Conservation Commission Hearings
Meeting Minutes – Tuesday, June 17, 2008
Meeting Opened: 7:02 p.m.
Present: Doug Packer, Geoffrey Walker, Worthen Taylor III, Michael Bulgaris, John Hartnett, Les Jones
Excused: Sue McLeroth
Beacon Properties/The Village at Little River - Wetlands Update
Howard Cohen from Beacon Properties presented a brief summary of the project; 99 acres, they will develop 63 acres and the remaining will go into a Conservation Restriction. There are no natural wetlands impacted, and they will abide by the 25 foot no disturb, and 50 foot no build guideline and are filling no wetlands. Some contamination exists at site under prior ownership, and they have agreed to clean it up. The Utility line area will be used as a rail trail. He gave a handout of “Sustainability Synopsis”, which is now an Exhibit to the Development Agreement. Marlene Schroeder stated that the Newbury Open Space Committee has given their endorsement to this project. Don Bade of Parker River Clean Water Association (PRCWA) has also given their endorsement to this project.
Fred Jackman (68 Green Street) – A continued NOI for roadway maintenance, drainage, ditches, utility pole installation and wetland mitigation at the junction of Emery Lane/Plummer’s Lane/Low Street. On June 11, the Jackman’s requested a continuance until the July 15, 2008 meeting date. Mr. Walker made the first motion to accept and Mr. Jones made the second motion to accept; all in favor.
Berj & Antonia Terzian (90 Northern Blvd.) – A continued NOI for a 125 sq. ft. addition to existing single-family home and a 15X15 ft. addition to the lower deck. On June 16, the Terzian’s requested a continuance until the July 15, 2008 meeting date. Mr. Taylor made the first motion to accept and Mr. Walker made the second motion to accept; all in favor.
Liberti Sabatino Trustee/Meadowbrook Realty Trust (191 & 195 Scotland Road) – A continued NOI for the development of the 28-acre parcels of land, including construction of 1,650 fee of roadway and 21 cluster type lots. On June 10, the applicant’s representative, Ben Osgood from NE Engineering has requested a continuance until the July 15, 2008 meeting date. Mr. Hartnett made the first motion to accept and Mr. Jones made the second motion to accept; all in favor.
Duncan Noyes (12 Plum Bush Downs) – A continued RDA to build an 8’X18’ deck. The applicant has received the necessary response from National Heritage in order to move forward. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Hartnett recused himself. Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion; all in favor.
Heide Holmes (32 Old Point Road) – An NOI to construct an addition to a single-family home. The applicant Ms. Holmes presented an overview of the project; her plans include moving the kitchen and adding one bedroom, which will be put on pilings. Photos of the site were shared and will be added to the file. It meets all setbacks, FAR and lot coverage requirements of the local bylaws. Chairman Packer stated that this does seem to be a change of plans from the original NOI, and asked if the new set of plans had been given to DEP. Ms. Holmes stated that they have not. Chairman Packer asked that a full copy of the new plans be sent to DEP for review, and a continuance would be necessary to allow DEP time to review and submit any comments that they may have. Chairman Packer went to the floor for
abutters or questions; there was nothing additional; he then asked for a motion to continue the public hearing. Mr. Jones made the first motion to accept and Mr. Taylor made the second motion; all in favor.
Stephen Peabody (14 51st Street) – An RDA to replace curbstone. Mr. Peabody presented an overview of the project, and photos of what the site currently looks like. His plans call for the curbstone area to be no more than 18” in average height. Chairman Packer stated that the project should be no more than one-foot above adjacent grade; Mr. Peabody agreed and this will become a condition of the Determination. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Don Delorey (50 Old Rowley Road) – An RDA to conduct a perk of property accessing area through marsh, BVW, and buffer zone. The neighbors did not want a cut-through, so they need an alternative entry. They are proposing access through a BVW for a temporary road; very flat, will put silt fence down. There may be some minor impacts and protect as much as possible, if there is any damage they will be responsible for repair. Again, this is only for the perk. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
Roger Williams (10 Plum Bush Downs) – An RDA to repair an existing dock. Representative Andrew Haley provided an update on the plan, that DEP (Rachel Freed) has now approved . Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Bulgaris made the first motion to accept and Mr. Walker made the second motion; all in favor.
WiIliam Morrison (247 Middle Road) – An NOI to relocate existing dock. Mr. Morrison stated that the change to Thurlow’s bridge has caused about 12-feet of loss to banking. They would like to relocate (purchased adjacent lot). It is approximately a 4’X20’ area to be uses as a new platform/dock. They will stay away from any soft banking. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion; all in favor.
Barbara Provencher (6 51st Street) – An NOI to remove and replace front stairs and replace existing shed with a 10’X12’ shed. Mr. & Mrs. Provencher provided a summary of the plan; they have a 4’X8’ roof over stairs. They are proposing to replace the stairs and add a 4’X8’ platform. In addition, they would like to replace their 10”X10’ shed on property. Chairman Packer shared that they are allowed 958 sf of lot coverage, and their proposed project would bring them to 971 sf of lot coverage. The Commission would allow for an 8”X8’ in-kind replacement for the shed. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the
public hearing. Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion; all in favor.
Essex County Greenbelt (Scotland Road) – An RDA to install a viewing platform. In 2006, ECG acquired the land, and would now like to install a viewing platform for birders. This is as much for safety as it is convenience. They are proposing the location in the left corner, right off of Scotland Road. It will be a 12”X12” platform with ramp on posts. They intend to do all work by hand; nine holes with 6”X6” pilings. They will be outside the wetland, but in the buffer zone. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Taylor made the first motion to accept and Mr. Walker made the second motion; all in favor.
Aimee Blouin (5 Collins Way) – An NOI to rebuild existing structure destroyed by fire and increase footprint by 139 square feet. Representative Bob Watt from Construction Advisors presented an overview of the plan, which has been approved by Zoning. The proposal is for the re-construction of a single-family dwelling on the existing foundation (5 ½ feet above flood), which will include a deck expansion and an entryway, which will enlarge the original footprint by 139 sf. About five sonotubes and 20”X48”X6” stair pads are proposed for the expansion areas. The existing parking is the largest obstacle. There is no Collins Way entrance, neighbors prefer Roy Ave; which why the parking is as it is proposed. Chairman Packer went to the floor for abutters or questions; there was
nothing additional; he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
Roland & Lorraine Blanchard (3 42nd Street) – An NOI to convert existing deck to enclosed sunroom of the same dimensions. Jim Dachos from Wintergreen Solariums presented an overview of the project which has no increase in footprint; the proposal is to utilize the existing deck and also add additional joists and three additional sona tubes. Abutter at 124 Northern Blvd asked a question of the stone wall that appeared, likely without a permit. Chairman Packer indicated that this stone wall issue would be taken up separately via a phone call to the homeowners, and should not impact this project. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Walker made the first
motion accept and Mr. Jones made the second motion; all in favor.
Jocelyn McLaughlin (2 Plum Bush Downs) – An RDA to remove existing back (eastside) deck and replace with new deck and replace existing stairs on the south side of dwelling. Andrew Sidford from Sidford Architects along with Ms. McLaughlin presented an overview of the plan. The applicant intends to merely do a replacement of both an existing deck and stairs. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Cottage Road (Map R11, Lots 36 & 38) – An RDA to repair & improve existing road for public and emergency access. Ms. Kathy Killam of 52 Cottage Road presented the project on behalf of the homeowners. The property lines for the subject lots have been surveyed, and they are not concerned with 22 foot easement, they are concerned about where the road will go. The proposal for the new access is the same as the old; however the goal is to keep in as non-invasive as possible. This involved removal and/or trimming of existing vegetation. For example, 50% of the cherries are dead and need to come down to support a 12-foot wide road access. Ms. Linda McKenna stated some concern over what trees were going to be cut down, there was assurance that they would only take down what was necessary. Two
abutters (Morgan Chickering and John Brotcapus (sp?) shared their support of this project. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Jones made the first motion accept and Mr. Taylor made the second motion; all in favor.
Linda Richardson (200 High Road) – An RDA to build a 12’X16’ shed. Ms. Richardson stated that she would like to install a 12’X16’ shed in BVW. Though it is a straight-forward project, Chairman Packer asked for a couple of ties off the house versus lot lines for the project. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Scotland Woods LLC (6 Livingstone Lane) – An RDA for septic system construction and associated grading. Representative John Rausch presented the plan for the project, which is within 100-feet of the buffer zone. The necessary silt fence and hay bails will be erected to provide a barrier. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Taylor made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
Tom Shanley (14 Maple Terrace) – An RDA for a 1,410 square foot addition on the Southeast and west sections of existing dwelling. Representative Fred Ford from Cammett Engineering presented an overview of the plan. The property was flagged in May of this year; the proposed addition just touches the buffer zone (94 feet). The existing septic is tied to two leaching fields, may need some pipe relocation to leaching field, will be identified once they start digging. They have spoken with the Board of Health informally; there is no increase in bedrooms. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Hartnett made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
Robert Day (15 Fordham Way) – An NOI to enclose approximately 900 square foot of existing footprint under house. The applicant Mr. Day provided an overview of the project and showed photos to the Board. On the front (ocean), left and right sides of the house, they are proposing to construct walls 6 feet down from bottom of house, 2 feet from ground level. The remaining 2 feet will have lattice installed with 50% exposure. Two garage doors are to be installed at the rear of the house. Chairman Packer shared that garage doors have been previously permitted. DEP’s handling of lattice installations has been inconsistent; though this Board has permitted lattice within 2 feet from the ground level and 50% open. If the Board approves the NOI, Mr. Day would like to proceed with the
Order and work with DEP on any objections that they may have. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Bulgaris made the first motion to accept and Mr. Jones made the second motion; all in favor.
Michael Kellan (8 39th Street) – An NOI to construct a single-family home and to extend driveway on the ROW to provide access to the subject property. Representative Karen Westphalen from Apple Associates provided an overview of the plan for a two-story single family home. They proposal includes an 8-foot wide driveway of gravel, which will be extended to ROW to the paved section of the Road, with the existing grading maintained. Chairman Packer shared that there are a number of challenges with this filing; (1) it is not slated as a buildable lot (2) there is no betterment (3) there is no frontage on the street (4) does not meet PIOD (5) ROW proposal needs to be addressed with Selectmen (6) the grades, width, traffic, etc. road related items need to be discussed and approved with the
Planning Board and (7) the applicant owes the Town back taxes. From the audience a Mr. Paul Carol introduced himself as an Attorney for Michael Kellan, and wants to understand the obstacles and with the hope of resolving them. Chairman Packer went to the floor for abutters or questions; there were a number of abutters from 37th Street, 124 Northern Blvd (front door on 39th) is this 50 feet from high water mark?, 5 39th Street (Armand Deluca) isn’t this on primary frontal dune, 3 39th Street (Mills). Chairman Packer stated that there were a number of hurdles to clear when/if this project moves forward with the Conservation Commission. Chairman Packer recommended that this hearing be continued until the next meeting date of July 15, and Ms. Westphalen was in concurrence. Mr. Jones made the first motion to continue and Mr. Hartnett made the second motion; all in favor.
Nancy Shaw Kilty (28 Southern Blvd.) – An RDA to repair existing patio by adding sleeper style decking. Ms. Kilty would like to repair by replacing the 6’X6’ area with criss-cross boards and add
decking. They plan on planting some rosa rigosa as well as remove concrete around house and replace with pea stone. Chairman Packer went to the floor for abutters or questions; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Bulgaris made
the first motion to accept and Mr. Taylor made the second motion; all in favor.
Certificate of Compliance:
Jerrard Whitten (15 Northern Blvd.) – DEP File # 050-576 for relocation and elevation of existing dwellilng. Chairman Packer conducted a site visit on May 15, and found the project to be in substantial compliance. Mr. Jones made the first motion to accept and Mr. Bulgaris made the second motion. All in favor.
Daniel Gurlitz (50 Old Point Rd) – DEP File # 050-760 Order expired/work never commenced; new Order issued 050-971. Chairman Packer shared that the Order had expired and work never commenced. Ms. McLeroth made the first motion to accept and Mr. Taylor made the second motion. All in favor.
William Barrett (42 Southern Blvd.) – DEP File# 050-853 to relocate and renovate single-family home. Chairman Packer conducted a site visit on May 15, there was a minor change to stairway and the parking area was split, though still within proposed size. There was more than adequate mitigation. As such, he found the project to be in substantial compliance. Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion. All in favor.
Tim Wareham (10 20th Street) – DEP File# 050-931 to raise existing structure. Chairman Packer conducted a site visit on June 16, and found the project to be in substantial compliance. Mr. Hartnett made first motion to accept and Mr. Jones made the second motion. All in favor.
Roger Daniel (56 Old Point Road) – DEP File# 050-794 for 12’X12’ 3-season room on a portion of existing deck. Chairman Packer conducted a site visit on June 16, and found the project to be in substantial compliance. Ms. McLeroth made first motion to accept and Mr. Taylor made the second motion. All in favor.
Other Business:
Emergency Certificate: Jeanne's Restaurant (2 Northern Blvd.) for partial deck removal at 2 Northern Blvd.
James Stanton (26 Annapolis Way); Proposed Change. Representative Bob Watt from Construction Advisors stated that they needed to add another means of egress, that was inadvertently left out of the initial plan. They are proposing a 20 foot (20 square foot) spiral staircase. Chairman Packer stated that they already seem to have about 20% lot coverage, is there anything that can be given up. Mr. Watt showed that the as-built seems to show that they are under by approximately 30-35 square feet, will have architect justify. The Commission proposed that wherever the staircase, it should be placed over the approved inside deck as shown on the plan. Mr. Hartnett made the first motion to accept and Mr. Jones made the second motion. All in favor.
Respectfully Submitted, Susan Noyes
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