The Danvers Conservation Commission on April 10 unanimously approved a waiver and issued an order of conditions for work at 112 Burley Street (DEP file 14-1431), allowing a small incursion of concrete pool decking into the 50-foot no-build zone.

The notice of intent, filed by Sean and Susan Stone and presented by Bill Manuel of Wetlands and Land Management, described a preformed fiberglass in-ground pool with a concrete decking and a small triangular area (about 45 square feet) inside the 50-foot no-build zone. Manuel said the pool itself “is completely out of the no build zone,” and that the 45-square-foot decking triangle was unavoidable given site constraints.

The commission’s vote followed public questions about groundwater, pool drainage and winter freeze, and a discussion of mitigation. Manuel proposed, and the applicant agreed to, a mitigation condition: “a hundred square foot minimum, pollinator garden.” The commission added that the garden must be installed and documented before a Certificate of Compliance is issued.

Why it matters: The allowed incursion is small relative to the regulated buffer, but the commission framed the decision around the Wetlands Protection Act (Mass. Gen. Laws ch. 131, § 40) and the Town of Danvers Wetlands Protection Bylaw (Town of Danvers General Bylaws, Chapter 26). Commission members emphasized minimization of disturbance, and the required mitigation is intended to provide net habitat benefit in the riparian corridor behind the property.

Details and conditions: Manuel told the commission the project was designed to minimize impacts — the proposed pool is 15 feet wide, the concrete apron was reduced, and the only disturbance within the 50-foot zone would be the small decking triangle. He said the pool will be a fiberglass shell set on sand, and typical pool draining practices and manufacturer installation reduce the risk of buoyancy or groundwater “floating” the shell.

Public commenters raised groundwater and discharge concerns. Resident Bill Bradstreet asked whether draining pool water (chlorinated water) or construction spoils could affect the wetland; Manuel said the pool uses a cartridge (paper) filter, there is no diatomaceous earth (DE) discharge, and that seasonal discharges are typically allowed only after water has sat for several days. The commission recorded its expectation that stockpiled demolition/excavation material and any temporary debris be removed or covered to prevent stormwater transport to the wetland.

Votes at the meeting: The commission first closed the public hearing and then voted to grant the requested waiver for work in the 50-foot no-build/no-disturb zone at 112 Burley Street, DEP file 14-1431. The commission then voted to issue an order of conditions for the project with additional conditions discussed on the record, including the pollinator-garden mitigation and completion of that mitigation before a Certificate of Compliance is issued. The motions were adopted by voice vote (all in favor). The record does not show individual roll-call vote breakdowns; four commission members were present and voted in favor.

Background: At the start of the meeting the commission noted it operates under the Massachusetts Wetlands Protection Act (Mass. Gen. Laws ch. 131, § 40) and the Town of Danvers Wetlands Protection Bylaw (Chapter 26). The site is adjacent to an intermittent tributary to Frost Fish Brook; Manuel said the stream is intermittent at this location and therefore not classified as riverfront.