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Conservation Commission Meeting Minutes 1.31.2011
Conservation Commission Meeting Minutes
Town Hall - 25 High Road
Monday, January 31, 2011 at 7:00 pm


Meeting Opened at opened at 7:02 pm

Present:  Chairman Packer, Les Jones, Jim Cunningham, Dan Streeter, John O’Connell
Excused: Worthen H. Taylor II


Fred Jackman (Emery Lane/Plummer’s Lane/Low Street.) – A continued NOI for roadway maintenance, drainage, ditches, utility pole installation and wetland mitigation at the junction of Emery/Plummer/Low roadways. Mr. Jackman is still in litigation with regard to this parcel and would like to continue this hearing to the next meeting date.

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.  The applicant was directed to go through the Zoning process by the Board of Selectmen with regard to the Boardwalk.  The Newbury Building official has not had a conversation or received a request in the last 3-4 months.  The Commission has historically asked the applicant or his representative to notify the Commission of status, we’ve received no updates.  Chairman Packer recommended the Commission drop this hearing from the agenda without prejudice.  Mr. Cunningham made the first motion to accept and Mr. O’ Connell made the second motion; all in favor.

Leonard Dobson (38 Old Point Road) – A continued NOI to construct a two-story addition over existing deck.  Mr. Dobson is still in litigation with regard to this dwelling and would like to continue this hearing to the next meeting date.  

John Feather & Dorothy Brooks (56 Fordham Way) – A continued NOI to replace/repair existing fence and create driveway access to external storage area.  The applicant nor a representative were present, nor have we heard from the applicant in some time.  Agreed to reach out and let the applicant know that they must provide an update or the Commission will need to drop them from the agenda on 2/15/11.  Mr. Streeter made the first motion to accept and Mr. Cunningham made the second motion; all in favor.  

Mass Wind LLC (8 Middle Road) – A continued RDA for the construction of three wind turbines.  Agreed to reach out and let the applicant know that they must provide an update or the Commission will need to drop them from the agenda on 2/15/11.  Mr. Cunningham made the first motion to accept and Mr. Hartnett made the second motion; all in favor.  

Kerry Murphy (82 Northern BLvd.) – A continued RDA to repair existing foundation in the front right corner.   .  Agreed to reach out and let the applicant know that they must provide an update or the Commission will need to drop them from the agenda on 2/15/11.  Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion; all in favor.  

M. Catherine Welch (107 Main St) – NOI to replace septic system for existing single-family family dwelling.
Representative Bill Holt from PLS presented the plan for replacement of an existing septic system.  The existing leach area will be abandoned and a new poly-liner septic system will be installed with the necessary silt fencing erected.  The finished surface of the leaching area shall be graded to assure water run-off.  Chairman Packer went to the Board for questions, there were none; then to the audience for abutters or anyone else who had a question, there were none.  Chairman Packer made a motion to close the public hearing.  Mr. Hartnett made the first motion to accept the project as presented and Mr. Jones made the second motion; all in favor.

Daniel & Dianne Romanos (20 Independence Way) – An NOI to expand on existing deck and convert and existing deck of 10’X16’ to a screened porch.    Representative Paul Leone presented an overview of the project, along with photographs of the existing conditions.  Mr. Streeter asked where the mitigation for the additional footprint will take place.  The applicant is proposing the rear most area of the property for 36 sq. ft. of replication, and will send a follow-up email to the Commission with photos and intent.  Chairman Packer went to the Board for additional questions, there were none.  Chairman Packer went to the audience for abutters or anyone else who would like to speak on the project, there were none.  Chairman Packer made a motion to close the public hearing.  Mr. Jones made the first motion to accept the project as presented and Mr. Streeter made the second motion; all in favor.

Francis & Barbara Tobin (14 Northern Blvd) – An RDA to construct a roof over existing 18’X6’ deck.    Mr. & Mrs. Tobin presented the project along with a drawing of the proposed work, being constructed over an existing footprint. The Commission stated that the project could move forward, with the reminder that it is “all-open” with just a roof.  Chairman Packer went to the Board for additional questions and then to  audience for abutters or anyone else who would like to speak on the project, there were none in either case.  Chairman Packer made a motion to close the public hearing.  Mr. O’Connell made the first motion to accept the project as presented, with the notation that the porch shall not be closed in and Mr. Jones made the second motion; all in favor.

Paul & Denise Maloney (3 32nd Street) – An RDA to install pad for propane generation.  The applicants would like to install a concrete pad for the purposes of a generator and provided a drawing.  Many of their neighbors have generators as an alternative source of power during outages.  Chairman Packer went to the Board for additional questions and then to  audience for abutters or anyone else who would like to speak on the project, there were none in either case.  Chairman Packer made a motion to close the public hearing.  Mr. Cunningham made the first motion to accept the project as presented and Mr. Jones made the second motion; all in favor.

John Wishnok & Judith Chaffee (2 Melody Lane) – An NOI to construct a 6’X12’ addition off living room area.  The applicant nor a representative were present, Chairman Packer recommended that the Commission continue this hearing to the next meeting date, February 15th.  Mr. Jones made the first motion to accept and Mr. Streeter made the second motion; all in favor.

CMF Associates, LLC (30 Northern Blvd.) – An NOI to construct single-family dwelling within a coastal dune.   The applicant has requested a continuance until the next meeting date, February 15th.  Mr. O’Connell made the first motion to accept and Mr. Cunningham made the second motion; all in favor.  


Emergency Certificates:

Tim Tracy (28 53rd Street) – Installation of Coir Envelopes, the Emergency Certificate will follow the outline of the Newburyport Emergency Certificate, as the property is on both in Newbury and Newburyport.  Chairman Packer recommended that the Board endorse the Emergency Certificate, Mr. Cunningham made the first motion to accept and Mr. O’Connell made the second motion; all in favor.

Gary Litchfield (27 Annapolis Way) – to raze existing structure as ordered by Building Commissioner.  Chairman Packer stated that per order of the Building Inspector, the structure needed to be taken down.  Though the homeowner does have an Order of Conditions, it was felt that an Emergency Certificate would be a safe step in this process.  Chairman Packer recommended that the Board endorse the Emergency Certificate; Mr. Streeter made the first motion to accept and Mr. Cunningham made the second motion; all in favor.      

Easterly most Properties on Plum Island – Emergency Beach Scraping.  Chairman Packer stated that this Emergency Certificate was issued by the Town of Newbury with the special condition that all other necessary permits must be obtained by and are the responsibility of the applicant.  Chairman Packer recommended that the Board endorse the Emergency Certificate; Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion; all in favor.    


Other Business:  

1)  Peter Rosen – Test borings for Tzitzenikos.  Mr. Rosen was present on behalf of his applicant and shared that this project was appealed by DEP and they are now in the MEPA process.  His applicant is prepared to move forward, but would like to push continuous coir in the soil, to determine that it has fill and is a deregulatory dune.  The plan is to install a plastic tube with fill from the bottom to the top, and pull it to be tested.   Chairman Packer asked for a motion to allow the property owner to temporarily install test borings, Mr. Jones made the first motion and Mr. O’Connell made the second motion; all in favor.

2) Newburyport/Parker Street Culvert – Chairman Packer met with the representatives for Newburyport on this project.  They are in their preliminary stages, and because this project will also affect Newbury they wanted to present their initial findings.  Chairman Packer advised on a number of areas, and would expect to hear back from them.



Meeting adjourned at 10:15 am
Respectfully submitted, Susan Noyes


Pursuant to the 'Open Meeting Law,' G.L. 39, § 23B, the approval of these minutes by the Commission constitutes a certification of the date, time and place of the meeting, the members present and absent, and the actions taken at the meeting. Any other description of statements made by any person, or the summary of the discussion of any matter, is included for the purpose of context only, and no certification, express or implied, is made by the Commission as to the completeness or accuracy of such statements.