Conservation commission approves Five Basin Street shoreline work; garage bathroom withdrawn pending contractor estimate

The Newburyport Conservation Commission voted unanimously to issue an order of conditions for shoreline repairs and a replacement deck at Five Basin Street, but the owner agreed to withdraw an interior bathroom proposal for the garage until the applicant can supply contractor estimates showing it is not a "substantial improvement." Tom of Ron Consulting presented historical photos and a plan for revetment and decking, saying the vertical guarding boards are a long-standing feature that helps block ice and prevents kayaks from getting under the deck.

The commission’s decision matters because the project sits in a riverfront/flood zone and includes both a revetment replacement and a deck alteration that together approach regulatory thresholds for redevelopment. "This has been around for a while," Tom said, pointing to 1978 photos to show the deck and the vertical boards’ historic presence. He described a lattice-like spacing (a 4-in board, two spaces, repeat) intended to reduce reflectivity while still blocking ice and informal kayak access.

Commissioners pressed the applicant on one contested element: a small bathroom proposed inside an existing garage. Commissioner Julie Godfordson said she was uncomfortable approving an order of conditions that would include work not yet demonstrated to be non-substantial. "When you issue an order of conditions, you are approving project plans," she said; "you can't then substitute out something and say maybe later it will be allowed." In response, the applicant provided a written withdrawal of the bathroom and agreed to file an RDA or an amendment later after obtaining a contractor and the documentation needed to show the work would not trigger substantial-improvement rules.

The commission’s vote to issue the order included several staff-recommended special conditions, as discussed during the meeting: construction-access and staging plans must be submitted and followed; erosion and sediment controls must be in place during installation; plantings in the revetment voids are required as a "best effort" (staff discussed a two-growing-season monitoring expectation and a 75% survival benchmark in similar cases); and a perpetual condition notes that total project footprint is currently about 19.9% expansion (the commission flagged the 20% redevelopment threshold). The membership voted to close the public hearing and then to issue the order of conditions (recorded unanimous vote).

Next steps: the applicant will submit any required contractor estimates and, if needed, a separate RDA or an amendment for the garage bathroom work. The order of conditions will remain the governing permit for the approved deck and revetment work, with the special conditions enforced by staff.