Conservation Commission

City of Gloucester

August 19, 2026 5:30 P.M. Hybrid Meeting Rose Baker Center for Aging Well - Upstairs Conference Room Chair: Peter Vetere

August 19, 2026 MINUTES

Members Present: Chair Peter Vetere, Bill Cook, Nick Iliades, and Dave Sargent.

Members Absent:

Staff: Chuck Schade, Conservation Agent

Meeting was called to order at 5:50; the call of Commissioners commenced.

I. ADMINISTRATIVE BRIEFING

Chuck Schade, Conservation Agent, said the updated fee schedule was approved at the August 11, 2026 City Council meeting and they will go into effect starting on September 11, 2026. This will impact anything after the October 7, 2026 meeting. He also said there were many continuations after the agenda was posted:

• NOI 028-3129 24 Kondelin Road was requested to continue to September 2nd.
• NOI 028-3142 Tommy's Island was requested to continue to September 2nd.
• NOI 028-3147 12 Woodward Avenue was requested to continue to September 2nd.
• NOI 028-XXXX 740R Washington Street was requested to continue to September 16th.
• NOI 028-3148 103 Essex Avenue was requested to continue to September 16th.

II. PUBLIC COMMENT

Chair Vetere opened the public comment period.

Chair Vetere closed the public comment period.

III. MINUTES REVIEW AND APPROVAL

August 5, 2026

Member Cook moved to approve the August 5, 2026 meeting minutes as amended; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

IV. CONTINUED BUSINESS

NOI 028-2976 171 & 281R Magnolia Avenue (How-Mag LLC). Construction of a 26-unit residential subdivision in Riverfront Area and Buffer Zone to Bordering Vegetated Wetland. Evin Guvendiren, DeRosa Environmental Consulting, Inc. (Previously continued to 9/16/2026)

NOI 028-3006 105 Wingaersheek Road (125 Wingaersheek LLC). Replace existing SFH and detached garage with pile-supported single family home and garage, installation of gravel driveway, installation of septic system and water service in Coastal Dune, Barrier Beach, LSCSF, ACEC, Buffer Zone to ACEC and BVW. Joel Favazza, Seaside Legal Solutions, P.C. (Previously continued to 9/16/2026)

NOI 028-3007 107 Wingaersheek Road (125 Wingaersheek LLC). Replace existing SFH and garage with pile-supported single family home and garage, expansion of gravel driveway, installation of septic system and water service in Coastal Dune, Barrier Beach, LSCSF, ACEC, Buffer Zone to ACEC and BVW. Joel Favazza, Seaside Legal Solutions, P.C. (Previously continued to 9/16/2026)

NOI 028-3036 3, 6, & 7 Welch Lane and R Woodman Street (RDL Welch Lane, LLC). Road and stormwater system construction, utility installation in Buffer Zone to Bordering Vegetated Wetlands. Joel Favazza, Seaside Legal Solutions, P.C. (Previously continued to 9/2/2026)

NOI 028-3132 13 Concord Street (James Nicholas and Judy Rose). After the fact approval for vegetation and tree removal and relocation of rock wall in Riverfront Area, LSCSF, and Buffer Zone to Salt Marsh. James Nicholas and Judy Rose (Previously continued to 9/2/2026)

NOI 028-3135 37 Rocky Neck Avenue Unit B-1 (Frederick Miles). Reconstruction of existing dwelling in the same footprint and new pier supports in Coastal Resource Areas, LSCSF, and Buffer Zone to Coastal Resource Areas. John Judd, Gateway Consultants, Inc. (Previously continued to 9/2/2026)

NOI 028-3125 490R Washington Street (Gregory Dumas). Elevating existing home and associated supporting posts in Riverfront Area, Land Subject to Coastal Storm Flowage, and Buffer Zone to Coastal Resource Areas. Devere Edwards-Grant, Kneeland Construction (Request to continue to 10/21/2026)

Member Cook moved to continue NOI 028-3125 490R Washington Street to the meeting of October 21, 2026; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-3129 24 Kondelin Road (Eastern Waste Services LLC). Stormwater Management upgrade, parking lot repaving, and fence replacement in Buffer Zone to Bordering Vegetated Wetland. Joel Favazza, Seaside Legal Solutions, P.C. (Request to continue to 9/2/2026)

Member Cook moved to continue NOI 028-3129 24 Kondelin Road to the meeting of September 2, 2026; Member Sargent seconded and was approved by Members Cook, Sargent, and Iliades. Chair Vetere recused.

NOI 028-3141 28 King Phillip Road (David Surette). Seasonal dock and gangway to existing pier in Coastal Resource Areas and Riverfront Area. Thomas P. Ciarametaro, Jr., Five Fathoms Consulting

Tom Ciarametaro, Five Fathoms Consulting, represented and said he submitted additional comments to address a commissioner comment. He showed an example of a fifth wheel connection and explained how it is constructed. The float is built around the connection and is structurally integrated into the stringers and the trusses. This kind of connection is only appropriate for access locations and not where a vessel would be tied up. This is also only suited for low wave action areas. The only thing touching the ground are 4x4 post standoffs. There were questions about having a kayak lift instead and that would not work for this area due to the size of the pier, the lack of power, and the height. They are also proposing to reduce the float to 8x16, which is the minimum size that could handle the gangway. The Shellfish office will also have an opportunity to review this dock under the 10A permit through the Harbormaster's Office. There is a large amount of dead salt marsh, and they are proposing to do salt marsh restoration in those areas.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Cook thanked them for decreasing the size of the float. He said the original permit for the dock and float, they were told there would not be vessels attached to this. He would like a condition that no motorized boat would be tied up or attached to the float.

Member Sargent said he will not be voting in favor because if the applicant had installed a hand operated kayak lift and a ladder on the end of the pier. This would achieve the stated goal of launching kayaks and paddleboards without impacting coastal resource areas. Secondly, two Shellfish Constables have stated that a dock in this area would have a detrimental impact on the existing and future shellfish resources.

Member Iliades said the applicant has done whatever they could to reduce impacts to the resource area. His only hang up is the fact that Shellfish is against the project due to the impacts it would have on shellfish habitat. If possible, he would like to work in a condition for Shellfish approval.

Chair Vetere thanked them for submitting the additional information for the fifth wheel. The Shellfish Constable raised concerns about the intensity of sediment disturbance and silting, and sediment scouring and compaction from dock and associated vessels. That raises questions of potential adverse effects for performance standards in 310 CMR 10.34(4)(C-D). However, the fact that the only portion of the float that will ground out at low tide is the standoffs. The applicant previously agreed to implement 30 inch standoffs per the DMF's suggestion. He would like to see a continuing condition to remove the float and ramps seasonally and store them outside of the resource area. He would like a continuing condition prohibiting the use of motorized vehicles. He would like another continuing condition prohibiting vessel birthing or long term vessel tie up on the dock to mitigate any potential effects of disturbance or settlement disturbance as identified by the Shellfish Constable. He would like a condition to reduce the float size to 8x16 as authored by the applicant. He would also like a condition requiring the restoration of plantings like marsh grass as suggested by the applicant. Any approval should be contingent on submission of a revised plan showing the smaller float size and restoration planting areas.

Mr. Ciarametro said he is okay with the proposed conditions. He asked if Mr. Schade could meet him on site to really pinpoint the area for salt marsh restoration. They can submit a plan showing the reduced dock size.

Chair Vetere said 30 days before the application of the renewal request is sent in, notice should be sent to the Shellfish Constable and the Conservation Agent of the intent to renew the permit.

Member Cook moved to close the public hearing for NOI 028-3141 28 King Phillip Road; Member Sargent seconded and was approved by Members Cook, Iliades, and Vetere. Member Sargent voted no.

Member Cook moved to approve NOI 028-3141 28 King Phillip Road with the aforementioned; Member Sargent seconded and was approved by Members Cook, Iliades, and Vetere. Member Sargent voted no.

NOI 028-3142 Tommy's Island (Tommy Island, LLC). Construction of a shed in the Upland Edge to the ACEC, Riverfront Area, LSCSF, and Buffer Zone to Coastal Resource Areas. John Judd, Gateway Consultants, Inc. (Request to continue to 9/2/2026)

Member Cook moved to continue NOI 028-3142 Tommy's Island to the September 2, 2026 meeting; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-XXXX 7 Sumac Lane (James Montagnino, Jr.). Seasonal docks and gangway in Coastal Resource Areas. James Montagnino, Jr.

James Montagnino represented and said he has met with the Harbormaster on many occasions and since the last meeting he has had the site surveyed. The Harbor Commission line and Federal Channel line are shown on the plan.

Chair Vetere opened the public comment period.

Ray Olson, 3 & 5 Sumac Lane, expressed concern about the extent of the dock system being put in. She spoke on other issues relating to zoning and private road access. This type of project would have to be approved by a professional engineer. The plans don't specify any of that information. The plans also do not show specifications on the type of dock system he is proposing. How are they going to be secured and what are the schematics?

Barbara Black, 6 Sumac Lane, said her concern is with the amount of dockage proposed to go into the area. The proposal seems excessive for the area. A lot of docks or boats would have a big impact on the tidal area. Drainage is a huge concern for the harbor, and she doesn't want to see the grassy area covered in pavement. She would like the dockage to be used at its same level going forward.

Chair Vetere closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Cook expressed concern about the size of the floats. He hasn't seen any of the requested engineered plans that was requested by the DMF or Harbormaster.

Member Sargent said he would like to see sign off from the Harbormaster as that is the main concern.

Member Iliades said he would also like to see Harbormaster comments, especially because he will probably want to see engineered plans for the anchor system. He commented that if they are not set up properly, there is a safety concern, as well as a concern for the environment.

Chair Vetere thanked him for submitting a new engineered plan, but noted it does not show the anchoring. It also doesn't look like it's meeting the harbormaster's comments of 25 feet setbacks from each property line, but it meets the 60 foot setback line from the federal channel line. He would like to incorporate the Harbormaster's Comments as continuing conditions.

Mr. Montignino explained the changes to the dock arrangement and the anchor system. The new coordinates of the docks are shown on an engineered plan.

Member Cook moved to continue NOI 028-XXXX 7 Sumac Lane to the September 2, 2026 meeting; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

V. VIOLATIONS (out of order)

Violation 7 Sumac Lane – Unauthorized ground disturbance and construction within Buffer Zone to Coastal Resource Areas. James Montagnino, Jr.

Mr. Schade said the Assistant Conservation Agent and the Building Commissioner went out to the site after reports of work being conducted. There was a deck being rebuilt and some stairs were removed. There was a cease and desist issued and reports of work has continued on the property. Surface material has been added to the wharf and grading activities are taking place. He spoke with Mr. Montagnino that that work would be included under an after the fact permit. Any additional activities should also be included. Anything future needs to be permitted properly.

Mr. Montagnino said they stopped working when they got notice. Once they got the building permit, they were under the impression they could finish the deck. There were some sunken areas so they added blue stone. The area covered with gravel will be covered with sod. The gravel was only placed there to help with the sinkholes. He has not done any work on the seawall, but he will have to. There are holes that he needs to plug with rocks that have fallen. He believed he had the right to maintain the wall.

Chair Vetere said if they are adding new fill behind the wall, there is a concern about that entering the resource area. He suggested having some sort of filter fabric or other material to hold the fill. He suggested amending the NOI to include the other work he would like to do on the property.

Member Sargent suggested a cease and desist on all work at the property until they file for an after the fact permit.

VI. CONTINUED BUSINESS (resumed)

NOI 028-3147 12 Woodward Avenue (William Pierce). Pile supported pier, seasonal ramp and float in Riverfront Area and Coastal Resource Areas. John Judd, Gateway Consultants, Inc. (Request to continue to 9/2/2026)

Member Cook moved to continue NOI 028-3147 12 Woodward Avenue to the September 2, 2026 meeting; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-XXXX 18 Juniper Road (Maria & Arthur Churchill). Redevelopment and Reinforcement of an existing retaining wall in Riverfront Area and Coastal Resource Areas. John Judd, Gateway Consultants, Inc.

John Judd, Gateway Consultants, represented and said after the last meeting they made revisions based on the DEP's comments and Commissioner comments. They have moved the wall further back and added more robust plantings. The mitigation chart was also revised to include invasive removal.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent requested a condition that all work must be accomplished on the landward side of the site. There must also be a two year monitoring period of all mitigation plants and there should be a perpetual condition on the COC that prohibits further alteration within the mitigated areas except as may be required to maintain the area in its mitigated condition. There should be a continuing condition that yard waste be properly disposed of.

Member Cook moved to continue NOI 028-XXXX 18 Juniper Road to the September 2, 2026 meeting; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-3146 Keystone Road from Essex Avenue to Winterhaven Road (Keystone Road Homeowners Association). Paving existing road in Buffer Zone to Bordering Vegetated Wetland. John Judd, Gateway Consultants, Inc.

John Judd, Gateway Consultants, represented and said there were concerns at the last meeting about exceeding the existing limits of the asphalt. They reflagged the erosion control line, and proposed a limit of the edge of the pavement. They were well within the existing limits and should have a substantial improvement. With the infiltration shoulder, there should be better stormwater entering the wetlands.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Chair Vetere asked if the edge of the existing shoulder is the limit of the pavement or where the crushed stone will go.

Mr. Judd said the crushed shoulder is inside the existing roadway width. There is about two to three feet from the edge of the existing roadway to the edge of the proposed crushed stone edge. They will add natural loam and seed beyond the stone in that two to three foot area.

Mr. Schade said there is one really tight spot and it would be nice to have trees or shrubs in that area to create a bigger shoulder to the wetland.

Member Cook moved to close the public hearing for NOI 028-3146 Keystone Road from Essex Avenue to Winterhaven Road; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Member Cook moved to approve NOI 028-3146 Keystone Road from Essex Avenue to Winterhaven Road with the aforementioned conditions; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-3145 195 Atlantic Street (187 Atlantic Ave Holdings LLC). Duplex, driveway, retaining wall, and associated utilities in Buffer Zone to Bordering Vegetated Wetland and Coastal Resource Areas. Dan Sievers, Morin-Cameron Group, Inc.

Dan Sievers, Morin-Cameron Group, represented and said they have updated the plans based on comments at the last meeting. The mitigation and landscaping plan shows the total disturbance and the proposed mitigation. They are disturbing 4,800 square feet and they are proposing the 1:1 mitigation. They are proposing two maple saplings on each lot and native grassland mix for the remainder of the area. They submitted all the requested stormwater designs and were approved by the DPW director on August 4th. With an updated plan showing the conservation's jurisdiction which includes a portion of the paved driveway, boulder slope, guardrail and infiltration trench. None of the dwelling is within the buffer zone, despite what was previously thought. They also revised their plan to prohibit pesticides and herbicides.

Chair Vetere opened the public comment period.

John Myers, 198 Atlantic Street, asked if they would be considering removing the coverage of asphalt or moving the drainage pipe further down. He said rainwater needs to be treated onsite.

Chair Vetere closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Cook said the whole property really slopes down. The retaining walls are proposed, but there will only be stone on one side. He would like crushed stone on both sides of the driveway. On the one closest to the wetland, he would like a large retention area built so runoff is captured and held before going into the wetland.

Member Sargent said some of the clearing did take place in the BVW buffer zone. They are currently proposing 1:1 mitigation, but he would like to see 2:1 mitigation. He would also like to see more trees in the mitigation area. There must be a two year monitoring period for all mitigation plants and a perpetual condition on the COC that prohibits further alteration within the mitigation areas except as may be required to maintain the area in its mitigated condition.

Member Iliades asked for 2:1 mitigation with more trees as well.

Chair Vetere seconded the comments about additional mitigation and the addition of trees.

Mr. Sievers said the frost line language functions as a design guidance rather than a rigid, enforceable standard. Frozen soils reduce infiltration rates regardless of if the trench bottom sits four feet or deeper. They designed all of the infiltration trenches to be at the downgrade of each roadway. They graded the driveway so the rainwater is only going to one side of the driveway where it will infiltrate and drain out at the lower point of the driveway. It is about 105 feet away from the downgradient wetlands. They are reducing the stormwater for each lot so he does not believe that a detention basin is needed. The request for 2:1 mitigation is reasonable. But tough given the amount of space on the lot and the amount of space covered with tree canopies. He asked if they would be okay with added native seed mix under the existing tree canopy.

Member Sargent suggested adding pollinators and shrubs to create a diverse matrix of native plants.

Member Cook said he is still concerned about the water, but if the road is graded so the water is directed towards infiltration, he has no problem.

Member Cook moved to close the public hearing for NOI 028-3145 195 Atlantic Street; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

The Commission decided they want to see the landscaping plan once it has been created.

Member Cook moved to approve NOI 028-3145 195 Atlantic Street with the aforementioned conditions; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-3151 197 Atlantic Street (187 Atlantic Ave Holdings LLC). Driveway, retaining wall, associated grading and utilities in Buffer Zone to Bordering Vegetated Wetland. Dan Sievers, Morin-Cameron Group, Inc.

Dan Sievers, Morin-Cameron Group, represented and said this project is the same as the above project.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent said he has the same comments on this project as he did for the first one. He also has concerns on this one about the proximity of the Riverfront Area to the proposed home. He is concerned that the grading could negatively impact the vegetation. He would like a condition that there be permanent granite boundary markers every 10 to 12 feet along the RFA boundary stating there shall be no disturbance without going to the Conservation Commission.

Chair Vetere said the same comments about mitigation apply to this one as well.

Mr. Sievers asked if they could accumulate the impact for both lots and plant mitigation plants across the two lots. There is more space in the backyard where more mitigation plants could go.

Chair Vetere said there wouldn't be the same outcome. He would like to see 2:1 mitigation for each lot on their respective lots to the extent that's possible.

Member Cook moved to close the public hearing for NOI 028-3151 197 Atlantic Street; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Member Cook moved to approve NOI 028-3151 197 Atlantic Street with the aforementioned conditions; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-XXXX 740R Washington Street (Paul Hadley). Raise seawall in Riverfront Area, Land Subject to Coastal Storm Flowage and Buffer Zone to Coastal Resource Areas. Andrew Thibault, Goddard Consulting, LLC (Request to continue to 9/16/2026)

Member Cook moved to continue NOI 028-XXXX 740R Washington Street to the September 16, 2026 meeting; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

VII. NEW BUSINESS

RDA 1849 4 Becker Circle (Nancy Vicari). New shed in Buffer Zone to Bordering Vegetated Wetland. Nancy Vicari

Nancy Vicari, 4 Becker Circle, represented and said they need a new shed for storage. Once they sort through things, they will remove the shed in a couple years. They have three proposed locations and would like to place it at the third spot on the plan. They are proposing to put the shed on the asphalt driveway.

Chair Vetere opened and closed the public comment period.

The Commissioners agreed that because the shed is over existing pavement, they have no concerns.

Member Cook moved to close the public hearing for RDA 1849 4 Becker Circle; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Member Cook moved for a negative determination for RDA 1849 4 Becker Circle; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Chair Vetere recused.

RDA 1850 51 Rocky Neck Avenue (Patrick Hurd). Removal of docks, piles, and piers in Coastal Resource Areas. Mark Manganello, LEC Environmental Consultants, Inc.

Nicole Ferrara, LEC Environmental, represented and said they are seeking approval for removal of docks, piers, and piles from the property. There is Coastal Beach, LSCSF, Land Containing Shellfish, and Land under Ocean. They are proposing to remove seven floats and about eight piles. The intent is to remove the docks from the water via barge or towed to a local marina and taken into storage. There may be minor temporary disturbance during the extraction of the piles. This is in response to a notice of non-compliance issued by the DEP in June that requires the applicant to remove the unauthorized floats and piles.

Member Cook opened the public comment period.

Susan Fehrmann, 47 Rocky Neck Avenue, gave a detailed history of the property and previous violations that led to the unauthorized floats. She asked when the proposed removal is going to take place.

Member Cook closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Cook echoed Shellfish comments and asked where the floats are going to be stored. The Harbormaster also said there are additional piles that need to be removed, and they are not included in this RDA and they should be.

Member Sargent asked if this should be an RDA or an NOI.

Member Iliades said if they want to put anything back, it should be permitted.

Mr. Schade said he reached out to Tyler Ferrick with the DEP as he was in charge of the appeal. He was aware of the RDA and didn't feel like it had to be done as an NOI. An NOI should be filed for the reinstallation of anything.

Ms. Ferrara said all of the floats seaward of the harbor line and associated with the floats are going to be removed. She said everything in the photo she showed will be removed as requested by MassDEP. There was a small strip of the docks that are compliant with their Chapter 91 license and therefore, they will not be removed.

Member Cook moved to close the public hearing for RDA 1850 51 Rocky Neck Avenue; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Member Cook moved for a negative determination for RDA 1850 51 Rocky Neck Avenue; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Chair Vetere returned.

RDA 1851 424 & 428 Washington Street (Gregg Shupe). Replace existing crushed stone driveway with pervious pavers in Riverfront Area, Land Subject to Coastal Storm Flowage and Buffer Zone to Coastal Resource Areas. Gregg Shupe

Gregg Shuppe, 424 Washington Street, represented and said they are proposing to replace an existing crushed stone driveway with permeable pavers. His neighbors have difficulty walking on the crushed stone, and having something smoother would be easier for them to navigate. They are not changing the square footage of any of the existing driveway areas. There is a smaller 500 square foot area they are proposing to pave, but there is existing crushed stone.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent asked if there would be an increase in the impervious area.

Mr. Shuppe said they are adding about 500 square feet of impervious area by changing a section of the driveway from crushed stone to asphalt. The property line runs down the middle of the driveway.

Mr. Schade said they could add crushed stone along the edge of the pathway to account for increased runoff.

Mr. Shuppe said the paved area pitches towards the permeable pavers. They could put mitigation plants on the right side of the paved area. There would be enough room to add mitigation while being mindful of the septic tank pump.

Member Sargent suggested adding native shrubs and pollinators.

The Commission agreed to add native mitigation plants along the paved section, three feet wide.

Member Cook moved to close the public hearing for RDA 1850 51 Rocky Neck Avenue; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

Member Cook moved for a negative determination for RDA 1850 51 Rocky Neck Avenue; Member Sargent seconded and was approved by Members Cook, Sargent, Iliades, and Vetere.

NOI 028-3150 10 Dennison Street (Richard Quateman). Accessory Dwelling Unit and Stairway in Riverfront Area and Buffer Zone to Coastal Bank. Richard Quateman

Richard Quateman, 10 Dennison Street, represented and said they are proposing to add a 25x25 ADU on their property. They would also like to repair the existing stairways as they are in bad shape. The plan shows a parking area, but near that area is currently overrun with invasive species. They are proposing to clear the non-natives and replace it with native species. He doesn't have an exact number at the moment. They are doing work within the Riverfront Area, and will not be doing any work within the buffer zone to the Coastal Bank. The only exception to that is if they run into issues with the tie into the water line.

Member Cook left the meeting.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent said he serves on the Open Space Committee alongside Mr. Quateman, but he can remain impartial on this. He asked how much impervious surface is being added. He said they get credit for the invasive removal but he asked if they could add some additional native shrubs and pollinators.

Chair Vetere asked if they are keeping the parking area and the fence. He also asked if there will be any associated grading. He would like to see the impact calculations of the stairways and the ADU. He also said the plan needs to show the Riverfront Area on the plan. He wants a general idea of the square footage of the invasive species area.

Mr. Quateman said the ADU is 625 square feet and they can reduce the lawn to add more perennials. The proposed parking area will remain gravel and they are going to remove a portion of the fence. They are not regrading the area.

Mr. Schade asked if they are going to be removing any trees.

Mr. Quateman said the Black Walnut tree is not doing well and they would like to remove the Norway Maple. He agreed to plant two native trees on his property as replacement. He will submit a revised plan to the Conservation Agent.

Member Sargent moved to close the public hearing for NOI 028-3150 10 Dennison Street; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

Member Sargent moved to approve NOI 028-3150 10 Dennison Street with the aforementioned conditions; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

NOI 028-XXXX 49 Crafts Road (Kevin O'Maley). New single family home construction in Riverfront Area. Kevin McHugh, Lynnbrook Consulting, LLC

Member Sargent moved to continue NOI 028-XXXX 49 Crafts Road to the meeting of September 2, 2026; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

NOI 028-3149 59 Leonard Street (Bruce & Victoria Godfrey). Patio and stair construction in Riverfront Area, Land Subject to Coastal Storm Flowage, and Buffer Zone to Coastal Bank. John Judd, Gateway Consultants, Inc.

John Judd, Gateway Consultants, represented and said this project was previously approved in 2019, but they did not have the ability to complete the work before the permit expired. They are proposing to install a pervious patio in the backyard. At that time, the Commission did not consider pervious additions required native mitigation, however, he thinks they would now like to see mitigation. The proposed patio is 320 square feet and there is no associated grading.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent said it would be nice to have mitigation plants. If they add pollinators and get it as close to 2:1 mitigation he would be okay with it.

Chair Vetere said the patio and stairs are all minor activities, but if they are willing to add mitigation, that would be a good addition.

Member Sargent moved to close the public hearing for NOI 028-3149 59 Leonard Street; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

Member Sargent moved to approve NOI 028-3149 59 Leonard Street with the aforementioned conditions; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

NOI 028-3152 84 Causeway Street (The Trio Building, Inc). Reconstruction and expansion of existing storage building, concrete slab and parking area in Riverfront Area, Land Subject to Coastal Storm Flowage and Buffer Zone to Coastal Resource Areas. John Judd, Gateway Consultants, Inc.

John Judd, Gateway Consultants, represented and said they would like to add a second floor within the same footprint of the existing storage building. There is a concrete slab under the proposed stairway. There will be a 34 square foot increase in impervious area and they are proposing native plantings along the edge of the Coastal Bank.

Chair Vetere opened and closed the public comment period.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent requested a two year monitoring period on the mortality of mitigation plants and a perpetual condition noted on the COC that prohibits further alteration within the mitigated areas except as may be required to maintain the area in its mitigated condition.

Member Iliades said he owns a boat service and the applicant had their boat serviced there, but he can remain impartial. He seconded earlier comments.

Chair Vetere asked where the Riverfront Area is on the plan. He suggested revising the plan and NOI documents to reflect Riverfront Area.

Mr. Judd said the whole area is within Riverfront Area and they have revised the fees to account for that. They are not going any closer to the river.

Member Sargent moved to close the public hearing for NOI 028-3152 84 Causeway Street; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

Member Sargent moved to approve NOI 028-3152 84 Causeway Street with the aforementioned conditions; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

NOI 028-3148 103 Essex Avenue (Pietro & Kayla Cannavo). Addition to existing dwelling on piers in Land Subject to Coastal Storm Flowage. John Judd, Gateway Consultants, Inc. (Request to continue to 9/2/2026)

Member Sargent moved to continue NOI 028-3148 103 Essex Avenue to the meeting of September 2, 2026; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

VIII. CONTINUED BUSINESS (heard out of order)

NOI 028-3127 13-37 Sunset Hill Road, 6R & 18 Riverview Road (Pole's Hill) (Cape Ann Trail Stewards) Trail maintenance and trail bridge installation in Intermittent Stream, BVW, IVW, and Buffer Zone to Intermittent Stream, BVW, IVW, and Vernal Pool. Amy Blondin, Cape Ann Trail Stewards

Amy Blondin, Cape Ann Trail Stewards, represented and said they originally submitted their project to maintain existing trails. They have been working on the area since 2013, with permission from the DPW and Community Development Staff. The original NOI had the DPW Director's signature and approval after discussions with him. She mentioned the self help grant and how it called out a management committee composed of Conservation Commissioners, Friends of Poles Hill, and someone from the City Grants Department.

Suzanne Egan, City Legal, said the application in front of the Commission is a Notice of Intent to maintain the trails. That is the main issue in front of the Commission, not the maintenance and management of Poles Hill. The application itself was signed by the person in charge of the land, the DPW director. The DPW is charged with maintaining public lands and even though the care and custody is within control of the Conservation Commission, public lands that fall under this category are managed by the Department of Public Works. The City has a responsibility to maintain those trails, so they are the ones who should be making those decisions on the maintenance. The Commission should just be looking at this application and how it applies to the Wetlands Protection Act. Adding bridges over wetland crossing are part of trail maintenance, especially if they are preventing people from walking through wetlands.

Member Iliades asked if the wetlands delineation is still an issue.

Mr. Schade said he hasn't been out since the winter, but he can go back out and take a look at the wetland delineations.

The Commissioners agreed that they would be okay with Chuck taking a look at the delineations and where the bridge proposals are.

Ms. Egan said there is no written Memorandum of Understanding that the DPW manages city owned land, even if they were once under management of the Conservation Commission. The City Charter is what makes that distinction as it specifically states that the DPW manages land. The Conservation Commission has never had its own budget to manage land, but the DPW does have those funds.

Chair Vetere opened the public comment period.

Joy O'Connell, 33 Wheeler Street, gave documents to the Commission on records of the Friends of Poles Hill. She spoke on the history of the Friends of Poles Hill and the land grant acquisition.

Charles Crowley, 19 Biskie Head Point, spoke on the management of Poles Hill and whose responsibility it is to manage the land.

Joy O'Connell's husband spoke about fires on the land and how that will be prevented in the future.

Keith Palazola, 57 Western Avenue, asked about the relevance of Article 97 Land as it applies to Poles Hill and what that means for management purposes.

Ms. O'Connell said The Friends of Poles Hill is willing to reinstate itself.

COMMISSIONER ROLL CALL COMMENTS:

Member Sargent said the proposal is more than maintaining. It needs to be recognized that the grant specified the land needs to be available to everyone. He said it is important to maintain that area in its natural state and the neighborhood character. It is important to get neighborhood input.

Member Iliades said he is inclined to listen to the City's attorney and vote only on the wetland's portion of the proposal. It does leave an open question about the management. He asked about the possibility of the Conservation Commission or City filing for the same proposal and what that would mean.

Chair Vetere spoke on the importance of protecting the area as open space and thanked The Friends of Poles Hill for their involvement. He doesn't believe that anything in the proposal will deteriorate or deviate from the parcel being kept in its open space condition. This is really just a project for trail maintenance. It seems like the management committee met and was followed through with in the early 2000s. They set up the kiosks, trail systems, and did what they could to keep the public space up and running. TFOPH dissolved, and the management committee appears to have stopped meeting. Over 20 years later, the care of this area has fallen to the City and other documents and the deed shows the management is through the Conservation Commission. The only enforceable document that gives management control is the deed, and the City's policy is that City-owned land, including land owned by the Conservation Commission, is managed through the DPW. The land is still kept as Open Space and still conforms to Article 97 policies. Adding and maintaining trails does not change the purpose or the use of the land. The proposal is an improvement as the trails are hard to follow. People have been putting sticks, wood, and other debris in the stream crossings and having trails over the streams would be an improvement. He said one of the agents could walk through the site with the applicant to confirm the wetland boundaries.

Mr. Schade said the Commission needs to discuss whether the proposal meets the performance standards for the resource areas on site. It's not necessarily up to the Commission to come up with a solution to the other issues, and this is not the avenue to do so. The Conservation Commission's main focus is protecting wetland resource areas and evaluating projects based on their ability to meet performance standards in the Wetlands Protection Act.

Member Sargent asked if the applicant would be willing to come to an agreement with TFOPH. He said there is one certified pool on Poles Hill and there are a few other potential vernal pools. Foot traffic near vernal pools could create adverse impacts on the species and the area. He would like Mr. Schade to go out and look at the potential vernal pools and the surrounding areas.

Ms. Blondin said TFOPH wants no trails, but the grant states the area needs to be open and accessible to the public. The project is not changing the character of the area. After the 2022 fires, the trail system was lost. They wanted to clarify the treadway and remark the trails to prevent confusion. There were some wet areas people were crossing through, so they thought it would be best for the wetlands to have bridges over those areas. They are not looking to widen trails or put signs all over the place, they are just trying to maintain the area. She said she is also willing to have Cape Ann Vernal Pond Team out to Poles Hill to evaluate the vernal pools along with Mr. Schade. She said she would be willing to work with the Open Space and Recreation Committee. She said they have been maintaining the existing trails since 2013 using GPS coordinates. They have also had the same steward maintaining the area since 2013 and in some areas on the exposed ledge, you can still see the colored markings. They are trying to add a few signage posts to ensure people can see the markings if there is any kind of ground cover.

Member Iliades said he sees these as minor activities and as long as Mr. Schade will go out and review the wetland delineation and proposed activities, he is okay with the project.

Member Sargent asked if they are increasing the parking as a part of this proposal.

Ms. Blondin confirmed they are not increasing or doing anything with the existing parking area. They are not property owners, they are just doing work on behalf of the City. The hope is that with well maintained, nature trails, there will be a decrease in encampments and fires. She said they were suggested to submit a management plan, and they would like to withdraw that portion of the Notice of Intent.

The Commission agreed they are only considering the wetland crossings and trail maintenance including the trail blazes and treadway maintenance.

Member Sargent moved to close the public hearing for NOI 028-3127 13-37 Sunset Hill Road, 6R & 18 Riverview Road (Pole's Hill); Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

Member Sargent moved to approve NOI 028-3127 13-37 Sunset Hill Road, 6R & 18 Riverview Road (Pole's Hill) to maintain the property as proposed with the aforementioned conditions; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

IX. CERTIFICATES OF COMPLIANCE

RCOC 028-2704 3 Leonard Street

Mr. Schade said there were areas that were proposed to be paved, and they were left as peastone. The plantings and the rest of the area looked good.

Chair Vetere said there were continuing special conditions 13, and 18 that should be noted on the COC. He would like a continuing condition consistent with 310 CMR 10.58(5)(h) added to the COC.

Member Sargent moved to approve RCOC 028-2704 3 Leonard Street with an additional continuing condition; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

RCOC 028-2781 77 Wingaersheek Road

RCOC 028-2845 77 Wingaersheek Road

Mr. Schade said one of these has been before the Commission before, but the plants were not in for long. At this point, the plants look very established.

Chair Vetere said the continuing conditions for both are 13, 19, and 20 and should be noted on the COC.

Member Sargent moved to approve RCOC 028-2781 77 Wingaersheek Road and RCOC 028-2845 77 Wingaersheek Road; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

RCOC 028-3134 69 Rogers Street

Mr. Schade said the pier replacements were installed as proposed and they provided photographs.

Member Sargent moved to approve RCOC 028-3134 69 Rogers Street; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

RCOC 028-1933 3 Welch Lane - Ratification of unissued 2016 COC

X. VIOLATIONS

EO-24-01 137 Wingaersheek Road - 137 Wingaersheek, William Thibeault, Public hearing to discuss Notice of Assessment of Administrative Penalties for failure to comply with Enforcement Order pursuant to Gloucester Wetlands Ordinance Section 12-23(d)(2), Restoration Plan, resource delineation, establishment of demarcated 3-foot wide pathway, and cessation of the use of motorized vehicles on the pathway. Richard A. Nylen, Jr., Esq., Lynch, DeCourcey & Nylen, LLP; Michael DeRosa, DeRosa Environmental Consulting, Inc.

Mr. Schade said they issued a notice of penalties that the Commission voted on at the last meeting. He spoke with Evin Guvendiren since the last meeting to discuss the delineation concerns. They only discussed the delineation of LSCSF, the dunes, and the coastal bank. They did not discuss any of the written portion. He hasn't seen a new plan come in, but they are likely working on it. He was out at the site last week, and the three foot wide path is still not demarcated. It did not appear that there was any additional use of the vehicles. The Commission needs to ratify the notice of administrative penalties.

Suzanne Egan, City Legal, said the Commission voted to assess penalties for a failure to comply with the Enforcement Order. The Enforcement Order was upheld by the Superior Court and to an extent, the property owner's lack of compliance with the EO could be considered contempt with an order of the Court. They could go back before Superior Court and explain that there is an Enforcement Order requiring certain things and they have not complied. They could ask the judge to issue an injunction on that basis, they could find the property owner in contempt of court and issue administrative penalties for their failure to comply. This has been an ongoing issue for numerous years. This could be discussed in an Executive Session.

Member Sargent said he is in favor of an Executive Session.

Member Sargent moved to ratify the motion for administrative penalties for EO-24-01 137 Wingaersheek Road; Member Iliades seconded and was approved by Members Sagent, Iliades, and Vetere.

Joel Favazza, Seaside Legal Solutions, represented and said they might be in violation of state law by issuing fines.

Chair Vetere asked Mr. Favazza to remind the client to stake off the three foot walkway and cease use of vehicles on the pathway.

Mr. Favazza said they have not touched the pathway, and until the restoration plan is approved, it will remain looking as it is.

Chair Vetere said they have seen photographs of the pathway, and the dune grass is naturally revegetating the path. Having the pathway marked with a three foot access area, would allow dune grass outside that area to naturally establish. Any activities outside the required three foot path, would impact the new dune grass. If the applicant would like a different use of the pathway, that needs to be handled under a future application.

Mr. Schade explained the history of the violations on site and the resulting permits.

Mr. Favazza said they would like to treat the incidents as separate and close out the NOI and then proceed with the EO.

Ms. Egan said one of the issues in litigation was the fact that there was an Order of Conditions and an Enforcement Order. During legal proceedings, the homeowner argued that the OOC expired and he didn't have enough time to complete the activities. He was also unable to complete the requirements from the resulting Enforcement Order, so therefore he doesn't have to do it. She said that if you combine the two, the Commission may run into the same situation. She suggested keeping them separate so the matter can be resolved before proceeding with any requests.

Mr. Favazza asked if they would have to wait until the EO is completely closed out and monitored before they would be able to permit an NOI.

Chair Vetere said they would be inclined to extend some grace in terms of overlapping work if they had a demonstration of good faith. However, the Conservation Commission has not seen a demonstration of good faith yet.

EO-24-08 Whistlestop Way Anthony Simboli; Michael Schmidt, Goddard Consulting

Mr. Schade said work has started this week including Phragmites removal.

EO-24-02 227 Atlantic Road (aka 6 Back Shore Place) Anthony Gagliardi

Mr. Schade said there has been nothing new.

EO-25-04 145 Atlantic Road Michael DeRosa, DeRosa Environmental Consulting, Inc.

Mr. Schade said there has been nothing new.

EO-26-01 35 Massasoit Road Joel Favazza, Seaside Legal Solutions, P.C.

Mr. Favazza said they got the survey back showing all the stumps on the property. They are working towards an overarching restoration plan.

XI. OTHER

Mr. Schade said he was contacted by Mike Hale at the DPW regarding 30 Emerson Avenue. There is a homeless encampment on the State property and there was a recent threatening incident that occurred. The Gloucester Police Department requested that some of the vegetation be removed so people in the adjacent building and police cars can keep a better eye on the area. They would like to get this done sooner rather than later due to the proximity to the school, especially with school starting soon.

Member Sargent said there was a previous plan years ago for the same reason.

Mr. Schade said he was told it was a lot clearer historically. On his site visit out there, he noticed most of the vegetation was multifora rose, privet, and knotweed, so the majority of it are invasive species. He said most of this could get started under an Emergency Certificate with an order for public health and safety from the Police Department. He asked what kind of permit and what would be proposed under which kinds of permits.

Member Sargent said the city has a 15 foot right of way through the property to the pier. The area was historically maintained for fishing, picnicking, etc. He believes the land which they are discussing is owned by the Division of Marine Fisheries.

After looking at the street view of the area, Chair Vetere said they would have to clear a lot of vegetation to be able to see the encampment.

Members Sargent and Iliades said it used to be fairly clear and you could see down to the water.

Mr. Schade said they could request that no trees are touched as part of the clearing. They can also leave the root structure intact so erosion isn't increased. They can permit the necessary work now under an Emergency Certificate, and if they would like to do routine clearing to maintain a sightline, that should be permitted through a Notice of Intent.

Chair Vetere said he is concerned they will go beyond what is necessary.

Mr. Schade said he will request they get a map of what they propose to remove and will talk to the land owners.

Mr. Schad also spoke about 51 Wingaersheek Road. He said they do not believe they have to file a Notice of Intent. There is a previous Order of Conditions that hasn't been closed out. There are conditions on the OOC that will impact what they can do now. He went out to the property the other day, and there are some issues with what was originally permitted and what's been built. The current structure is not compliant with the approval. He asked if the Commission would like them to come in to close out the existing OOC and file an NOI for the changes. It looks like there has been some sand removal and dune grass behind the structure. The addition is going over the existing deck and there will be new piles to support it, so there will be ground disturbance.

Chair Vetere said they should come before the Commission.

Member Sargent said they are also within the Upland Edge.

Mr. Schade said in addition to the sand movement, there was also an additional parking area that was created without a permit.

Chair Vetere commented that those sound like violations.

Chair Sargent moved to adjourn; Member Iliades seconded and was approved by Members Sargent, Iliades, and Vetere.

Respectfully submitted,

Assistant Conservation Agent Katie Kneeland