The Commission may grant a waiver or partial waiver of the 100-foot
no-disturbance zone for vernal pools performance standard and impose
such additional or substituted mitigation requirements as it determines
are warranted or necessary, based on the applicant's presentation
of evidence sufficient to demonstrate, by a preponderance of credible
evidence, that:
A. No alternative. There are no feasible or practicable alternatives
that would allow the project to proceed in full compliance with the
applicable performance standards; and
B. Impacts minimized and mitigated. Any adverse effects on any protected
interests are minimized, by carefully considered and environmentally
sensitive project design, and appropriately mitigated to offset any
impacts such that the project will, including mitigation measures,
protect the interests identified in the ordinance. The Commission
shall require such mitigation measures as it determines necessary
to offset impacts to the 100-foot no-disturbance zone. For example,
the Commission may require the permanent preservation of additional
upland areas to compensate for the requested alterations, improvements
to previously damaged areas on-site, invasive plant eradication, or
monetary or other improvements to other, off-site public areas that
would improve wetland resources elsewhere in Beverly.
The Commission may grant a waiver or partial waiver of the 25-foot
no-disturbance zone or 50-foot no-build zone performance standards
and impose such additional or substituted mitigation requirements
as it determines are warranted or necessary, based on the applicant's
presentation of evidence sufficient to demonstrate, by a preponderance
of credible evidence, that:
A. No alternative. There are no feasible or practicable alternatives
that would allow the project to proceed in full compliance with the
25-foot no-disturbance zone or 50-foot no-build zone performance standards;
and
B. Impacts minimized and mitigated. Any alteration to the 25-foot no-disturbance
zone or 50-foot no-build zone is 1) minimized, by carefully considered
and environmentally sensitive project design and consideration of
reasonably available alternatives, and 2) appropriately mitigated.
The Commission shall require such mitigation measures as it determines
necessary to offset impacts to the 25-foot no-disturbance zone or
50-foot no-build zone. For example, the Commission may require the
permanent preservation of additional upland land to compensate for
the requested alterations, improvements to previously damaged areas
on-site, invasive plant eradication, or monetary or other improvements
to other, off-site public areas that would improve wetland resources
elsewhere in Beverly; and
C. No adverse impacts to adjacent resource area. The project, or its
natural and consequential effects, will have no adverse impacts on
the interests or values of the adjacent wetland resource area.