Newbury Conservation Commission Tackles Numerous Enforcement Orders and Public Hearings

The Newbury Conservation Commission meeting on September 17th addressed several enforcement orders and public hearings, focusing on compliance issues, environmental protection measures, and the approval of various site projects.

Among notable topics was the enforcement order for a property on Main Street, where the respondent requested an amendment due to confusion from a previous agent’s departure. Marin, representing the respondent, highlighted an economic bill under consideration by Attorney General Maura Healey that could extend permits by a two-year tolling period. This potential legislative change prompted the commission to consider amending the enforcement order to allow a new Notice of Intent to be filed by December 31, 2024, accommodating the possible extension. Mary raised concerns about winter stabilization, questioning if any areas required urgent attention to avoid issues during colder months. Marin assured that while some erosion controls were in rough shape, there were no exposed soils, and the site was mostly overgrown with vegetation. Bob suggested mandatory refreshing of erosion controls, which the commission agreed to include in the amended enforcement order.

The commission also discussed a public hearing for the construction of an inground pool and retaining wall on Shandel Drive Extension. Bob Grasso presented the project, which included a stone wall and a landscape block wall to manage the ground level, along with a gunite pool and a pergola. The pool was designed to drain towards the retaining wall, with runoff directed to a stone line drain feeding into an existing tree well for treatment. Mary raised concerns about ensuring proper water direction away from the wetland area, to which Bob confirmed that the proposed stone wall would facilitate water flow towards the swale, aiding infiltration into the tree well. The commission unanimously closed the public hearing and issued an order of conditions for the project, adding a special condition prohibiting the discharge of pool water into the wetland to protect the area.

The meeting also covered a public hearing for a project on Cottage Road involving the demolition of an existing residential structure and the construction of a new three-bedroom single-family home. The proposal included a new septic tank, a paved driveway, and reconnection to existing utility services. The chair emphasized that the submittals were incomplete without a file number and technical comments, leading to a continuation of the hearing to October 1, 2024. The representative from Millennium Engineering detailed the project, noting the new structure would be slightly pulled back from the Parker River and designed above the base flood elevation to comply with floodplain regulations. Erosion control measures were proposed to protect the coastal bank, salt marsh habitats, and riverfront land.

Another notable public hearing involved 2-8 Old Point Road, where the applicant sought to remove an existing landscape boat feature, permit a previously installed mobile merch container, and complete the installation of previously approved plantings. The presentation included updated survey information and a plant inventory, with the proposal featuring new raised sand dunes with the same plant species as originally approved. The commission discussed the removal of a large raised sand feature, noting it simplified the original plan and eliminated the need for a retaining wall. The propane tank’s placement was also revised to comply with fire department requirements, leading to the introduction of surrounding bollards.

The commission also engaged in discussions about modifications to a site originally developed with multiple structures and paved areas. The removal of original buildings and paved surfaces resulted in an increase in planting compared to what would typically be required for mitigation. Two rain gardens were originally approved, with one constructed slightly smaller than planned, while the second was never built. A planning office representative consulted with the town’s original engineer regarding the necessity of stormwater features, concluding that due to the site’s classification as land subject to Coastal Storm Flowage, stormwater management was not obligatory.

Further topics included the construction of a mixed-use residential and retail building at Three Newport Turnpike, initially approved in early 2021 but delayed due to various issues. The commission planned a site visit for September 24 to ensure all environmental considerations were adequately addressed.

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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