Danvers conservation panel issues order of conditions for 5 Spring Street after applicant agrees to move deck and clean wetlands

The Town of Danvers Conservation Commission on May 2025 voted to close a public hearing and issue an order of conditions for work at 5 Spring Street (DEP File 14-1434) after the applicant agreed to relocate a proposed deck and stairs and to address trash and storage near wetlands.

The commission said the changes — moving the deck and stairs outside the 35- and 50-foot buffer zones and relocating a shed outside those buffers — reduce the proposed project’s impact on adjacent wetland resource areas. Commissioners also required removal of trash from the wetland, daily removal of excavation spoils, restrictions on stockpiling within the 35- and 50-foot buffer zones, and a prohibition on fertilizer use on the garden adjacent to the wetland. The applicant must record the garden’s existing size on a follow-up plan; the homeowner estimated the garden at about 20 by 20 feet.

The commission’s decision follows a presentation by Paul Finocchio of PGF & Associates, who described a site visit and the applicant’s decision to move a planned deck and to add stairs from an existing roof-level deck so that the work now sits outside the 50-foot “no disturb” area. The homeowner, Valentine Nana, confirmed the garden’s approximate dimensions and agreed to file an amended plan showing the garden footprint.

Commissioners asked staff and the applicant for details on erosion control and construction staging. The applicant told the commission that a silt sock and black silt fence would be installed along the work area and that there would be no excavation fill left on site overnight. The commission noted that stockpiled materials or construction debris should not be stored in the 35- or 50-foot buffers and requested that daily site cleanup be required in the order of conditions.

The motion to issue the order of conditions listed the agreed items: relocation of deck and stairs outside the 35- and 50-foot buffers, removal or relocation of the shed to outside those buffers, no fertilizer or herbicide use in the garden adjacent to the wetland, no stockpiling within the 35/50 buffers (with some material removal required daily), removal of trash from the wetlands, and a requirement that the garden remain no larger than its current size as shown on a to-be-filed plan. The commission recorded the order of conditions as valid for three years, with the usual option to request a one-year extension if work is not complete.

The commission did not record a roll-call vote during the audio; the motion passed with the members present indicating approval (“Aye”).

Procedural notes: the hearing opened after roll call and public comment; required erosion controls and construction staging were discussed on the record and included in the order. The commission clarified it lacks jurisdiction over matters outside the Wetlands Protection Act and the Town of Danvers Wetlands Protection Bylaw, such as traffic or noise.