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Commission issues negative determination with conditions for landing at 19 Reservation Terrace after neighbor objections

Newburyport Conservation Commission · March 19, 2026
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Summary

After hearing from the applicant and abutters, the conservation commission issued a Negative 3 determination for minor landing and propane tank relocation at 19 Reservation Terrace with special conditions about fence permitting, removal of an existing concrete pad and replacement of any displaced sand with clean beach‑grade material.

Derek Wiley of KDJ Contracting presented a proposal to slide a small landing forward on a residence at 19 Reservation Terrace, relocate two propane tanks to a single platform beneath the landing and reconfigure stairs to avoid encroachment. Wiley said the change reduces overall deck footprint and will eliminate one of two tanks.

An abutter, John Ryan, said the prior installation removed landscape timbers and substantial soil and asked the commission for a topographic survey to verify proposed work. Owner Rob Newman said the matter had previously been litigated and that the court order requires restoration and replacement with sand where necessary. He said the owners plan to remove the existing poured concrete pad and replace it with an appropriate pad and clean fill.

Commissioners discussed whether a proposed short fence on the plan would trigger an NOI; staff recommended a letter permit or a letter‑permit‑type submittal for the fence and standard conditions about 50% openness in the bottom 2 feet where applicable. A motion for a Negative 3 determination carried; conditions written into the determination require: submittal of fence design for a letter permit, removal of the existing larger concrete pad with reuse of soil to fill the hole where feasible or import of clean backfill, and a condition that any displaced sediment be replaced with an equal quantity of clean beach‑grade sand. The determination includes a 10‑day appeal period before work may proceed.

Commissioners recorded a roll call vote approving the determination with conditions.