Newbury Conservation Commission Tackles Invasive Species and MS4 Stormwater Regulation

The Newbury Conservation Commission’s latest meeting addressed a range of environmental concerns, including a citizen-led initiative to control invasive fragm mites and the implementation of amended stormwater regulations under the MS4 permit. With public interest and potential impact on local ecosystems and regulatory processes, these issues stood at the forefront of the Commission’s agenda.

A notable topic of discussion was the proposal by a local resident, Mark Kraman, to remove invasive fragm mites from the marsh areas on PlIsland. Kraman offered to lead a volunteer effort to cut down the pervasive species using hand tools, at no cost to the town, adhering to best practices. The Commission suggested Kraman coordinate with The Refuge’s director to potentially expedite the process or to undertake an RDA if necessary.

Another matter discussed was the municipal separate storm sewer system (MS4) regulation. There was a motion made to approve the MS4 regulation, which involves a complex set of guidelines under the Clean Water Act that municipalities must follow to reduce the contamination of stormwater runoff. The Commission deliberated on the proposed amendments to the town’s stormwater ordinance to align with the MS4 permit requirements. Renee, presumably an expert in attendance, updated the Commission on the permit’s scope, which includes regulating constructions disturbing one acre or more of land and does not exempt single-family homes or agriculture.

The Commission reviewed a map of the regulated MS4 area within Newbury and a fee schedule for applications related to the stormwater ordinance, which ranged from $500 to $1,000 based on property size. The discussion was comprehensive, touching on the impact of the Sackett versus EPA decision on the Environmental Protection Agency’s authority to regulate private properties and the need for legal counsel to interpret this in the context of stormwater discharges under the MS4 permit.

Further, the Commission considered expanding the Waters of the United States under the MS4 permit and debated whether to apply the coverage town-wide or to adhere to the current definition. The potential effect on agricultural practices, such as tilling and planting, was a concern, with discussions on whether these should be considered a disturbance and thus subject to the ordinance. The Commission leaned towards voting on the regulations with an explicit exemption for typical farming operations and maintaining jurisdiction within the map presented.

The Commission’s agenda also included discussions on various requests for certificates of compliance and determinations of applicability for properties around the town. Certificates of compliance were issued for one Plumbush Downs for plant monitoring and for the Newbury Golf Center on Scotland Road, following site visits that revealed no outstanding issues.

A request for determination on Doners Way for a KBW generator installation involved recommendations for placing the generator on an elevated platform to adhere to flood prevention measures. Another discussion centered on a public hearing for a single-family dwelling construction project at 59 PlIsland Turnpike, which included considerations about wetland setbacks and the relocation of an existing shed. The Commission did not reach a decision and continued the discussion. Additionally, a request for determination of applicability for the refresh of a driveway on Street led to a negative finding by the Commission.

The meeting also addressed enforcement orders for unpermitted yard work on Northern Boulevard Williams and for expired D file numbers at Old Point Road, the Sunset Club. It was noted that the Sunset Club owners were working towards a new order of conditions, and an enforcement order had been delivered.

In terms of community involvement, a member of the public raised concerns about the management of wetland violations on Coleman Road. It was suggested that the property owner would need to provide permission for any fragm mite removal efforts and that coordination with Fish and Wildlife might be necessary.

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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