METHUEN CONSERVATION COMMISSION       

 Present for this meeting were Suzanne M. Lamoureux, Chairperson, John Wilkens, Vice Chairperson, Christopher Parsons, Secretary, George Kazanjian, Financial Secretary, and Commissioner Sandra Boulay (arrived 7:20 p.m.).  Also present were Joseph Giarrusso, Conservation Officer and Head Clerk, Dianne A. Dewan.   Commissioner Isabel Tourkantonis was absent (maternity leave).   

The Chairperson called the regular meeting to order at 7:05 p.m. 

I.  NOTICES OF INTENT:

A.            Notices of Intent – DEP File # 219-1040 – MCC File # 07-015 – Lot 16, Old Ferry Road –

      HB & CS LLC – Merrimack Engineering Services (Con’t from 10/02/08) The Chairperson re-opened the public hearing for the above noted project and read a letter dated October 16, 2008 from Merrimack Engineering Services requesting a continuance to the meeting of November 6, 2008.  Hearing no public input at this time, a motion was made by Mr. Kazanjian; seconded by Mr. Parsons; so voted, UNANIMOUS to CONTINE the hearing to November 6, 2008.  

B.  Notices of Intent – DEP File # 219-1061 – MCC File # 08-013 – 7 Dale Street – David      Theroux  - Stowers Associates, Inc.  (Con’t from 10/02/08) The Chairperson re-opened the public hearing for the above noted project and read a letter dated October 3, 2008 from Stowers Associates Inc. requesting a continuance to the meeting of November 6, 2008.  Hearing no public input at this time, a motion was made by Mr. Kazanjian; seconded by Mr. Wilkens; so voted, UNANIMOUS to CONTINE the hearing to November 6, 2008.  

C.  Notices of Intent – DEP File #219-1063 – MCC File # 08-015 – 64 & 76 Swan Street –       Jackson Redevelopment, LLC – Merrimack Eng. Services, Inc. (Con’t from 10/02/08) The Chairperson re-opened the public hearing for the above noted project and read a letter dated October 16, 2008 from Merrimack Engineering Services requesting a continuance to the meeting of November 6, 2008.  Hearing no public input at this time, a motion was made by Mr. Kazanjian; seconded by Mr. Parsons; so voted, UNANIMOUS to CONTINE the hearing to November 6, 2008.     

D.  Amendment to Notices of Intent – DEP File #219-961 – MCC File # 05-017 – The Village at        Russell Farm off Merrimack St. – Homestead Village, LLC – SFC Eng. Partnership, Inc.  The file in order, a motion was made by Mr. Parsons; seconded by Mr. Kazanjian; so voted, UNANIMOUS to ACCEPT the Amended Notices of Intent for the above noted project.  The Chairperson opened the public hearing and David Jordan of SFC Engineering Partnership, Inc. noted the presence of the applicant, Joseph Pappalardo and presented the plans for revisions to modify the drainage design in three locations.   Ms. Lamoureux read comments from the Conservation Officer’s report and asked Mrs. Dewan to check for e-mailed comments from the City Engineer. Mr. Giarrusso noted that he has received information regarding the Operation and Maintenance Plan and asked who was doing the inspections.   

Mr. Jordan noted that right now it would be the developer and after that it would be taken over by the condo association through their management company.     Mr. Giarrusso asked if they are keeping a log as it has been there for two years and there should have been numerous inspections.  He asked for a copy of the logs.   Mr. Jordan noted that he did not know if there are logs.  If there are he will copy them to Mr. Giarrusso, and if not, they will get that schedule put in place so he will receive them.   Ms. Lamoureux read a petition from 28 of the condo unit owners requesting this request to amend the Orders of Conditions for the drainage design be approved.   In the absence of a memo from the City Engineer, Mr. Giarrusso contacted Steve Gagnon and the memo was sent via e-mail and he had no issues with the requested change to drainage design.  Pubic Input:   Paul Higginbottom of 9 Village Lane expressed his desire to see this design change approved.  He also spoke to the same support from other unit owners who could not be present. 

He also thanked the board for serving the Town.   A motion was made by Mr. Kazanjian; seconded by Mr. Wilkens; so voted, UNANIMOUS to CLOSE the public hearing for this project. The Commission now has 21 days in which to make their decision.  It will not be made this evening.  Mrs. Boulay arrived at this point, the time being 7:20 p.m.   

 II.  CALL TO ORDER: 

The Chairperson called the regular meeting to order at 7:23 p.m. 

III.  ACCEPTANCE OF AGENDA / AMENDMENTS (IF ANY):  A motion was made by  Mr. Parsons; seconded by Mr. Wilkens; so voted, UNANIMOUS to ACCEPT the Agenda         as posted.  

IV.  ACCEPTANCE OF MINUTES:  The minutes of 10/02/08 were not ready for acceptance.  

V. OLD BUSINESS:  

A.  Enforcement Issues 

1)  EO # 08-002 – 115 North Street – Morin  Mr. Giarrusso explained the violation at the above noted address in which there has been clearing of herbaceous and shrub vegetation within the 100 Buffer Zone of Bordering Vegetated Wetlands and alteration of approximately 1800 square feet of Resource Area by removal of vegetation and/or filling with wood chips, debris and soil.  He met on site with the property owner and explained the regulations.  He recommended the Commission issue Enforcement Orders requiring the following:  -   That all fill be removed from the resource areas within 30 days, and that two lines of erosion      control be installed,  first at the re-established wetland line and at the pre-existing limit of      work as shown on the approved plan.   -   That the altered area be left untouched to determine if the existing root stock and seed bank       will  re-vegetate by natural means.  The site will be inspected before the second meeting in      June of 2009 and a report with observations and recommendations from the Conservation     Officer will be submitted to the Commission to determine if further restoration is required.  -   Conservation markers shall be installed or vegetative hedge shall be planted at the       approved limit of work.   The property owner, Jeffrey Morin, came forward and explained that he had been laid up due to back surgery and he relied on someone to clear some dead fallen trees and was unsupervised by him.  Mr. Giarrusso explained what has to be done and he is agreeable to all requirements.   A motion was made by Mr. Wilkens; seconded by Mr. Parsons; so voted, UNANIMOUS to ISSUE the Enforcement Orders with the above requirements.   

B.  Certificates of Compliance – DEP File #219-948 – MCC File # 05-003 – 68 Monroe Avenue        Susan DiPietro – Atlantic Engineering & Survey Consultants, Inc.  Ms. Lamoureux read comments from the Conservation Officer’s report.  A motion was made by Mr. Wilkens to ISSUE the Certificates of Compliance; seconded by Mr. Parsons for discussion: Mrs. Dewan interrupted noting that there was also a memo from the City Engineering Department.  Ms. Lamoureux read for the memo dated October 16, 2008, from the Engineering Division in which it was noted that no elevation information on the infiltration system.   After some discussion, the motion was voted, UNANIMOUS to ISSUE the Certificates and RELEASE the Bond for this project, taking the letter dated September 19, 2008 from John B. Paulson of Atlantic Engineering & Survey Consultants, Inc. as verification that it was built per plan.     

C.  Extensions (3 years) to Orders of Conditions – DEP File #219-506 – MCC File # 96-033 –         54 Currier Street – John D. Jalbert  The applicant, John Jalbert, was present for this request to extend the Orders of Conditions for three years.   Ms. Lamoureux read comments from the Conservation Officer’s report.  A motion was made by Mr. Wilkens; seconded by Mr. Kazanjian; so voted, UNANIMOUS to ISSUE three (3) year extensions for the above noted Orders of Conditions.   

D.  Bond Reduction – MCC File # 05-022 – Phase II, Emerald Pines – R & D Development  Ms. Lamoureux read comments from the Conservation Officer’s report and memo dated October 16, 2008 in which Mr. Gagnon notes that according to his records Pine Tree Lane is bonded to station 8+00.  However, the as-built plan submitted depicts utilities constructed as far as station 24+00.  He asks that the status of the required bonding be clarified.   Mr. Giarrusso noted that it appears work has been done beyond that bonded in Phase I.  It needs to be clarified and if work has gone beyond that bonded, then more bonding needs to be done.  He suggests this be tabled to allow him time to sit down with Engineering and Lawrence Kady to determine where it stands.   Mr. Kady noted that he is not sure how all this happened, but he has three bonds now, two Conservation bonds and one got Planning bond.  He would like to merge the Conservation bonds to have one amount.  They charge $1,000 for each bond.   Mr. Giarrusso noted that it is two separate permits and he would have to talk to the City Solicitor.  He does not feel it can be done.  It is not per project, it is per permit.   Mrs. Dewan noted that they have done it on another project where they listed each MCC File and bond amounts in one letter of credit.  Mr. Kady asked if the Commission could make a motion tonight to set the bond in whatever amount the Engineering Department comes up with if there is additional bond money required after the review.   The Commission agreed in the form of a motion by Mr. Wilkens; seconded by Mr. Parsons; so voted, UNANIMOUS to SET any additional Bond in the amount recommended by the City Engineering Department, combining the bonds in one letter of credit with the approval of the City Solicitor.    Mr. Kady updated the Commission on the status of the project noting that he will be coming to them with some Insignificant Changes for some of the lots as they are going to build smaller houses. DEP has been monitoring the site.   

E.  Order of Resource Area Delineation – DEP File #219-1064 – I-93 Rotary Route 110/113 –       Massachusetts Highway Department                       A motion was made by Mr. Parsons; seconded by Mr. Kazanjian; so voted, UNANIMOUS to CONFIRM the wetland lines A through G as shown on the submitted plans with the addition of an additional flag between flag A-27 and A28 approximately 20’ to the south. 

F.  Amended Orders of Conditions – DEP File #219-1035– MCC File# 07-011 – 4 Gleason     Street – Methuen Assisted Living LP  A motion was made by Mrs. Boulay; seconded by Mr. Kazanjian; so voted, UNANIMOUS to ISSUE Amended Orders of Conditions for the above noted project with the following: Findings: The request for Amendment to Notice of Intent submitted by Methuen Assisted Living LP with plans by Merrimack Engineering Services, Inc. for the construction of decks along the west side of the proposed building was not a feature that was proposed on the approved Order.  The proposed change will result in the proposed deck supports being within the 100 Year Floodplain associated with the Spicket River.  It should be clearly noted that the existing erosion control consisting of double-staked hay bales and silt fencing are being maintained and will not need adjusting from the approved location. Plan(s) Entitled:   

Partia    l Plan, Sheet SK-C2, dated September 3, 2008, signed and stamped by Robert

“Deck    /Ramp Drawings, Sheet A-22, dated February 27, 2008, revised August 21, 2008,

  Henry Schadler Associates, P.C.

 Special Condition(s):  A.  This Amendment shall not supersede the existing special conditions or approved plans cited in the Order.  The above referenced plans for the proposed deck and associated grading shall be added to those in the original Order of Conditions issued on 6/27/2007 for that portion of the project known as 4 Gleason Street. All other plans, conditions and limit of work shall remain the same.  

G.  Amended Orders of Conditions – DEP File # 219-978 – MCC File # 05-027 –       160 Hampstead Street – Kevin Dube   A motion was made by Mr. Wilkens; seconded by Mrs. Boulay; so voted, UNANIMOUS to ISSUE Amended Orders of Conditions for the above noted project with the following: Findings: The request for Amendment to Notice of Intent submitted by Kevin Dube with plans by Stowers Associates, Inc. is for the revision of the design of the proposed retaining wall, culvert, and stone driveway.  The proposed change in design and material will result in a smaller length of wall and a slighter grade associated with the driveway crossing of the intermittent stream.  It should be clearly noted that the work is already complete and stable.  Therefore erosion control will not be required. Plan(s) Entitled:  “Plan of Land”, dated September 4, 2008 and “Notice of Intent Plan”, dated August 29, 2005, amended October 20, 2005, signed and stamped by Hugh Franklin Dunkley, PLS # 24053  Special Condition(s): A.  This Amendment shall not supersede the existing special conditions or approved plans cited in the Order.  The above referenced plans for the proposed redesign of the retaining wall, culvert and stone driveway shall be added to those in the original Order of Conditions issued on 10/11/2005. All other plans, conditions, limit of work and restoration shall remain the same.  

VII.  OTHER BUSINESS:    1.  Emergency Certification # 08-012 – various locations – City of Methuen (ratify) The Chairperson read the request for Emergency Certificate dated October 14, 2008 from the City Engineering Division for Canobieola Road, Hampshire Road, Kimball Circle and Riverview Boulevard.   A motion was made by Mr. Wilkens; seconded by Mr. Parsons; so voted, UNANIMOUS to ISSUE the Emergency Certificate, rather than ratify as listed on the agenda as the Conservation Officer had not issued it previously.   VI.  INSPECTOR’S REPORT:  In addition to his written report, Mr. Giarrusso noted the                                                         following: 

1) He informed the Commission that the Loosigian property at 18 Lowell Boulevard is being      sold under Chapter 61A.  He feels the prospective buyer should be made aware of the      Resource Areas on the site and permitting requirements.           The Commission instructed Mr. Giarrusso to send a letter noting the above.    

2) The Dracut sewer project is getting underway and they have requested to install only silt       fence in certain areas instead of hay bales and silt fence.  As they are working in the roadway       and it’s a lateral job; he does not foresee a problem with it.  The Commission agreed that he       can handle it administratively.   

3) He has spoken with Bob Boone of Mass Highway regarding issues with the Rt. 28/213      project.  He feels that Enforcement orders should be issued.        A motion was made by Mr. Parsons; seconded by Mr. Wilkens; so voted, UNANIMOUS to      have Mr. Giarrusso issue the Enforcement Order under the State.        He noted that they are in violation on the Rt. 28/Spicket River bridge project and he will also      issue an Enforcement Order for that project.  

4) He noted that when he checked the erosion control for Lot 7, Whisper Meadow, he found it      was not installed properly in the right location and they were building the second story of a      dwelling without a building permit. He fined him $400 and issued a Notice of Violation.  The      site is now in compliance with Conservation.   

5) Paul Dickey of DC development came into the office for Lot 5, Whisper Meadow with a change     to the approved plan.  The house is larger, but outside the Commission’s jurisdiction. He feels the     change can be handled at the time of Certificate of Compliance. The Commission agreed.      

6) He has administratively allowed a property owner on Kimball Circle to fill in his inground      pool that failed as a result of increased ground water from flooding caused by beaver activity      in Salem, NH.  He put some of the loam where it does not belong and he is requiring him to      remove it.     

VIII.  ADJOURN:  A motion was made by Mr. Parsons; seconded by Mr. Kazanjian; so voted,                                         

UNANIMOUS to ADJOURN the meeting at 8:10 p.m. Respectfully submitted by:              

Reviewed by:                         

Approved on: 11/06/2008 

Dianne A. Dewan                             

Christopher Parsons,