Newbury Commission Enforces Action on Sunset Club Amid Stormwater Debate

The Newbury Conservation Commission prioritized the enforcement of compliance measures for the Sunset Club during their meeting on June 4th, 2024, amidst discussions on stormwater management regulations and their potential updates. The Commission agreed to issue an enforcement order for the applicant to present a remedial plan at the next meeting, with a hold on additional site work until then.

At the forefront of the meeting, the Sunset Club’s deviations from an expired order of conditions and incomplete work were addressed, leading to a consensus among Commission members to issue an enforcement order. The order stipulates that the applicant must present a plan of action at the next Commission meeting. This was deemed a necessary step to ensure the environmental integrity of the site is maintained and that the applicant adheres to the previously agreed-upon conditions.

The Commission’s deliberations also featured an in-depth examination of updated stormwater management regulations. A consultant presented changes to the regulations, responding to the Nifty’s MS4 permit, and outlined new requirements for construction site erosion, sediment control plans, stormwater management plans, and water quality volume criteria for both new development and redevelopment. One of the topics of debate centered on the definition of impervious areas and the associated pollutant load, highlighting the need for specific criteria to retain compliance with the permit. Members voiced concerns about the potential for developers to sidestep regulations by incrementally adding parcels to their subdivisions.

The recent Supreme Court case, Sackett v. EPA, also played a role in the discussion, bringing attention to the definition of “Waters of the United States” and how it may influence future stormwater management regulations. The Commission called for further review and clarification on the jurisdictional reach and exemptions under the updated regulations.

Further discourse centered on offsite requirements for stormwater management. The suggestion was made to limit development on-site to accommodate management measures without sacrificing developable area. The possibility of utilizing town-owned property or contributing to a mitigation bank for offsite management was discussed, along with the associated administrative and accountability challenges. Additionally, the Commission discussed the one-acre or greater requirement for stormwater management, focusing on the need for clarity regarding impervious cover and exemptions.

Another pressing item on the Commission’s agenda was a public hearing for a project on Temple Boulevard West. The applicant requested to downsize the project, with a motion made and seconded to continue the public hearing to June 18th. This exemplifies the Commission’s ongoing engagement with local development projects and their impact on the environment.

The Commission also addressed administrative matters, including a draft letter in support of a grant to update the town’s open space and recreation plan, authorizing the chair to finalize the letter. Additionally, a project on Coleman Road, with work spanning both Newbury and Rowley, was discussed. Concerns were raised about jurisdiction and the potential impact on Newbury residents, leading to a suggestion to require an RDA for any proposed work that spills over into Newbury, with a site visit scheduled for the following day.

The meeting was not solely focused on enforcement and regulatory updates; certificates of compliance for various properties were also reviewed. The Newb Golf Center’s certificate of compliance was tabled awaiting a review letter, while a certificate for a property on Plum Island Turnpike was issued as no work had commenced. An enforcement order for unauthorized yard work was continued for 60 days, requiring no further action at the meeting.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Tracy Blais
Environmental Commission Officials:
Bob Connors, Mary Rimmer, Woody Knight, Brad Duffin, Dianne O’Brien, TJ Conte, Mick Brown

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