Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Wetlands And Permits topic
No spam. Unsubscribe anytime.
Planning board approves special-use permit for fence extension and limited tree removal in wetland buffer at 101 Smith Ave
Summary
The Planning Board voted to approve special-use permit SUPWP26-302, allowing homeowner Joseph Divuno to extend a fence, remove two trees and landscape inside the 50-foot wetland buffer at 101 Smith Ave subject to conditions including construction per submitted plans and recording the permit with the county registry.
The Planning Board approved a special-use permit Tuesday allowing homeowner Joseph Divuno to extend an existing front-yard fence, remove two trees and perform landscaping within the 50-foot wetland buffer at 101 Smith Ave.
At the meeting Chair Bob Burke introduced the application (SUPWP26-302), noting the lot sits in the Wetlands Protection and Aquifer Conservation overlays and under an MS4 stormwater area. Planning staff reported the work would be confined to the wetland buffer’s upland portion and that no work was proposed in the jurisdictional wetlands. "The gist of it was that they had no issues with the work that was proposed," a planning staff member said, adding the Conservation Commission recommended the homeowner avoid using fertilizer near the wetland.
Applicant Joseph Divuno told the board he planned to enclose an unfenced portion of his front yard by moving one section of existing chain-link fence about 20 feet and reconnecting it. "All what I'd like to do is just expand my front yard," Divuno said, adding that he had obtained quotes to remove two trees but had not proceeded pending board approval.
The motion to approve included two written conditions read into the record: that the work be constructed according to the submitted plans and that the special-use permit be recorded with the Merrimack County registry of deeds. Board members and staff addressed an abutter’s concern that fence work or fill could alter drainage; staff and the chair said the planned work will be located away from the detention basin behind the property and should not redirect water onto neighboring lots.
The board took a roll-call vote and the motion carried with the stated affirmative votes. The board closed the public hearing and approved the permit under the conditions announced.
The planning board will record the special-use permit with the county and the applicant may proceed with work consistent with the approved plans and conditions.
