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ConCom minutes excerpt — Enforcement Order issued (Nov 26, 2024)

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Date2024-11-26
CategoryStormwater & Regulatory
StatusPublic record — recorded or publicly filed
Verify at sourceCity of Beverly Agenda Center — official 11/26/2024 Conservation Commission minutes (PDF)
Pages1
Size39 KB
NotesExcerpt of agenda item (b)(i), pp. 6–7 of the official 11/26/2024 minutes (beverlyma.gov Agenda Center _11262024-2054): the Commission issues an Enforcement Order requiring winter stabilization and an after-the-fact RDA for the wall/patio work. Resident names redacted; two year-typos in the original motion text are flagged [sic].
Extracted text (searchable)
City of Beverly Conservation Commission — Meeting Minutes (excerpt)
Regular meeting of November 26, 2024 · excerpt of agenda item (b)(i), pages 6–7 of 10 · official minutes: beverlyma.gov Agenda
Center, document _11262024-2054

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, including original typographical errors.

b) Potential Violations
i. Cont.: 16 Pond View Lane – [names redacted]
Michael DeRosa of DeRosa Environmental is present on behalf of the property owners. This potential violation entails an
unpermitted stone retaining wall that was installed near the bank of an intermittent stream and a patio within the buffer zone
to the bank. The Commission visited the site on September 28, 2024. The Commission required the property owners to hire a
wetlands scientist to mock up a plan of the completed work and to flag the wetlands in anticipation of an after-the-fact RDA.
The plan was to be submitted ahead of the December 17, 2024 meeting.
DeRosa shares site plans and photographs of the property, showing the retaining wall and patio and the areas of soil where
[Owner 2]’s father has been manually removing Japanese knotweed. DeRosa explains that he proposes to seed the sloping
area and cover with a thick layer of hay mulch, and given the steepness of the slope he wants to put fabric over top of the
mulch to stabilize the area for the winter. DeRosa explains that he recommends the Commission issue a “friendly” EO so he
can complete this portion of the work so the area can be stabilized quickly.
Bertoni and Squibb state that after visiting the site, they believe the completed work was an improvement and that they think
it is best if the applicants finish construction of the wall as planned. The Commissioners decide to issue an EO for the seed
work proposed by DeRosa to be completed as soon as possible. The EO includes the requirement that the applicants file an
after-the-fact RDA to approve the work that has already been done on the wall and patio, including the completion of the wall
and improvement of the landscaping.
Duffy: Motion to issue an Enforcement Order for 16 Pond View Lane requiring that an after-the-fact RDA be filed by
April 15, 2024 [sic — 2025], to be addressed at the April 29, 2024 [sic — 2025] meeting (pending confirmation of the
Commission’s 2025 meeting schedule). Squibb seconds. Bertoni takes a roll call vote. 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/_11262024-2054). Only the agenda item concerning Pond View Lane is reproduced.
“[Owner 2]” stands for the second of the two named owners of 16 Pond View Lane, matching the September 24, 2024 excerpt. The two “[sic]” marks
flag year-typos present in the official minutes. Transcription is otherwise verbatim.]

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