Conservation Commission

CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 The City of Methuen Conservation Commission held a hybrid meeting via in-person and Zoom video conferencing (VC) on August 4, 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; Ken Sateriale, Secretary; Sandra Boulay, Financial Secretary; and Commissioners Christopher Parsons and Cara Seaman. Also present was Conservation Officer (CO) Joseph Giarrusso. Head Clerk Jodie Furey was 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 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 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 August 4, 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 7/21/2022) 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, sheet 1 of 29 dated revised 06/29/22; Sheets 2, 3, 4, 6 thru 18, and 21 of 29 dated 04/04/22, revised 06/29/22; Sheet 5 of 29 dated 02/04/20, revised 03/21/22; Sheet 19, 20 and 22 thru 26 and 29 of 29 dated 04/04/22; Sheet 27 and 28 of 29 dated 02/22/22, revised 06/29/22 by Fieldstone Land Consultants PLLC. This set of plans have replaced the “Wetland Flag Worksheet” sheet 1 of 1 by Fieldstone Land Consultants PLLC., dated February 4, 2020, revised March 30, 2021. And Plans Sheets “Buffer Impact Plan” sheets 1 and 2 of 2, by Fieldstone Land Consultants PLLC., dated May 4, 2022. In review of the above cited revised information the CO provided the comments below. Subsequent comments from the CO are shown in bold. - The submitted plans are not properly stamped as required under the Rules and Regulations. Only sheets 5, and 22 thru 26 of 29 have the required professional stamp. - Submitted plans fail to provide detailed information and locations of the proposed material, soil and snow stockpile areas. This item has been addressed. Looking at large area to be plowed and the limited space for snow storage, I would recommend that the proposed fencing be continues to prevent snow from being inadvertently being dumped over the retaining wall and impacting the forested area and buffer zone. It appears that the proposed light poles METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 will be located in the snow storage area, but what will prevent these poles from being damaged by snow plows or pushing of snow in this area? - Proposed project has a point source discharge. This should be designed to prevent this or at least provide treatment. The revised plans have provided information on proposed headwall and treatment swale, although in looking at the angle of the proposed discharge and headwall it appears that the discharge will flow straight into the resource area and not to the treatment swale. - There should be a detailed construction sequence and time table outlining how the slope work will be done. This plan should also describe how equipment will access the sloped area at the time of construction. The revised information has provide a limited construction sequence, but has not provided detailed information on how the large slope sections will be graded and stabilized. - Taking into consideration the slopes and amount of disturbance, I would recommend that the limit-of-work erosion control consist of a minimum of double staked haybales and properly installed silt fencing. This item has not been fully addressed, the applicant is now proposing silt fence only. - 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. The revised plan has a note on sheet 22 of 29, under “Erosion Control Notes #19, that refers to a “Vigorous dust control program”, but does not provide any detail to what that requires or proposes. Therefore, I am not able to review the effectiveness of the proposed program. - The proposed “Stormwater Inspection and 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 provide to the Methuen Conservation Commission. This item has not been addressed. - All delineated wetlands should show the wetland flag number on the plan to allow for proper review. The chairman opened this up to public participation to which there was none. The commission did not have any comments at this time. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to CONTINUE the public hearing to the meeting of August 18, 2022. II. CALL TO ORDER: The Chairman called the meeting to order at 7:05 p.m. Page 2 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 III. ACCEPTANCE OF AGENDA / AMENDMENTS (IF ANY): A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to ACCEPT the agenda with amendments. IV. ACCEPTANCE OF MINUTES: A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to ACCEPT the minutes of July 7, 2022. It should be noted the minutes of 2/3/2022, and 7/21/2022 were not ready. V. NEW BUSINESS: A. Request for Determination of Applicability – MCC File #22-014 – 476-480 Broadway – GR Development – Greenman Pedersen, Inc. (Tabled from 7/21/2022) The Request for Determinations of Applicability filed by GR Development, is for the proposed demolition of two existing buildings and the construction of a carwash and associated parking lot by means of redevelopment of the existing structures and parking area which is within the buffer zones of resource areas associated with Spicket River watershed and the existing drainage system. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to ISSUE a Negative 3 Determination under the State and Local with the following conditions: 1. No work shall be undertaken until the Final Determination and Operation and Maintenance Plan AND Long Term Pollution Prevention Plan” received as part of the Request for Determination of Applicability dated July 22, 2022 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 and Operation and Maintenance Plan AND Long Term Pollution Prevention Plan” received as part of the Request for Determination of Applicability dated July 22, 2022 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 and Operation and Maintenance Plan AND Long Term Pollution Prevention Plan” received as part of the Request for Determination of Applicability dated July 22, 2022 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. Before ANY activity on the site may begin, (which includes but not limited to the installation of erosion control) the applicant shall provide additional test pit information to address the concerns stated in the Engineering Division memo dated July 28, 2022. Should the soils information result in the need to revised the drainage design the Commission will require that all revised information be reviewed and approved by the Engineering Division. 3. Before ANY activity on the site may begin, (which includes but not limited to the installation of erosion control), the Contractor, job supervisor, and City Engineer shall meet with the Conservation Officer to review the Determination, Construction Sequence, Erosion Control plan, timetable, and Phasing for the project. At this time, a 48-hour written notice and copy of the EPA Permit and “SWPPP” plan shall be given to the Methuen Conservation Commission. Page 3 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 4. 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. 5. Before Foundation permit may be signed off, Copies of all bills of lading associated with the proper disposal of all demolition debris shall be submitted to the Conservation Commission to insure proper disposal of all materials. 6. 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. 7. The applicant and/or property owners shall comply with the “Operation and Maintenance Plan AND Long Term Pollution Prevention Plan” received as part of the Request for Determination of Applicability dated July 22, 2022 and copies of all drainage maintenance reports shall be submitted to the Commission by hard copy or electronically at the end of each calendar yearly, or as otherwise required in the plan. Failure to comply with this condition will result in a fine of $100.00 per day that the property owner is in non-compliance of this condition. This Condition shall remain in perpetuity. 8. 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. 9. 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. 10. 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 #22-015 – 268 Lowell Street – Christopher Azzi The applicant, Christopher Azzi has filed Requests for Determinations of Applicability for the proposed gas service to an existing dwelling within the 100’ Buffer Zones associated with a no name brook. Erosion control consisting of straw wattle is proposed to protect the Resource Areas. It should be noted that are existing catch basins in the vicinity and silt sacks should be used while the work is being done. A motion was made by Mrs. Boulay; seconded by Mr. Sateriale; so voted UNANIMOUS to ISSUE a Negative 3 under the State and Local with the following conditions: 1. Work shall conform to description of work as outlined in the ”Project Description” 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 the “Best Management Practices” section of the submitted report shall be installed as shown on the Page 4 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 submitted plans. Silt sacks 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 Description” and details found on image provided date June 2022. 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 (1) NOV - #22-001 – 945 Riverside Drive – 945 Riverside Drive Condominiums This item has been continued to the meeting of September 15, 2022. B. Certificates of Compliance – DEP File #219-1246 – MCC File #20-005 – 42 Atkinson Street, Lot 2A – Armano Realty Investments (Tabled from 7/21/2022) The applicant has not submitted the required final as-built plan to allow for proper review by the Commission and its staff. Therefore, the CO was unable to provide further comment at this time. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to TABLE this item to the meeting of August 18, 2022. C. Certificates of Compliance – DEP File #219-760 – MCC File # 01-005 - 4 Treetrunk Lane- Chong Cha So (Tabled from 7/21/2022) The applicant has not submitted the required final as-built plan to allow for proper review for the Commission and it’s staff. Therefore, the CO was unable to provide further comment at this time. A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to TABLE this item to the meeting of August 18, 2022. D. Orders of Conditions/Bond – DEP File #219-1272 – MCC File # 22-002 – 46 Old Ferry Road – Triple G, LLC This above item was not able to be issued due to it being continued under the Notice of Intent. E. Orders of Conditions/Bond – DEP #219-1273 – MCC File #22-006 – 22 Brayton Street – G Trenton Realty Trust Page 5 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted UNANIMOUS to ISSUE and Order of Conditions with the following Special Conditions. It should be noted the bond amount is $16,000.00 Special Conditions: 1. 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 and timetable 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. A copy of the foundation certification(s) showing the location of the foundation(s) and cellar floor and/or top of foundation elevation(s) shall be submitted to the Commission and approved before a final building permit is released. This plan shall be at the same scale as the approved plan and shall include the location of installed erosion control and wetland flags. 4. Before Occupancy Permit may be issued, permanent Conservation markers available at the Commission Office shall be installed every 20 feet along the limit of work on the post and rail fence as shown on the approved plan. Once installed, the Commission and/or its agents shall inspect them before permit is released. This post and rail fence shall be maintained in perpetuity and any violation of this condition shall result in fines of not less than $100.00 per day and requirement of restoration of impacted markers and/or vegetation. 5. To ensure that each property owner has been properly informed of the existence of the Conservation markers and post and rail fence found 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 buyer(s) acknowledging they understand these restrictions shall be submitted to the Commission before a final occupancy permit may be issued. 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. 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. 7. The applicant and/or property owners shall comply with the “Operation and Maintenance Plan For Stormwater Systems” received as part of the Notice of Intent dated June 27, 2022 and copies of all drainage maintenance reports shall be submitted to the Commission by hard copy or electronically at the end of each calendar yearly, or as otherwise required in the plan. Failure to comply with this condition will result in a fine of $100.00 per day that the property owner is in non-compliance of this condition. This Condition shall remain in perpetuity. 8. 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. 9. 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. 10. 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. Page 6 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 11. 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. 12. 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. 13. 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. 14. 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 t itle 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. 15. A sign shall be displayed at the site not less than two (2) square feet in size, bearing the words, D.E.P. File # 219-1273 and M.C.C. File No 22-006 Said sign shall not be nailed to any living tree. 16. 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 #20. 17. 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. 18. 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. 19. If substantial (1/3 of construction) work has not been completed within 3 year from the date of issuance, any request for an extension may be denied. 20. 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 Page 7 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 the applicant, along with the reasons for denial within twenty-one (21) days of receipt of the request for a certificate.”) 21. 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 t o inquire of the Methuen Conservation Commission in writing whether the change is substantial enough to require a new filing. 22. 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. 23. 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. 24. 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. 25. 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. 26. This Order of Conditions shall apply to any successor in interest or in control. 27. 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. 28. 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. 29. 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 th e Methuen Conservation Office. 30. 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. 31. 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. 32. 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. 33. 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 Officer. Page 8 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 34. The siltation fence or hay bale line erected to prevent siltation of the wet land 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. 35. 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 addition al 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. 36. 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. 37. 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 other than shown on the approved plans. 38. 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. 39. 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. 40. 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. 41. 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. 42. Grading shall be established and maintained so there shall not be direct runoff to the abutting properties. 43. 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. 44. Site grading and construction shall be scheduled to avoid periods of high groundwater. 45. 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 Page 9 METHUEN CONSERVATION COMMISSION Minutes of a Meeting – August 4, 2022 as to the destination of all materials removed from the site shall be kept and made available to the Methuen Conservation Commission upon request. 46. 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. 47. No further filling, dredging or altering of wetland resource areas shall take place other than provided for in this Order of Conditions. 48. Special Condition(s) 4, 5 and 7 shall extend beyond the Certificate of Compliance, in perpetuity and shall be referred to in all future deeds to this property. VII. CONSERVATION OFFICER’S REPORT: There is no items under the Conservation officer’s report. VIII. OTHER BUSINESS: A. Emergency Certificate - #22-007 -Woodland Street – City of Methuen A motion was made by Mr. Sateriale; seconded by Mrs. Boulay; so voted, UNANIMOUS to RATIFY the above Emergency Certificate. IX. ADJOURN: A motion was made by Mrs. Boulay; seconded by Mr. Sateriale; so voted, UNANIMOUS to ADJOURN the meeting at 7:29 p.m. Respectfully submitted by: Reviewed by: Approved on: ___________________ _____________________ ____________ Jodie Furey, Kenneth Sateriale, Date Approved Head Clerk Secretary Page 10