PROVINCETOWN CONSERVATION COMMISSION
November 1, 2005
6:00 P.M.
Members Present: Dieter Groll, John Santos (departed at 7:30 P.M.), George Bryant and Dennis Minsky.
Members Absent: Paul Tasha (excused) and Elaine Anderson (excused).
Others Present: Doug Taylor (Building Commissioner), Maxine Notaro (Permit Coordinator), Brian Carlson (Health Inspector), Erica Larner (Conservation Agent) and Ellen C. Battaglini (Recording Secretary).
WORK
SESSION
The Commission discussed the warrant for the Special Town Meeting to be held on Monday, November 7, 2005. The Commission decided that there was one article for which their vote in support was necessary.
Dieter Groll moved to recommend Article I, Wastewater
Optimization and Expansion, of the Special Town Meeting, Dennis Minsky seconded
and it was so voted, 3-0-1 (George Bryant abstaining). There was no
public comment on the recommendation.
The Commission also discussed application fees and into which coffers those fees would go.
The Work Session was adjourned at 6:30 P.M.
PUBLIC HEARING
Co –Chair Dieter Groll called the Public Hearing to order at 6:30 P.M.
PUBLIC STATEMENTS:
Peter
Souza stated that there were dirt bikes and all terrain vehicles out at Clapp’s
Pond the previous weekend. The police were called and stated that they were
powerless to do anything about it, citing jurisdiction.
John
Lambrou spoke about the situation at Clapp’s Pond with the Cape Cod Moto Cross
Association. He questioned that concept of “passive recreation” and stated that
he thought everyone should be able to cooperate to use the land around Clapp’s
Pond wisely.
CERTIFICATE OF COMPLIANCE:
Presentation: John Reis representing Salvatore DeRose for the
property located at 17 Somerset Road for construction of retaining walls and
clearing, grubbing and grading for future single-family dwelling. Mr. Reis is
requesting that a Certificate of Compliance for the Order of Conditions be
issued for the first phase of the project on Somerset Road.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Reis. The Commission
told Mr. Reis that he would need to submit a landscaping plan, clarifying the
plantings on site, and consult with the Conservation Agent concerning that
plan.
John Santos moved to approve
the issuance of a Certificate of Compliance for the Order of Conditions dated
June 5, 2003, George Bryant seconded and it was so voted, 3-0.
Determination of Applicability
Application
by Elizabeth Mackin for a 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 upgrade an existing cesspool to a septic system in
compliance with Title V at the property located at 6 Duncan Lane, in Provincetown. Dennis Minsky recused himself
because he is an abutter to the property. Dieter Groll explained to the
applicant that since only 3 members of the Commission were seated, he would
need a unanimous vote to be granted a determination, whether negative or
positive Therefore, the applicant had the choice of moving forward or waiting
until more commissioners were seated. The applicant’s representative chose to
proceed.
Presentation: Eric Mitchell, of J.C. Ellis Design Co., appeared to
present the application. The work limit is on the east side of Duncan Lane, the
Board of Health has already approved the project. The applicant agreed to
extend the hay bales along the southern edge of the property.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Mitchell.
John Santos moved to approve a
Negative #3 Determination for the property located at 6 Duncan Lane with the
condition that hay bales be placed along the southern edge of the property,
George Bryant seconded and it was so voted, 4-0.
Peter
Markunas of Coastal Engineering Co., Inc. inquired as to whether the Commission
had approved the planting of the eelgrass. He was told that the Commission had
voted to have the eelgrass planted.
Determination of Applicability
Application
by John R. Dreyer for a 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 replace a concrete patio with a timber deck at the
property located at 71 Commercial Street, in
Provincetown.
Presentation: Peter Markunas, of Coastal Engineering Co., Inc.,
appeared to present the application. He stated that concrete on the bulkhead is
cracking and collapsing and the applicant intends to remove a portion of the
concrete and construct a timber deck.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Markunas.
George Bryant moved to approve
a Negative #2 Determination with the conditions that ACQ pressure-treated
lumber would be used for the deck and that the general notes on a plan dated
September 23, 2005 would be incorporated by reference, Dennis Minsky seconded
and it was so voted, 4-0.
Notice of Intent
Application
by Katzel Nominee Trust & Royce-Smithkin Nominee Trust 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. The applicant seeks approval for the renovation of an existing
building on the property located at 437-439 Commercial Street, in Provincetown.
Presentation: Deborah Paine, Mike Winkler, Paul Shea and William
N. Rogers appeared to present the application. The applicant seeks to repair
pilings and replace the floor under the entire structure. The building will be
lifted and moved while the replacement of the floor occurs. There will be no
alteration to the resource area. ACQ pressure-treated wood will be used above
the ground, but CCA pressure-treated will be used underwater for the pilings.
Public Comment: None.
Commission Discussion: The Commission questioned the applicant’s
representatives.
George Bryant moved to grant a
Notice of Intent for the property located at 437-439 Commercial Street with the
following conditions:
§
The work will be done based on the tidal schedule;
§
Storage of vehicle will be above the high tide line;
§
Debris will be secured on site and removed daily;
and
§
Peanut oil will be used to power the pile driver.
Dennis Minsky seconded and it
was so voted, 3-0.
Paul
Shea and William N. Rogers appeared before the Commission to discuss the
Bullring Condominiums and the precarious condition that the sills and pilings
are in. They will present an application at the November 15, 2005 hearing.
The
Commission discussed the situation at 17 Somerset Road.
Dieter
Groll presented an update on the Clapp’s Pond situation to the Commission. A
meeting was held with Ted Meyer, Provincetown Police Chief, Officer Pallero of
the Provincetown Police Department, Ranger Bass of the National Park Service
and Jason Zimmer, District Supervisor for the Department of Wildlife and
Fisheries. At that meeting it was decided that no motorized vehicles would be
allowed on conservation land extending from the tip of the Cape to the Truro
border.
The
Commission discussed appointing Robin Evans to the Conservation Commission.
George Bryant moved to approve
the appointment of Robin Evans to the Provincetown Conservation Commission,
Dennis Minsky seconded and it was so voted, 3-0.
The
Commission discussed a letter concerning the installation of an ADA-approved
handicap accessible ramp on MacMillan Wharf.
The
Commission discussed the raising of the two boats that had sunk at MacMillan
Wharf and would like to ask some questions of Harbormaster Rex McKinsey
concerning the situation.
ADJOURNMENT: Dennis Minsky moved to adjourn at 9:10 P.M. and it
was so voted unanimously.
These minutes were approved by a vote of the Conservation Commission at their meeting on
___________________,
2005.
Respectfully
submitted,
Ellen
C. Battaglini
Approved
by ________________________________ on _____________, 2005
Dieter
Groll and Elaine Anderson, Co-Chairs