Conservation Commission Meeting Minutes
May 17, 2011 at 7:00 pm
Meeting Opened at 7:02 pm
Present: Chairman Doug Packer, Dan Streeter, Jim Cunningham, John Hartnett, Les Jones, John O’Connell
Excused: Worthen H. Taylor II
Leonard Dobson (38 Old Point Road) – A continued NOI to construct a two-story addition over existing deck. Mr. Dobson is waiting for a court decision with regard to this dwelling. Chairman Packer recommended a continuance of the hearing until the next meeting date. Mr. Cunningham made the first motion to accept and Mr. Streeter made the second motion; all in favor.
Mass Wind LLC (8 Middle Road) – A continued RDA for the construction of three wind turbines. In February Representative Jonathan Markey of Meridian Assoc. indicated that their applicant is seeking financing alternatives. In addition, they intend to modify their existing plan to one turbine on the upland.
Called and spoke with Representative Jonathan Markey on May 12, 2011. There are circumstances that he cannot talk about at this time. He requested that the hearing be dropped from the agenda without prejudice. They would expect to file again in approximately 4-6 months. Chairman Packer recommended that the hearing be dropped without prejudice. Mr. Hartnett made the first motion to accept the hearing being dropped without prejudice and Mr. O’Connell made the second motion; all in favor.
CMF Associates, LLC (30 Northern Blvd.) – A continued NOI to construct single-family dwelling within a coastal dune. Representative Mr. Novak is requesting a continuance, due to a parking requirement that has been identified. They would like this additional time to submit an application for denial to the building inspector/zoning enforcement official. The applicant would likely ask for consideration of a single 10X24 parking space versus asking for two parking spaces. Chairman Packer moved to write a letter to zoning stating this the Commission’s recommendation for a single parking space for parcels that fall under these conditions. Applicant needs to go through the zoning process and asked for a continuance until the June 21, 2011 meeting date. Mr. Streeter made the first
motion to accept and Mr. Cunningham made the scond motion; all in favor.
James Swallow (91 Old Point Road) – A continued NOI to construct a single-family home. The applicant nor their representative were not present. Chairman Packer recommended a continuance until the next meeting date; Mr. Cunningham made the first motion to accept and Mr. Streeter made the second motion; all in favor.
Town of Newbury (off Middle Road) – A continued NOI for the replacement of hydraulic control structure (weir) and installation of culvert as replacement for a prior crossing structure. Site walk completed; agreed weir is necessary. Engineering plan on file from January 2004 then again in January 2005; it was agreed to put in place what was there (in-kind). However, a weir inclusion would not be in-kind. The issue seems to be the control structure, not the culvert. NOI had an allegation about so many invasive species due to the structure being removed (i.e., weir that was there). The Commission was in agreement that Engineering should be done to correctly propose and construct the best solution for this property. Chairman Packer went to the audience and then to the Board for questions,
there were none. Chairman Packer entertained a motion to close the public hearing. Mr. Hartnett made the first motion to accept contingent on the receipt of engineering study/plan of the culvert/weir and any other necessary structures. Mr. Jones made a second motion; all in favor.
Mass Division of Fisheries & Wildlife (Martin Burns WMA) – RDA for habitat management. In 2005 they were issued an Order of Conditions, but there has been additional sprouting and maintenance is needed with approved herbicides to remove invasive plants and allow native plants to take hold. The plan has been approved within the agency, not posted on their website (which is why management plan is marked as draft) but the plan has been approved and is final, there will be a public site walk before project starts. Packer went to the audience and then to the Board for questions, there were none. Chairman Packer entertained a motion to close the public hearing. Mr. O’Connell made the first motion to accept and Mr. Jones made the second motion to accept; all in favor.
TEC Associates (MBCR Right of Way) – RDA for vegetation management of Mass Bay Community Railway. Representative Kyle Fair from TEC Associates was there to present an overview of the project. The delineation is the same as what was approved in 2005 as they did not feel it necessity to modify it. But took a few moments to explain their approach; It was delineated by zone, the dark blue is the spray zone. There is an on track vehicle that does the maintenance; 10-feet on either side (yellow line). The light blue is a sensitive area and they are required to use certain material as outlined by DEP. They have a permanent marker system with paint, so the vehicle can detect the treatment area and what the treatment is. Chairman Packer went to the audience and then to the Board for questions, there
were none. Chairman Packer then entertained a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
Norman Rubin (123 Northern Blvd) – NOI to repair existing drive with clamshells & pavers and install a new fence. Driveway wraps around the house. Gray area with clamshells, dark gray with pavers, then replace area around it with a fence. This is there delayed replacement of driveway from the W&S work. Work had already commenced until Chairman Packer kindly stopped by and informed them that their work should not continue w/o a permit. Chairman Packer stated that his only concern is compliant fencing; as it has begun to be replaced as solid fence. Removing every other picket would resolve this issue. Chairman Packer went to the audience and then to the Board for questions, there were none. Chairman Packer then entertained a motion to close the public hearing. Mr.
Cunningham made the first motion to accept and Mr. Streeter made the second motion; all in favor.
Triton Regional School System (112 Elm Street) – An RDA to repair/replace existing roadway/sidewalk with bituminous concrete and drainage, in-kind. Chris Walsh, TRSD Facilities Manager there is approximately 1170 sf of pavement (original) that needs to be replaced at the school; was never repaved during the construction of the new building in 1999. Will pulverize existing asphalt in place if there is any extra the Town of Newbury would be willing to take any excess material. Recommend that they place cover over the catch basins during the project time, using Mass Highway standards. John O with conditions and pre-construction conference, best practices for catch basins and silt fence a half moon around pond area and hay bails in pipe area. There would be a notification to
Conservation approximately 24-48 hours prior to start.. Chairman Packer went to the audience and then to the Board for questions, there was nothing additional. Chairman Packer then entertained a motion to close the public hearing. Mr. O’Connell made the first motion to accept and Mr. Streeter made the second motion; all in favor.
Frank Hughes & Emily Narris (24 Old Rowley Road) – An RDA to install concrete retaining wall within 100-feet of the buffer zone. Home owner Frank Hughes. The property was not graded and finished off since the septic was installed. Has 4 acres and just 1 acre of upland. John O suggested touching based with BOH on the retaining wall; in the event you are retaining a leaching field. The system operates fine without the retaining wall and was not contingent on the BOH Order. The resource area would be more protected as the fresh water will be draining away from the marsh. This would require a building permit and engineering plans prior to construction. . Chairman Packer went to the audience and then to the Board for questions, there were none. Chairman Packer then
entertained a motion to close the public hearing. Mr. O’Connell made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
Shaun Wallace (81 Central Street) – An RDA to perform maintenance and clean up of existing trail and construction of a bog walkway. As a Boy Scout project, he would like to repair the trail around Manter’s/Central St ball fields. They would be 2 foot by 10 foot sections; the total length would be about 30 feet. Debatable that this is marsh, though we are sure at high tide it would flood. Chairman Packer asked if the trail goes under water now; this bog walkway will allow passage during these conditions. . Chairman Packer went to the audience and then to the Board for questions, there were none. Chairman Packer then entertained a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Town of Newbury (Town Landing) – An NOI for the repair and improvements to existing boat ramp and pier, re-configuration of floats and construction of new harbormaster building at town landing. There would be repair, maintenance and extension of floats, which has not been done since the 1980’s. A new building is being proposed with handicapped accessible observation deck. Portions of the work being done over existing riprap on driven pilings. There will be a steel gangway down to floats. Floats will be pipe anchored, are proposing floats in what they anticipate there needs to be over the next few years. A refreshed copy of existing and updated plans were provided for the record. A National heritage filing has been submitted as this is an ACEC area. Chapter 91 licensing also
necessary; 8-foot piling be driven to secure the pipes to the floats. The ramp would need to be regarded (grade of ramp is to launch boats and protect personal property). Bottom of ramp is proposed pre-cast concrete with driven pins containing stone underneath it and if needed a stone apron. Mr. Streeter thought the drawing indicated the height of the building would be the statutory requirement of 13 ½ feet. (100 year flood is 9 feet) the wharf structure is at elevation 13 with the wharf and the building will be at the same height. This was all clarified and answered.
Resident Fred Thurlow asked for some clarification about the ACEC and 100-year flood
John O’Oconnell recused himself from this hearing. Fred Thurlow shared some concerns over the building and potential for flood. Chairman Packer went to the audience and then to the Board for additional questions, there were none. Chairman Packer then entertained a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
Patricia Nash (6 52nd Street) – An NOI to install water & sewer system. This is required as the Town of Newbury/City of Newburyport W&S project has expired. Contractor provided installation route; before photos will be taken and added to the file. They will be allowed to put back what was there, nothing more, nothing less. . Chairman Packer went to the audience and then to the Board for questions, there were none. Chairman Packer then entertained a motion to close the public hearing. Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Other Business:
- Riverfront Marine – John Hargraeves looking for Commissions opinion of Chapter 91
Atty Jim Kelcourse has a RDA to submit to the Commission for the June 21, 2011 meeting date for floating docks. The plan calls for the bottom of floats with anchored moorings replaced by pipes. DEP has to go on notice to amend the existing Chap 91 license stating this. Asked the board if it was appropriate to process this through an RDA; Commission agreed.
- Rohin Mahtre (98 Northern Blvd) – Request to expand existing repair of deck. An RDA was already approved for a deck on existing roof. The proposed expansion doubles the size of the approved deck. But over an existing footprint. The expansion does not bring them over their FAR/Lot Coverage. The applicant was asked to bring new updated plan in with owner/property details. (7 ft 8 in North direction (upper left of drawing)
-Ryan Swisher representing Robert Swisher has an approved project with Order of Conditions. They have some architectural changes to the footprint. 2188 total area in riverfront; proposed alteration 988 and adding another ?; the overall sf has changed
Right to take 10% or 5,000 sf of lot as the property was formed prior to …….
Chairman entertained a vote to accept the amended plan and put on file; all in favor.
Closed 9:42 pm
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.
Respectfully Submitted, Susan Noyes
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