PROVINCETOWN CONSERVATION
COMMISSION
August 16, 2005
6:30 P.M.
Members Present: Dieter Groll, Elaine Anderson, and Paul Tasha.
Members Absent: John Santos (unexcused) and George Bryant (unexcused).
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 6:47 P.M.
PUBLIC STATEMENTS:
None.
Amended Determination of Applicability
Sandra Turner, DPW Deputy Director and Stearns & Wheeler on behalf of the Town of Provincetown to request an amended order of conditions for Atlantic Avenue Town Landing for the construction of wooden steps
Due to the fact that only three members were present, all three members must vote in the affirmative for approval. Mr. Groll offered to the applicant(s) the opportunity to continue the meeting process, or to request a continuance. The applicants agreed to proceed forward with the meeting process.
Gage McElroy requested approval for a modification for access to the beach at the Atlantic Ave. town landing. It is in the best interest of the town and the public to move forward with the construction of the stairs and this project.
Mr. Groll stated that the Commission did on August 9, 2005 issue an emergency certification for safe passage.
Ms. Anderson said she conducted an on-site inspection of the property and requested an explanation of the proposed stairs.
Mr. McElroy said the stairs would have fewer steps that originally proposed and would be of CRC. This project is part of an over-all storm Water Plan for a grant the town received. There are 25 discharge areas in all.
Atlantic Avenue and the Provincetown Inn are targeted first. The Provincetown Inn is targeted for next year. The criteria is to get rid of the point discharge and have the water go back into the ground.
Mr. Groll asked Mr. McElroy what he has learned differently
before going forward with the next area of construction?
Mr. McElroy said they know now to come back before the Commission with any change requirements.
Mr. Groll said the pitch is an issue and are concerned with the grate.
Mr. McElroy said the water should pitch to the catch basin previously in place. The first grate is where the water should go and the second grate is for the overflow. The lower part is to infiltrate the water prior to getting out.
Ms. Anderson said speaking to the new design and concept she has a question of where it will go.
Mr. Groll said the pavers are already subject to movement. They are still under warranty to one year after construction.
Mr. McElroy said the grass did not take and needs reseeding and fill in certain areas. The said washed out because the seed never took. It could be that replacers are required. The pavers will not be visible when the grass takes.
Ms. Anderson asked if the other areas would be accessible to the beach without having to construct beach steps.
Mr. Groll mentioned that the silt fencing and hay bales were not in place.
Mr. McElroy said the remaining carpentry work is above grade.
Mr. Groll asked what the concept of beach nourishment is.
Sandra Turner said there is debris visible from the area between Atlantic Ave. and the Coast Guard Station. It will be a process and not an inexpensive one at that. It will take tons and tons of sand for beach renourishment. We’re looking at some sort of dredging operation to recognize the problem exists. The DPW is willing to assist. The DPW cannot take on the leadership role because staffing at present poses a problem. Also, funding is an issue. It is a major undertaking. It’s not a simple fix.
Mr. Tasha – Is it that we nourished and it is gone. It appears that the sand keeps disappearing. Where is it going, the flats? Perhaps we need to hire someone to do a study.
Obviously this is a huge problem and we’re trying to apply quick-fix Band-Aids that won’t work.
Alice Brock said she was glad to see there are grants and initiative being taken. This is a first of a six million dollar project – stairs?
Mr. McElroy said 25% of the stairs is the town share and 75% is from the grant. The process is a DoA but the mistake made was not requesting an amendment to the original project, which did not include the stairs. Stairs will be a case-by-case and not in the plan to add stairs to all 25 areas.
Mr. Tasha said in the mist of construction we had a powerful southwester with heavy wind and high tide that ate up the beach over night.
Ms. Brock said she lives in the west end of town and has not seen any drastic change.
Vote – Ms. Anderson moved to approve the request to amend the order of conditions to include steps.
Paul Tasha seconded the motion.
Voted unanimously.
Determination of Applicability Postponed from August 2, 2005 meeting)
Application by Neal Kimball of Kimball Residential Design on behalf of James Sheehan for a Request for Determination of Applicability under the Provincetown Wetlands Bylaw, Chapter 12 of the Provincetown General Bylaws, and under the Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40. Applicant seeks approval for modifications to the structure within the existing footprint to remove the existing non-conforming wood deck (due to zoning setbacks), and replace with a raised flagstone patio by raising 8” and leveling off the area behind the house within the footprint of the existing deck. Retain around the perimeter of the patio with treated wood timbers. Approximately 75% of the raised patio falls outside of the 100’ buffer zone of the nearest isolated wetland at the property located at 10 Commercial Street, Unit #14, Provincetown, MA.
Mr. Groll recused himself due to a conflict of interest. This left the board with only two members. (No quorum present at this time.)
Mr. Kimball asked how many meetings did one have to attend and have continued before a quorum exists. This was the second meeting in a row with a lack of quorum for this case. He asked for the possibility of constructive approval based on the fact the board lacks a quorum.
Ms. Anderson said it was her opinion if the board fails to act due to a lack of quorum and the time frame for a NoI has expired then a constructive grant may be in order and the applicant may proceed without board action. (In review of the Wetlands Bylaws and Protection Act the applicant has a choice to request a constructive grant from DEP or return to the Conservation Commission for their approval.)
Notice of Intent (continued from August 2, 2005)
Application by Richard Ferrell, The Boatslip LLC, 161 Commercial Street
Susan Bernstein, Attorney for the Boatslip said she was prepared to proceed with the continuation of the hearing, however, only three members raises quorum issues.
Mr. Groll stated there is local wetlands bylaws vs state for judicatory rights.
Ms. Bernstein asked that the public hearing be kept open based on the fact that three original members are not present at the opening of the original hearing.
Mr. Groll said he has
been advised by the Mass. Association of Conservation Commissions to apply the
Mullin Rule.
Mr. Rogers said he would not be available to attend the next meeting of the Commission and if there were questions to put them in writing to him prior to his going away.
Mr.Groll moved to request a continuance to the next meeting.
Seconded by Mr. Tasha.
Voted unanimously.
Proposed Title 5 Setbacks inside the buffer zone
Local regulation states no component of a subsurface sewage disposal system may be located within one hundred (100 feet) of any6 inland or coastal wetland.
Ms. Anderson moved to go into executive session at 8:08 p.m. Mr. Tasha seconded the motion. Voted unanimously.
Regular meeting reconvened at 8:24 p.m.
Woods Hole Oceanographic Experimental Planting under the direction of the Army Corps of Engineers
Mr. Tasha discussed the experimental planting of eelgrass impacted on the west side of Cabral’s Pier to be relocated to the Herring Cove area.
Experimental Planting of eelgrass will be taken from the East end of town and relocated to Wood End Bar (Shankpainter Bar).
Poor Richard’s Landing – 437-439 Commercial Street
The Commission received a letter from Frank Marafiotti structural engineer recommending the type of materials for pilings.
Mr. Groll will respond to the letter. The Commission may require a consultant.
Old Reliable – 229A Commercial Street – the Commission questioned and are concerned about the unregistered vehicles on the property.
The Commission discussed members attendance.
Mr. Tasha moved to adjourn the meeting at 8:55 p.m.
Ms. Anderson seconded the motion.
Voted unanimously.
Respectfully submitted,
Maxine Notaro, Permit Coordinator