Conservation Commission

CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 The City of Methuen Conservation Commission held a hybrid meeting via in-person and Zoom video conferencing (VC) on June 16, 2022, at 7:04 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; and Commissioners Christopher Parsons and Cara Seaman. Also present were Conservation Officer Joseph Giarrusso and Head Clerk Jodie Furey. The Chairman opened this meeting and announced that Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted 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 the meeting via virtual means. The meeting may be accessed remotely via Zoom 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 16, 2022. I. NOTICES OF INTENT: A. Notices of Intent – DEP File #219-1272 – MCC File # 22-002 – 46 Old Ferry Road – Triple G, LLC – Fieldstone Land Consultants, PLLC (Con’t from 5/19/2022) The applicant has filed a Notice of Intent for the proposed construction of a 150,976 sq/ft Commercial Warehouse Building within the Buffer Zone of Bordering Vegetated Wetlands, as shown on the plans, “Wetland Flag Worksheet” sheet 1 of 1 by Fieldstone Land Consultants PLLC., dated February 4, 2020, revised March 30, 2021, and “Buffer Impact Plan” sheets 1 & 2 of 2, by Fieldstone Land Consultants PLLC., dated May 4, 2022. Mr. Giarrusso has not received revised information and was unable to comment beyond updating the Commission on the status of the DEP number which was issued. The following comments, and updates in bold, are from Mr. Giarrusso’s May 19, 2022 review. - The project has been has not been issued a DEP number. DEP # 219-1272 was issued for this project. - The proposed plans do not provide detailed information on proposed structures, erosion control installation and other proposed structures, therefore I am unable to properly review the proposed project and possible impacts. This item has not been addressed. - Submitted plans fail to provide detailed information and locations of the proposed material, soil and snow stockpile areas. This item has not been addressed. - Proposed project has a point source discharge. Re-design of the project is necessary either to prevent this or provide treatment. This item has not been addressed. METHUEN CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 - There should be a detailed construction sequence and time table outlining how the slope work will be done. The plan should also describe how equipment will access the sloped area at the time of construction. This item has not been addressed. - Taking into consideration the slopes and amount of disturbance, I would recommend that the limit of work for erosion control consist of a minimum of double staked haybales and properly installed silt fencing. This item has not been addressed. - This project will require an EPA NPDES permit. The applicant should provide copies of the proposed SWPPP plan to the Commission for proper review and approval. This item has not been addressed. - The submitted plans do not provide detailed information on the location of the proposed utilities; therefore, I am unable to properly review the proposed project and possible impacts or conflicts with the proposed drainage design. This item has not been addressed. - Taking into consideration the soils and size of disturbance, the applicant should provide a dust management plan. This item has not been addressed. - The proposed “Stormwater Inspection & maintenance Manual” should be dated so that it can be properly cited in the OOC and it should require that copies of all reports be provided to the Methuen Conservation Commission. This item has not been addressed. At this time, the Chairman opened the meeting up to public participation and the following residents spoke: John Nardone – 2 Birch Hill Drive At this time, the Commission had no further comments. A motion was made by Mr. Rossi; seconded by Mrs. Seaman; so voted UNANIMOUS to CONTINUE the public hearing to the meeting of July 21, 2022. B. Notices of Intent – DEP File #219-1261 – MCC File # 21-010 – 115 West Street – Chum – Ranger Engineering Group, Inc. (Con’t from 05/19/2022) The Notice of Intent was submitted by Chum Loam, with plans, Sheets 1 thru 3 of 3 by Ranger Engineering Group, Inc., dated August 31, 2021, and revised, dated January 11, 2022, for the proposed demolition of a fire-damaged existing single-family dwelling and construction of a new single-family dwelling and associated utilities and connection to an existing sewer system located to the east of the site. The project had been tabled because of the need to apply and receive approval for a required variance from the Zoning Board of Appeals (ZBA) . The applicant has now filed with ZBA and is on the ZBA meeting agenda. It should be noted that the project is in violation of the regulations as a result of the unpermitted demolition of the dwelling, construction of chicken coop, and clearing of vegetation on the site, which includes impacts within the 50’ No Disturb Zone. The applicant has submitted plans showing the scope and limits of clearing of the violation totaling 1,740 sq/ft of buffer. Mr. Giarrusso stated the ZBA has continued the item to their June 22, 2022 meeting. Page 2 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 At this time there was no public participation or comments from the Commission. A motion was made by Mr. Rossi; seconded by Mrs. Seaman; so voted UNANIMOUS to CLOSE the public hearing. The commission now as 21 days to make a decision. C. Notices of Intent – DEP File #219-1270 – MCC File #22-004 - 12 Ingalls Court – L.D. Russo, Inc. – Seekamp Environmental Consulting, Inc. The file in order, a motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to ACCEPT the above Notice of Intent. The Notice of Intent was submitted by L.D. Russo, Inc., with plans, Sheets 1 thru 14 of 14 by Millennium Engineering, Inc., dated June 30, 2021, and revised dated April 25, 2022, and is for the proposed redevelopment of an existing developed site. The redevelopment consists of the demolition of an existing building and the construction of a new multi-family residential building including accessed parking lot, utilities, and stormwater management system. The project has be filed under the 40B provisions and is exempt from Local Wetlands regulations. It has been approved by both the Zoning Board of Appeals and Community Development Board. In review of the submitted information Mr. Giarrusso had the following comments: Found in the “Long Term Pollution Prevention and Operation and Maintenance Plan” 1. This plan should have a date to allow for proper refencing within the Order of Conditions. 2. The “Illicit Discharge Compliance Statement” is not signed. 3. The plan should specify the planned method of recording and reporting long term/post- construction operation and maintenance. The Conservation Commission should be provided with a copy of the annual report each year on or before December 30th. - The Proposed erosion control is silt sock, taking into account the slope along the river, and the amount of disturbance. The Commission’s policy is that “double-staked hay bales and silt fencing” be required to protect the resource areas. Pat Seekamp from Seekamp Environmental Consulting, Inc. and T.J. Melvin from Millennium Engineering, Inc. presented plans on behalf of the applicant. At this time there was no public participation or comments from the Commission. A motion was made by Mr. Rossi; seconded by Mr. Sateriale; so voted UNANIMOUS to CONTINUE the public hearing to the meeting of July 7, 2022. D. Notices of Intent – DEP File #219-1271 – MCC File #22-005 –501 & 600 Griffin Brook Drive – Griffin Brook Drive Owner, LLC – LEC Environmental 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 Notice of Intent was submitted by Griffin Brook Drive Owner, LLC, with plans by The Morin-Cameron Group, Inc., dated April 6, 2022, and revised May 20, 2022, for the proposed construction of a 101,250 sq/ft industrial building, parking lot, associated utilities, and stormwater Page 3 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 management facilities. The proposed work will result in the redevelopment/impacts to 2,817 sq/ft of Riverfront Area associated with Griffin Brook. In review of the submitted information I have the following comments: Found in the “Long Term Best Management Practices, O & M Plan” 1. This plan should have a date to allow for proper refencing within the Order of Conditions. 2. The plan should specify the planned method of recording and reporting long term/post- construction operation and maintenance. The Conservation Commission should be provided with a copy of the annual report each year on or before December 30th. - The Proposed erosion control is silt sock, taking into account the slope along the North side of the site from Wetlands Flags B7 to B29-A, “double staked hay bales and silt fencing” should be required to protect the resource areas. Julia Hoogeboom from LEC Environmental Consultants, Inc., Scott P. Cameron from the Morin- Cameron Group, Inc., and Shawn Smith, the applicant, all spoke on the plans being presented. At this time there was no public participation or comments from the Commission. A motion was made by Mr. Parsons; seconded by Mr. Sateriale; so voted UNANIMOUS to CLOSE the above Notice of Intent. The Commission now has 21 day to make a decision. E. Notices of Intent – DEP #219-127? – MCC File #22-006 – 22 Brayton Street – G Trenton Realty Trust – Greenman-Pederson, 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 Notice of Intent was submitted by G Trenton Realty Trust with plans, Sheets 1 thru 3 of 3, by Greenman-Pederson, Inc., dated May 2, 2018, and revised, dated December 2, 2021, for the proposed construction of a single family dwelling, driveway, utilities, and stormwater management system. The project has been approved by Community Development Board. Mr. Giarrusso recommends that there be an Operation and Maintenance Plan to manage the drainage structures proposed. Mr. Giarrusso stated we also have not received a DEP File number so at this time we are unable to close the public hearing. A motion was made by Mr. Rossi; seconded by Mrs. Seaman; so voted UNANIMOUS to CONTINUE the public hearing to the meeting of July 21, 2022. F. Stormwater Management Rules & Regulations – Review & Adoption: Mr. Giarrusso discussed the Stormwater Rules and Regulations with the Commission. The Commission had time to review that document prior to the meeting as well. At this time there were no comments from the public or the Commission. Page 4 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 A motion was made by Mr. Sateriale; seconded by Mrs. Seaman; so voted UNANIMOUS to CLOSE the public hearing. II. CALL TO ORDER: The Chairman called the meeting to order at 8:16 p.m. III. ACCEPTANCE OF AGENDA / AMENDMENTS (IF ANY): A motion was made by Mr. Parsons; seconded by Mrs. Rossi; so voted UNANIMOUS to ACCEPT the agenda with amendments. IV. ACCEPTANCE OF MINUTES: A motion was made by Mr. Sateriale; seconded by Mr. Rossi; so voted UNANIMOUS to ACCEPT the minutes of 5/5/2022, 5/19/2022, and 6/2/2022. It should be noted that the minutes of 2/3/2022 were not ready. V. NEW BUSINESS: A. Request for Determination of Applicability – MCC File #22-008 – 31 Clementi Lane – Robert & Aimee McCarthy The Request for Determinations of Applicability filed by Robert and Aimee McCarthy, is for the proposed construction of a 16’ by 36’ inground pool and associated patio area in the rear yard of a single family house within the Buffer Zone of Bordering Vegetated Wetlands associated with a pond. The project as proposed showed that the pool will be within the existing yard and that the proposed limit of work and erosion control appear to be at the edge of existing lawn 20’ from the resource area. A motion was made by Mr. Rossi; seconded by Mrs. Seaman; so voted UNANIMOUS to ISSUE a Negative 3 Determination 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 a pool permit may be issued, erosion control shall be installed at the limit of work as shown on the submitted plan dated revised 03/25/22. 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. Swimming Pools: The chemical content of water in swimming pools can be detrimental to wetland plant and animal species. To remove harmful chemicals, it is the applicant’s responsibility to leave pool water standing without the addition of chlorine for a minimum of three (3) days before draining; in this way, chlorine concentration will be significantly reduced due to volatilization. All pool water, wherever possible, will be drained through a dry well or discharged not less than fifty (50) feet from the edge of wetland. 5. 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. Page 5 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 6. 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. B. Request for Determination of Applicability – MCC File #22-009 – 44 Bicknell Avenue – Manuel Costa This item must been tabled to allow for the required legal notice to be placed in the local newspaper. There was no action needed at this time. C. Request for Determination of Applicability – MCC File #22-010 – 47 Monterey Drive – Jonathan Horowitz The Request for Determinations of Applicability filed by Jonathan Horowitz, is for the proposed construction of a retaining wall that will wrap around the existing yard associated with the existing house within the Buffer Zone of existing Bordering Vegetated Wetlands. The project as proposed within the existing yard and proposed limit of work and erosion control appear to be at the edge of existing lawn 45’ from the resource area. A motion was made by Mr. Rossi; seconded by Mrs. Sateriale; so voted UNANIMOUS to ISSUE a Negative 3 Determination 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 a building permit may be issued, erosion control shall be installed at the limit of work as shown on the submitted plan. The Conservation Commission or its agent shall inspect the erosion control 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, including 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 review/approve the methods proposed. 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. VI. OLD BUSINESS: A. Enforcement Orders- There were no Enforcement Orders at this time. B. Stormwater Management Rules and Regulations – Review and Adoption A motion was made by Mr. Parsons; seconded by Mrs. Sateriale; so voted UNANIMOUS to ACCEPT the Stormwater Management Rules and Regulations. Page 6 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – June 16, 2022 C. Orders of Conditions/Bond – DEP File #219-1270 – MCC File #22-004 - 12 Ingalls Court – L.D. Russo, Inc. The Commission was unable to close the Notice of Intent; so at this time will not be able to issue the Orders of Conditions. No action was taken at this time. D. Orders of Conditions/Bond – DEP File #219-1271 – MCC File #22-005 – 501 & 600 Griffin Brook Drive The Commission was unable to close the Notice of Intent; so at this time will not be able to issue the Orders of Conditions. No action was taken at this time. VII. CONSERVATION OFFICER’S REPORT: VIII. OTHER BUSINESS: A. Request to waive bond – MCC #21-007 - 538 Howe Street – George Ead When the Commission granted the request that the Bond be waived, they required that the following Special Conditions be included as part of the Order of Conditions. The Methuen Conservation imposes a bond requirement bond in the amount of $214,800.00, but suspends the posting of the bond so long as there is no change in the ownership of the subject premises. The Conservation Commission shall be notified, in writing, within ten (10) days of any instance where any individual or entity transfers, in whole or part, and of its right, title or interest to the land which is the subject of this Order of Conditions, or in the instance where any shareholder of a corporation transfers any stock, or in the case of any nominee/realty trust where there is a change in the beneficiaries. Said Notice of Transfer when filed with the Methuen Conservation Commission shall contain the name, address, and telephone number of the new owner/transferee. Effective as of the date of transfer, the suspension of the requirement of a performance bond shall be revoked, requiring the bond to be in place forthwith. At the time of transfer, ALL activity on the site shall cease and desist until such time that the bond has been posted and proper documentary proof of said bond submitted to the Conservation office verifying the same is effective and in place. Failure to comply with the foregoing shall result in fines not less than $100.00 per day that the site is in violation. IX. ADJOURN: A motion was made by Mrs. Boulay; seconded by Mr. Sateriale; so voted, UNANIMOUS to ADJOURN the meeting at 8:47 p.m. Respectfully submitted by: Reviewed by: Approved on: ___________________ _____________________ ____________ Jodie Furey, Kenneth Sateriale, Date Approved Head Clerk Secretary Page 7