PROVINCETOWN CONSERVATION COMMISSION
June 7, 2005
6:30 P.M.
Members Present: Dieter Groll, Elaine Anderson, John Santos, George Bryant and Paul Tasha.
Members Absent: John Santos (unexcused) and Brian Carlson (excused).
Others Present: Doug Taylor (Building Commissioner), Maxine Notaro (Permit Coordinator) and Ellen C. Battaglini (Recording Secretary).
Co-Chair Dieter Groll called the meeting to order at 6:45 P.M.
PUBLIC
STATEMENTS:
None.
Determination
of Applicability
Application by William N. Rogers II, P.E., P.L.S. on behalf of Off Cemetery Road Realty Trust, Kenneth C. Weiss, Trustee, for Request for Determination of Applicability under the Provincetown Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40. The applicant seeks approval to remove the existing dwelling and cesspools and perform minor grading at the locus site.
Presentation: William N. Rogers, II appeared to present the application.
Public Comment: Andrea Monetti, an abutter, wanted to know when the work would begin.
Commission Discussion: The Commission questioned Mr.
Rogers. The discussion included where the work limit line would be located (10
from the cesspools), the placement of straw bales around that work limit and
the request that the work limit be delineated on the site plan.
Paul Tasha moved to grant a Negative #3 Determination with the condition that the limit of work be delineated on the site plan and administratively approved, George Bryant seconded and it was so voted, 4-0.
Coastal Engineering Company, Inc. revised plans for Robert Duffy, 27 Commercial Street. The case is continued until June 21, 2005.
Notice of Intent (continued
from 05/17/05)
Application by Michael Winstanley represented by David Lajoie of Felco Engineering, Inc., for a Notice of Intent under the Provincetown Wetlands By-law, Chapter 12 of the Provincetown General By-Laws, and under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 for the property located at 781 Commercial Street in Provincetown.
Presentation: Attorney E. James Veara, Alan Cabral and Michael Winstanley appeared to continue the presentation. The applicant submitted the information that the Commission had requested at a previous hearing, including a piling protocol, a storm drainage plan for the site, building elevation plans and a report from their environmental consultant, Lynne Hamlyn, reconfirming her initial assessment that the mound in the northeast corner of the property was not a coastal bank. A vegetation plan, which the Commission had also requested, had already been submitted by the applicant.
Commission Discussion: The Commission questioned Attorney Veara, Mr. Cabral and Mr. Winstanley. The Commission discussed the construction protocol submitted by the applicant.
The Commission was particularly concerned about the pilings, asking questions about how many there will be, how big will they be and how will they be installed. The applicant stated that when they hire a contractor they will know more about this issue and agreed to hold a pre-construction protocol meeting on site before the piling work begins.
Paul Tasha moved to grant a
Notice of Intent for the property located at 781 Commercial Street with the
following conditions:
§
There will be no heavy equipment on the beach;
§
There will be no filling at the site;
§
All excavation will be done from the driveway area;
§
No fertilization will take place;
§
A detailed vegetation plan and piling plan will be
provided;
§
A meeting with the contractor will take place 48
hours before the beginning of construction;
§
The pilings will be made of wood, tapered and
approximately 1 in diameter;
§
Straw bales will be placed on the northerly and
southerly boundaries of the site and on the southerly side of the boardwalk;
§
Daily clean-up of the beach on site will take place;
§
Material storage will be on the landward side of the
site;
§
Covered dumpsters will be placed on site; and
§
Excavation material not removed daily will be tarped
overnight.
Elaine Anderson seconded.
Attorney
Brian Wall interjected with a point of order. He objected to the fact that the
public was not able to comment on the new information provided by the
applicant.
Paul Tasha moved to withdraw
his previous motion.
Paul Tasha moved to open the
meeting to public comment, Elaine Anderson seconded and it was so voted, 4-0.
Public Comment: Attorney Brian Wall, representing two abutters,
spoke about the new information provided by the applicant. He argued that he
should be granted time in order to consult with his clients and their
environmental consultant about the new information and urged the Commission to
continue the application. Attorney Veara objected to Attorney Walls statements
and accused him of trying to needlessly delay the process.
Elaine Anderson moved the
previous motion, Paul Tasha seconded and it was so voted, 4-0.
MINUTES: May
3, 2005 Elaine Anderson moved to approve the language as written, Dieter
Groll seconded and it was so voted, 4-0.
MINUTES: March
29, 2005 Elaine Anderson moved to approve the language as written, Dieter
Groll seconded and it was so voted, 4-0.
MINUTES: April
19, 2005 Elaine Anderson moved to approve the language as written, Dieter
Groll seconded and it was so voted, 4-0.
ANY OTHER
BUSINESS:
1. The Commission discussed the work being done at the
Malicoat property. Paul Tasha volunteered to make a site visit.
2. An application for one of the open positions on the
Commission had been submitted by Mona Anderson.
Elaine
Anderson moved to table the application, Dieter Groll seconded.
3. The Macmillan Pier floats and the idea of issuing a
stop-work order was discussed. The Town was supposed to return to the
Commission with more details about the floats and has failed to do so.
George
Bryant moved to issue a stop-work order for the Macmillan Pier floats being
installed by the Town, Dieter Groll seconded and it was so voted, 3-0.
4. There is
a MACC workshop about using GIS data, which Co-Chair Dieter Groll would like to
attend.
ADJOURNMENT:
Paul Tasha moved to adjourn
the meeting at 8:45 P.M. and it was so voted unanimously.
These minutes were approved by a vote of the Conservation Commission at their meeting on
June
21, 2005.
Respectfully
submitted,
Ellen
C. Battaglini
Approved
by ________________________________ on _____________, 2005
Dieter
Groll and Elaine Anderson, Co-Chairs