PROVINCETOWN CONSERVATION COMMISSION
March 7, 2006
6:30 P.M.
Members Present: Dieter Groll,
Elaine Anderson, Dennis Minsky, John Santos and Robin Evans.
Members Absent: George Bryant and Paul Tasha.
Others Present: Erica Larner
(Conservation Agent) and Ellen C. Battaglini (Recording Secretary).
Co-Chair
Dieter Groll called the meeting to order at 6:40 P.M.
PUBLIC
STATEMENTS:
Peter
Souza spoke about of his concerns regarding the Clapp’s Pond Resource Area,
including signage being removed on the Seashore side and people walking where
there are rare species of plants. He suggested that fencing and more signage
would be needed in that area and asked that the Commission consider this issue
when they formulate their management plan.
Enforcement Order
27 Commercial Street
Erica
Larner reported several violations at the site. There is no sign, pursuant to
General Condition #9, with the DEP filing number, SE 58-0381, posted on site.
There is extensive lumber, concrete and stone debris on site. There are also two
gas cans in the area. This debris is in contradiction to performance standards
noted on the plan of record. Construction material is stored in several places
outside in violation of the Special Conditions. Sediment control in the form of
straw bales and silt fencing has not been maintained and sediment has begun to
erode past the limit of work.
Erica
reported to the Commission that she issued an Enforcement Order last week as a
result of these violations. The day after she issued the Order, she received a
response and photographs showing that the issues in questions had been dealt
with.
Dennis Minsky moved to ratify the Enforcement Order for
27 Commercial Street (DEP filing # SE 58-0381), Elaine Anderson seconded and it
was so voted 4-0-1 (John Santos abstain). The site is now in compliance.
Enforcement Order
71 Commercial Street
Due to
a violation of the Determination of Applicability, public property was damaged.
The town landing has filters that prevent direct discharge of pollutants into a
protected resource area (coastal beach and land under ocean).
Erica
reported to the Commission that these filters for storm water drainage control
were not functioning because they were cracked. DEP had contacted her to
investigate the site. James Roderick and Ethan Poulin, who were hired by the
Department of Public Works to do work at the site were present at the hearing
and answered questions from the Commission and the Conservation Agent. Erica
will contact Stearns & Wheler, the engineers hired by the Town of Provincetown,
to discuss the system of filters. Erica has concluded that a restoration order
needs to be submitted to her before April 15, 2006.
John Santos moved to ratify the Enforcement Order and
moved to lift the stop work order for 71 Commercial Street, Dennis Minsky
seconded and it was so voted, 5-0.
Certificate of Compliance
837 Commercial Street, Lot 9
(SE 58-0384)
Demolition
of existing structures and appurtenances.
Attorney
Lester J. Murphy and William N. Rogers, II appeared to discuss the Certificate.
The Order of Conditions issued by the Commission does not mention the existing
structures and appurtenances located on this lot. Thus the applicant seeks to
have the lot released from the Order of Conditions and demolish the structures
and appurtenances. The Order of Conditions is still in effect for the remaining
lots in the subdivision.
Elaine Anderson moved to issue a Certificate of
Compliance, releasing Lot 9 from the Order of Conditions issued by the
Conservation Commission, for the subdivision located at 837 Commercial Street,
Robin Evans seconded and it was so voted, 5-0.
Certificate of Compliance
237-241 Commercial Street (SE
58-0305)
Rebuild
existing structure with walkway over a resource area.
Dieter
Groll recused himself because of a conflict of interest. Elaine Anderson
chaired the hearing. The applicant did not appear.
Robin Evans moved to issue a Certificate of Compliance
for 237-241 Commercial Street (Se 58-0305), Dennis Minsky seconded and it was
so voted, 4-0.
Determination of
Applicability
Application by Michel
Wallerstein for a Request for a 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 construct a new porch, storage area and outdoor shower at the
property located at 91 Commercial
Street, in Provincetown.
Presentation: Alan
Cabral appeared to present the application. The applicant seeks to install 4’
by 6’ fencing for the outdoor shower, which will drain into a drywell and
construct a farmer’s porch on the street side of the property. There will be
minimal disruption to the property.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Cabral.
John Santos moved to grant a Negative #2
Determination for the property located at 91 Commercial Street, Elaine Anderson
seconded and it was so voted, 5-0.
Notice of Intent
Application by Ron Reil on
behalf of Thomas Bombardier 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
deck boards of an existing wooden deck and modify bracing at the property located
at 107 Commercial Street, in
Provincetown.
Presentation: Paul
Shea, of Environmental Consultants, Inc. and William N. Rogers, III appeared to
present the application. The applicant is seeking to comply with the
requirements of Chapter 91.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Rogers and Mr. Shea.
FINDINGS OF INTEREST:
Elaine Anderson moved to approve the Notice
of Intent for the property located at 107 Commercial Street with the following
special conditions:
§
It is the
responsibility of the applicant, the owner and/or successor(s) and the project
contractors to ensure that all conditions of this Order are complied with. The applicant shall provide copies of the
Order of Conditions and approved plans (and any approved revisions thereof) to
project contractors prior to the start of work.
§
This document
shall be included in any construction contracts and specifications dealing with
the work proposed and shall supersede any conflicting contract
requirements. Thereafter, the
contractor will be held jointly liable for any violation of this Order
resulting from failure to comply with its conditions.
§
A sign shall
be displayed showing the DEP file number, preferably not placed on a living
tree.
§
The
Conservation Commission shall receive notice 72 hours in advance of the start
of work. If requested, a meeting will
be held on the site to ensure compliance before work begins.
§
Any change to the plans identified in the Special Condition
above shall require the applicant to inquire of the Conservation Commission in
writing whether the change is significant enough to require the filing of a new
Notice of Intent.
§
All debris, fill, and excavated material
shall be stockpiled far enough away from wetland resource areas, and at a location
to prevent sediment from entering wetland resource areas.
§
The
Conservation Commission, its employees, and its agents shall have a right of
entry to inspect for compliance with the provisions of this Order of
Conditions.
§
This permit
is valid for 3 years from the date of issuance, unless extended by the
Commission at the request of the applicant. Caution: a future Amended Order
does not change the expiration date.
§
At the
completion of work, or by the expiration of this Order, the applicant shall
request in writing a Certificate of Compliance for the work herein
permitted. Where a project has been
completed in accordance with plans stamped by a registered professional
engineer, architect, landscape architect or land surveyor, a written statement
by such a professional person certifying substantial compliance with the plans
and setting forth what deviation, if any, exists with the record plans approved
in the Order shall accompany the request for a Certificate of Compliance. At
the time of the request for a Certificate of Compliance, an updated sequence of
color photographs of the undisturbed buffer zone shall also be submitted.
This Order of Conditions will also include
the construction protocol submitted by the applicant. Dennis Minsky seconded
and it was so voted, 5-0.
Notice of Intent
Application by Clancy Realty
Trust 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 construct a single-family dwelling,
garage, deck and septic system with grading and landscaping at the property
located at Lot 12, Harbour Drive (formerly 837 Commercial Street), in
Provincetown.
Notice of Intent
Application by Clancy Realty Trust
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 construct a single-family dwelling, garage,
deck and septic system with grading and landscaping at the property located at Lot 13, Harbour Drive (formerly 837 Commercial Street), in
Provincetown.
Notice of Intent
Application by Clancy Realty
Trust 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 construct a single-family dwelling,
garage, deck and septic system with grading and landscaping at the property
located at Lot 14, Harbour Drive (formerly 837 Commercial Street), in
Provincetown.
Notice of Intent
Application by Clancy Realty
Trust 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 construct a single-family dwelling,
garage, deck and septic system with grading and landscaping at the property
located at Lot 15, Harbour Drive (formerly 837 Commercial Street), in
Provincetown.
Notice of Intent
Application by Clancy Realty
Trust 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 construct a single-family dwelling,
garage, deck and septic system with grading and landscaping at the property
located at Lot 16, Harbour Drive (formerly 837 Commercial Street), in
Provincetown.
The Commission heard these
applications together. Robin Evans recused herself because of a conflict of
interest. Dieter Groll, Elaine Anderson, Dennis Minsky and John Santos sat on
the case.
Presentation: Attorney
Lester J. Murphy, William Gordon, William N. Rogers, II, Paul Shea, of
Environmental Consultants, Inc. and Kristin Robbins, of Michael Winstanley
Architects & Planners, appeared to present the application. Carol P.
Tinkham, a stenographer, was also present to record the proceedings of this
case. According to Mr. Shea, these lots are on the harbor side of the Harbour
Drive subdivision. There will be no buildings further seaward than what is
already present, there will be a net reduction in development on the site, the
impervious surface areas will be reduced and open space will be doubled. There
will be no alterations to the dune or beach in the area as a result of this
project. Ms. Robbins presented detailed landscaping plans for the site.
Public Comment: None.
Commission Discussion: The Commission questioned Attorney Murphy, Mr. Shea, Mr. Rogers, Ms.
Robbins and Mr. Gordon about the project. Erica Larner had some concerns that
were raised by DEP, including questions regarding storm water management forms
and whether the applicant had filed these. She also stated that there was some
confusion as to where the limit of the coastal beach is delineated on Lots 12 –
15 on the applicant’s site plan. Erica’s recommendation to the Commission is
that they not allow foundations to be built within 100’ of a coastal dune.
Those structures would not meet dune performance standards because the dune
must be allowed to move laterally. She suggested building these structures on
pilings. Erica also suggested that the applicant look to landscape the area
with plants that are more salt-resistant than what is shown on the landscaping
plan. The Commission requested that the applicant provide them with a specific
planting list for each lot. The Commission decided that they would like to read
the DEP reports when they are issued in order to guide their decision in this
case.
The applicant requested that
these applications be continued until the March 21, 2006 hearing.
John Santos moved to accept the applicant’s
request to continue, Elaine Anderson seconded and it was so voted, 5-0.
The Commission briefly discussed
the site at 74 West Vine Street.
ADJOURNMENT:
Dennis Minsky moved to adjourn the meeting at 9:25
P.M. and it was so voted unanimously.
These minutes were approved by a vote of the Conservation Commission at their meeting on ___________________, 2006.
Respectfully submitted,
Ellen C. Battaglini
Approved by ________________________________ on _____________, 2006
Dieter Groll and Elaine Anderson, Co-Chairs