Skip Navigation
This table is used for column layout.
Conservation Commission Meeting Minutes 3-17-2009
Conservation Commission Meeting Minutes
Town Hall – 25 High Road
Tuesday, March 17, 2009
Meeting Opened at 7:02 pm


The members reviewed the minutes from the January 20, 2009 meeting date.  Mr. Jones made the first motion to accept and Mr. Bulgaris made the second motion to accept.

Due to no quorum, there were no hearings held on the meeting date of February 17, 2009

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 March 13, Mr. Jackman requested a continuance until the next regularly scheduled meeting on April 21, 2009.  Mr. Taylor made the first motion to accept and Mr. Bulgaris 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 March 17, Brian Buia from Apple Associates on behalf of Michael Kellan requested a continuance until the next regularly scheduled meeting on April 21, 2009.  Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; 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 April 16, Tracy Peter from Peter Environmental Consulting, LLC on behalf of Mr. Van Loan requested a continuance until the next regularly scheduled meeting on April 21, 2009.  Mr. Taylor made the first motion to accept and Mr. Bulgaris made the second motion; all in favor.

Mike Ricci (14 Davoli Way) – A continued NOI to re-construct and re-model existing dwelling; add porch, utility room and 20’X24’ carport.  Mr. Bob Watt of Construction Advisors and Mr. & Mrs. Ricci were present to provide an overview of the project.  They have been before Zoning and the plan has been approved.   They are not raising the height of the dwelling but will have a floor height increase to approximately elevation 12.  The applicant is proposes to remodel the first floor incorporating a porch area, the re-construction of the second floor; including an extension and deck on pilings.  In addition, they would like to construct a 24’X20’ carport.  Total proposed increase in footprint is 700sf.   Chairman Packer went to the floor for abutters questions and/or queried 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.

Michelle Ouellette (75 Cottage Road) – A continued NOI to raze existing structure and re-construct new single-family home.  Mr. Taylor recused himself from this hearing.  Ms. Ouelette had asked for a continuance in order to complete the Zoning process and allow for comments from DEP.  She has finished up with Zoning and has a decision with regard to the setbacks and there are no issues with DEP; there is nothing further.   Chairman Packer went to the floor for abutters questions and/or queried the Commission; 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.

Town of Newbury (14th/16th/ROW’s and Hutchins Terrace/ROW) – A continued 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).  Chairman Packer provided an update stating that we had received a file # and comment sheet from DEP, along with a subsequent telephone discussion between Doug Packer and Eric Worall at DEP, resulting in DEP’s position that the public access project would require a variance per 310 CMR.  As a result, the local Conservation Commission has decided to deny/refuse this application.   Chairman Packer went to the floor for abutters questions and/or queried the Commission; there was nothing additional; he then asked for a motion to reject the application.  Mr. Bulgaris made the first motion to accept and Mr. Jones made the second motion; all in favor.

Joyce Machiros (2 Old Point Road) – An NOI for the removal of 3 empty underground gasoline storage tanks and piping.  In 2007, the applicant discontinued the selling of gasoline.  They need to remove the tanks and piping per order of DEP.  Mrs. Machiros needs to have all specified equipment removed by 4/16/2009; this includes the three pads that lay over the tanks, the piping that runs in front of the building (including the pad that is over that piping).  They then need to let the area settle with appropriate fill, and will eventually hot top over it.  There are a number of other state/local authorities that are involved with this project.  Chairman Packer suggested Mrs. Machiros speak with the Selectmen regarding the sand located at Olga Way, which would be adequate material for this project and could potentially just involve reimbursing the Town for the cost of the screening of the material.  Chairman Packer went to the floor for abutters questions and/or queried the Commission; there was nothing additional; he then asked for a motion to reject the application.  Mr. Bulgaris made the first motion to accept and Mr. Taylor made the second motion; all in favor.

Marshall Jesperson (Marsh Meadow/26 Orchard Street) – An amended NOI for the replacement of existing pipe at Evinstride Farm with 15-inch HDPE pipe with inverts.  Damon Jesperson explained that the pipe that was originally installed was not working well and has a poor flow.  They plan to replace the existing pipe and place it about 3 feet deep in approximately the same location.  Chairman Packer went to the floor for abutters questions and/or queried the Commission; there was nothing additional; he then asked for a motion to close the public hearing.  Mr. Walker made the first motion to accept and Mr. Hartnett made the second motion; all in favor.

George White (16 Hutchins Rd) – An NOI to renovate interior & exterior and construct an open roof deck.  Representative Bob Watt of Construction Advisors provided an overview of the project along with photos of the property showing the ground area to gauge the current vegetation.  DEP had commented on re-vegetation plan, it may be due to the generic comment that was made in the narrative. The house is not being raised. They have gone through the zoning process, and would like to share that they have voluntarily moved the step off property line.  Chairman Packer asked whether any consideration had been given to the parking, the parking will remain on the street.  Chairman Packer went to the floor for abutters questions and/or queried 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. Walker made the second motion; all in favor.

Russ Krausser (39 Southern Blvd) – An RDA to remove the lattice & replace with sided walls down to within 2-feet of grade, with the final 2-feet remaining as lattice.  Representative Bill Barrett indicated that these are new owners; the house was built about two years ago.  They are proposing the replacement down to the two-feet be the same siding as the house followed by compliant lattice.    Chairman Packer went to the floor for abutters questions and/or queried 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.

Robert True (137 Main Street) – An NOI to demolish existing existing one-car garage and construct a two-car garage with attic. Mr. True indicated that he is proposing removing the existing one car garage and replacing it with a two car garage, staying in approximately the same area and within the setbacks.  Chairman Packer stated that more of an “alternative analysis” should be outlined, stating that though they increased the footprint, they have improved the setback and the Commission would also like to see the measurements from where the garage is to located to the BVW.  There are currently no comments from DEP, nor a DEP number; thus Chairman Packer recommended that this hearing be continued until next month; Mr. Hartnett made the first motion, all in favor.  

John Killam (52 Cottage Road) – An NOI to demolish existing catwalk/pier and re-construction of new pier in same approximate location.  This is a direct replacement of the catwalk.  They plan to reduce pilings from 22 to 17 as well as using a canter lever to ensure the appropriate distance from the banking.  Chairman Packer went to the floor for abutters questions and/or queried 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. Jones made the second motion; all in favor.

Steven Bandoian (41 Annapolis Way) – An NOI to construct an L-shaped addition and accompanying deck to include raising and movement of the dwelling 20-feet south.  Mr. Bill Decie of Kairos Environmental presented an overview of the plan; retain about ¾ of the existing foundation, remove existing decking and construct an L-shaped addition with deck resulting which will move the deck out approximately 3-feet, with an overall increase in footprint of 208 sf.  The abutters (Connors) property was used as a gauge for the decking; Chairman Packer asked that  a marker be put in the sand to indicate where the decking would end.  The overall shifting/movement of the proposed addition will result in a 500 sf save of coverage on the beach side which will be a net gain of a vegetation area.  Mr. Decie and Chairman Packer agreed that since there was neither a DEP File #assigned nor any comments from DEP, a continuance was appropriate; Mr. Taylor made the first motion, all in favor.

Certificate of Compliance:  Linda Collins (3 22nd Street) Re-issuance of Certificate of Compliance for File#050-938 originally date 10/29/08.  Ms. Collins misplaced the Certificate, thus as requested another; all in favor.

Other Business:  Emergency Certificate for 22 Forest Street due to roof collapse; all in favor.


Meeting Adjourned at 9:15 pm
Respectfully Submitted, Susan Noyes