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Applicant seeks removal of old pool at 137 Old Point Road; commission delays vote pending state file number
Summary
Homeowner and applicant Gary Fowler told the Newburyport Conservation Commission he plans to remove an in-ground pool at 137 Old Point Road, backfill with compatible sand and plant beach grass; the commission agreed it cannot finalize an order until the state issues the required file number and continued the matter to May 5.
Gary Fowler, the applicant for work at 137 Old Point Road, described plans to remove an aging in-ground pool, backfill the hole with compatible sand and plant beach grass to stabilize the area, but the Newburyport Conservation Commission agreed it could not complete its review until the state issues the project file number.
The commission’s chair said the board “can’t vote without a D number,” explaining that the commission serves as the local enforcer of the state wetlands permitting law and must have the state file number on record before issuing an order of conditions. Fowler told commissioners he had paid the filing fee but experienced problems with the state’s online portal and expected the file number within roughly two weeks.
Commissioners and staff reviewed site-visit observations and details Fowler provided, noting the pool’s degraded condition and the applicant’s plan to remove metal skirting and any remaining liner before backfilling. Fowler said the pool is “kind of filled with debris” and that he and helpers had removed remaining liner pieces and the ladder. He said the plan is to use “compatible sand” and plant beach grass; commissioners confirmed that pavers and turf grasses are not allowed in the resource area and emphasized native beach vegetation for stabilization.
Staff and multiple commissioners raised procedural and technical points: they asked that the applicant and the property owner both sign the materials the commission relies on, requested a clear landscape plan showing the sand backfill and beach grass placement, and recommended the applicant clarify whether any portions of concrete skirting would remain. One commissioner suggested keeping some concrete if removal would be impractical before the busy rental season, with the remainder removed later.
Because the state file number was not yet on the record, the commission voted to continue the matter to the May 5 meeting. The board recorded unanimous support to continue the hearing; the commission advised Fowler that, if the file number is issued sufficiently soon, the item could proceed as a procedural vote at the next meeting and the applicant might not need to appear in person again.
The next step is for Fowler to provide the state file number and any updated, signed plans requested by the commission; the commission will take up the item again at its May 5 meeting.
