Good evening. My name is Bob Connors. It's now 6:06 p.m. I'd like to call the January 20th meeting for the Newbury Conservation Commission to order. Mason, please read the preamble at the remote open meeting law and take a roll call
with members present. >> That's a preliminary matter. This is Mason Freer, conservation agent of the Duba Conservation Commission. Please permit me to confirm that all members are present and can hear me. Members, when I call your name, please respond in the affirmative. Mary Rimmer, >> yes. >> Dave Clifford,
>> here. >> Mick Brown, Harry Trout, >> yes. >> Woody Knight, >> yes. >> Bob Connors, >> yes. >> And Frank Weten. >> Good evening. In this open meeting, the new reconeration commission is being conducted remotely consistent with
Governor Baker's executive order of March 12th, 2020 due to the current state of emergency in the Commonwealth. In order to mitigate the transmission of the CO 19 virus, we've been advised and directed by the Commonwealth to suspend public gatherings. And as such, the governor's order suspends the requirement of the open meeting law to have all meetings in a publicly
accessible physical location. Further, all members of public bodies are allowed and encouraged to participate remotely. Ensuring public access does not ensure public participation unless such participation is required by law. This meeting will feature public comment for this meeting. The Newbury Conservation
Commission is convening by Zoom call as posted on the agenda of the conservation commission section of the town's website identifying how the public may join. Please be aware that other folks may be able to see you and [clears throat] and that take care not to screen share your computer. Anything you broadcast may be
captured by the recording. Applicants or their representatives may be called upon to speak and or share information to the screen if able on the fly. We're now turning to the first item on the agenda, but before we do so, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. The
chair will introduce each speaker on the agenda. After they conclude their remarks, the agenda the chair will go down the line of members, inviting each by name to provide any comment, questions, or motions. Please hold until your name is called. Further, please remember to mute your microphone. Please use earbuds and please remember to speak
clearly and in a way that helps generate accurate minutes. For any responses, please wait until the chair yields the floor to you and state your name before speaking. Board and committee members should be called upon in a firstname alphabetical order to ease the process. After board and committee members have spoken, the chair will afford each will
afford public comment as follows. The chair will first seek questions through the chat function. When participants are using this function, please list your name, address, and then your question. The chair will then seek questions from the public who wish to speak. They'll be asked to identify their names and addresses, questions, and once the chair has a list of all public commentators,
they'll call on each by name and afford three minutes for any comments. Finally, each vote taken in this meeting will be conducted by roll call vote. >> Okay. Thank you, Mason. Upcoming meeting dates, February 3rd and March 3rd. Meeting minutes review for January 6th.
Why don't we take a moment to review those and see if there's any comments? >> Those aren't in the folder yet. I have to finish up drafting those and those will be ready for review at the next meeting. >> Okay. So, moving on. Uh, extension request. D file number
0501312, 254 Middle Road. Applicant is submitting an extension request to fix outstanding items brought up during the certificate of compliance request. Mason, can you give us an overview and an update on this one? >> Yep. Uh so this is the project that we
had taken a look at at the last meeting um with the installation of the dock along the Salt Marsh off of Middle Road. Um and Tom is here to present um and request an extension um to fix the outstanding items that we had brought up at the first meeting. Um so believe Tom
is here and he can go over the um extension tolling and calculation that he has come up with. Okay, Tom, please just introduce your name and your association and you have our attention. >> Okay, Tom Hughes with Hughes Environmental Consulting. Um, I'm here
uh on behalf of the the 254 Middle Road uh project. We were here for a COC if you may recall at the last meeting. Um during that meeting you had asked me whether or not the permit was still good and I indicated I had not done the math
but it was a November 2019 decision. Um when you do the the math on it with the tolling from CO that uh actually gives it uh extends it through uh so it was originally 1127 to
2019. it brings it through to uh March 3rd, 24. And then the recent two-year extension act that was uh signed by the governor, it gets the two years from that. So, it's still valid up through March 3rd. Um
we uh we actually expect to be able to resolve the issues uh that were raised at the COC shortly. We've done an awful lot of work towards that, but just as a precaution, I'm requesting a a one-year extension just to make sure there's no
doubt that we have a valid permit uh in case we have to request any changes to it. >> Questions? Mary? Any questions? This matter came before us at our last meeting and they would do some outstanding questions. uh deviation from
what was presented to the AS bill that Tom was going to gather further information. If the permit had expired, it would have might have been a dilemma, but now it >> Okay. >> Okay. That >> and I assume when we get to the
certificate of compliance part, we can talk about what the actual deviation was. Yeah, I think Tom Tom was coming in to do an amendment. >> Um, >> okay. >> Yeah, and I can I can summarize those a little bit more clearly. There are some
questions I didn't have full answers for at the last meeting. So, >> okay. >> Bas. Okay. Thank you. Uh, Woody, any questions? Any concerns with granting the extension? >> No. And um I don't have any problems with extension either. I don't have any
questions at this time. Okay. Thank you, Woody. Harry, >> any questions for Tom? >> No, no questions at this time. >> Okay, David, any questions? >> No, sir. >> Thank you, David. And I have no questions. Uh, Mason, another Well, it
doesn't matter. We don't care if there's any raised hands from the audience on an extension. All right. Uh, I will entertain a motion to extend this permit. And you want it for one year? Yeah, I think that's probably
overkill, but >> So, you want 221 27? >> Uh, it would be March 3rd, 27. >> Okay. March 3rd, 27. Okay. >> So, moved. >> Do we have a second? >> Second. [clears throat]
>> Okay. Roll call. Mary, >> yes. >> Woody, >> yes. >> Harry, >> yes. Oh, we lost your sound, Bob. >> Okay, you lost my sound. >> No, it's back. We >> got you back, >> David.
>> Yes. >> And Bob Connor's votes. Yes. Okay. Next order of business. Certificates compliance for D file number 0501312 more middle 254 Middle Road. Uh, so Tom,
this is you withdrawing this at this point? >> Uh, no, I'd like to keep it on the agenda, but um extend it to the next meeting. Um, I'll give you a a quick update. We've had survey has gone out there. They're still processing. Uh, and
I've done some I took went out with a tape and actually measured the floats uh that were stored there and found out some information about what happened during installation. And um, basically the the floats as installed
are 8 square feet less than what was permitted. Uh, as we talked about at the last meeting, it was installed or or its current configuration is a T rather than an L. Uh, and the folks who have been taking it out and putting it in every
year were involved in the New England Boat Show and they're closed during that time. So, I won't be able to talk to them till the 23rd. So, I'm doing >> some more background work and then it looks like um we may want we we're
either going to come in and say we'll put it back in the water in the L configuration as permitted and um or we will uh request a minor modification to adjust the float configuration, but it's a it is a lower impact. Um, and I can
further explain why it happened, but it fell in that period when, you may recall the commission lost Bill Holt. They hired an agent that lasted about two or three weeks and the contractor who was
building this went into town hall with some questions and was referred to the harbor master. spoke with the harbor master um and uh you know they used these modular docks that um were really the only thing they
could get at the time because of all the shortages from COVID and everything that were in place. So it was just this whole bunch of things that came together. >> Yeah. No, I understand, Tom. And I mean, the good thing is, Tom, the permit's still in force, which >> gives some flexibility of being able to
to make some minor modifications, right, >> with the board's commission permission. So, >> right, I just want to find out from the installer whether having it as a T is important or not. And if it is, then we would come in and request that change. If it was just an error made during
installation, we could just as easily change it back. >> Okay. So s so Mason just put this on our February 3rd agenda. It doesn't require a motion to continue that. >> I just have one comment for Tom. Uh you
know to check with the harbor master. This may affect your section 10 permit. So if I'm assuming they're getting an annual section 10 permit from the harbor master for this float. >> Yeah. Right. And and in section 10, it's not uncommon for, you know, once a dock
is permitted, it's not uncommon for somebody to change the float configuration. >> Yeah. >> 10 and forget to go to the commission. >> Um >> Yeah. >> But yeah, no, we're going to make sure that it's a new property owner and I'm going to be working with them on
establishing some protocols for taking it out of the water and maintaining it and making sure that they're getting their annual harbor master permit. In fact, that owner already reached out to me and asked whether they should be applying for that 10A now. And I said, "Why don't you wait till we get through the conservation commission?"
>> Yep. >> uh part just to make sure that if anything changes, we can um make sure what's applied for is is what's going in the water. >> Great. Thank you, Tom. Thank you, Nor. >> Thank you. >> Okay. Uh next matter is a request for
determination of applicability. DA to take 280 high road. Applicant is submitting an RDA for replacement for rubble foundation in the buffer zone. Mason, has this been continued? Is that the request? >> Yep. Uh the applicant's requested to
continue as to our February 3rd meeting. >> Okay. All right. We put that on the agenda. That'll be great. >> You >> continued public hearing. Uh D file number 0501458291
High Road. Applicant submitting a notice of intent for the maintenance and refreshing of an existing parking area and boat ramp licensed under chapter 91. The applicant is also seeking to extend expand marina operations by installing a
series of seasonal bottom anchor floats accessible via a gang way in the parking area. Mason, can you provide an overview and a recommendation on this? >> Yep. Uh, so Tom was able to provide a quick overview last time. Um, in the
meantime, we've received um comments from the Division Marine Fisheries. Um, those were just received later this afternoon. So, those were just added to the folder. Um, so I'd say um, you know, we could take a quick look at that and see if there's anything that's necessary
to be conditioned into our order. Um, and then besides that, I would probably just recommend a sidewalk, uh, as we do that for most of our new filings. >> Yeah, if you could put up that DMF, that would be great. Okay.
All right. Uh, so I think a site visit is wise and that it's it's pretty much our protocol. I I guess with the current weather and snow coverage, what's our pleasure, Mason? Any suggestions on this?
>> Uh the rest of this looks like we're going to go into a pretty cold spell for the next handful of days. [clears throat] >> Warmest day this week. If you if you don't mind, Bob. >> Yeah. Yeah, please. the warmest day this week and with some
sunshine is uh Thursday. It's a high of 43. >> Okay. >> The mornings probably won't be early mornings won't be nice, I guess, as far as temperature- wise. Then it's going to take a dive.
Okay. I guess with the snow coverage, I mean, the majority of this pretty much is repaving an existing area, maintaining and refreshing existing parking area. Not sure what we're going to see at the W's edge.
All right. So, thoughts team on a site visit? Does it make sense going out Thursday with snow ground cover or should we man I suppose it's hard to say when we won't have ground cover. >> All right,
>> m Mr. Chairman if I may. Um Thursday morning the low tide. >> Tom again just identify yourself and your >> Oh, sorry. Tom Hughes with Hughes Environmental Consulting. uh here on behalf of this project. The um Thursday
morning low tide is I think around 8 and you know if if we could withstand a little bit of cold and be there at 9. I think really the as you noted it's resurfacing an existing parking lot. There's not the most significant things
to look at here are really what's beyond the bulkhead and the boat ramp area. Um, and the boat ramp area is going to be flushing with water on a tidal level. So, I don't think I think ice coverage is something to worry about, but I don't think snow coverage makes a bit of
difference. Um, so seeing it more or less at low tide would would make some sense. >> Um, so we could do Thursday morning. >> Why don't you stop there? Let me see. Does Thursday work for everybody or what would be a better day? Thursday at 8
o'clock, 8:30 just to start the day rather than interrupt it. >> Thursday is fun with me. Earlier is better for me. >> Same here. I could do eight but not nine. >> Right. >> How does 8:00 work? Uh Harry.
>> Um I I got to check my I got a couple things pending, but I I think I can move them. Bob. >> Okay. Uh David, how does it work for you? >> Yeah, early is earlier is better. Eight. Eight will work. Yep. >> Okay. All right. All right, Mason, how how does that time work for you?
>> For me, >> right? So, let's just see. That's going to be the 22nd. All right. So, we're going to do a sitewalk on Thursday, January 22nd at 8 a.m.
>> Okay. And Tom, you want to continue this public hearing to our February 3rd meeting? Um well at the last meeting you may recall we presented the project um but given that
we didn't have a D file number uh there was no engagement from the commission with questions. I think if if at least we could find out if there's any obvious questions or obvious feedback um or if uh I know Mary you weren't present at the last meeting and while you may have
watched the meeting I assume I assume you have or or will but um I'm certainly happy to answer any questions. I'll note that the marine fisheries comments we really don't have a problem with any of those. Um, and the other thing that we
did hear from DP is the boat ramp maintenance will require a chapter, sorry, a water quality certification, which we're fine with. I mean, that's that's fine. It's it's maintenance of a boat ramp. So, it's a pretty vanilla uh
water quality certification. >> All right. Well, let me do this, Tom. Let me see if anyone has questions. I'll just go through the list. Mary, do you have any questions off the top of your head for this? >> I do. Um Bob, just some brief ones I think Tom could probably answer easily.
So there do I understand from the file that there is is an existing chapter 91 license. >> There are two. Um so there's one one from I believe the 50s which covers the parking area and the boat ramp >> and is that a 30-year license? I I think
it's a long I think it's a non I don't think it has a time frame on it. Okay. >> Um it's a valid it's currently valid. >> Okay. >> And um and so it's under that license we're looking to maintain the parking lot surface and do the boat ramp. And
since we are maintaining the parking lot surface we're required to put storm water controls in it for wetland protection act. So we're making improvements. >> Okay. along that. >> That's how you're addressing your riverfront redevelopment as well. Okay. >> Because it's chapter 91, it's it's
excluded from the riverfront. >> Um it's not a riverfront alteration because it's a chap it's in compliance with a chapter 91 maintenance and subject to chapter 91. Um >> right. Okay. >> Yes. Um, >> I think that Yeah, I I think it would
help be helpful to just to see the site, just the the the bank and the and the location where the floats are going to go. So, >> Yep. Yeah. And the the bank is a bulkhead wall, which is part of the chapter 91 license. So, yeah, we're going to float right off that. We're
going to, you know, gang way off that wall down to floats. And there are chapter 91 licensed floats that exist on the uh eastern part of this site. >> Okay, great. And no time of year restrictions for winter flounder or anything like that?
>> There shouldn't be. No, I mean obviously we're going to go through the core and if the core imposes any time of year restrictions, we'll abide by those. >> So, do you have to apply for an amendment to your um waterways license or just
>> no 10? because we're in the ACEC. >> Um what we have for chapter 91 in the water is what we get. >> Um we can't expand that in [clears throat] terms of floats. >> So it doesn't require filings what I'm asking. >> No, it does not. It requires Army Corps
and then we'll be getting a 10A through the harbor master annually for the okay for this this section of floats. >> All right. Thanks. >> Okay. Thank you, Mary Woody. Any questions for Tom on this project? No, I don't have any questions right now. I think the sidewalk will be very
helpful. >> No, I agree. Thank you, Woody. Harry, any any any questions? >> No questions, Bob. >> Okay. Thank you, Harry. David, how about yourself? Any questions? >> No, I I agree with Woody. The sidewalk will be helpful. >> And and I agree as well. Are there any
raised hands from the public at this point, Mason? >> Seeing none. >> All right. Right. So, we're going to do a site we're going to do a site visit on January 22nd at 8:00 a.m. All right. I will entertain a motion to
continue the public hearing uh to February 3rd, 2026 at the request of the applicant. >> So, move. >> Do we have a second? >> Okay. Roll call. All in favor? Mary? >> Yes. >> Woody?
>> Yes. >> Harry? >> Yes. >> David? Yes. >> And Bob Connor is vice chair. Okay, Tom. See you on on Thursday. >> All right. Thank you. Take care. >> Okay. Uh, next matter is a continued public hearing.
>> This does not have a D file as of earlier today. 45 Boston Road. Applicant is submitting a notice of intent to expand existing boardwalk system within or within proximity to bordering vegetative wetlands. Mason,
what's this? Is this being continued? >> Yep. Uh so Ned's requested a continuence uh to our following meeting. So the February 3rd meeting. >> Okay. >> Is this for the trustees? >> Yep. >> Okay. >> Okay. >> To the what? To the which meeting? February 13th. You said
>> uh February 3rd. >> 3rd. Okay. >> Got it. >> Okay. I will entertain a motion to continue the public hearing to our February 3rd meeting at the applicant's request. So moved. Second.
>> Okay. Roll call. All in favor? Mary? >> Yes. >> Woody? >> Yes. >> Harry? >> Yes. >> David? >> Yes. >> And Bob Connor's vote? Yes. All right. Next matter. D continue
public hearing. D file number 0501455 Old Newbury Golf Club. applicants submitting an NOI for golf course maintenance work including T- box relocation and tree removal within the buffer zone areas. Mason, can you give us an overview on this?
>> Yep. Uh Sam Colbo with Millennium Engineering has requested a continuence on behalf of Old Newbury. Uh I think they're still trying to get out in the field to get the flagging in so that they can schedule a site visit with us. >> Okay. I will entertain a motion to continue the public hearing to our
February 3rd meeting at the applicant's request. >> So moved. >> Second. >> Second. Okay. So that's Harry and Woody. Roll call. All in favor? Mary? >> Yes. >> Woody? >> Yes.
>> Harry? >> Yes. >> David? >> Yes. >> And Bob Connors says yes. Can you hear me okay now? Is is that matter cleared up or that still? >> Yeah, a little. >> Yeah, >> bit. Okay, >> it's a little light, but it's fine.
>> All right, next matter. Continue public hearing. D file number 050 1453 34 Central Street. Applicant is submitting a notice of intent for the construction of an MBTA residential housing development at 34 Central
Street. What's going on with this one? >> Uh, yep. I got an email today requesting a continuence to the February 3rd meeting as well where this left off at our last meeting. I think the board um and Heidi gave the recommendation to
them that they should renotify um so I believe they're getting the new abutters list and working on that. >> Yeah. So Mary, what we did is we they're doing a an amendment but they're re renotifying >> Yeah. >> and revertising. >> I saw that. Okay.
>> Okay. Okay. Uh roll call. All in favor? >> Uh, yes. >> Woody, >> yes. >> Harry, >> yes. >> David, >> yes. >> Bob Connor, yes. All right.
Okay. We have no open enforcement orders. We have any general project discussions? >> Uh, yeah, just something quick. Um the Larkin Dam removal team um has scheduled a volunteer planting day. So if any of
our board members or anyone that you guys know want to participate in that um that is going to be March 17th. Um so that's hosted by >> Sorry, what was that? Mary, >> isn't that St. Patrick's Day?
>> Yeah. March 17th. Yeah, that's >> so drinks will be served. Uh, Mason. >> Yeah, that would be nice. Maybe we can dye the river green, too. [laughter] >> Fully fully blows. Okay. Yeah, you may want to remind them
that that might be an interesting >> Yeah. >> Be a good way to spend St. Patrick's Day to be honest. [laughter] Um, so yeah, that they have that and then there'll be um a ribbon cutting ceremony in the middle of June, but I can remind everyone of that as we get closer to that.
>> That seems really early to plant. I wonder >> uh there's I believe there's uh like staked and already kind of established trees and larger shrubs and things like that. >> Okay. They can get in the ground.
>> Yeah, ground is still frozen. Yeah. Right. >> Um and then I believe they may be bringing an additional lo if necessary to um to kind of top dress everything. >> Anything else, Mason? >> Um I think that's all I have.
>> All right. Uh any comments, Mary? Any anything you want to bring up or discuss? >> No, I think we're going to have a busy meeting on February 3rd. >> Yes. Well, we're coasting tonight. It's it's >> Yeah. >> 6 6:30 too. So, okay. Thank you, Mary. Woody, any any comments or any comments
you want to make or >> No. Uh, just stay warm and I'll see you guys Thursday. >> Harry, >> no. What do you >> I'm all set, Bob. >> David, anything? >> I just had a quick question. It's more just my my edification. I'm sure everybody here on the team knows it, but
can there be an infinite amount of continuances or do any of these permits or licenses run out that they have to do it in a certain amount of time? >> Sometimes we question. >> Yeah, we we'll get to a point sometimes
where if something's been continued for so long with no presentation or no updates, um we request them to readvertise or renotify Butters and everything like that. I see. Okay. >> Just to alert the the immediate neighborhood that
after after a while it goes away, people think it might be dead. So, >> it's it's kind of the commission's discretion, Dave. >> I see. Gotcha. Thank you. >> All right. Team, any anything else before I entertain a motion to adjurnn? >> All right. Uh, I'll entertain a motion
to adjurnn. >> So, moved. >> Second. >> Second. >> Okay. >> Yes. Roll call. All in favor? Yes. >> Yes. Yes. >> Mick, Harry, David, Bob, Connor. Good night, everyone. >> Good night. Hope you feel better, Bob. >> Y.
Thank you, guys. >> Good night, folks. Bye.