Conservation Commission Meeting Minutes
Town Hall – 25 High Road
Tuesday, January 20, 2009 7:00 p.m.
Present: Geoffrey Walker, Dan Streeter, Mike Bulgaris, Doug Packer, Worthen H. Taylor III and John Hartnett
Meeting Opened at 7:04 pm
Chairman Packer asked if the members of the Board had an opportunity to read the minutes of the December 17, 2008 hearings and whether there were any corrections; there were none. He made a motion to accept the minutes from the December 17, 2008 meeting; Mr. Bulgaris 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. Neither the applicant nor a representative was present for the hearing; Chairman Packer recommended a continuance to the February 17, 2009 meeting date. 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 January 20, Brian Buia from Apple Associates on behalf of Michael Kellan requested a continuance until the next regularly scheduled meeting on February 17, 2009. All in favor.
John Van Loan (41 Plum Island Tpke) – A continued NOI to raze existing structure and rebuild new single-family home in approximate location outside the coastal marsh. On January 16, Tracy Peter from Peter Environmental on behalf of John Van Loan requested a continuance until the next regularly scheduled meeting on February 17, 2009. All in favor.
Town of Newbury (14th/16th/ROW’s and Hutchins Terrace/ROW) – An NOI to create two emergency vehicle access routes (14th/16th/ROW’s) and improvements of a pedestrian access path to the basin (Hutchins Terrace/ROW). Representative David Vine & Peter Baisley from Vine Associates presented the proposed plan, with the supporting plans displayed for review. Generally speaking the Town Right of Way (ROW) roadways are paper streets never developed. There is a 6” base and processed gravel top spillage on grade in some areas; there will be two lifts of material (1) a 6” sub-base and a 6” lift of top gravel. There was a conditional survey done by Vine, a professional survey will be done once the
project has been defined. Any “impediments” would need to be removed. There are 45 degree angles suitable for large emergency vehicles designed into the portion that extends to 14th Street. There will be posts & chains on each end when the road is not in use. Abutter Peter Tingley of 41 16th Tee Street raised concerns about large emergency vehicles taking the corners; it is felt the area is adequate for an emergency vehicle. Abutter Marilyn Spazziano was interested as to whether this would be a foot and bike path when not used in an emergency; again the intent is to keep it blocked when not in use. Abutters Tina & Nick Wallace of 16 Hutchins Terrace did not feel that proposed route was the best option, they also pointed out that they had to acquire an additional parcel next to them that cost them a bit of money, to create an environment such as the one the town is proposing it not only seems unfair, but
also does not seem to be the best alternative. Chairman Packer pointed out that this proposal had the least potential for additional frontage versus the 12th Street, which has three potential “buildable” lots as well as avoiding any W&S infrastructure. Mr. Vine stated that they did attempt to maintain a maximum slope of 10%. In addition, it should be noted that two routes are required per discussion with the Newbury Police Department. Resident Bob Watt stated that the whole area can flood with a Northeast wind and it is a tidal area. Abutter Al Romano of 16th Tee asked if the land would be reconfigured on lots owned by private property; Chairman Packer stated it was likely, and that the specific plans would be reviewed with each homeowner on a case-by-case basis. There was some question why the Hutchins Terrace RO was included on this application; the Town felt it would share its intent to bring Hutchins back
to a 4-foot wide ROW and install a sign on each end indicating that it is a ROW. There was some audience concern that the Town as trying to sneak something in here, Chairman Packer assured them that was not the case. Pat Frye, representative of PITA Hall shared that they are “sponsoring” the application of this project. The intent is for minimal impact, use of smaller equipment to ensure lesser damage to vegetation and items in ROW. Abutter Mary Solderstrom of 14th Street asked where the funding was coming from, that has yet to be determined. Abutters and residents alike are encouraged to come forward with alternate locations, with supporting material. Chairman Packer suggested a continuance until the next regularly scheduled meeting on February 17th, all in favor.
William Garrity (18 Riverfront) – A continued RDA to relocate existing septic northerly away from house and reconstruct the leach field in a more northerly direction. Mr. Garrity stated that the one open item for their application from the last meeting was the need for the Board of Health to approve the plan. On the plan approved and signed by the BOH on 1/5/2009 included an addition in the back, and a grade change. Chairman Packer went to the floor for abutters or questions from the Commission; 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.
Gerald Fandetti (13 Girard Way) – A continued NOI to construct a single-family home. When last heard, there were some abutter concerns surrounding the vegetation on the property. There is various tree vegetation, some dead some live. An abutter requested that prior to any demolition or construction an arborist evaluates the vegetation. This is a difficult time to find an arborist, as are the current weather conditions. They are proposing that they defer this until spring with the Commissions approval. There is a driveway area that blends into Girard Way; this is the material at end of Girard that is a result of snow plowing. They propose using this deposited material to grade this area of the driveway. A piling plan submitted, and they will attempt to position the driving
equipment where old foundation was, to limit disturbance. Zoning wants elevation of building reduced, which doesn’t affect the filing of this project. Chairman Packer went to the floor for any further abutter and/or questions from the Commission; there was nothing additional; he then asked for a motion to close the public hearing. Mr. Hartnettt made the first motion to accept and Mr. Taylor made the second motion; all in favor.
Art & Linda Tweedie (99 Northern Blvd.) – A continued RDA to install walkway from gravel drive to entry door. Representative Mr. Jay McPharland presented an overview of the project; they are proposing 72 sf of walkway from the existing driveway to the front door at ground level, 42” wide. Adding this walkway is still within the lot coverage. Chairman Packer stated that this project is consistent with the church project (Northern Blvd.) walkway, was completed through an ACO (administrative consent order). Chairman Packer went to the floor for abutters or questions from the Commission; 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. Hartnett made the second motion; all in favor.
Peter Murphy (10 Northern Blvd.) – An NOI to jack existing house and place on steel pilings, raze garage and construct deck and stairways. Bob Watt from Construction Advisors presented the project. The elevation is 15.2. They plan to remove two porches, front & back, as well as the garage. Given the location, would like to raise the house with jacks to 22 feet, and turn the house 90 degrees. They are proposing adding an addition of 107 sf to the east side of the house; however this has been denied by DEP. DEP also asked how much of existing foundation will be left; none. They have also improved the setback; one-foot off the lot line on the north side. Chairman Packer stated that they would add a condition to allow a four-foot shift, if zoning requires or leaves hearing open. They are proposing the east side of the building for re-vegetation. Where the current garage is located is the proposed area for parking, the area will be reduced and will add additional re-vegetation.
The surveyor will set ties for the 4-foot shift should that need to take place, and will notify Conservation should that shift take place. Abutter Gerry Sullivan was interested in the improved set back and understanding more about what that met, the discussion and a review of the plan addressed that question. Chairman Packer went to the floor for additional abutter or questions from the Commission; 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. Hartnett made the second motion; all in favor.
Mike Ricci (14 Davoli Way) – An NOI to re-construct and re-model existing dwelling; add porch, utility room and 20’X24’ carport. Bob Watt from Construction Advisors and the applicant presented an overview of the plan. The current sf of the dwelling is 1616 sf and 1639 sf is allowed. They plan on 700 sf of re-vegetation. The addition will compose of a 480 sf carport and 170 sf added to the house. DEP submitted comments stating that this project is not consistent with accessory project. The applicant requested a continuance until the next regularly scheduled Conservation Meeting in February, allowing an opportunity to address concerned raised by the Commission. Chairman Packer went to the floor for abutters or questions from the Commission; there was nothing additional; he then
asked for a motion to continue the public hearing. Mr. Bulgaris made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Michelle Ouellette (75 Cottage Road) – An NOI to raze existing structure and re-construct new single-family home. Commission member Mr. Taylor recused himself from this hearing. Applicant Michelle Ouellette provided an overview of her plans for a new dwelling, supported by pictures and a general drawing. Ms. Ouellette is close to the property lines on the West and North sides, and intends to improve the setback as close to 10 feet as possible, while also improving the wetland setbacks. This is a tidally influenced area at an 11 foot elevation. The garage minus the utility room will be at a 9 foot elevation. The proposed dwelling will be a slab with footings. Chairman Packer went to the floor for abutters or questions from the Commission; there was nothing additional; he then
recommended a continuance until the next regularly scheduled meeting to allow for DEP comments as and zoning decision; Ms. Ouellette agreed. Mr. Walker made the first motion to continue the public hearing and Mr. Hartnett made the second motion; all in favor.
George Haseltine (32R Old Point Road) – An NOI to install an 8’X8’ pre-fabricated shed. The applicant Mr. Haseltine stated that he wanted to install an 8’X8’ shed, and provided a photo of the area. He also provided measured points to the shed from the property line. A very simple project. Chairman Packer went to the floor for abutters or questions from the Commission; 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. Hartnett made the second motion; all in favor.
motion to accept and Mr. Hartnett made the second motion; all in favor.
Certificate of Compliance:
Mary Mondalto (14 Davoli Way) – DEP File# 050-930 for the repair and maintenance of seawall. John Sava architect submitted the as built, and Chairman Packer conducted a site visit on January 20. Chairman Packer stated the project was in substantial compliance, and would recommend the granting of the Certificate. Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion; all in favor.
Extension Permit:
Kyle Adams (42b Cottage Road) – DEP File# 050-835, set to expire March 13, 2009. Chairman Packer recommended the extension; Mr. Hartnett made the first motion to approve the extension and Mr. Taylor made the second motion; all in favor.
Respectfully Submitted, Susan Noyes
Meeting Closed at 9:30 p.m.
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