and "after" photographic documentation that clearly and comprehensively describe the conditions of the BVW replication and Bank restoration areas. The repo1i should describe the presence of any visible hydrology, the stability, health, growth and vigor of the planted species, and any enhancement activities perfo1med or remedial actions necessary to be unde1iaken within the BVW replication and Bank restoration areas. At least 75 percent of the replication and restoration areas shall be reestablished with wetland plant species within two growing seasons. Any plants that die shall be promptly replaced with a similar plant species. All reports shall be sent to: Methuen Conservation Commission at 41 Pleasant Street, Suite 217, Methuen, MA 01844, AND DEP at Pamela Merrill MassDEP Wetlands Program N01iheast Regional Office 205B Lowell Street Wilmington, MA 01887 or via email to pamela.merrill@mass.gov and shall reference the DEP File No. 219-1218/ MCC # 21- 007. W. If monitoring data indicates that the BVW replication and Bank restoration areas are failing, a corrective plan shall be submitted to MCC and MassDEP for review and approval. Upon approval, the corrective plan shall be implemented under the direct supervision of the EM or other wetland scientist. X. Upon completion of the project, the applicant shall request a Certificate of Compliance from MCC and MassDEP and shall submit the following information with the request: a. A written statement prepared and signed by a professional engineer registered in the Commonwealth of Massachusetts certifying compliance with the approved plans referenced above and this Superseding Order and setting forth deviations, if any exist; b. An as-built site plan prepared and stamped by a registered professional engineer in the Commonwealth of Massachusetts showing the location and grades of the project, including, but Page 7  METHUEN CONSERVATION COMMISSION Minutes of a Meeting – July 22, 2021 not limited to: driveway, wetland crossing, retaining walls, utilities, and topography shown in one (1) foot contours. The as-built plan shall also include the wetland flags and the date(s) of survey. c. An as-built plan of the BVW replication area and topography shown in one (1) foot contours prepared by a registered land surveyor or registered professional engineer. These plans shall include wetland flags, a notation of the amount of BVW replicated; at least three (3) photographs of each area with the date(s) they were taken; and the date(s) of survey. The plan shall be accompanied by a final report by the EM describing the condition of the BVW replication and Bank restoration areas, including a list of the surviving plants (with the quantity of each species) and relative health of the plantings. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to ISSUE the Order of Conditions/Bond. B. Request to Waive Bond – DEP File #219-1259 - MCC #21-008 – 106 Myrtle Street – Carolyn Sano Ms. Sano requested from the commission to have the bond waived due to her Dad currently living in assisted living and that the family is running short on funds. Mr. Giarrusso stated for the record that the bond amount was for the required erosion control and to stabilize the site. The Bond was set by the Engineering Administrator in the amount of $4,600.00. The purpose of a bond is to ensure that the city can have a project completed in the event that an applicant cannot complete a project. Consequently, the Commission may waive bonds when the financial risk to the city is assessed as low. The Commission asked the Conservation Officer for his opinion relative to project risk and he responded that, in his opinion, risk was low. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to WAIVE the bond in the amount of $4,600.00. VII. CONSERVATION OFFICER’S REPORT: There were no items under the Conservation Officer’s report. VIII. OTHER BUSINESS: There was no other business at this time. IX. ADJOURN: A motion was made by Mr. Rossi; seconded by Mrs. Seaman, so voted, UNANIMOUS to ADJOURN the meeting at 7:23 p.m. Respectfully submitted by: Reviewed by: Approved on: ___________________ _____________________ ____________ Jodie Geary, Kenneth Sateriale, Date Approved Head Clerk Secretary Page 8