Conservation Commission

CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 The City of Methuen Conservation Commission held a hybrid meeting via in person and Zoom video conferencing (VC) on February 17, 2022, 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; Ken Sateriale, Secretary; Sandra Boulay, Financial Secretary (arrived at 7:10 p.m.); and Cara Seaman, Commissioner. Also present were Conservation Officer Joseph Giarrusso and Head Clerk Jodie Geary. Commissioners Christopher Parsons and Neily Soto were on an excused absence. 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 February 17, 2022. I. NOTICES OF INTENT: A. Notice of Intent – DEP File #219-1263 – MCC File #21-012 – 61 Old Ferry Road – Desal Ferry, LLC – Norse Environmental Services, Inc. (TABLED from 02/03/2022) Mrs. Geary read an email dated February 17, 2022 from Norse Environmental Services, Inc. stating the applicant has requested that this item be tabled to allow for the redesign of the projects to include a forced sewer main that will allow the project to move forward. A motion was made by Mr. Rossi; seconded by Mrs. Seaman; so voted UNANIMOUS to TABLE the public hearing to the meeting of March 3, 2022. Notice of Intent – DEP File#219-1266 – MCC File #22-001 – 151 Pelham Street- Clear Channel Outdoor – Andover Consultants, Inc. The file in order, a motion was made by Mr. Sateriale; seconded by Mr. Rossi; so voted UNANIMOUS to ACCEPT the above Notice of Intent. The submitted Notice of Intent by Clear Channel Outdoors is for the demolition of the existing billboard and foundation, and replacement of it with a new digital billboard system, as described in plans submitted to the Commission by Andover Consultants, dated February 2, 2022 with the proposed work resulting in the alteration of 260 sq/ft of Riverfront area, with the proposed erosion control being located at the edge of existing maintained area, 10’ from the edge of bordering vegetated wetlands. METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 Dennis Griecci from Andover Consultants, Inc. presented the plans for the proposed work. Mr. Davidson asked if there was any public participation. Hearing and seeing none, public participation was closed. A motion was made by Mr. Sateriale; seconded by Mr. Rossi; 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 meeting to order at 7:15 p.m. III. ACCEPTANCE OF AGENDA / AMENDMENTS (IF ANY): A motion was made by Mr. Rossi; seconded by Mrs. Seaman; so voted UNANIMOUS to ACCEPT the agenda as posted. IV. ACCEPTANCE OF MINUTES: A motion was made by Mr. Rossi; seconded by Mr. Sateriale; so voted UNANIMOUS to ACCEPT the minutes of 1/20/2022. A. Request for Determination of Applicability – MCC File 22-001 – 19 & 19 ½ Mystic Street – Methuen Housing Authority – Allen & Major Associates, Inc. The Request for Determination of Applicability filed by Methuen Housing Authority, is for the proposed replacement of existing pavement and sidewalks within the Buffer Zone of Bordering Vegetated Wetlands associated with an intermittent stream. The project as proposed appears to be within the existing paved areas and the proposed limit of work and erosion control appear to be within the maintained areas of the property. A motion was made by Mrs. Seaman, seconded by Mr. Sateriale; so voted UNANIMOUS to issue a Negative 2 under the State and Local with the following stipulations: 1. A 48-hour written notice shall be given to the Methuen Conservation Commission prior to any activity on site. 2. Before work may begin, erosion control, consisting of staked wattle and silt fencing shall be installed at the limit of work as shown on the approved plan dated February 3, 2022. The Conservation Commission or its agent shall inspect it before work may begin. 3. All building materials shall be stockpiled in the front of the property. 4. Prior to any field changes, a written request to include drawings shall be submitted for review and approval by the Commission and/or its agent. Should dewatering be required for the construction, the Commission shall be notified and shall approve the methods used. 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. B. Request for Determination of Applicability – MCC File 22-002 – 566 Merrimack Street – Eliander Troncoso Page 2 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 The Request for Determinations of Applicability filed by Eliander Troncoso, is for the proposed construction of a 24’ by 24’ garage, and approving a limit of work within the Riverfront Area associated with an Bare Meadow Brook, a perennial stream. The project as proposed appears to be within the existing yard, and the proposed limit of work and erosion control appear as shown on the submitted plan and within the existing maintained property, and are located approximately 143’ from the top of an Inland Bank. Therefore the request was only filed under the State Wetlands Protection Act. A motion was made by Mr. Rossi; seconded by Mr. Sateriale issue Negative 2 under the State only with the following stipulations: 1. No work shall be undertaken until the Final Determination has been recorded in the Registry of Deeds or Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Determination shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Determination shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Methuen Conservation Commission on the form at the end of this Determination prior to commencement of the work. 2. A 48-hour written notice shall be given to the Methuen Conservation Commission prior to any activity on site. 3. Before building permit may be issued, erosion control, consisting of staked 12” Straw Wattle shall be installed at the limit of work as shown on the approved plan dated February 3, 2022. The Conservation Commission or its agent shall inspect it before work may begin. 4. All building materials shall be stockpiled in the front of the property. 5. A dumpster will be used for the construction debris to prevent materials from blowing into the resource area(s) and it shall be covered at the end of each workday. 6. Prior to any field changes, a written request to include drawings shall be submitted for review and approval by the Commission and/or its agent. Should dewatering be required for the construction, the Commission shall be notified and shall approve the methods used. 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. 8. 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. V. OLD BUSINESS: B. Orders of Conditions/Bond – DEP File#219-1260 – MCC File #21-009 – 45 Maple Street – Thomas Evangelista Page 3 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 The Notices of Intent filed by Thomas Evangelista with plan sheets 1 of 1 , dated August 31, 2021, revised January 21, 2022 prepared by GPI, is for the after-the-fact approval of the 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). Those activities are in violation of earlier Wetlands and MESA approvals. A motion was made by Mr. Rossi; seconded by Mr. Sateriale ISSUE an Order of Conditions with the following Special Conditions: 1. Before ANY activity on the site may begin, the Contractor, job supervisor, and City shall meet with the Conservation Officer to review the Order of Conditions, Work Sequence and timetable regarding the removal of utilities and lighting for the project. At this time, the contractor shall review any issues with the location of stockpile areas. 2. Before ANY activity on the site may begin, erosion control shall be installed at the limit of work as shown on the approved plans. The Conservation Commission or its agent shall inspect it before work may begin. 3. The applicant within 30 days of issuance of the Order of Conditions, shall submit the Draft Conservation Restriction, dated December 9, 2021 to the Office of the Secretary of Executive Office of Energy and Environmental Affairs for review and approval. Once this document has been approved the property owner shall comply with all requirements to execute the Conservation Restriction. Once the Conservation Restriction is in place any failure to comply with this restriction and its condition will result in a fine of $300.00 per day that the property owner is in non-compliance of this condition. This Condition shall remain in perpetuity. 4. NO WORK or OTHER ACTIVITIES SHALL BEGIN ON SITE until the boundaries of the “Conservation Restriction” have been permanently monumented and marked with signage that will delineate the boundary of the protected open space as shown on the Conservation Restriction Plan, dated December 1, 2021, an as-built plan shall be provided to the Commission verifying the placement of all bounds. Said permanent bounds and signage shall be maintained in good condition by the property owner and repaired or replaced, as necessary. ALL boundary markers shall comply with the requirements as required in the standards set by NHESP Guidance Document for Open Space Signage and Monumentation or the NHESP Conservation Permit. The Conservation Commission or its agent shall inspect and approve the location of the markers in the field before work may begin. Failure to comply with this condition will result in a fine of not less than $100.00 per day that the property owner is in non-compliance of this condition. This Condition shall remain in perpetuity. 5. To ensure that each property owner has been properly informed of the existence of the Conservation Restriction on their property and the critical importance that they perform NO activity within the restricted area, a notice to this effect shall be included in both the purchase and sales agreement for the property and any deed(s) prepared for the property. A form signed by the Page 4 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 buyer(s) acknowledging they understand these restrictions shall be submitted to the Commission. This condition shall remain in perpetuity and any violation of this condition shall result in fines of not less than $100.00 per day. 6. The property owner shall comply with the requirements the approved “INVASIVE PLANT Management Plan”, dated October 29, 2021. The Commission shall be given 48 hour notice each time management work is done as required under the plan. The Commission shall be receive an annual report as stated in the management plan for invasive plants management and in addition SHALL receive inspection reports for all proposed restoration and mitigation plantings. These reports shall be performed for a minimum of three (3) growth seasons after planting and at the completion of this time period the Commission will determine if additional monitoring is necessary, and if not the property owner shall file for a Certificate of Compliance, which shall include an as-built plan. The Commission requires that once it has been determined that treatment of invasive species is not required, there will be a be site assessment done every two years thereafter, with a summary report submitted to the Commission for review, no later than November 1st of each year. Should invasive species be found a proposed management plan shall be provide for the Commission’s review and approval. Failure to comply with this condition will result in a fine of $300.00 per day that the property owner is in non-compliance of this condition. This Condition shall remain in perpetuity. 7. ALL equipment shall be stored a minimum of 35’away from the delineated Bordering Vegetated Wetlands. This shall be verified in the field by the Conservation Officer. 8. Failure to comply with all the conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 9. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury or absolve the petitioner of responsibilities to other property owners or any invasion of private rights, including land to which he discharges water directly or indirectly. 10. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statues, ordinances, by-laws or regulations. 11. The work authorized hereunder shall be completed within (3) three years from the date of this Order unless work is a maintenance dredging project as provided for in the Ordinance. Should there be a need to remove the dock system the Commission shall at that time determine if a filing is necessary. 12. This Order may be extended by the issuing authority for one-year periods, each upon application to the issuing authority at least (30) thirty days prior to the expiration date of the Order. 13. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, grass clippings, refrigerators, asphalt products, hazardous waste, motor vehicles or parts of any of the foregoing. At no time shall any debris or other material be buried or disposed of within that line marked on the plan as wetland, other than that fill which is allowed by this Order and is shown in the plan(s) referenced above. 14. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. Page 5 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 15. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry’s Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Methuen Conservation Commission on the form at the end of this Order prior to commencement of the work. 16. A sign shall be displayed at the site not less than two (2) square feet in size, bearing the words, D.E.P. File # 219-1260_ and M.C.C. File No. 21-009_ Said sign shall not be nailed to any living tree. 17. The Methuen Conservation Commission shall be notified within ten (10) days of any instance where an individual, association, partnership, trust, or corporation transfers, in whole or part, its title and interest to the land which is the subject of this Order of Conditions, or in the instance where a corporation shall transfer greater than fifty (50) percent of its stock. Such individuals or other entities shall notify the Methuen Conservation Commission of the name, address, and telephone number of the new owner. Such new owners or new controlling interests, in the case of a corporation, shall forthwith also furnish the Methuen Conservation Commission with a notarized statement as called for in condition #26. 18. Within thirty (30) days of completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that work has been satisfactorily completed. 19. No work may proceed until the applicant has received other permits required by law, including but not limited to, any permit required by the Methuen Board of Health, Planning Board, Board of Appeals, D.E.P., MEPA and USCOE. 20. If substantial (i.e. a minimum of 1/3 of construction) work has not been completed within one year from the date of issuance, any request for an extension may be denied. 21. Upon completion of this project, any request for a Certificate of Compliance shall be accompanied by, but not limited to, those materials as specified in Section 7 of the Rules and Regulations and Chapter 12. (Section 7 reads “A Certificate of Compliance shall be requested by the applicant/owner in writing and may be issued by the Commission following a site inspection, provided that the request for the Certificate of Compliance must contain with it, an affidavit signed and stamped by a Massachusetts Registered Professional Engineer, Land Surveyor, Architect or Landscape Architect, stating that all work has been completed in accordance with this Order of Conditions and plans submitted. Such request for Certificate of Compliance shall include with it an as-built plan signed and stamped by said individual. The Certificate of Compliance shall be issued on the form marked “B” annexed hereto and shall be valid only when approved by a majority of the Methuen Conservation Commission. If, after a site inspection, the Methuen Conservation Commission determines that the Order of Conditions has not been satisfactorily complied with, the request for certificate may be denied. This decision shall be forwarded to the applicant, along with the reasons for denial within twenty-one (21) days of receipt of the request for a certificate.”) Page 6 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 22. Any deviations made or intended to be made from the plans submitted, the Notice of Intent, and this Order of Conditions, shall require the filing of a new Notice of Intent, or to inquire of the Methuen Conservation Commission in writing whether the change is substantial enough to require a new filing. 23. The applicant shall have received written approval of any proposed change(s) from the Methuen Conservation Commission prior to the execution of any change in the field. 24. The applicant shall file, in conjunction with the Methuen Conservation Commission, all those materials, plans and certifications showing foundation locations that are required by the City of Methuen Building Inspector. 25. A forty-eight (48) hour written notice shall be received by the Methuen Conservation Agent prior to the commencement of any work on the site. 26. Prior to commencement of any work, the person receiving the Order of Conditions shall provide the Methuen Conservation Commission with a signed, notarized statement indicating, at a minimum, that such individual, under pains and penalties of perjury, swears that he understands the terms/conditions as specified in the Order of Conditions and that such person agrees to comply with the provisions of the Methuen Wetlands Ordinance, the regulations and the Order of Conditions. 27. This Order of Conditions shall apply to any successor in interest or in control. 28. If any plan, calculation, or other data presented to the Methuen Conservation Commission is in error or having omissions, and are deemed significant by the Methuen Conservation Commission or their agents, all work will stop at the discretion of the Commission, until the discrepancies have been rectified to the Methuen Conservation Commission’s satisfaction. 29. Members of the Methuen Conservation Commission and their agents shall have the right to enter the premises to inspect and evaluate compliance with this Order of Conditions and the Methuen Wetlands Ordinance, and to require the submittal of any data deemed necessary by the Methuen Conservation Commission for that evaluation. 30. A Performance Bond (Form ”K”) shall be issued by the Methuen Conservation Commission and signed by all parties prior to any alteration of the project site. Said bond shall be in the amount determined by the Methuen Conservation Commission, and said bond shall guarantee and assure performance of the conditions as outlined in this Order of Conditions and plans, diagrams and other data as incorporated therein. A copy of this bond or collateral including the expiration date shall be filed with the Methuen Conservation Office. (A Bond shall be calculated for the proposed wetlands restoration and the proposed Native Restoration Plantings.) 31. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements, to the extent that a conflict exists between performance requirements of the sections. 32. The Notice of Intent dated September 3, 2021 shall become a part of this plan. 33. Prior to construction, the applicant shall inform the Methuen Conservation Commission, in writing, of the names, addresses, business and home phone numbers of the project supervisor and his/her alternate. Page 7 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 34. A copy of the plan on record, Order of Conditions, and specific sequence of construction and instructions shall be kept at the work site whenever work is in progress. 35. Fill used for this project will be clean granular fill containing no organic matter, and containing no more than 20% by volume of objects that are no greater than one-half (1/2) cubic foot and is subject to the approval of the Methuen Conservation Agent. 36. The siltation fence or hay bale line erected to prevent siltation of the wetland shall also serve as the limit of activity for work crews. It shall remain in good repair during all phases of construction and it shall not be removed until all soils are stabilized, revegetated, and until permission to remove is given by the Methuen Conservation Commission. When approved for removal, all stakes and silt fence shall be removed from the site and disposed of lawfully. Hay bales shall either be removed or broken apart and spread out over the upland portion of the site. 37. Erosion and sedimentation controls shall be placed prior to construction activity and inspected by agents of the Methuen Conservation Commission before land disturbing activity may commence. The Methuen Conservation Commission reserves the right to require additional erosion control or storm damage prevention controls as construction progresses. These controls will be maintained, along with other controls deemed necessary by the Methuen Conservation Commission and/or its agent. Hay bales and siltation control barriers shall mark the limit of construction beyond which no equipment, earth or vegetation disturbance may take place. 38. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum amount of hay bales and sufficient stakes for staking the bales. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 39. All stockpiled soil shall be stockpiled and/or protected in such a way as to prevent wind and water erosion. In no case shall any soil be stockpiled within 50’ of any wetlands or floodplain. 40. As soon as possible during construction, all disturbed upland areas shall be brought to final finish grade and permanently stabilized (a) according to USDA Soil Conservation Service published guidelines or (b) in another way approved by the Methuen Conservation Commission. Bare ground that cannot be stabilized within thirty (30) days shall be stabilized by temporary measure approved by the Methuen Conservation Commission. A mulch of hay or straw shall be used on newly seeded slopes. The Methuen Conservation Commission may require the mulch to be anchored. 41. All drainage structures and roadways will be built per Methuen Department of Public Works specifications. All drainage facilities, silt ponds, and related structures and equipment shall be continually operated and maintained so as to comply with this Order of Conditions. The operation and maintenance of these facilities and structures shall be in perpetuity by the landowner(s) or through easement by the City of Methuen and shall not expire at the end of one year or with issuance of the Certificate of Compliance. 42. Any dewatering activities on the project in which water will be released to wetlands shall make use of a settling pond or similar device to remove sediment before water is released. Prior to any dewatering activities, the Methuen Conservation Commission and/or its agent shall approve of the location or the settling pond. Page 8  METHUEN CONSERVATION COMMISSION Minutes of a Meeting – February 17, 2022 43. The storm drainage system, detention basins, compensatory storage areas and/or erosion control devices shall be constructed/installed during the initial phases of the project so that they may be functional during construction. 44. Grading shall be established and maintained so there shall not be direct runoff to the abutting properties. 45. The project shall not be or constructed as to increase runoff in the post-development stages measured against pre-construction to abutting properties and wetland resource areas. 46. Site grading and construction shall be scheduled to avoid periods of high groundwater. 47. During construction, all rubbish shall be confined to a commercial container system. All debris, including but not limited to, stumps, brush waste and debris, from all aspects of this project shall be removed from the site and lawfully disposed of outside of any area subject to protection under Chapter 131, Section 40, Massachusetts General Law, or Chapter 12 of the Municipal Code of Methuen. Records as to the destination of all materials removed from the site shall be kept and made available to the Methuen Conservation Commission upon request. 48. During and after work on this project, there shall be no discharge or spillage of fuel, oil or other pollutants onto any part of the site. The applicant shall take all reasonable precautions to prevent the release of pollutants by ignorance, accident or vandalism. 49. No further filling, dredging or altering of wetland resource areas shall take place other than provided for in this Order of Conditions. 50. Fertilizers utilized for landscaping and lawn care after final stabilization shall be of low nitrogen content variety and shall be used in moderation. 51. Special Condition(s) 3, 4, 5 & 6 shall extend beyond the Certificate of Compliance, in perpetuity and shall be referred to in all future deeds to this property. VI. CONSERVATION OFFICER’S REPORT: There was no additional information on the Conservation Officer’s report. VII. OTHER BUSINESS: There was no other business at this time. VIII. ADJOURN: A motion was made by Mrs. Rossi; seconded by Mrs. Seaman, so voted, UNANIMOUS to ADJOURN the meeting at 7:30 p.m. Respectfully submitted by: Reviewed by: Approved on: ___________________ _____________________ ____________ Jodie Geary, Kenneth Sateriale, Date Approved Head Clerk Secretary Page 9