PROVINCETOWN CONSERVATION COMMISSION
July 18, 2006
6:30 P.M.
Members Present: Dieter Groll, Elaine Anderson, Dennis Minsky and Lynne Martin.
Members Absent: Paul Tasha and
Robin Evans.
Others Present: Brian Carlson
(Health Inspector), Erica Larner (Conservation Agent) and Ellen C. Battaglini
(Recording Secretary).
Co-Chair
Elaine Anderson called the meeting to order at 6:40 P.M.
The
Commission agreed to discuss the Jimmy’s Pond Self-Help Grant application first
on the agenda after approving minutes.
MINUTES:
June 20, 2006 – Dennis Minsky moved to approve the language
as written, Lynne Martin seconded and it was so voted, 3-0.
Jimmy’s Pond
Self-Help Grant Application –
Erica
Larner informed the Commission of a grant that was being written by Paula Goldberg
to acquire the property located at 74 Harry Kemp Way. Ms. Goldberg needs a
cover letter with Commission signatures.
Dennis Minsky moved to approve the Jimmy’s Pond Self-Help
Grant application, Lynne Martin seconded and it was so voted, 3-0.
PUBLIC STATEMENTS:
None.
Ratification of Decision
Ratification
of a Positive Determination of Applicability (Sections 2b, 4 and 5) 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 at the
property located at 139 Commercial Street.
Erica
Larner read the decision. Elaine
Anderson moved to approve the language as written, Dennis Minsky seconded and
it was so voted, 4-0.
Ratification of Order of Conditions
Ratification
of an Order of Conditions for Thomas Roberts 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 at the property
located at 59 Commercial Street.
Erica
Larner read the Order of Conditions. Elaine
Anderson moved to approve the language as written, Dennis Minsky seconded and
it was so voted, 4-0.
Determination of
Applicability
Application by Jerome and
Lorraine Harris 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 establish a pathway over an easement at 781 Commercial Street, in Provincetown.
The applicant requested to
withdraw the application without prejudice.
Notice of Intent
Application by the Independent
Environmental Consultants, Inc. , representing Snow Realty Trust I, II, Scott
Andonian, Trustee, for a Notice on 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
construction of one single family dwelling on each lot with appurtenances, and
the upgrade of sanitary subsurface disposal systems on each lot with
appurtenances at the property located at 34
and 36 Snow’s Lane, in Provincetown.
Presentation: Attorney
Christopher J. Snow and Paul Shea, of Environmental Consultants, Inc., appeared
to discuss the application.
Public Comment: Elizabeth
Patrick asked if the public portion of the application would remain open if the
case was continued. Mimi Gross, an abutter, is concerned about the preservation
of a quaking bog in the area. Rod MacLeod, an abutter, said that the neighbors
have many disagreements with the proposal and that he appreciated the
Commission’s gathering information from many sources. Ed Fitzgerald, an
abutter, commented on the wetlands in the area and implored the Commission to
gather information from as many sources as possible and to err on the side of
caution when making their decision. Celine Gandolfo, speaking for the
Provincetown Conservation Trust, encouraged the Commission to require the
applicant to have a wildlife study done because the Trust is concerned about
the disruption of wildlife habitat at the site.
Commission Discussion: The Commission did a site visit on July 14th. The
Commission reviewed and discussed with the applicant the two choices they had
for a wetlands consultant to advise them about this project. After a brief
discussion, Dennis Minsky moved to select ENSR to advise the Conservation
Commission about the project at 34 and 36 Snow’s Lane, Lynne Martin seconded and
it was so voted, 3-0. The Commission questioned Attorney Snow and Mr.
Shea. Erica Larner presented the Commission with new information concerning the
project, including GPS plans of the area she had received from the Department
of Public Works, test pit results from the Health Department showing that
ground water was found 2 feet below grade in the area, a letter from Doug
Taylor, Building Commissioner addressing the demolition issue at the site and
information from the Natural Heritage and Endangered Species Program of the
Division of Wildlife and Fisheries recommending that a wild life assessment
study be done in the area. Erica stated that she agreed with the latter
recommendation and the applicant agreed to consider the request. The Commission
agreed to a continuance until the September 19, 2006 hearing as requested by
the applicant.
Notice of Intent
Application by Demetrios Daphnis
for a Notice on 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 construction of six new dwelling,
retaining walls and appurtenances at 67
Harry Kemp Way, in Provincetown.
Presentation: Paul
Shea, of Environmental Consultants, Inc., Gary Locke and Demetrios Daphnis
appeared to present the application. The applicant submitted a high-lighted
site plan.
Commission Discussion: The Commission did a site visit on July 14th. The
Commission reviewed and discussed with the applicant the two choices they had
for a wetlands consultant to advise them about this project. After a brief
discussion, Elaine Anderson moved to select ENSR to advise the Conservation
Commission about the project at 67 Harry Kemp Way, Dennis Minsky seconded and
it was so voted, 3-0. The Natural Heritage and Endangered Species
Program of the Massachusetts Division of Fisheries and Wildlife has concluded
that the wildlife habitat in the area may be affected by the proposal to build
six new dwellings. Erica Larner advised the Commission to require a plant
species study be done at the site as well as a wildlife habitat study and added
that she would like to see drainage calculations for run-off at the site as
well since the site is so close to a wetland. The Commission discussed storm
water management issues with Mr. Shea. Gary Locke stated that they would be
using subsurface dry wells to accommodate run-off from the dwellings and that
they were also not planning on increasing the impervious surfaces at the site.
The applicant has requested a storm water management form from DEP, but has not
yet received it. The Commission granted the applicant a continuance until the
September 19, 2006 hearing.
Public Comment: None.
The public comment portion of the hearing will be held open in order to gather
new information
Notice of Intent
Application by Bull Ring Wharf
Condominium Association for a Notice on 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 to conduct
foundation, structural and building envelope repairs at the property located at
383 Commercial Street, in
Provincetown.
Presentation: John
Bologna, of Coastal Engineering, Inc., appeared to present the application. The
demolition permit has been issued, but no work has begun as of yet.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Bologna. Erica Larner stated that the
DEP has not issued a file number for this project yet, but she encouraged the
Commission to approve the Notice of Intent without DEP comment because of the
critical and precarious condition of the building at the site. If DEP issues
any negative comments, the Commission can revisit and discuss the application
further. The Commission will continue the hearing until the August 1, 2006
hearing when the Decision will be ratified pending DEP approval.
Dennis Minsky moved to approve the Notice
of Intent for the property located at 383 Commercial Street contingent upon the
approval and issuance of a file number by DEP, Lynne Martin seconded and it was
so voted, 4-0.
Notice of Intent
Application by the Town of
Provincetown - DPW for a Notice on 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 to remove concrete boat launching pad and fill
undermined area with sand at Good
Templar Place, in Provincetown. No one representing the Town of
Provincetown was present at the hearing so the case is continued until the
August 1, 2006 hearing.
Notice of Intent
Application by the Robert Nee
for a Notice on 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 to enclose an area under a second floor deck at the
property located at 345A Commercial
Street, in Provincetown.
Presentation: Robert
Valois and Charlie Collins appeared to present the application. The applicant
seeks to build an 11’ by 11’ screened room under a second floor deck. The
property has Chapter 91 approval. All debris will be removed via Commercial
Street.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Valois and Mr. Collins. Erica Larner
stated that DEP has not issued comment or a file number for this project yet.
The Commission will approve this Notice of Intent contingent upon approval and
no adverse comments from DEP. The case is continued until the August 1, 2006
hearing when the Order of Conditions will be ratified pending DEP approval.
Dennis Minsky moved to approve the Notice
of Intent for the property located at 345A Commercial Street contingent upon
approval and issuance of a file number by DEP, Lynne Martin seconded and it was
so voted, 4-0.
Amended Order of Conditions
Application by the Robert Duffy
for a Notice on 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 to replace existing concrete bulkhead with sheet-pile bulkhead at the
property located at 27 Commercial
Street, in Provincetown.
Presentation: John
Bologna, of Coastal Engineering, Inc., appeared to present the amended Order of
Conditions. The work at the site will be done via a barge anchored in the bay
which will drive in the sheet pilings. This is a change in material not in the
scope of the work being performed.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Bologna.
Dennis Minsky moved to approve the Amended
Order of Conditions on a drawing dated July 14, 2006, for the property located at 27 Commercial Street, Lynne Martin
seconded and it was so voted, 4-0.
MINUTES: June 6, 2006 – Elaine Anderson
moved to approve the language as written, Dennis Minsky seconded and it was so
voted, 4-0.
CORRESPONDENCE:
GIS training and software – The Commission discussed this opportunity.
Lynne Martin – The Commission briefly discussed the disclosure
concerning the fact that Lynne Martin is an employee of the Town of
Provincetown.
ANY
OTHER BUSINESS:
The Commission discussed the management plan for the conservation
properties under their purview, including the Shank Painter Pond Sanctuary. Elaine
Anderson moved to approve the draft management plan for the conservation areas
under the control of the Provincetown Conservation Commission and to send them
to the Board of Selectmen for approval, Dennis Minsky seconded and it was so
voted, 4-0.
ADJOURNMENT:
Dennis Minsky moved to adjourn the meeting at 10:00
P.M. and move into Executive Session
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