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ConCom minutes excerpt — unpermitted wall & patio behind #16 (Sept 24, 2024)

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Date2024-09-24
CategoryStormwater & Regulatory
StatusPublic record — recorded or publicly filed
Verify at sourceCity of Beverly Agenda Center — official 9/24/2024 Conservation Commission minutes (PDF)
Pages1
Size38 KB
NotesExcerpt of agenda item 7(b)(i), pp. 9–10 of the official 9/24/2024 minutes (beverlyma.gov Agenda Center _09242024-1956): the Conservation Agent’s discovery of an unpermitted stone retaining wall and patio in the buffer zone, the owners’ account, and the cease-and-desist. Resident names redacted in this excerpt; the City’s unredacted minutes are linked in the document.
Extracted text (searchable)
City of Beverly Conservation Commission — Meeting Minutes (excerpt)
Regular meeting of September 24, 2024 · excerpt of agenda item 7(b)(i), pages 9–10 of 12 · official minutes: beverlyma.gov Agenda
Center, document _09242024-1956

This document reproduces only the agenda item concerning Pond View Lane. Resident names are replaced with bracketed
placeholders per this library's privacy convention; the unredacted official minutes are published by the City at the source above.
The text is otherwise verbatim.

b) Potential Violations
i) New: 16 Pond View Lane – [name redacted]
Spidaliere was informed by the previous Conservation Agent (Jenna Pirotta) that she observed an unpermitted stone retaining
wall that appears to have been installed on the bank of an intermittent stream and a patio that appears to be built within the
buffer zone to the bank. Pirotta made these observations on August 13, 2024 from a walking trail that runs behind the
property. Spidaliere did not find records permitting this work, so White went out on August 15, 2024 and took photographs
which showed the retaining wall and patio. In White’s estimation, this work was not completed recently so it is unclear how
long these have been in place. A violation letter was sent out on August 28, 2024.
Property owners [Owner 1] and [Owner 2] are present. [Owner 2] explains that she discovered Japanese knotweed, boulders,
rocks, and debris on the other side of the fence on their property line, which they think may have been dumped there by
contractors 7 or 8 years ago. [Owner 1] states that she and her family members have been removing the knotweed and other
items, and that her father built the wall using the boulders they found, because he was concerned that the debris would disrupt
the intermittent stream. [Owner 1] confirms that they stopped this work after receiving the violation letter.
[Owner 1] explains that the patio is another area where knotweed was removed from the property. [Owner 1] clarifies that the
space was intended to be a zen garden. Bertoni explains that if the property owners want to keep the patio/zen garden or
retaining wall, they will need to obtain permits from the Commission. In the meantime, the applicants are directed to cease
and desist.
White confirms that he has seen the property and the land appears fairly stable. The Commissioners decide to conduct a site
visit on September 28, 2024 at 8:00am.
Buchsbaum: Motion to continue the potential violation at 16 Pond View Lane to the October 15, 2024 meeting. Squibb
seconds. Motion carries (5-0).

[Excerpt prepared 2026-07-17 from the official minutes PDF published by the City of Beverly Agenda Center
(https://www.beverlyma.gov/AgendaCenter/ViewFile/Minutes/_09242024-1956). Only the agenda item concerning Pond View Lane is reproduced.
“[Owner 1]” and “[Owner 2]” stand for the two named owners of 16 Pond View Lane, in the order the minutes introduce them. Transcription is
otherwise verbatim.]

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