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Newburyport Conservation Commission: certificates issued, shed approvals and orders of conditions — meeting roundup
Summary
At its May 5 meeting, the Conservation Commission issued two certificates of compliance for long‑dormant orders, approved negative‑2 determinations for small RDA projects (sheds, shed relocation and parking), issued an Order of Conditions for 137 Old Point Road with special dune/sand conditions, and discussed staff transition and regulation redlines.
The Newburyport Conservation Commission handled several routine and contested items on May 5, issuing compliance certifications and determinations, setting special conditions for a pending NOI, and scheduling follow‑up for other matters.
Marshview Way certificates of compliance: The commission considered two decades‑old Orders of Conditions (file numbers referenced by staff as 51‑142 and 51‑407) for properties on Marshview Way after applicants and their attorney, Matt Kavanaaugh, submitted a signed affidavit documenting their attempts to locate original plans. Staff said city records were damaged by mold and that a site visit and neighbor interviews showed many originally listed common facilities were never constructed. After discussion, the commission voted to issue two certificates of compliance based on the certified affidavit and on‑site verification.
Small RDAs and determinations: The commission issued negative‑2 determinations (no further commission permitting required) for several small projects: a 12x14 shed for David Turner at 7 Pleasant Run Drive (applicant stopped work when notified and the commission attached standard erosion‑control and replacement‑planting expectations), and for Tom Peacock at 0 G Street, who proposed a gravel parking area (~1,100 sq ft), a pathway to proposed beehives and moving an existing shed (staff advised elevating the shed and no dune regrading; native vegetation must replace any removed stabilizing plants).
137 Old Point Road (NOI and Order of Conditions): The commission closed the public hearing for 137 Old Point Road and voted to issue an Order of Conditions that will include special conditions staff and commissioners discussed: use of compatible beach sand, erosion‑control measures, no storage of heavy equipment on dune vegetation, daily removal or containment of construction debris, and a phased approach to minimize driving on vegetated dune areas. Commissioners also recommended no hardscape landscaping and replacement with native dune species where vegetation is removed.
Administration and other business: The commission approved prior meeting minutes, noted that staff member Kelsey is leaving soon and discussed a short interim plan to authorize Andy to perform agent duties in the staffer’s absence. Commissioners previewed proposed regulation redlines and agreed to continue work over the summer; staff noted upcoming agenda items including a certificate of compliance and a potential NOI for a Parker Way address.
Votes made at the meeting (selected): Marshview Way — two certificates of compliance (unanimous roll calls of members present); 22 Marramac Street — AG -2 determination approved (unanimous); 82nd Street RDA — continued to May 19 (unanimous); 7 Pleasant Run Drive (Turner) — negative‑2 determination (unanimous); 0 G Street (Peacock) — negative‑2 determination (unanimous); 137 Old Point Road — Order of Conditions approved with special conditions (unanimous.
