11_09_2022 Cons Com Minutes - final Beverly Conservation Commission
November 9,2022 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: November 9, 2022
LOCATION:
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Amber Redmond, William Squibb, Meghan Jones
MEMBERS ABSENT:
OTHERS PRESENT: Planning Department Director Darlene Wynne,
City Conservation Agent David Spidaliere
RECORDER: Naomi Moca
1. Chair Berton calls the meeting to order at 8:00 p.m. and reads the public notice regarding
holding meetings remotely due to Covid-19.
Buchsbaum moves to recess. Redmond seconds. Bertoni takes a roll call vote. Motion passes 5-0.
2. Recess for Public Hearings
3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 25 Linden Avenue,DEP File #5-1376—reconstruct existing retaining wall and
associated landscape—Leslie Salter
Kristen Farr with Hancock Associates is present on behalf of the applicant and asks if the
Commission has any questions as a result of the site visit. Bertoni asks if the planting plan
that the Commission requested has been provided yet. Farr states she was not aware of the
Commission's request.Farr states that the plantings along the deck on the coastal bank area,
where the wall is being replaced was discussed at an earlier date. Bertoni agrees that
inkberry, Blueberry and Virginia rose plantings along the deck were proposed, and that the
planting list was a request independent of that.
Bertoni clarifies that the current NOI is supposed to pick up the work that remains undone
from a previous, expired, order. Bertoni asks for elaboration on what items still need to be
completed. Buchsbaum states the mitigation plantings weren't done. Bertoni asks about
removal of invasive species, and Farr states that Asiatic, Bittersweet European, Buckthorn
Barbary, knotweed, and a couple others were proposed to be removed. Redmond proposes
that removing invasives plus the plantings along the deck would be optimal and Farr agrees.
Berton comments that any vegetative material already in place there should be maintained
and not removed. Farr agrees that as many plantings as possible will be undisturbed, such as
a black cherry and Virginia creeper. Farr also proposes planting a seed mix to help the
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undergrowth and Buchsbaum agrees. Bertoni states that they will need monitor the growth
for two seasons to make sure there are no erosion problems.
Squibb requests more detail on the wall material, as well as how the wall will be secured and
stabilized. Bertoni agrees that those details should be provided in the conditions.
Redmond moves to continue to the next meeting. Buchsbaum seconds. Bertoni takes a roll call
vote. Motion passes 5-0.
b. Cont.: 5 Preston Place, DEP File#5-1377—review and affirm the extent of wetland
resource areas delineated—Andrew Campbell
Mary Rimmer of Rimmer Environmental Consulting is present on behalf of the applicant.
She states that there was an initial public hearing and a site visit for this ANRAD and that the
applicant is looking for the Conservation Commission to approve the delineation, shown on
the site plans that were submitted. Rimmer states that the plan includes an isolated wetland
subject to local bylaw only, since it exceeds a thousand square feet and it is not large enough
to meet the threshold for an Isolated Land Subject to Flooding under state regulations. She
also states that, as mentioned during the hearing and at the site visit, it contains vernal pool
habitat.
Squibb asks if the Commission can certify the site as a vernal pool, which would change the
buffer zone, and Rimmer answers that she would have to get their property owner's
permission to do that, and she does not think the City can do it on its own as there is not
enough material submitted with the ANRAD. She clarifies that this was for planning
purposes only and there is not any imminent project proposed at this location. The Applicant
wants to identify potential options. Buchsbsaum clarifies that from the perspective of the
local ordinance,these are vernal pools, and Rimmer agrees.
Bertoni asks if Rimmer is asking to confirm the A series flags. Rimmer answers yes, for the
purpose of indicating the edge of an isolated wetland. Rimmer clarifies that she does not
think it is necessary to confirm the high-water flagging, and it is not Isolated Land Subject to
Flooding under the state regulations because it does not meet the 1/4 acre flood storage
volume requirement annually. Bertoni asks about the depth, and Rimmer states that even
though there are pockets of the pool that are deeper than six inches, it overall does not meet
the volume requirement. Buchsbaum agrees the delineation was straightforward at the site
visit.
Redmond moves to close the hearing. Squibb seconds. Bertoni takes a roll call vote. Motion
passes 5-0.
c. New: 12 Conway Street,No DEP File # as of posting— construct a second-floor
addition and install a new deck—Angel& Kellie Rivera
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Wynne reads the legal notice. Bill Manuell of Wetlands Land Management is present on
behalf of the applicant. Manuell states there were no comments from the DEP and that it is a
relatively simple project. There is an existing home at 12 Conway and it has a side porch and
back room that was added on. The new owners want to renovate the house and do a second
story addition. Manuell evaluated the wetlands and pond that are on the golf course property.
The site is adjacent to the end of Conway Street, a wooded area, and a depression, which lead
to a historically dug channel. There is a pipe that runs from the end of the channel to the
catch basin and continues to the municipal drain system. Thus,based on the dug ditch outlet,
Manuell calls the area vegetated wetland.
There would be a 25-foot no disturb line that runs through the project site and the 50 foot no
build line runs through the middle of the house. The proposed project is to gut the interior,
remove the roof, in a controlled demolition, and dispose of the roof in a dumpster and take
off site. There is a corner of the house without proper foundation, so a footing and foundation
wall will be added underneath. Once the demolition is complete, a new second floor will be
constructed. The entire exterior will get new windows, doors, and siding, and a new deck of
16x6 feet will be added. There is an existing sidewalk that goes from the street, wraps around
the house, and ends at the existing driveway.
The project will remove 390 square feet of existing imperious surface, which is all the extra
sidewalk surface,resulting in a 16:1 mitigation effort in favor of the wavier request. The
concrete slab driveway will remain untouched.
A new pervious walkway will be added from the front door and to the driveway. There will
be a new stockade and a fence extension to the existing fence with anticipated 4-6 inches of
space underneath the bottom of the fence to allow small mammals and amphibian migration.
Buchsbaum asks if lawn seed mix will be used to replant the removed impervious surface,
and Manuell says yes. Bertoni suggests that this should be added to the conditions. Squibb
asks about bushes in the front of the house, and Manuell states that any disturbed bushes will
get replaced with foundation plantings.
Bertoni asks if the home footprint will change, and Manuell states no. Bertoni asks how the
roof runoff will be treated. Manuell states that as it runs off the roof, there is exposed
bedrock in the rear yard, and he reports that a neighbor observed the bedrock extends under
the neighbor's garage structure. So, while there is not much soil depth, the rain will be
absorbed into the grass. Bertoni asks if the impervious roof surface is being expanded, and
Manuell says no. Buchsbaum asks about the roofline, and Manuell explains that the roofline
will not change with the addition of the foundation under the existing portion with no
foundation.
Buchsbaum moves to close the hearing. Seconded by Squibb. Bertoni takes a roll call vote.
Motion passes 5-0.
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d. New: 4 Arbella Drive,DEP File#5-1378 —construct additions to existing Single-
Family Home and relocate driveway —Thomas & Elizabeth Micka
Wynne reads the legal notice. Mary Rimmer from Rimmer Environmental is present on
behalf of the property owners. Also present is Julie McDonald from Olson Lewis, the project
designer. This is a single-family house lot, which the Commission approved a pool in the
backyard for in 2018 and the property owners received a certificate of compliance in 2019
for that work. It was reflagged in August 2022; flags Al-A16 indicate the limit of BVW.
The applicant proposes constructing some additions to the existing home. At the back of the
house,next to the pool, there are existing decks proposed to be consolidated essentially into
one, larger deck. Additions are proposed off the back of the house and the front of the house,
and a proposed garage addition on the west side of the house, connected with the breezeway
which requires relocation of the existing driveway to the right of the house to be able to
access the driveway.
There is a 50 foot no build zone that extends across the site and the total area of new work in
the no build zone is a hundred and five square feet. As mitigation for that work in the no
build zone, mitigation plantings are proposed in the backyard. Rimmer proposes 2:1
mitigation within the portion of the lawn that is in the 25 foot no disturb zone. Rimmer
explains that the project is trying to accommodate a number of different design goals for the
property owner while staying within the existing developed area of the project site as much
as possible. The trees and shrubs, including a spruce, a Japanese maple, and a tulip tree,
currently in the area where the garage is proposed will be relocated elsewhere on site.
Buchsbaum asks about the feasibility of moving the five trees, and Rimmer states that they
are small enough to be moved, and perhaps the Japanese maple can remain. The other trees
include a tulip tree,Norway spruce, and white cedar.
Squibb asks for the plan for roof runoff, and Rimmer states that gravel drip strips are planned
along the foundation, as well as gutters with downspouts draining to a dry well. Bertoni
observes that dry well and gutter details are important for the Commission to have. Rimmer
agrees that that information will be added to the plan along with rain barrels,potentially.
Squibb, Buchsbaum, and Bertoni agree that a site visit is appropriate.
Spidaliere reads a comment letter by Edward and Isabel Winslow, neighbors of the property.
A site visit is scheduled for Saturday November 12, 2022 at 9 a.m.
Redmond moves to continue to the next meeting. Seconded by Squibb. Bertoni takes a roll call
vote. Motion passes 5-0.
4. Reconvene Regular Meeting
Redmond moves to reconvene the regular meeting. Seconded by Jones. Bertoni takes a roll call
vote. Motion passes 5-0.
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5. Requests for Certificates of Compliance
a. New: 25 Linden Avenue,DEP File #5-913 —demolish existing single-family house,
reconstruct single-family house within same basic footprint, add deck to rear and native
landscaping— Stephen Slocomb
Kristan Farr states that the unfinished work from this previous order, which has expired, has
all been added to the new NOI. Bertoni agrees.
Squibb moves to continue the request for the certificate of compliance at 25 Linden Street until
the November 29, 2022 meeting. Seconded by Redmond. Bertoni takes a roll call vote. Motion
passes 5-0.
b. New: 270 Hale Street,DEP File #5-1283 —construct an addition to an existing single-
family house,replace existing deck within the same footprint, replace the front stoop,
replace and extend existing driveway, and replace/relocate an existing walkway—
Timothy &Marie Tobin
Bill Manuell states that a complete certificate of compliance is being requested. Bertoni asks
if the owners are aware that they could have come before the Commission for de minimus
change, and Manuell states yes. Manuell explains that the deviations are minor, including
eliminating a planned parking space, eliminating reconstructing a walkway, and constructing
a smaller patio than was planned. The project also added a two-sided, three-foot high wooden
trash screen. With these changes, the impervious surface area was reduced from the original
plan. Redmond asks if the wooden trash screen sits on the ground, and Manuell states that it
is framed with posts in the ground.
Redmond moves to issue a complete certificate of compliance with perpetual conditions.
Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0.
c. New: 95 Sam Fonzo,DEP File #5-949—construct industrial building with associated
parking, utilities, stormwater management structures, landscaping and grading—Daniel
Simonelli c/o The Coastal Group, LLC
Daniel Simonelli of The Coastal Group is present requesting a partial certificate of
compliance. Peter Ogren of Hayes Engineering submitted a report stating that the drainage of
the site has been stable for a couple of years. Simonelli states that during the post
construction walkthrough with Jenna Pirrotta and Eric Barber, there were some plantings
between the wall and the wetlands, as well as discussion about swapping out some plants
between the retention wall and the neighboring property. The current parking lot only has a
binder coat, the curbing is in place, and the drainage is going into the catch basins.
Bertoni asks about the proposed diversion dike that was never built. Simonelli states that it
was in place but was washed out. Ogren and Simonelli discussed redesigning it or
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eliminating it, as it is a minor item. Simonelli observes even with the biggest flash floods, the
area is dry. The diversion dyke was eight inches, and in Peter Ogren's opinion is not
necessary.
The landscaping was never completed, and Simonelli states he would be interested in
direction on the plantings.
Bertoni expresses concern that the order of conditions is about 2 years old, and it is not clear
how the roof drains are connected. Bertoni references an email from Simonelli stating he
witnessed the drains being installed and the flow is great between the building and the catch
basins. Simonelli confirms that everything is working as designed and offers to do a dye test
if needed. Bertoni states that it was also noted that discharge orifices at the forebay and
detention pond differ from the design and should be corrected or certified by an engineer,
that the current operation is proper. Simonelli states that Ogren would like to install an orifice
plate to meter the flow into the pond.
Bertoni comments that the request is for a partial COC, which does not go very far when it
comes to transferring property deeds, and Marshall Handly, the attorney for the applicant,
counters that it offers some degree of definition for the institutional buyer and it would be
significantly helpful in this circumstance.
Wynne states that the special conditions on the August 2016 order say "This order issued on
August 2, 2016 shall supersede all previous orders for the same project."
Bertoni comments that a site visit would be appropriate to observe the plantings. Redmond
agrees. Buchsbaum agrees and observes that getting guidance from the Engineering
Department to address the questions David Lang raised will be beneficial. Simonelli,
Buchsbaum, and Bertoni agree that Simonelli will seek out a statement from Eric Barber
summarizing their communications since 2020 and the status of the project. Handly agrees
and states that the closing is anticipated for the end of November 2022.
A site visit is scheduled for Saturday,November 12, 2022 at 10a.m.
Buchsbaum moves to continue the request for partial certificate of compliance to the November
29, 2022 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion passes 5-0.
d. New: 114 Standley Street,DEP File#5-964—landscape improvements including
raising grade of side yard and reseeding lawn, install retaining walls, install property
fencing on side yards, and plant native plants—Jeanne Earle
Bob Griffin is present on behalf of the applicants who own the property at 114 Standley
Street. The Commission issued an order of conditions in 2007. The Earles along with Cole
Landscaping filed a NOI to do landscaping around the house. In August of 2007 the
Commission approved the plan and the work was mostly completed in November 2007. Amy
Maxner wrote a note in the file that she recommended coming back in 2008 to see how the
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plant growth was progressing and to discuss filing the certificate of compliance with Mrs.
Earle. Cole Landscaping then prepared an as-built plan, and again Maxner noted in the file
that she witnessed the condition of the plantings, that growth was vigorous, and she was
satisfied with the condition. Maxner sent the information to Mrs. Earle to file a certificate of
compliance, but it never got filed.
At this time there is a pending real estate transaction. Griffin prepared an as-built plan as
there have been no significant changes since that time, and the few differences between the
current conditions and the 2007 order are detailed in his letter. Among them are a raised
garden (which was referenced in the 2007 order, but did not appear on the plan), a slightly
extended walkway, and a chain link fence. In 2008 Maxner noted that she was satisfied with
the chain link fence. Lastly, there is a small gravel parking spot in the front yard due to the
City narrowing Standley Street, and the owner's son is now a licensed driver with his own
vehicle. A small corner of the parking spot is within the 100-foot buffer zone, but Griffin
does not believe it has any effect on the wetlands.
Bertoni asks about the chain link fence, and Griffin states it was built to keep the family pet
safe from getting stuck in the wetlands, and to keep the son's baseballs within the yard.
Bertoni requests a plan that shows the current local buffers, and Griffin agrees to provide it.
Buchsbaum asks how much the parking spot encroaches on the buffer zone, and Griffin
states that the space is approximately 10 feet by five feet. Berton observes that it is a
pervious surface, and she does not have a problem with it. Buchsbaum agrees, as long as it is
left pervious and not paved over. Bertoni expresses that there should be no paving in the
future as a perpetual condition, and Griffin agrees. Jeanne Earle,property owner, explains
that the parking space was added to the side yard to avoid encroaching on the wetlands and
that she chose gravel so that it can be reverted to yard again if needed.
The commission discuss how the unpermitted parking space should be handled and agree that
a minor project permit is most appropriate.
Buchsbaum moves to issue a complete certificate of compliance including the four perpetual
conditions that will stay on the certificate of compliance, #33436, and the Commission
stipulates that there should be a minor project permit request to include the gravel parking area
from the street to just inside the 100-foot buffer zone. Seconded by Jones. Bertoni takes a roll
call vote. Motion passes 5-0.
6. Old/New/Other Business
6a. Enforcement matters
a. Cont.: 16 Branch Lane—restoration plan
Frank Postma, project manager with EA Engineering and Alex Patterson, wetlands scientist
with EA Engineering, are present with a complete analysis of the disturbance to the wetlands
and a corrective action plan.
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Patterson summarizes that since the September Conservation Commission meeting, an
interim report was submitted summarizing the operations that have occurred at the site and a
list of proposed restoration actions to restore the site to its pre-alteration state. Patterson has
since developed a more detailed restoration plan, with emphasis on restoring fill that was
removed without authorization, and restoring the stream channel, and is now soliciting
feedback. In addition, the property owner is requesting to be allowed to maintain the outer 50
feet of the buffer zone as maintained lawn area,previously vegetated with woody plants and
trees. The detailed restoration plan includes 2 different alternatives for how the outer 50 feet
of the buffer zone would be handled, one of which is to allow the property owner to maintain
this area as lawn and, in lieu of revegetating this area, the property owners offered to make a
monetary donation to the City's tree planting program for next year. The second alternative
would involve revegetating the outer 50 feet of the 100-foot buffer zone as indicated in the
restoration plan. Buchsbaum states he favors the alternative to replant the trees over the
donation alternative, in the interest of wetlands protection, and Redmond and Bertoni agree.
Bertoni asks when work is planned to start, and requests that the Enforcement Order be
amended with a date of the adoption of the restoration. Patterson answers that he will ask the
property owner, and that the planting work will happen in the spring. Postma adds they will
present a plan of implementation at the next Commission meeting and a plan to secure the
site for the winter. Bertoni clarifies that the outer 50 feet of the 100-foot buffer zone will be
vegetated to the extent of the pre-alteration tree line. Patterson and Postma clarify that based
on aerial photos and Google Earth images pre-work, the tree line did not extend to the 100-
foot buffer line throughout the entire parcel, so the plan is to restore the pre-alteration tree
line.
Buchsbaum moves to amend the enforcement order to the include acceptance of the restoration
plan and to have the applicants/their consultants return at the November 29, 2022 meeting to
provide an implementation schedule. Seconded by Redmond. Bertoni takes a roll call vote.
Motion passes 5-0.
b. Cont.: 5/7/9 Netherton Avenue—received payoff check, return to compliance
Jones comments that at the last meeting,pictures were presented and all that remained was
the matter of the payment. All of the markers were put in place. Buchsbaum states that he
and Redmond observed the site a couple months prior and were happy with it. Wynne states
that the Staff Report notes from August 2022 state that it appears all the work is complete for
the restoration, and there is ongoing monitoring planned.
Buchsbaum moves to lift the enforcement order on 5/7/9 Netherton Avenue. Seconded by Jones.
Bertoni takes a roll call vote. Motion passes 5-0.
c. Cont.: 18 Meadow Road—return to compliance
Evin Guvendiren of DeRosa Environmental is present on behalf of the owners. They are
requesting a return to compliance. An order of conditions and a superseding order of
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conditions was issued for this property for a patio, and a replication plan was supposed to be
implemented. However, the permits expired before that work was able to be conducted. In
2020 the Beverly Conservation Commission issued an enforcement order to allow this
restoration work to commence. Guvendiren states they have installed the plants and created
the grades to match the adjacent wetland according to the approved plans. They installed the
plants in June of 2021 and have monitored the growth for two full growing seasons. He states
the site is stable and functioning as designed. Guvendiren confirms with Bertoni that the
reports have been submitted to the DEP and the Beverly Conservation Commission. A site
visit is scheduled for next week.
Bertoni and Guvendiren clarify that the request is return to compliance under the local
ordinance only, and Guvendiren will return for a final request for a certificate of compliance
to close out the old order.
Buchsbaum moves to lift the enforcement order and return to compliance under the local
ordinance. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
6b. Tree Removal Requests,If Any
a. New: 12 Sylvester Avenue
Bertoni states that the applicant requested to remove two black locust and two large hemlock
trees that are dying from the property. Mayer Tree Service has evaluated the proposed
removals. Squibb asks if there is a proposed replacement tree, and Bertoni states no.
Jones moves to approve the tree removal request at 12 Sylvester Avenue. Seconded by
Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0.
6c. Minor Project Permits
a. New: 13 Cherry Road
Victoria Lord, property owner, is present. Bertoni states that the project is the removal of a
vegetable garden at the rear of the property that the previous owner had planted. The current
owner would like to remove the debris from the area in the spring of 2023 and dispose of it
off site. No heavy equipment will be used, and all plants will be removed by hand. No
erosion control is proposed.
Jones moves to approve the minor project at 13, Cherry Road,with the condition that the
Conservation agent be called after the debris is removed and that everything is as stated.
Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0.
b. New: 102 Hull Street
Tom and Sarah Gregory, owners, are present. They propose to add a simple fence to the
property's backyard inside the buffer zone, not beyond the no disturbance post, so that their
pets and daughter do not go into the wetlands. They are also concerned about poison ivy back
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in the area. The fence will have the dual benefit of protecting the wetland from disturbance.
The fence proposed is four feet tall along the front side of the house and the majority along
the back of the home, within the no disturbance posts. Bertoni asks if a 4-inch gap is planned
along the bottom of the fence, and Gregory states yes. Bertoni asks what materials will be
used, and Gregory answers that the sides would have white vinyl like a white picket fence,
and then along the very back, the longest stretch of it would be black welded wire with
wooden posts. Bertoni clarifies that the black wire will not need the 4-inch gap.
Buchsbaum moves to approve the minor project permit for 102 Hull Street. Seconded by Squibb.
Bertoni takes a roll call vote. Motion passes 5-0.
c. New: 13 Walden Street
Jones states that the application is to remove and replace an existing pool deck, surrounded
by a wooden fence and lawn. There is a spot designated for the dumpster to be placed, and
the materials will be deposited in the dumpster and taken off site. Bertoni states that there
should be minimal disturbance for post holes. Squibb asks if the dumpster placement is in the
back of the house, and if it will cause any damage. Wynne states the planned location is in
the street.
Jones moves to approve the minor project permit for 13 Walden Street to replace a pool deck in
the back yard, with the conditions discussed and any other appropriate standard conditions.
Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
7. Orders of Conditions,if any
a. Cont.: 5 Preston Place
Buchsbaum moves to issue an order of resource area for 5 Preston Place with the findings and
confirmed flaggings, as was discussed this evening. Seconded by Redmond. Bertoni takes a roll
call vote. Motion passes 5-0.
b. 12 Conway Street
Wetland flagging is confirmed for this project only. The deck shall remain open and not
covered. Construction debris shall be placed in the Dumpster for removal from site for
disposal. The erosion control shall be inspected weekly. A four to 6-inch gap in the boundary
fence must be maintained. The stockade fence shall be made of non-toxic or suitable lumber.
390-foot square impervious surface will be removed and planted with an appropriate seed
mix. The front shrubs shall be replaced, if disturbed in the construction process. The
disturbed areas shall be stabilized and restored.
Buchsbaum moves to issue an order of conditions for 12 Conway Street as discussed. Seconded
by Jones. Bertoni takes a roll call vote. Motion passes 5-0.
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Adiournment
Redmond moves to adjourn. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-
0.
Meeting ends at 10:44 p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,November
29, 2022.