PROVINCETOWN CONSERVATION COMMISSION
May 16, 2006
6:30 P.M.
Members Present: Elaine Anderson, Dennis
Minsky and John Santos.
Members Absent: Dieter Groll, George
Bryant, Paul Tasha and Robin Evans.
Others Present: Erica Larner
(Conservation Agent), Brian Carlson (Health Inspector) and Ellen C. Battaglini
(Recording Secretary).
Co-Chair
Elaine Anderson called the meeting to order at 6:30 P.M.
PUBLIC
STATEMENTS:
None.
Determination of
Applicability
Application by Chandler House
Condominium Trust 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 repair pier joists and decking at the property located at 481 Commercial Street, in Provincetown.
Presentation: Anne
Howard and Tom Hilferty appeared to present the application. The applicant
seeks to repair pier joists damaged by storm damage.
Public Comment: None.
Commission Discussion: The Commission questioned Ms. Howard and Mr. Hilferty.
Dennis Minsky moved to grant a Negative #2
Determination, John Santos seconded and it was so voted, 3-0.
Determination of
Applicability
Application by Jay Anderson 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 install plantings and maintain existing fencing at the property located at 139 Commercial Street, in Provincetown.
John Santos disclosed that he is
an abutter but felt he could render a fair and unbiased decision.
Presentation: Bob
O’Malley appeared to present the application. The applicant has just completed
a major renovation at the site and seeks to replant indigenous species now that
the Order of Conditions for the renovation has been completed. The applicant
also seeks to replace fencing on the shore side, remove English ivy and plant
beach grass as well as Leland cypress on the premises.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. O’Malley. He was informed by the
Commission that Leland cypress was a fresh water species and probably would not
thrive at the site and wouldn’t be a good choice of plants. The Commission also
requested a site plan with the coastal dune delineated and a clear delineation
of the buffer zone. Erica Larner drew a line on the applicant’s current site
plan to show where rosa rugosa could be planted as planting it on the coastal
dune would not be permitted. Emily
Beebe, who is also working with the applicant will call Erica Larner for
further consultation. Mr. O’Malley requested a continuance.
Dennis Minsky moved to accept the request for a continuance, John Santos seconded and it was so voted, 3-0.
Art Installation at Shank
Painter Sanctuary
Frank
Vasello seeks to install art at the Shank Painter Sanctuary similar to what he
did last year.
Bio-Diversity Days
Erica
Larner discussed hosting a walk for bio-diversity from June 3-10 and asked the
Commissioners if one of them would want to do a walk.
ADJOURNMENT:
Dennis Minsky moved to adjourn the meeting at 7:30
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
Notice of Intent (continued from 04/18/06)
Application by the Union Wharf
Condominium 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 repair three pilings under an existing building at the property
located at 97 Commercial Street, in
Provincetown.
Presentation: Tim
Brady appeared to discuss the application. The applicant had submitted revised
information to the Commission in the form of a letter dated 04/24/06 and a
revised engineer-stamped site plan and that includes information concerning the
location of the specific pilings to be replaced and the manner in which they
will be replaced. The pilings will be made of steel and coated with an epoxy.
No CCA-treated lumber will be used. The proposed project will take 2 days to
complete.
Public Comment: Jack
Papetsas, an abutter, had concerns about the close proximity of his pier and
hoped that his property would sustain no damage during construction.
Commission Discussion: The Commission questioned Mr. Brady.
Paul Tasha moved to grant a Notice of
Intent, referencing the construction protocol as outlined in a letter dated
04/24/06 and notes on a site plan as submitted to the Conservation Commission, Dennis
Minsky seconded and it was so voted, 5-0.
Notice of Intent (continued from April 18, 2006)
Application by the Douglas
Taylor 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
relocate an existing dwelling at the property located at 11A Mermaid Avenue, in Provincetown.
Presentation: Doug
Taylor appeared to discuss the application. The applicant submitted a revised site
plan to the Commission, showing the proposed location of the silt fencing, the
limit of work and other information requested. The applicant also submitted the
Conservation Commission’s Special Conditions that pertain to the project and a
letter from the Fire Chief stating that the access to the property was adequate
for emergency vehicles.
Public Comment: Shari
Kadison, an abutter, spoke in opposition to the project, stating her concern
about the disruption of wildlife in the area. Eric Irving, another abutter,
spoke against the project
Commission Discussion: The Commission questioned Mr. Taylor.
FINDINGS OF INTEREST:
§
Storm damage prevention;
§
Flood control; and
§
Protection of wildlife
habitat.
John Santos moved to grant a Notice of
Intent for the property located at 11A Mermaid Avenue, with the Special
Conditions referenced in the applicant’s letter to the Commission and the
additional condition that the work will be performed off season and that the
site plan will be updated to include flagging done at the premises but not
included on the submitted site plan, Paul Tasha seconded and it was so voted,
5-0.
Notice of Intent
Application by the China 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 to raze and
rebuild two residential structures at the property located at 361C Commercial Street, in
Provincetown. Robin Evans recused herself because of a conflict of interest.
Dieter Groll, Dennis Minsky and John Santos sat on the case.
Presentation: Reggie
Donoghue, of Coastal Engineering, Inc., and Fred Ambrose appeared to discuss
the application. The applicant intends to build on the same footprint and
with a slight reduction in the size of
the buildings to be replaced. The building closest to the beach will not be
touched. All access for construction will be via the Johnson Street parking
lot.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Donoghue and Mr. Ambrose. The Commission
requested that the hay bales be replaced with straw bales.
FINDINGS OF INTEREST:
Dennis Minsky moved to grant a Notice of
Intent for the property located at 361C Commercial Street with the following
conditions:
1.
Within one
month of receipt of this Order of Conditions, no work shall be undertaken until
the Order has become final and then has been recorded in the Registry of Deeds
or the Land Court for the district in which the land is located, within the
chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry’s Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the
case of the registered land, the Final Order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the proposed
work is done. The recording information shall be submitted to this Conservation
Commission on the form at the end of this Order, which form must be stamped by
the Registry of Deeds, prior to the commencement of work.
2.
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.
3.
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.
4.
A sign shall
be displayed showing the DEP file number, preferably not placed on a living
tree.
5.
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.
6.
Staked straw
bales backed by trenched-in siltation fencing or approved alternative shall be
set along the approved work limit line. Effective sediment controls shall
remain until the site is stabilized with vegetation.
7. A
sequence of color photographs showing the undisturbed buffer zone shall be
submitted to the Conservation Commission. Note: the straw bales and siltation
fence must show in the foreground (or bottom of) the photographs.
8.
It is the
responsibility of the applicant to procure all other applicable federal, state
and local permits and approvals associated with this project.
9.
Any change to the plans and
special conditions referenced in this order 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.
11. 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.
12. 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.
13. 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.
14. Upon completion of the foundation, the project
surveyor or engineer shall verify in writing or by plan to the Commission the
correct location of the foundation and work limit line and note any
discrepancies from the approved plan. If verification is in the form of an
as-built plan, the plan provided shall be drawn at the same scale as the
approved plan.
15. Any fill used for this project shall be clean
fill. Fill shall contain no trash,
refuse, rubbish, or debris.
16. No CCA-treated or creosote-treated materials shall be
used.
17. Construction shall conform to the requirements of the
State Building Code for construction within the coastal floodplain.
18. The driveway shall be constructed of pervious material
(gravel or shell) or alternate as approved by the Conservation Commission.
19. 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 be also submitted.
John Santos
seconded and it was so voted, 3-0.
Emergency Certification
471 Commercial Street – There is a breach in the seawall
and fill is being dragged into the bay. Joe Notaro and the Department of Public
Works will be doing repairs, including patching the seawall and placing the
fill under the decking at the premises.
Dennis Minsky moved to approve the Emergency Certification,
John Santos seconded and it was so voted, 3-0-1(Robin Evans abstaining).
Any other
business that shall properly come before the Commission
The
Commission discussed the topic of beach nourishment and would like to put it on
the agenda and possibly get Graham Geiss to come talk about the issue.
Emergency Certification
Provincelands Road – The road is falling into the
salt marsh abutting it. There is a need to stabilize the slope and repair the
pavement. The Commission decided to do a site visit on May 3, 2006, at 1:00
P.M.
Dennis Minsky moved to approve the Emergency
Certification, contingent upon a majority approval of the Commissioners who
attend the site visit, Robin Evans seconded and it was so voted, 4-0.
CORRESPONDENCE:
361A
Commercial Street – Amnesty from the requirements of Chapter 91was sought in
regard to this property. The site is in compliance with Chapter 91 and any work
commenced will not require anything further from the Commission. A letter will
be issued to that effect.
Dennis Minsky moved to approve the issuance of a letter
stating that work can be commenced without any further action by the
Conservation Commission, John Santos seconded and it was so voted, 4-0.
Flagship
property – Erica will research the history of the site.
Shank
Painter Pond Resource Area – The DPW is too busy to complete the work requested
by the Commission in compliance with a request from the Provincetown
Conservation Trust. The Commission needs to request an extension. Erica will
write a letter to request an extension.
Dennis Minsky moved to approve the request for an
extension, Robin Evans seconded and it was so voted, 4-0.
The
Commission discussed fees and will bring an administrative review form for the
Commission to approve.
ADJOURNMENT:
Elaine Anderson moved to adjourn the meeting at 9:00
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