Newburyport planning board approves 18 Highland Avenue subdivision with tree-protection conditions

The Newburyport Planning Board voted on March 31 to approve the definitive subdivision application and special permit for 18 Highland Avenue, adopting staff-recommended conditions and waivers for roadway construction after public comment and a staff presentation.

Planning staff read a set of draft special conditions the board discussed and modified before voting. Key requirements include a construction covenant preventing issuance of an occupancy permit until the lane is constructed; a tree root protection/no-cut zone shown on the plans and marked in the field; prohibitions on storing earth or construction materials within preserved-tree areas; erosion-control measures tied to the demolition and erosion-control plans; and a requirement that replacement trees be planted and verified by the zoning administrator prior to issuance of any occupancy permit.

Steve Sawyer of Millennium, the consultant for the applicant, described the updated plan language and graphics that show a "tree root protection" area using a radius calculated as 1 foot per caliper inch of the subject tree, the placement of 3-foot orange construction fence to limit access around protected trees, and a recommendation to apply 4–6 inches of wood chips where disturbance of root zones is necessary. "We're showing the full no-disturb zone," Sawyer told the board, and said the erosion-control and demo plans call out those protection areas.

Several members of the public raised concerns about tree loss and the review process. Stephen Hockton of Arlington Street thanked the board for changes in the plan but urged the city to consider preserving land and protecting trees, saying, "I do not want it to change. Ideally, I wish the city would step in and preserve this land, protect it from development." Kevin Narbonne, who identified himself as a certified arborist during public comment, urged the board to follow professional standards and said the protection approach the board discussed aligns with an industry "A300" standard for tree care: "That's an A300 standard," he said, and recommended the board review that guidance.

During deliberations, planning staff proposed more detailed language on protected trees: trees to be preserved must be clearly marked prior to site work, a protected tree may be removed only after a certified arborist determines it is dead or dying, and replacement trees shall be selected from the tree-commission recommended list and verified by the zoning administrator. The transcript contains a proposal on replacement sizing phrased by staff as a per-caliper replacement metric; the precise formula as read at the meeting was unclear in parts of the record and will be finalized in the written special conditions.

The board first voted to grant the roadway waivers listed in the motion (including exceptions to right-of-way width, minimum curve radius and sidewalk-location requirements) and then voted to approve the special permit and definitive subdivision application for 18 Highland Avenue with the modified special conditions. The voting was conducted by roll call; the record shows the waiver motion passed unanimously among the participating members, and the subdivision approval passed with the votes of the board and associate members present. Planning staff said compliance with the adopted special conditions will be required prior to granting any occupancy permits.

The board and staff thanked the applicant and members of the public for input. The board chair said staff will prepare a final, written version of the special conditions reflecting the evening's modifications for the administrative record and for the applicant to implement. The plan was approved and the meeting concluded.