PROVINCETOWN CONSERVATION COMMISSION

November 15, 2005

6:00 P.M.

Members Present: Dieter Groll, Elaine Anderson, John Santos, Dennis Minsky and Paul Tasha.

Members Absent: George Bryant (unexcused).

Others Present: Brian Carlson (Health Inspector), Erica Larner (Conservation Agent) and Ellen C. Battaglini (Recording Secretary).

PUBLIC HEARING

Co –Chair Dieter Groll called the Public Hearing to order at 6:42 P.M.

PUBLIC STATEMENTS:

Celine Gandolpho inquired of the Commission if they were going to discuss the Shank Painter Pond construction project as part of their agenda. Co-Chair Dieter Groll informed Ms. Gandolpho that it would be discussed under Any Other Business that Shall Properly Come Before the Board.

Notice of Intent

Application by Scott Andonian 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 replacement of an existing dwelling with a new dwelling within the buffer zone on the property located at 34 Snow’s Lane, in Provincetown. The applicant requested a continuance until the December 20, 2005 hearing.

The Commission discussed the procedure for continuing a case and the possibility of developing regulations concerning this issue. Conservation Agent Erica Larner will contact the Department of Environmental Protection to ask them for suggestions about setting policy for continuances.

ENFORCEMENT ORDERS:

Maxine White, Trustee, 409A Commercial Street – clearing of beach grass on a coastal beach.

The Commission discussed the enforcement order and how to proceed with Conservation Agent Erica Larner. Ms. Larner will do research issues in this case and it will be continued until the December 6, 2005 hearing.

Dieter Groll moved to continue the Enforcement Order for Maxine White, Trustee, 409A Commercial Street until the December 6, 2005 hearing, Dennis Minsky seconded and it was so voted, 5-0.

Drainage at the end of Dyer Street – The Commission discussed complaints by neighbors of pooling and debris accumulation at a drain located at the end of Dyer Street in front of 409A Commercial Street. Erica Larner made a site visit with the Department of Public Works. It was decided that the drain would be extended.

Elizabeth Villari, Trustee – Non-compliance for Order of Conditions issued on October 10, 2001 for bulkhead repair based on a plan dated July 5, 2001 – The property located at 599 Commercial Street was visited by Erica Larner and the DPW. The Commission discussed Ms. Larner’s report on the site visit with her. There has been work done at the property that is not in compliance with the original Order of Conditions or a subsequent Order of Conditions issued by the Commission for the property. There has been removal of grass and sand and an addition of white stones and a piece of plywood to the fence at the rear of the property. This work was done without consultation with the Commission The Commission decided to issue a letter through Erica Larner to Elizabeth Villari requesting information concerning the alterations at the property, specifically requesting that the plywood be removed, and inquiring when work will be started to complete the project and comply with the Orders of Conditions issued by the Commission.

Dennis Minsky moved to ratify the Enforcement Order to Elizabeth Villari, Trustee, concerning the property located at 599 Commercial Street, but striking the four words, “and regrade the patio” and to include a cover letter inquiring about the status of the project and asking when work will commence on the property again, John Santos seconded and it was so voted, 5-0.

CORRESPONDENCE:

837 Commercial Street, The Tides Motel – A request for Orders of Conditions will be placed on the agenda.

12 Somerset Road – There was a need for a correction of a clerical error in the file number and the issuance of a new Order of Conditions. Dennis Minsky moved to issue a new Order of Conditions with the correct file number, John Santos seconded and it was so voted, 5-0.

UPDATE:

Clapp’s Pond Resource Area and Cape Tip Moto-Cross Association – Carl Roach filed a Criminal Complaint against Co-Chair Dieter Groll for filing a false Civil Complaint. Mr. Groll discussed the cease and desist order with Mr. Roach and discussed finding an area where dirt bikes can be ridden. Mr. Groll also discussed not imposing reparations. The Commission discussed the issue. Celine Gandolpho suggested the capped former dump area be used for dirt bike riding. The Commission discussed issuing a new Enforcement Order to replace the existing one issued on August 1, 2005. Dieter Groll moved to issue a new Enforcement Order on Parcel 351 for the clearing and cutting of trees within the 100’ buffer zone of a resource area protected by the Provincetown Wetland By-Law and to request that reparations from the Cape Tip Moto-Cross Association be paid, Paul Tasha seconded and it was so voted, 4-1 (John Santos opposed).

ANY OTHER BUSINESS:

Shank Painter Pond Resource Area – The Commission had an informal discussion with Celine Gandolpho of the Open Space Committee about the construction of the handicapped accessible walkway occurring at the site. The location of the walkway is not where it originally was planned to be. Topsoil at the site has to be removed. The Commission discussed the history of the design of the walkway with Ms. Gandolpho. Elizabeth Patrick requested that the Commission place the issue on a future agenda so her son, who is more informed on the topic than she, could attend. The Commission decided to put the issue on the agenda. Erica Larner pointed out that new regulations had been issued since July 1, 2005 by the Natural Heritage Foundation and that they should be contacted about this project. The Commission discussed issuing a stop work order for the site. Erica will discuss this with Keith Bergman, Town Manager. The Commission decided to put it on the December 20, 2005 agenda for a public hearing. In the meantime, Dieter Groll will write a letter to Sandy Turner, of DPW, suggesting that work should be halted and if that does not stop the work at the site, then something more formal, such as a stop work order, will need to be issued by the Commission.

MINUTES: September 20, 2005 – Elaine Anderson moved to approve the language as written, John Santos seconded and it was so voted, 5-0.

September 23, 2005 – Paul Tasha moved to approve the language as written, Elaine Anderson seconded and it was so voted, 3-0.

October 4, 2005 – Executive Session – Elaine Anderson moved to approve the language as amended, John Santos seconded and it was so voted, 5-0.

October 4, 2005 – Regular Hearing – Elaine Anderson moved to approve the language as written, Paul Tasha seconded and it was so voted, 5-0.

October 18, 2005 – Elaine Anderson moved to approve the language as written, Paul Tasha seconded and it was so voted, 5-0.

ADJOURNMENT: Dennis Minsky moved to adjourn at 9:30 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