Thanks, Ron. All right. All right. All right. Good evening. Welcome to the Danvers Conservation Commission meeting for May the 8th, 2025. We as a commission operate under the Massachusetts General Law, Chapter 131,
Section 40, the Wetlands Protection Act, and Chapter 26 of the Town of Danver's general bylaws, the Wetlands Protection bylaw. After each applicant presents his or her request and the board has had time to ask questions and discuss the project, we will accept questions from
the audience. Because this is a public meeting, it is required by law that you give your name and your address before you speak. Although we may disagree when issues raised, all persons present during this meeting are expected to be civil to all other meeting attendees.
This includes members of the commission, staff, abutters, concerned citizens, property owners, and project applicants. We also request that you confine your questions to the project and only as it pertains to the wetlands acts. We cannot handle nor do we have jurisdiction over
matters such as noise or traffic. All problems not related to the Wetlands Protection Act in the town of Danvers wetlands protection bylaw must be taken up with the other appropriate boards. Our first order of business would be a roll call. Peter Wilson is present.
Lorraine Drac present. Mary hate present. And Michael Splain. Yeah. Okay. So, we have everyone that we need. We have a quorum. Uh, first order of business is a notice of intent for 5 Spring Street, D file number
14-1434. The applicant is Wathan Angry. Uh, good evening. My name is uh Paul Fino with PJF and Associates for Highland A, Wakefield, Mass. Um, we did have our site visit last week. Uh, we went over the property walking along the wetlands line and also went over to the
uh site where the addition is going. Um after some conversation regards to the proposed deck that was being installed on this side of the house, um the contractor and the homeowner decided that they would remove that deck under their proposed um work and put it over
on this side of the house, which would be behind the garage on the first floor level. We'll put a set of stairs in coming off the roof deck onto the ground. So that pulls it outside of the 50 foot do not disturb area. Good. And also on the site there was the um
location of a shed that was somewhere back in here. I did talk to the contractor who was friends with the homeowner and they said they relocate that shed outside the 50ft buffer zone so that you can put that as part of your order conditions if you want to though. Verify
that they'll move that. I'm pleased. Is that all? Uh, that's it. I just drove by um and behind the shed there was a garden area or or something. Yeah, I guess they've been using it as a garden plantings for some time. And
there's all white flags and stuff in there. Well, that's cuz I think they've put it all like since we went out there. I think they put up the uh the beam poles and so forth uh for bean sprouts. Okay. Yeah. Yeah. Uh okay. Um that's good. Um there was
one other question there. One concern that I had was that in the wetlands area there was a lot of trash and uh I mean I would think personally that that trash needs to be picked up and just
show you know that those sacred those wetlands are you know we want them pristine. I did talk to the contractor and he spoke to the homeowner and again there was that wash machine that was out in front that was being taken away if it hasn't already by the trash company. No, but there was like an election sign in
there and you overall trash tell them when they're out there getting the site set up that they will remove anything that's in the wetlands area along that buffer. Okay, that being said, um you said you moved the deck. Could you give us a little more detail on that? Maybe zoom.
Sorry, just give me one sec. Originally we had deck coming over in this area right deck and stairs would be inside that uh 50ft buffer area. So now what they're doing is on this portion here
above the addition there's a there's a deck. So we'll be putting a set of stairs now coming off that. Oh nice. Very nice. Okay you can see it here if you want. I have this is the before and this is the after. See you there.
Okay. Uh, that's all the questions that I have. Uh, Mike, do you have any questions? I just want to say I'm very pleased that the applicant responded to our concerns and that you're removing the deck. You're going to clean up the uh conservation area near uh adjacent to
the property and uh that you move the stairs uh and the deck outside the 3550. I think you did everything you were supposed to and I were very happy with it. I am at least. Thank you. Is that a question? No question.
That's just a statement. No question. I have a question for Emily. So, when they do the construction where there's not a lot of space close to the wetland to move this, where are they going to put things for the applicant? All right. So,
um means have you seen the where the um the different lines are for the wetlands? I know myself, um, I've seen construction and had it done around where I lived and where you put things. So, if they're building stuff and
they'll put the wood someplace or they'll have tools or they'll have batteries. Um, is there any way within the order of conditions we could put something in that supplies, materials, containers, trash, all of that stuff
from the construction is put outside of the um 100 foot zone. Do you know what I'm saying? Because when I look at the um the property and I think when I've seen houses do construction, there's a lot of stuff that's around the building,
a lot of packaging, things like that. I'm not sure if we can get outside the 100 foot. We can definitely be outside the 50 foot. Most likely there'll be stockpile material over in here because there's going to be addition workers coming here. I don't know if we determine whether
that stuff could be put in that zone or not. I mean, it may be okay. I we can put in the condition of no stockpiling out um within the 50 or sometimes we'll do stockpile materials have to be removed um or excavated materials have to be removed the same day. It's up to whatever the applicant is agreeable to
and what would work with um yeah, I'm sure what they're going to be doing is they'll be having all their lumber and material stored here, right? There won't be any of the excavation material be taken out on our site because there's not going to be any filling because it could be maintain the graves that are out there now. Yeah. And you're building the trench, right? Yes. On the left.
So that's that's a change from the original plan. No, we had that Well, this is a change of the original plan. We first didn't have the drainage, then it was a coming from engineering regards to storm water. So we designed system to handle the uh but I thought there was something at the street level for Well,
we have a trench train here. No, the uh what do they call those? The the chambers where the the infiltration chambers. Yeah, that's right. But originally those were right on the street. Uh no, we never had them. As I recall at the last meeting there
were there was there and there there's an opening in the fence there and I'm pretty sure they were located on the street. and six one half doesn't the other it doesn't matter just saying that now I'm recalling noticing that grade wise it works for us
to run it from front to back yeah it does I remember asking the question that was uphill from where the original I don't recall but that's because under the original plan I submitted we didn't have drainage on there
that's Right. Okay. Um and they are going to stay with the infiltration chambers. They're not going to come back and say, "No, we want to do uh a detention pond." No, we're not doing a pond.
No. Be the chambers. So, be underground. Okay. And is there anything else within the the 35 or the 50s besides that shed? I don't believe so. Uh well, we have the bush of the house that's in there, but that's there. That's in there. And that
the driveway is still existing. That would be Now, is that driveway going to be removed? Cuz that driveway is still there because it's a garage on this side and the garage on this side. But they're pave in the driveway, right? Yes. Yeah. Right now it's gravel. Mhm.
And uh question for Emily. Yep. What is the u the implications of that garden being out in that's in within the 35, isn't it? I believe so. I believe it's up back in the rear area, right?
Um that I'm not totally sure. It's a question of how long how long has it been there? When was it built? Um when were any of those trees taken down back there? Um, I honestly don't know what we'll be able to do at this point since it's already it's already there. It's
already existing in the wetlands area. Um, we could put a condition that no further expansion into the wetlands beyond what they've already built if you wanted to do that. Yes. And there is a restriction for
fertilizer use as part of the order of conditions. So that garden being within the 35 buffers, I mean, we don't want you guys fertilizing the garden because that fertilizer whatever excess it just goes into the wetlands and that's that's
a well is there a nice is there any fertilizer that's allowed like I mean natural like manure things like I would have to research that but we do have a condition that we can put in there of like no herbicides or anything like that. Um, it's just a straight no fertilizer of any kind or I would have
to read the exact language on it, but it's we've used it in other areas that um where we don't want any chemicals out in the wild. So, okay, those are my concerns. Uh, we don't have Mr. Brad Street here tonight, so yeah. Is there any public comment or
questions? Hearing none, I had one quick question. Um what are you using as the boundary for when the construction's being done and then um keeping all of that stuff out of the
wetland? Like what material are you using for that barrier? The silt sock and the um silt fence which is going to be running along. So what exactly is that? Is it like rolled up? It's rolled up basically. Yep, you got it. And then there's the the black silk fence that
goes along with it behind it. How tall is the silk fence? Uh, a little over two feet. Two feet. Okay, thank you. Um, does anyone have any other questions or concerns? Uh, okay. If someone makes
wants to make a motion, we can proceed. So, you have to make a motion to close the public hearing. Yes, we do. I'd like to make a motion to close the public hearing for five spring street D number 14-1434. Second. All in favor? I.
All right. So now we need to make a motion to if we want to order a conditions with any particular conditions that we would like. So, um, do we want to talk about the conditions before we make it
or do we say them as we make the order conditions? No, we just make the motion to issue an order of conditions to the following conditions. Okay. Do we know what those are? And I for right now, I have three that I just noted of. Material removal. Yeah. I'll make a motion that we uh issue an order
of conditions. those three conditions. Uh D file number 14- what? What is it? One 14345 Spring Street. Uh with the con addition that the applicant is uh according to their
latest plan relocating the deck and the stairs outside the 35 and the 50. that the uh applicant uh will not use uh fertilizer on the garden area adjacent to the uh adjacent to the uh wetlands.
That uh the uh shed uh will be removed outside the 35 and 50 foot. That any stock piling will not be within uh the 50 or 35 foot uh and remove trash. And the trash will be
removed from the wetlands. Uh and the uh what's this material removal? What are you talking about? Just any excavation spoils that we're going to remove. Oh yeah. Yeah. Any and uh daily,
you mean? Mhm. Yeah. So any uh any materials that uh trash or something will be removed daily? Okay. All right. You all right with all that? Yes. And just to limit to limit the size of the garden to what is currently there. Yeah.
What is the size of the garden currently? I don't know. Is it shown on the plan? No, it's not not shown on the plan. Um, and did we want to say about the chemicals? The what chemicals? No, just for the
garden. And then um Yeah. No, we already said that. And that's part of the order of conditions anyway. Not to store any of the building materials in the 35. Yeah, we said that. Yeah. Okay. Yeah, we covered that. And uh is the applicant here? Yeah. What's
the approximate size of the garden, sir? If you just go up to the mic and tell me. Hello. Hello. How are you, sir? What's your name, sir? Valentine Nana. Uh and your address? Five Spring
Street. Yeah. Denver. Uh that garden should be something uh like um 20 by 20 I believe. 20 by 20 about. Yeah. If I could I could go back up
there add it on to the plan and see and you'll file. Yeah. All right. That'd be good. So uh thanks. that the garden uh the garden that's being allowed will be no larger than it exists now and as will be shown on a subsequent plan to be filed by the applicant.
Yes. Yes, it does. Okay. Okay. Yes, sir. All right. That's the motion. All right. Thank you. Okay. Just be uh so there's no waivers required on this. No waivers now. Okay. Uh okay. The motion's been made. Is there a second?
I'll second it. All in favor? I I I Okay. So, just uh just know that the order conditions is uh valid for three years. After three years, if you're not done, you can come back and ask for a request request the extension for one
year. But we really try to emphasize with people when we issue an order of conditions that we want to have it closed out and you back here for a certificate of compliance within that time frame. You can explain that to him, right? that once the job's done, you come in and get it get it signed off,
right? Okay. You're welcome. Good luck. Uh, next is a request for a certificate of compliance for 33 Cabbat Road, D file number 14-1260.
So long. Thank you. The applicant is applicants are James and Diane Ralph. Uh, so Emily, just uh if just to make sure we're all on the same page, this was an order of conditions that was
issued 2015. 2015. Yep. And no work has been done. Correct. So they just want to close this out and and go to for a new order of conditions. Exactly. All right. So that's a just a
no-brainer just to close it out. So someone can make a motion. We do that. I'll make a motion to issue a certificate of compliance for 33 Cat Road, DP number 14-1260. I second the motion. All in favor? I I.
Okay. Next up, uh, as a notice of intent for the same property, 33 Cabbat Road, D file number 14-1435. The applicants are James and Diane Ralph. Uh, and if you you're representing yourself, sir. uh just give
us an overview of what your plans are. Of course, please. Yep. Uh Thorson Acrely, professional wetland scientist with uh Williams, representing Diane and James Ralph. Diane's here tonight. Um so this is an existing single family house lot. Um ranch style dwelling constructed
in the late 1950s. Um you can see in the northern portion of the property, we have a few resource areas. Um number one being an un unnamed perennial stream. This is one of those. Um I know there's a few in Danverse. One of the streams that were mechanically dug. Um and most of the
area around them is is heavily developed. You've got lawn going up to most of the most of the edge of the river in that these neighborhoods. Um you do have a fringe of woods I would say along uh most of them beyond the fence line here and most of the other dwellings in the
neighborhood. Uh we don't have bordering vegetated wetlands associated with this stream. We do have a bank obviously associated with the the river um and perennial stream that's shown in the dashed green line there and the area slopes up slightly and then you come
into the backyard where it's very flat. Um you come to the uh house house centered in the middle of the lot facing Cabbat Road and Bowden Street to the to the south. Um, in the backyard you have an existing vinyl fence which separates
the yard from um, you know, the wetland areas and the and the Where is that on the drawing? Final fence is right here. So, this is the back of the house. Okay. Um, and within that there's an
existing paved um paved drive that borders the shed there um that that comes out and connects to um to Bowden Street. that's shown in these two areas here and here. Those are both
existing. Um, and the reason we're here tonight, um, well, back in 2015, Diane and her family planned to have her father, uh, move in with them, um, as part of an attached, not an ADU at the time, but an accessory, um, family unit
for for her father. Um, never got built. And then we're back back this time with a slightly different plan. Um but similar similar idea about 750 square ft of um living space inside the um addition here. This is being proposed as
an extended family living area, not an ADU as we um Emily and I were discussing earlier today um with Brian. Um so this is an attached portion to the existing dwelling. Um there's a common connection there. As you can see the the back of the house connects into that area. So,
um it'll have some kind of shared space there and then a onecar garage on the area of the um addition that sticks out towards Bowden Street and u a new section of pave uh pavement there. It's in that gray shaded uh portion on the
drawing and that's p a driveway. That's the that's the proposed section right there. Um where's the driveway now? So, there's an existing one right here. Um, and this one I don't believe is used much for parking or anything,
but play, you know, this is a basketball court kind of back here. It's an old older pavement thing that the kids play sports and whatnot on, but it's not actively used for for uh parking. Um, and none of that will be altered. Well, I was Yeah, I was going
to get to that. So, they they are proposing to remove this section right here. So, that's What is that? It's that is that pavement? It's pavement. Yeah, it's pavement. So, a significant um I don't want to call it a gift, but you know, something something
nice that they're willing to do. Um you know, it's not it's not really needed and they're willing to remove it. What was it for? That paved area? What was what? Sorry. What was that pavement for? It was It's been there quite a while. I I don't know exactly. Well, maybe an old
walkway or something. They probably they probably wanted additional parking or something. Oh, I I don't know, but it was before before they owned the house. Um, so it's hard to say. It's It doesn't look new at all. Um,
so there's no vehicle access required to get back to that whatever the building is up in the back. No, it's it's just a shed, an older shed that was also there prior to um Diane and her husband owning the property. Um, they would like to keep just that area in the back. That's where the kids, you know, play like
basketball. they have a basketball hoop. Um, you know, and again, it's not something we're trying to permit after the fact. It's been there for for quite a while. Um, don't know the exact date, but prior to 2007 when they when they moved in. Um, you
know, 2006, sorry. U, but all the work is I don't know if you're familiar with this area, but everything is proposed to occur with an existing lawn. There's no trees. Um it's also extremely flat. So we don't anticipate you know much earth work other than the um excavation
associated with the um ephla um you know and when it's flat you have a smaller risk of erosion as well during construction. Um, but we do have an erosion control uh shown along the rear uh fence line there, even though it's a it's a stockade fence that sits on the
ground, but something there at least to, you know, limit anything during a heavy rainstorm during construction. Um, I should note that um we are supposed to file a stormwater management permit. We have shown um
storm water management for the proposed driveway, that new section. Um but even even when you subtract the pavement to be removed um versus the pavement added there is still an increase in imperous surface on the property about 580 ft or so. Yeah, something close to that.
Increasing per impervious. Yeah, technically yeah about 600 square f feet or so. Um so they are subject to a stormwater management permit. So we do expect to have to do something for the rooftop um of the um the new new addition there. Um
but that but you haven't proposed anything yet. No, we haven't. So we've we've only done on something for the driveway. This was um something that came in. We wanted to at least file in time for this meeting, but we recognize that you know we couldn't get that that that piece of it done in time. U but it
would certainly occur outside the 50. Um and of course all work is outside the 50 as well on this. Um, so the the blue dash line that's the 100 foot from the riverbank is correct. Yep.
Yep. So you're within that. So all these projects are within the 200 along that street, right? Correct. But does it with the amount of square footage does that have any Yes. implications? It does on, you know, the limits that we allow within certain areas. I believe that
that was that was within the allowed limits. That'll be part of a calculation. Yeah. And you know what else? Um, is this coming in under the uh zoning that that allows a accessory dwelling units or something else? So, it's that's
what myself, Thor, and Brian have been talking about over the past few days. Um, this is going in as an EFLA, so it would fall under the EFLA zoning bylaws for the town. Um, so depending Thor and Diane may need to apply for a special permit through ZVA, but that's why I
think they should go somewhere else and get get their relief first and then come back here when they get their relief. Well, I don't I don't think we need any relief. Um, it was designed to we had some back and forth today. So, they were trying to keep it at the allowable
limit, 750 square feet of living area. So, that's what we were told the architect it was. that's exactly how it's sized, right? Um, so we don't expect the footprint to change unless for some reason when he check double checks his calculations that it's off.
Um, but that was the intent that it would comply with the the town's EFLA requirements um, sizing limits. But are you saying you don't have to go before any other boards? No. I mean, unless for some reason they want to try to increase
it to 750. we've shown here um we're under our understanding is that it has 750 ft or under living area so we shouldn't need to file with the ZBA um if that makes sense. What about planning? Nope. Nothing. And what about you got to get a building permit but
storm water management right? Yeah. So technically we still still do have to file with um the engineering department Stephen King and and take care of that. Um so we expect probably increasing the size of an infiltration trench along the side of the um addition um or doing something for the
roof like you saw on the last project, a subsurface uh recharge chamber, something like that. Let me just So you you don't have to go before the ZBA, but you think you might you might if something changes.
Correct. But I think for now we're we're planning that this is this should be good. If something changes, you know, we'll talk to Emily and and Brian and um but as it's been designed, it we're told by the architect it has the correct amount of of living area. Correct. Yeah. The email that I have from Brian here
says that um you just need the special permit unless the common area is modified, but that's just the interior. That wouldn't affect the footprint. That wouldn't affect the concom approval. That's just working on some of the interior layout. But the footprint as
proposed wouldn't be changing the CBA. And we're saying this is at Effla. Mhm. Okay. Yep. And they did based on the criteria Brian measured it all out. It's it does fit within that 750 ft that is allowed. It's just navigating that common space,
but that would fall outside of Hong Kong's purview. So if may I if we were to issue for Emily if we were to issue an order of conditions and then it turns out that their architect tells them oh we've got some changes that's going to trigger
ZBA. Are they going to have to come back here? They wouldn't have to come back to us unless the plan the footprint were to get bigger or to go further into the jurisdictional resource areas. if it were to get smaller um then they you wouldn't necessarily need to come back
for modification because it's less less impacts um yeah if it gets bigger or goes further into the jurisdictional resource areas then you would need to come back for modification but that would be right so that'd be a change so they would have to come back here but if
the interior layout changes that's all right but it's still storm water plan pending yes yeah yep and still that's the condition we criteria would have M. Uh, okay. You all set, Mike? Yeah. Uh, Lorraine, any questions? No. Any
questions? I'm good. Very. Uh, is there any public comment? No. No one online. Uh, okay. I mean, it seems pretty straightforward to me. They seem to be within their zoning limits and,
um, they are they work within the zone is within our limits. So, that's good. So, uh, so I I personally would say let's or issue an order of conditions, but it's up to the rest of the board to to one more question. So, we're not
concerned with uh the storm water uh what they issue because again, that won't affect what we're going to what order conditions. It'll be conditions that they have to follow mass DP stormwater standards and the engineering um and the local storm water standards.
You don't anticipate there's anything in the storm water that would change what we're doing? No. No, don't think so. All right. Well, all right. Because engineering has reviewed everything and D has reviewed
everything, too. I'd certain I'd certainly agree if it was a larger project, you know, you wouldn't want to you wouldn't want to grant an approval without uh without that like firmly in place. But I think for something like this, it's you know, I I we wanted to get it done. It was just a timing issue for us and yeah, you
know, you miss one meeting and then it's, you know, you're back a month and and just to clarify, if the storm water wasn't approved by the engineering department, everything stops anyways, right? So, it's not like that. Yeah. Yeah. If the storm if the conditions from um the engineering department for storm water weren't agreed to by the
applicant, then we wouldn't move forward with issuing those. Okay. Okay. If someone wants to make a motion, then we Is this a public hearing? Yeah. Yeah. Motion to close the public hearing. I second the motion. All in favor? I I uh
make a motion issue an order of conditions uh on the notice of intent uh by uh James and Diane Rail. Am I saying that right? Yeah. uh for 33 Cat Road uh to approve
uh uh the application as shown on the plan for I'll call it an accessory dwelling unit or an EFLA uh on the representation by the applicant and the representative for the applicant that uh
they don't require any further relief from any other boards uh that subject to the applicant uh obtaining uh permission for storm water, appropriate storm water management. And should the uh as the applicant has
related, should the plans uh as uh as drawn by the architect suggest that they need to increase or otherwise change the footprint as shown on the plan, uh then they would come back
before us uh to address that. Correct? Well said. All right. Motion's been made. Is there a second? I'll second it. All in favor? I I Okay, good luck. Thank you. Just like I said for the previous order conditions, you
have three years to complete the work and come back. Uh if your three years expires and you're not done, you come back to us and ask for a one-year extension. That's the limit of it. And we just really encourage you to have it done and back here and get that stick for the compliance within the three
years. Yeah. Hopefully. I should ask this, but we're done. But Emily, is there any uh regulation about how many driveways you can have or off driveways off different streets? I can ask DPW. I was just curious. Do you know because
I You've got one off one street and one off another street. Getting removed. Oh, yeah. I don't know the answer. Yeah. Yeah. The other project had two driveways, too. Yeah. Yeah. Ste Steve will probably know. Yeah. But two different streets. Yeah. And I'm just curious. We'll find out.
It's all a frontage issue. Yes. No. Just because Yeah. If anyone knows Stephen King. Yeah. Steve King will know. He would have said something. Thank you. Byebye. Mark, you've been to Steve King, right? Have I met him or? No. Yeah. On this matter. You haven't been before.
He's reviewed. He reviewed it as part of Oh, he did. Oh, I'm happy then. Commented on it and said we need to do this. See you. All right. Good luck. Good. Thank you. Thank you. All right. So, moving on to old and new business. uh minutes from the April 24th meeting.
I we all recall that meeting so clearly. Um so if anyone's uh has an issue, now is the time to raise it. Otherwise, we'll take a motion to accept those minutes. I'll make a motion to accept the minutes from April 24th, 2025 meeting. I second the motion. All in
favor? I Okay. Um before we adjourn, is there any updates on the new member members? Um I have been in contact with someone. I'm hoping that um she comes into the office within the next week and meets with me and Brian and uh hoping. Okay, good.
Does it look good? I think so. I think so. Cautiously optimistic. Mike and I were uh trying to recruit uh David Mills. Yeah, we're trying to get David Mills now that he's not running for select. So, we're just saying board with all these people looking to to be
elected to the select board. You know, if someone wants to volunteer. Yeah, it'd be fantastic. It'd be great. Just it gives people a good feeling for how things run at the Yeah, at the time. The level one below the the select board. All right. Um Okay. Anything else? No.
Good job everybody. Um the next meeting at the May 22nd, Lorine, you're not available. So, just wanted to double check. Memorial Day weekend. I think I'm good. I'm That's That's a lot. That's the day before Memorial Day. Yeah. Yeah. All right. So we'll only
have three. Yeah. And we do have to do so I can check two at home. Um I can take a look at the calendar. I think if there is a conflict then let Please let me know. I would know as soon as because we have two NOI RDA and I'll be here.
Will you be here? But I'll you'll be here. Yes. Oh Mary will be here. Yeah. We're all set. No. But you know what? I speaking of that I won't be here for the June. Is it the second meeting in I leaveth the
24th. I won't be here. Try not to book anything, Emily. Try not to book anything. Give us a break. That's right. I'll check on my best. My daughter's having a baby. I'm going uph for a few weeks. That trumps everything. That trumps everything.
We have a baby coming. That's a lot closer. Yeah, that'll bring my life as baby. That's nice. That would have been nice. Okay. Uh motion to adjurnn. I make a motion to adjurnn. Is there a second? Second. Second. All in favor. Okay. Great. Thank you everybody. See
everyone.