Conservation Commission Hearings
Meeting Minutes – Wednesday, September 24, 2008
Meeting Opened at 7:04 pm
Present: Doug Packer, Worthen Taylor III, Michael Bulgaris, John Hartnett, Les Jones
Excused: Geoffrey Walker
Chairman Packer asked if the members of the Board had an opportunity to read the minutes of the August 19, 2008 hearings and whether there were any corrections; there were none. He made a motion to accept the minutes from the August 19, 2008 meeting; Mr. Hartnett made the first motion to accept and Mr. Bulgaris made the second motion, all in favor. Chairman Packer asked if the members of the Board had an opportunity to read the minutes of the June 17, 2008 hearings and whether there were any corrections; there were none. He made a motion to accept the minutes from the June 17, 2008 meeting; Mr. Hartnett made the first motion to accept and Mr. Taylor made the second motion, all in favor.
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 Monday, September 22, the Jackman’s requested a continuance until the next regularly scheduled meeting. Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion; 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. Chairman Packer asked if the above applicant or a representative were present to speak on the project, no one was present. Chairman Packer recommended that the Board granted a continuance until the next regularly scheduled meeting. Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Michael Kellan (8 39th Street) – A continued NOI to construct a single-family home and to extend driveway on the ROW to provide access to the subject property. On October 14, Apple Associates on behalf of Michael Kellan requested a continuance until the next regularly scheduled meeting. Mr. Bulgaris made the first motion to accept and Mr. Jones made the second motion; all in favor.
Berj & Antonia Terzian (90 Northern Blvd.) – A continued RDA to construct a 9’ X 30’ upper level bedroom, and a deck expansion over existing lower level. ~Tom Hughes from Hughes Environmental summarized the project and provided an update on what they believe to be the outstanding issues; there will be a crane to install the piling(s) from Northern Blvd. The concrete pad has been removed and the stairs have been moved in closer to the structure. The National Heritage application has been reviewed and cleared by MESA. It is their belief that this addresses all outstanding issues. Chairman Packer went to the floor for any abutters and/or other 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 & William Burns (52 Old Rowley Road) – A continued NOI to construct single-family dwelling with associated utilities. Applicant Don Delorey and his Representative Bill Holt from Professional Land Services provided an update on the project, which addressed the abutters well concerns. This is a 3.3 acre site with wetlands located on the rear of the parcel. An abutters well (60 Old Rowley Road) is on this parcel, with an easement, allowing access for maintenance. They are proposing the protection of the abutters well during the construction sequence of events, starting with erosion control to include hay bales and silt fence. They are proposing to move their proposed well location for this parcel to the southerly side of drive way. No fertilizing or de-icing chemicals are to be
used on this site during construction. There will be temporary storage sites for the project, where items will be stock piled. In addition, there will be a pre/post construction inspection of the well, pre/post testing of well water, soil test pit, along with a contingency plan if there is a problem with the well. The abutter Casey McHale came to the table to review the plan, and still has some concerns on the impact to his well as a result of this project. It was agreed by the applicant and the Commission that additional review of a well protection plan would take place, as well as consultation with other necessary parties. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional, he then asked for a motion to continue the public hearing. Mr. Jones made the first motion to continue and Mr. Hartnett made the second motion; all in favor.
Governor’s Academy (off Newburyport Tpke) – An NOI for maintenance of two existing culverts located under Route 1. Board member John Hartnett recused himself from this hearing. Representative Fred Ford from Cammett Engineering provided an overview of the project; the two culvert locations are at the Elm Street Intersection and 3000 feet north (by the Olde Newbury Golf). The Academy desires to clean out and maintain for improved flow through the culverts. Mass Highway is on board in allowing the Academy to do the work. The wetlands were flagged and they are plotted on the plan. There is about 10 yards of dredge material for each culvert. Currently the inlets are fairly clean, the outlets get backed up, and as a result the sediment outlets will be changed, ranging from 4” to 12/15”. There are intermittent streams, but this project is not impacting the resource areas or water quality. Resident Marlene Schroeder from PRCWA stated that we should keep the shoulder as clean as
possible and verify that there is no surface disturbance.
Chairman Packer went to the floor for any abutters and/or other 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.
Andre & Fontaine Dubus (36 Boston Road) – An Abbreviated Notice of Resource Area Delineation to review BVW adjacent to lot. Representative Fred Ford from Cammett Engineering, the client and Chairman Packer walked the site and confirmed the flagging (completed by a NH company in July) of the east side, shared that the front/center was isolated and a ditch along Boston Road. Chairman Packer is very familiar with this site, and has walked it a number of times. He is satisfied with the ANRAD and recommends Commission approval. Chairman Packer went to the floor for any abutters and/or other 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.
Edward Spang (38 16th Tee Street) – An RDA to construct a screen porch on second floor deck. Mr. Spang provided photos of East/South/North sides of structure. The proposed project for the screen porch will be on a deck 16-feet above ground; the porch size will be 7’3”X11’4”. Chairman Packer went to the floor for any abutters and/or other 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. Walker made the second motion; all in favor.
Bill Jordan (13 Fatherland Drive) – An RDA to build a 14’X22’ deck on back of existing garage and associated landscaping. Mr. Jordan provided an overview of the project; he is before the Commission due to a change in project scope. The original proposed garage is 30’X44’ in size; he has changed the size of the garage; it is now 36’X32’ and is 11/2 storys, with a proposed deck to give access to second floor. The deck will be 10-feet off the ground; there is really no impact to the riverfront or adjacent BVW. He also provided his proposed landscaping plan. Chairman Packer went to the floor for any abutters and/or other 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.
John Van Loan (41 Plum Island Tpke) – An NOI to raze existing structure and rebuild new single-family home in approximate location outside the coastal marsh. Board member John Hartnett recused himself from the hearing. The applicant, his attorney Matthew Watsky and Environmental Consultant Tracey Peter. This filing is a result of an Emergency Certificate filed in the spring and at the order of the Building Inspector.
They have spent considerable time trying to find the best place to rebuild, and they feel the current location is not the best place. They have opted to move to a less sensitive location and meet zoning and stay outside the tide flows. The building footprint is smaller, but does have a wrap around deck and they will restore the footprint to the marsh where the building originally was. The walkway from the Turnpike will be elevated. They plan to implement an invasive species management plan to remove the fragmites & pepperweed, otherwise there is marsh salt hay and high tide bush. Board member Geoff Walker added insight to the invasive species, and how well established they are and it will take some time to accomplish the removal they are proposing. Chairman Packer asked some initial questions regarding the
project; (1) What is the decks square footage impact? (2) It seems that the Alternative Analysis is in conflict with the Performance Standards and also noted that the Water & Sewer infrastructure is underneath the proposed boardwalk. (3) Needs to see some elevations and cross-sections (4) Where is the delineation of flagging’s? (5) the floating deck; it will be in the mud at some tide, and it is also in ACEC. Was there a dock previously? No, the proposed is new (6) IS this a stick build, or will a dwelling be moved to site? The are considering a panelized dwelling, and will bring it in sections. It was noted that the power lines are on this side of the street. Resident Ross Wescott asked the question of what was “under” the existing structure; Common Reed and the new structure; Fragmites. Another resident Bob Watt submitted a letter of concerns, which he read to the Board with regard to the proposed structure, and it was
added to the file. Chairman Packer went to the floor for any abutters and/or other questions; there was nothing additional at this time. Chairman Packer and the rest of the Board agreed that a site visit was necessary. They asked the applicant to mark where the proposed house would go on the parcel with 8-foot sticks, so that this could be noted during the site visit. At a minimum for the next meeting, they would like to see a narrative of the impact of the house over the Resource Area and to also provide a cross-section of the structure. The Board and applicant agreed on a site visit and continuance until Saturday October 4 and 9:00 am, the tide would be cooperative at this time.
Extension Permit:
Karen Bolton (88 Northern Blvd.) – An request to extend File# 050-807; to raze existing and construct new dwelling. ~Set to expire January 30, 2009. Chairman recommended the extension permit for this project. Mr. Taylor made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
Certificate of Compliance:
1. Anthony Leo (14 Girard Way) File# 050-668 to raze existing and construct single-family home. Chairman Packer conducted a site visit on Tuesday September 23, and there was some question regarding the turf lawn. It was agreed to table the issue without prejudice, to allow the applicant to respond to Chairman Packer; Mr. Bulgaris made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
2. Linda Collins (3 22nd Street) File# 050-938 to remove 280 sf deck and construct 6’X11’ addition with second story. Chairman Packer conducted a site visit on Tuesday September 23, and found this project to be in substantial compliance and recommend the granting of the Certificate. Mr. Walker made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
3. Jean Guy Girard (85 Northern Blvd.) File# 050-884 for addition and remodel to single-family home. Chairman Packer conducted a site visit on Tuesday September 23, and found this project to be in substantial compliance and recommend the granting of the Certificate. Mr. Taylor made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.
4. Don Delorey (52 Old Rowley Road) – File#050-780 to construct 4-bedroom home with septic and driveway. Chairman Packer conducted a site visit on Tuesday September 23, and found this project to be in substantial compliance and recommend the granting of the Certificate. Mr. Jones made the first motion to accept and Mr. Bulgarismade the second motion; all in favor.
Other Business:
1. Colin Hatchard (65 Plum Island Tpke) – Proposed changes to permitted plan (File# 050-896). Mr. Hatchard stated that the current project includes a proposed structure of 42’X28’, with a 8 foot coantelevered deck and two parking spots. They are proposing removal of the side parking and putting it under the house (reduces impact) and also reduce the depth by 1-foot, and pull the house back from the street slightly and also adding a second means of egress on the side of the house, by cantilevering it out. Mr. Hatchard is also proposing retaining walls under fill and buildable walls between pilings. It was agreed that and updated drawing bearing the Commissions Stamp would be sufficient, and added to the file.
2. Conservation Commission Interviews: Michael Garcia and Ross Wescott. This concludes the interviews for the vacant position on the Conservation Commission.
3. December Meeting Date: ~Can we move December 16 date? It was agreed that the Board will move the December Meeting date until Wednesday December 17, location to be determined.
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