Homeowner’s Unpermitted Drainage Work Sparks Debate at Newbury Conservation Commission Meeting
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Meeting Type:
Environmental Commission
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Meeting Date:
10/01/2024
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Recording Published:
10/10/2024
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Duration:
84 Minutes
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Towns:
Newbury
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County:
Essex County
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State:
Massachusetts
- Meeting Overview:
The Newbury Conservation Commission meeting focused on several issues, notably the debate over unpermitted drainage work performed by a homeowner to address flooding on their property. Concerns surrounding the legality and environmental impact of these actions, as well as the need for accurate wetland delineation in a separate project proposal, were central to the discussions. The commission also reviewed various proposals and enforcement orders.
One notable issue discussed was the drainage work performed by a homeowner on River Drive, who took it upon themselves to address flooding caused by a crushed drainage pipe. The commission expressed concerns about the legality of the unpermitted work, which had been undertaken without filing a Notice of Intent as required under the Wetlands Protection Act. The homeowner, Russ, explained the necessity of his actions due to the town’s Department of Public Works’ lack of response to the drainage issue, which had led to water damage on his property and neighboring areas. He detailed the steps he took to excavate and extend the drainage pipe, restoring proper water flow and alleviating flooding concerns.
Despite the positive impact on the neighborhood, the commission debated whether it was the homeowner’s responsibility or the town’s to address the drainage problem, given its past maintenance by municipal authorities. Diane, a commission member, raised additional concerns about the ownership of the damaged pipe, which belonged to a neighbor, Matt Kazaki. Although Matt showed no objection to the repairs, the situation posed potential risks should he decide to close off the pipe. The commission agreed that a site visit was necessary to further assess the situation and determine if additional mitigation or restoration measures were warranted.
In another discussion, the commission reviewed a Request for Determination of Applicability (RDA) for a project on Pine Island Road. The proposal involved constructing a mudroom and a two-car garage attached to an existing dwelling. Concerns were raised about the proximity of the construction to wetland areas and the lack of clear delineation of these boundaries in the submitted plans. Diane voiced apprehension about the absence of wetland delineation, complicating the commission’s ability to evaluate the project’s environmental impact. Without an accurate site plan, commission members could not proceed with the RDA. The applicant agreed to provide additional documentation, including a detailed plot plan from a previous engineering survey, and potentially refine the project details based on feedback received during the meeting.
A public hearing was also held for a Notice of Intent concerning a property on High Road. The proposal, represented by William Holt, involved constructing an addition to a single-family dwelling near a salt marsh. The proposed work would disturb approximately 5,836 square feet within the buffer zone, affecting existing vegetation. Erosion control measures were planned to prevent sediment from entering the wetlands. The commission requested a site visit to evaluate the extent of the proposed work, particularly given concerns about the delineation of the Coastal Bank and the impact on stormwater management.
Additionally, the meeting addressed several enforcement orders and requests for continuances on other projects. Unpermitted work at Oldo Road Sunset Club and 105 Northern Boulevard was tabled for further discussion, while progress was noted on Main Street. The commission also considered an extension request for an order of conditions on Hay Street, approving a three-year extension for invasive species control and construction of a seasonal gangway.
Tracy Blais
Environmental Commission Officials:
Bob Connors, Mary Rimmer, Woody Knight, Brad Duffin, Dianne O’Brien, TJ Conte, Mick Brown
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Meeting Type:
Environmental Commission
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Committee:
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Meeting Date:
10/01/2024
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Recording Published:
10/10/2024
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Duration:
84 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Essex County
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Towns:
Newbury
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