PROVINCETOWN CONSERVATION COMMISSION
March 21, 2006
6:30 P.M.
Members Present: Dieter Groll,
Elaine Anderson, Dennis Minsky, John Santos, Paul Tasha and Robin Evans.
Members Absent: George Bryant.
Others Present: Erica Larner
(Conservation Agent), Brian Carlson (Health Inspector) 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 implementing the Clapp’s Pond Management Plan. He requested
that he be included in any of the discussions concerning the plan. He made the
suggestion that fencing be constructed in order to protect rare plant species
from being destroyed by dirt bikes and mountain bikes.
Enforcement Order
71 Commercial Street
Due to
a violation of the Determination of Applicability, public property was damaged.
This public property protects against direct discharge of pollutants into a
protected resource area (coastal beach and land under ocean).
Conservation
Agent, Erica Larner, received a letter from Stearns & Wheler that answered
her questions regarding the first row of infiltration units. This row was
removed because it was not functioning. They do not recommend replacement
because the units will just become clogged again.
John Santos moved to accept the Stearns & Wheler
restoration plan, Dennis Minsky seconded and it was so voted, 5-0.
Certificate of Compliance
94 Harry Kemp Way (SE
58-0051)
Install
a subsurface sewage disposal system.
Presentation: Attorney Christopher J. Snow
appeared to request the issuance of a Certificate of Compliance. The subsurface
sewage disposal system has been functioning well since its installation in 1978
based on a plan approved by the Health Agent, the Board of Health and the
Conservation Commission. The lack of a Certificate was discovered when a title
search of the property was conducted.
Public Comment: None.
Commission Discussion: The Commission briefly
questioned Attorney Snow.
Elaine Anderson moved to issue a Certificate of
Compliance, 94 Harry Kemp Way from the Order of Conditions issued by the
Conservation Commission, Dennis Minsky seconded and it was so voted, 5-0.
Determination of
Applicability
Application by William Bonn 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
to raze the existing dwelling per order of the Building Commissioner and
rebuild within the same footprint with associated appurtenances at the property
located at 4 Pilgrim Heights Road, in
Provincetown.
Presentation: Neal
Kimball appeared to present the application. The structure in question has
extensive water-related problems. The deterioration of the framing is
widespread.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Kimball. The applicant does not yet have
a construction protocol for the project.
John Santos moved to grant a Negative #3
Determination for the property located at 4 Pilgrim Heights Road pending the
submission of a construction protocol and erosion control procedures by the
applicant, Dennis Minsky seconded and it was so voted, 4-0.
Notice of Intent
Application by the Town of
Provincetown Department of Public Works under the Provincetown Wetlands By-Law,
Chapter 12 of the Provincetown General By-Laws. The applicant seeks to lay a sewer extension line from the
Wastewater Treatment plant to 68 Shankpainter Road, in Provincetown.
Presentation: Dana
Faris appeared to present the application. The Town seeks to lay down a sewer
line for use by the Grand Union and a laundromat to be located at the site.
Public Comment: David
Federico stated his concern about any animals being disturbed during
construction and whether the proper piping would be used in order to avoid
having to re-dig the line.
Commission Discussion: The Commission questioned Mr. Faris.
John Santos moved to grant a Notice of
Intent to lay a sewer extension line from the Wastewater Treatment plant to 68
Shankpainter Road as presented by the Town of Provincetown, Elaine Anderson
seconded and it was so voted, 3-2 (Robin Evans and Dieter Groll opposed).
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 16, 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 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 13, Harbour Drive (formerly 837 Commercial Street), in
Provincetown.
The Commission heard these
applications together. Dieter Groll, Elaine Anderson, Dennis Minsky and John
Santos sat on the case.
Presentation: Paul
Shea, of Environmental Consultants, Inc.,
and William Gordon appeared to discuss the application. The applicant
submitted new information that the Commission had requested at the last
hearing. This included:
DEP also requested that the
applicant mark the landward limit of the coastal beach on each of the lot
plans. The applicant had already agree to re-vegetate the area with
salt-resistant plantings.
Public Comment: None.
Commission Discussion: The Commission briefly questioned Mr. Shea and Mr. Gordon.
Lot 12:
Dieter Groll moved to grant a Notice of
Intent for Lot 12 Harbour Drive with the Order of Conditions and construction
protocol as set forth in the handbook submitted by the applicant, John Santos
seconded and it was so voted, 4-0.
Lot 13:
John Santos moved to grant a Notice of
Intent for Lot 13 Harbour Drive with the Order of Conditions and construction
protocol as set forth in the handbook submitted by the applicant, Elaine
Anderson seconded and it was so voted, 4-0.
Lot 14:
Dennis Minsky moved to grant a Notice of
Intent for Lot 14 Harbour Drive with the Order of Conditions and construction
protocol as set forth in the handbook submitted by the applicant, John Santos
seconded and it was so voted, 4-0.
Lot 15:
Elaine Anderson moved to grant a Notice of
Intent for Lot 15 Harbour Drive with the Order of Conditions and construction
protocol as set forth in the handbook submitted by the applicant, John Santos
seconded and it was so voted, 4-0.
Lot 16:
Dieter Groll moved to grant a Notice of
Intent for Lot 12 Harbour Drive with the Order of Conditions and construction
protocol as set forth in the handbook submitted by the applicant, John Santos
seconded and it was so voted, 4-0.
REVIEW OF TOWN MEETING WARRANT ARTICLES:
Special Town Meeting:
Article 1: Dennis Minsky moved to recommend Article 1,
Elaine Anderson seconded and it was so voted, 4-0.
Article 3: Elaine Anderson moved to recommend Article
3, Dennis Minsky seconded and it was so voted, 3-1 (John Santos opposed).
Annual Town Meeting:
Article 7: John Santos moved to recommend Article 7,
Elaine Anderson seconded and it was so voted, 4-0.
Article 29: The
Commission agrees that a place for the Cape Tip Motocross Club to operate is
needed, but the parcel of land that is suggested is not acceptable to the
Commission. The Commission supports the effort, but is not prepared to
recommend this article as written.
DISCUSSION ON SHANKPAINTER SANCTUARY:
Erica Larner needs
the authority of the Commission to contact DPW to remove the bluestone and the
path at the Shankpainter Sanctuary.
The Provincetown
Conservation Trust sent a letter to Erica stating that they agree with the
removal of the bluestone and the path and that they would like to remove the
deck as well. The Commission discussed the removal of the deck and decided not
to do anything at this time. Dieeter
Groll moved to authorize Erica Larner to pursue funding for the removing the
trail and the bluestone as mention in the PCT letter, with the proviso that the
Commission will revisit the topic of the deck in the future, Dennis Minsky
seconded and it was so voted, 4-0.
ADJOURNMENT:
Elaine Anderson moved to adjourn the meeting at 9:45
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