City of Newburyport

The meeting commenced with establishing a quorum of five members. A motion was made and unanimously approved to allow BP Marac LLC to withdraw applications VP 24-9 and ZSP 24-20 without prejudice. The board then held a public hearing regarding a special permit request for 51 Milk Street to construct a single-story addition that extends the non-conforming rear yard setback. The presenter detailed that the existing home structure occupies a significant portion of the required rear yard setback (25 ft) due to the property being historically split and having Franklin Street as the longer frontage defining the rear line. The proposed addition would also fall within this non-conforming area. Board deliberation resulted in unanimous approval for the special permit, finding no new non-conformities created and determining the addition would not be substantially more detrimental to the neighborhood. Following the hearings, the minutes of the prior meeting were approved. The board was also briefed on upcoming zoning changes, including new state statutory regulations concerning Accessory Dwelling Units replacing the existing in-law ordinance, and updates to signage regulations.

The special hearing addressed procedural matters, including establishing a quorum and designating voting members, noting that one member recused himself from the 40B project discussion. The first agenda item involved continuing a public hearing for a special permit for non-conformities at 44 Purchase Street Unit One to November 25th at the applicant's request. The main focus was the continuation of the hearing for the 45 Story Avenue project (40B Kmart project). During public comment, discussions centered on pedestrian safety improvements, including installing sidewalks on the south side of Low Street and the need for clearer paths to Story Avenue. Concerns were raised about the scale of the proposed structure relative to the existing Kmart building. Additionally, the definition of affordable housing under Chapter 40B was clarified by legal counsel, explaining that at least 25% of units must be priced at 80% of the area median income (Boston metro area median income), and that the entire project counts toward the city's subsidized housing inventory threshold. Public comment also addressed parking capacity relative to unit count and the status of traffic modeling data.

The primary discussion focused on finalizing the wording of a statement from the board of directors regarding the ongoing situation involving archival center volunteers and the overall volunteer program. Key considerations included balancing acknowledgment of the impact on volunteers, who felt their reputations were damaged, against supporting library staff and adhering to the board's limited scope of responsibility, which excludes personnel matters and day-to-day operations. The board deliberated on whether to issue an apology or an acknowledgement of the impact felt by volunteers, ultimately leaning towards acknowledging the injury felt by volunteers early in the statement, followed by reaffirming the board's oversight responsibilities and commitment to ensuring the library remains a welcoming place for patrons and staff.

The meeting addressed a continuation of a demolition delay application for 90 Federal Street, involving extensive discussion regarding proposed material specifications for siding (CT-siding lap clapboards matching historic coursing), trim (preferring Boral composite over PVC), roofing (recommending removal of existing slate due to leakage and replacement with CertainTeed Grand Manor shingles), masonry steps (restoring front steps with masonry and side steps with wood), masonry veneer on the addition's base foundation, and window specifications (adopting a 6 over 6 simulated divided light pattern). The Commission subsequently voted to lift the previously imposed demolition delay for this property. The meeting also included a Downtown Overlay District (DOD) advisory review for a property at 34 Water Street (also referred to as 1 Center Street), detailing plans to convert the structure, originally built around 1875, from a preexisting non-conforming single-family use to a conforming mixed-use commercial/residential structure, including adding a second floor to a bay window bump-out and installing a dormer, which involved discussions on demolition of exterior walls and ensuring window muttons align with historic context.

The meeting primarily concerned an Approval Not Required (ANR) plan for a lot straddling the town line between Newburyport and Newbury, specifically related to 0 South Pond Street. The board confirmed the plan does not constitute a subdivision since it maintains existing frontage and access; it primarily removes an internal lot line to merge two parcels owned by the applicant, which is necessary for proper address recording (to assign 6 South Pond Street) and to avoid complications under the doctrine of merger. The applicant confirmed approvals for utilities and a building permit in Newbury. The board voted unanimously to endorse the ANR plan. Subsequent discussion covered updates on the Kmart Plaza Landings redevelopment project, including revisions to address traffic concerns, pedestrian crossing improvements (proposing a HAWK signal or similar full-stop crossing mechanism on Low Street), modifications to vehicle maneuvering islands and parking configuration, and ongoing discussions regarding bicycle lane width and garage access flow.