Conservation Commission

CONSERVATION COMMISSION Minutes of a Meeting – September 16, 2021 The City of Methuen Conservation Commission held a hybrid meeting via in person and Zoom video conferencing (VC) on September 16, 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; Sandra Boulay, Financial Secretary; Kenneth Sateriale, 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 September 16, 2021. I. NOTICES OF INTENT: A. Notices of Intent – DEP File #219-1258 – MCC File #21-006 – 134 Edgewood Avenue – Father & Son Construction – Civil Design Consultants, Inc. (Con’t from 8/19/2021) The chairman reopened the public hearing. Bill Hall from Civil Design Consultants presented a plan and asked the commission for any feedback for improvements. Mr. Hall explained that this plan would also be going before the Community Development Board for approval of a frontage exception/special permit. At this time the chairman opened it up for any comments from the commission. The commission was pleased with the presented plans. The chairman opened it up for public participation, at this time there was none. Mr. Giarrusso suggested that if the Commission were to approve this project that they should require a post and rail fence with markers along the edge and limit of work. Mr. Giarrusso also suggested to Mr. Hall, that he allow the applicant enough time to go before the Community Development Board, and then come back to Conservation for approval. At this time Mr. Hall requested the above Notice of Intent to be continued to the meeting of November 18, 2021. Mr. Giarrusso explained to the commission the revised information was submitted after the filing deadline, therefore it was not able to be sent to the Commissioners, but Mr. Giarrusso was able to review it to allow some insight into the revised information submitted. Mr. Giarrusso reminded METHUEN CONSERVATION COMMISSION Minutes of a Meeting – September 16, 2021 the commission of the following earlier comments that were provided to the Commission at the July 22, 2021 meeting; and the text in bold are comments on the revised information. In review of the submitted plans and Notice of Intent information I have the following comments: - The project as proposed appears to fail to comply with the 50’ “No disturb” setback as proposed limit of work and erosion control appear to be 3’ from the resource area. The applicant has failed to provide any of the required information to rebut the proposed to work. And has proposed to encroach the buffer beyond the existing maintained limits. (The revised design has adjusted the limit of work to the existing edge of maintained yard, which at its closest is 15’ from the edge of Bordering Vegetated Wetlands.) It should be noted that the applicant has submitted a Wildlife Habitat Evaluation as required in the Regulation. - The submitted plans fails to meet the required standards, which require plans be and stamped by a Massachusetts Registered Professional Engineer, Land Surveyor, Architect or Landscape Architect. This item has not been addressed. - It has been determined that this project is being proposed on a lot that has not been created. Therefore, the applicant has not met the requirements under the regulations. They should provide the Commission a detailed summary of how the lots shown meet the zoning requirements. If not they will have to withdraw or table this project until they meet the standard under 310CMR10.05 (4)(e). This item has not been addressed. - The submitted plans do not provide the location of stockpile areas, as required by the regulations. This item has been addressed on the revised plans. - The proposed erosion control is for silt fencing and filter sock. It should be noted that the normally would require double staked hay bales to prevent impacts to the resource areas. This item has been addressed on the revised plans. - The proposed project shall be required to meet the requirements of the Stormwater Ordinance. It should be noted that the proposed disturbed area is over 10,260 sq/ft. It appears that there is no consideration of the increase in impervious area or treatment of stormwater. (It should be noted that the “ORDINANCE GOVERNING STORMWATER MANAGEMENT AND EROSION CONTROL” is Chapter 30 of the MMC. I would defer to the Engineering division for further comment and recommendations. It should be noted that Rules and Regulations have not be established.) - It should be noted that I have not completed my field review, and will be walking the site and verifying the delineated wetland line. B. Notice of Intent – DEP File#219-12?? – MCC File #21-009 – 45 Maple Street – Thomas Evangelista – LEC Environmental Consultants, Inc. The file in order a motion was made by Mr. Parsons; seconded by Mrs. Seaman; so voted UNANIMOUS to accept the above Notice of Intent. It should be noted for the record that Mr. Parsons recused himself and left the room as he is an abutter to the above Notice of Intent. Page 2 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – September 16, 2021 The Chairman opened the public hearing. Mr. Daniel Wells from LEC Environmental Consultants, Inc., present plans to the Commission. Mr. Giarrusso stated the Notices of Intent filed by Thomas Evangelista with plan sheets 1 of 1, dated August 31, 2021, prepared by GPI, is for the after-the-fact installation of a floating walkway and stairway within Wetland Resource Areas adjacent to a single-family dwelling at 45 Maple Street resulting to alterations to the following resource areas: Approximately 43 sq/ft of Bordering Vegetated Wetlands (BVW), Approximately 11’ of Inland Bank and Unknown amount of Bordering Land Subject to Flooding associated with Hawkes Brook and the 100-foot Buffer Zone, as jurisdictional under the Massachusetts Wetlands Protection Act (M.G.L. c.131, s. 40, the Act) and its implementing Regulations (310 CMR 10.00, the Act Regulations), and the City of Methuen Wetlands Ordinance (Chapter 12, the Ordinance) and its implementing Rules and Regulation (Ordinance Regulations). The location of the activities is within a mapped Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species for the Blanding's Turtle (Emydoidea blandingii). All their activities are in violation of earlier Wetlands and MESA approvals. In review of the submitted Notice of Intent application and plan, Mr. Giarrusso had the following comments: WPA Form 3 WPA Form 3: pg 3, B (b). - It should be noted that although there is an alteration of 43 sq/ft of Bordering Vegetated Wetlands, no restoration of the resource area is proposed. Therefore, the application and plan fail to comply with the requirements of the Ordinance, which require a 2:1 restoration of altered BVW. WPA Form 3: pg 3, B (d). - It should be noted that the although there have been alterations to the vegetation in the Bordering Land Subject to Flooding, no information on the amount of the alterations has been provided. WPA Form 3: pg 5, C (1). - It should be noted that this work is proposed within a mapped Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species for the Blanding's Turtle (Emydoidea blandingii). The applicant has submitted a copy of the NOI to MESA and we are presently waiting for their response. FORM “A” Form “A”: pg 2, Part I, (7.) – It should be noted that there are permits required for the stairways, electrical and pumping utilities that were installed without the permits that are required to comply with the building code regulations. Furthermore, if any of those alterations are to be removed, detailed information must be provided to ensure that further impact to the resource area and Habitat of Rare Wildlife will not result. Form “A”: pg 7, Part IV, (1.) – The applicant has stated “yes” to this question, but has failed to provide a copy of the property deed as required. Page 3 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – September 16, 2021 LEC NOI Applicant Report – Dated September 3, 2021: Mitigation Measures: pg 6, (6.1) – The applicant should provide detailed information on methods used to remove existing utililities to allow for proper review of proposed activity and to ensure that further impact to the resource area and Habitat of Rare Wildlife will not result. Mitigation Measures: pg 6, (6.2) - To allow for proper review of proposed activity, additional information on the number of species, size, location, and spacing, needs to be provided. Mitigation Measures: pg 6, (6.3) - To allow for proper review of proposed activity, additional information on the location and size of the areas being impacted and a detailed restoration plan must be provided. Plans: Sheets 1 of 1, dated August 31, 2021, prepared by GPI – I am unable to properly review the impacts, both present and future to jurisdictional areas, without grading information. The regulations require that grading information be provide to allow for proper review of the proposed scope of the project. I am unable to determine if erosion of these trails will occur without knowing the grade of the scope and maintenance of these areas. The chairman asked if there was any public participation. Vida Harris of 47 Maple Street spoke in regards to not being in favor or opposed, just to state her observation that she has been seeing fewer ducks, turtles, and herrings when she walks her dog on Maple Street in that area since the bridge was put in. Mr. Davidson asked the applicant’s Engineer to remove the floating walkway and other disruptions to the property. Mrs. Boulay agreed. Mr. Giarrusso suggested o the Commission to go and walk the property indicated in the filing so they could see it in person. At this time, Mr. Wells request this be continued to the meeting of October 21, 2021 to allow time for a site walk as well as for submitting revised plans with more detail to the Commission. A motion was made by Mr. Parsons; seconded by Mr. Rossi; so voted UNANIMOUS to CONTNUE the public hearing to the meeting of October 21, 2021. II. CALL TO ORDER: The Chairman called the meeting to order at 7:33 p.m. III. ACCEPTANCE OF THE AGENDA/AMENDMENTS: A motion was made by Mr. Parsons; seconded by Mr. Rossi; so voted UNANIMOUS to ACCEPT the agenda with the following amendments: Item VI. Old Business: D. the file number should be DEP File #219-1204. Item IV. Acceptance of Minutes: the minutes of 8/5/2021 were not ready for approval. IV. ACCEPTANCE OF MINUTES: A motion was made by Mr. Parsons; seconded by Mrs. Seaman; so voted UNANIMOUS to ACCEPT the minutes of 8/19/2021 and 9/2/2021. It should be noted the minutes of 8/5/2021 were not ready. Page 4 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – September 16, 2021 V. NEW BUSINESS: A. Request for Determination of Applicability – MCC File #21-015 – 5 Pine Tree Drive – Joshua Currivan Mr. Giarrusso stated that the applicant has filed a Request for a Determination of Applicability for the proposed construction of a 20’ long retaining wall and associated patio area within the 100’ Buffer Zone associated with Bordering Vegetated Wetlands. Erosion control must be installed at the limit of work, and be maintained to protect the Resource Areas. Mr. Giarrusso stated this project has begun and the required erosion control is already installed and has been inspected. A motion was made by Mr. Parsons; 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 Section 2. (a) Work Description, signed August 31, 2021 submitted with Request for Determination of Applicability application 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. All materials shall be stockpiled in the front of the property. 4. ALL disturbed areas shall be stabilized at the end of the project. 5. Existing grades shall not be altered beyond the approved scope of work, as a result of the proposed work. 6. 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. 7. 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) EO#21-003 – 46 Old Ferry Road – Triple G, LLC (CON’T from 7/22/2021) This item has been continued to the Commission’s October 7, 2021 meeting. A motion was made by Mr. Rossi; seconded by Mr. Parsons; so voted UNANIMOUS to CONTNUE to the meeting of October 7, 2021. Page 5  METHUEN CONSERVATION COMMISSION Minutes of a Meeting – September 16, 2021 B. Request for Bond Reduction – MCC File #13-101- Phase 1 & 1A, 2, 3 & 4 – Emerald Pines, The Regency – Toll Brothers Mr. Giarrusso stated to the commission that because of new requirements set forth by the Department of the Public Works Director, the Engineering Administrator has asked the applicant to provide their office with more information in order for them to consider a possible reduction of the bond. C. Extension to Orders of Conditions (1 year)– DEP File #219-1211 – MCC File #18-006 – 65 Ayers Village Road – Gulezian Farm Estates Mr. Giarrusso made a recommendation that the Commission grant the request to allow the project to be completed without interruption. A motion was made by Mr. Parsons; seconded by Mrs. Seaman; so voted UNANIMOUS to ISSUE a 1 year extension to the above Orders of Conditions. D. Extension to Orders of Conditions (3 years) DEP File #219-1204- MCC File #18-003 – 14 Calumet Road – True Storage Mr. Giarrusso made a recommendation that the Commission grant the request to allow the project to be completed without interruption. A motion was made by Mr. Parsons; seconded by Mr. Sateriale; so voted UNANIMOUS to ISSUE a 3-year extension to the above Orders of Conditions. VII. CONSERVATION OFFICER’S REPORT: Mr. Giarrusso updated the commission on upcoming Emergency Certificates for both Harris Street and Howe Street. He also stated the annual drawdown at Forest Lake would be starting the beginning of October. VIII. OTHER BUSINESS: There was no other business at this time. IX. ADJOURN: A motion was made by Mr. Sateriale; seconded by Mrs. Boulay, so voted, UNANIMOUS to ADJOURN the meeting at 7:46 p.m. Respectfully submitted by: Reviewed by: Approved on: ___________________ _____________________ ____________ Jodie Geary, Kenneth Sateriale, Date Approved Head Clerk Secretary Page 6