PROVINCETOWN CONSERVATION COMMISSION
September 5, 2006
6:30 P.M.
Members Present: Dieter Groll, Elaine Anderson, Dennis Minsky, Robin
Evans and Lynne Martin.
Members Absent: Paul Tasha.
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 6:45 P.M.
PUBLIC
STATEMENTS:
None.
Co-Chair Elaine Anderson called for a motion to move the approval of the minutes until later in the evening.
Dennis Minsky moved to approve the minutes later in the evening, Lynne Martin seconded and it was so voted, 3-0.
Enforcement Order
837
Commercial Street – Clancy Realty Trust, William Gordon, Trustee –
Grading/raking of the beach has occurred. The applicant, through his attorney
Lester J. Murphy, requested a postponement until more Commissioners were
present that evening.
459,
461 Commercial Street – Installation of a septic system, SE58-0192
Sacha
Richter appeared to request the Certificate and submitted a letter from the
Provincetown Sewer Project confirming that the premises are hooked up to the
Town sewer system. The Title V system on site is no longer being used.
Dennis Minsky moved to grant the Certificate of Compliance
for the property at 459,461 Commercial Street, Lynne Martin seconded and it was
so voted, 3-0.
Notice of Intent (continued
from August 15, 2006)
Application by the Town of Provincetown, Department of Public
Works, representing the Provincetown
Board of Selectmen 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 install storm water
facilities and rehabilitate the boat ramp at the property located at Good Templar Place Town Landing, in
Provincetown.
Presentation: Russell Kleekamp appeared to present the application. The
Town seeks to contain and treat storm water run-off at the site. The plan is to
pave the entire landing and install storm water facilities.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Kleekamp.
Dennis Minsky
moved to grant the Notice of Intent with the Standard Order of Conditions,
Lynne Martin seconded and it was so voted, 3-0-1 (Dieter Groll abstain).
Notice of Intent (continued
from August 15, 2006)
Application by Richard
Bready 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 renovate the existing
dwelling with an addition at 531
Commercial Street, in Provincetown.
Presentation: Reggie
Donoghue, Glen Parker and John Machado appeared to present the application. The
applicant seeks to renovate an existing dwelling by constructing an addition on
a slab on grade. A landscaping plan was submitted and access will be from
Commercial Street. A stairway on the waterside will be removed and replaced and
a stairway on the street side will be removed.
Public Comment: None.
Commission Discussion: The
Commission questioned Mr. Parker and Mr. Donoghue.
Elaine Anderson moved to grant a Notice of Intent with the Standard Order of Conditions, Dennis Minsky seconded and it was so voted, 5-0.
Enforcement Order
837
Commercial Street – Clancy Realty Trust, William Gordon, Trustee –
Grading/raking of the beach has occurred. The applicant, through his attorney
Lester J. Murphy, requested a postponement until more Commissioners were
present that evening. Robin Evans recused herself because of a conflict of
interest. Erica Larner gave a report on her findings. Grading and raking has
been going on at the site. The area disturbed is about the size of two football
fields. The applicant was told to stop the activity and the Commission will
discuss with the applicant whether or not they were permitted to grade the
beach. Erica believes that the applicant went beyond the work limit due to a
lack of understanding of what the intent of the Commission was and is asking
the Commissioners what they would like her to do.
Presentation: Attorney Lester J. Murphy and
William Gordon appeared to discuss the Order. The applicant submitted pictures
of what the beach has looked like for the last 30 years to show that it has
remained constant.
Commission Discussion: The Commission questioned Attorney
Murphy and Mr. Gordon. Per the Enforcement Order, the property owner shall take
the following action to prevent further violations of the Act:
§
the
property owner shall refrain from grading the beach, foreign debris may be
hand-removed, leaving the rack line intact; and
§
any
cleaning or regrading of the beach must be permitted through the Conservation
Commission.
Failure
to comply with the Enforcement Order shall result in the issuance of further
Enforcement Orders, non-criminal citations of $300.00, stop work orders and
possible restoration requirements. The Commission informed the applicant that
if he wanted permission to continue the grading and raking of the beach at the
site, another Notice of Intent would need to be filed and approved.
Dennis Minsky
moved to ratify the Enforcement Order at 837 Commercial Street, Elaine Anderson
seconded and it was so voted, 4-0.
Notice of Intent (continued
from August 15, 2006)
Application by the
Mary Moore 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 work done under an Emergency Certification to repair a
seawall and backfill at the property located at 471 Commercial Street, in Provincetown.
Presentation:
Joe Notaro appeared to present the application. The area of repair is
located at the bottom of the sea wall. The hole in this location is causing a
loss of fill at the site.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Notaro. Erica Larner informed
the Commission that the Department of Environmental Protection had not assigned
this project a file number yet and she has received no comment from them.
Robin Evans moved to grant a Notice of Intent with the Standard
Conditions and contingent upon receiving a DEP file number and no negative
comments in regard to the project located at 471 Commercial Street, Dennis
Minsky seconded and it was so voted, 5-0.
PURPLE LOOSESTRIFE:
The
Commission discussed the problem of loosestrife in the Town of Provincetown.
They also discussed possible options for its eradication, including a beetle
that just eats loosestrife, and the possibility of mapping its location.
CORRESPONDENCE:
The grant application for the
land management of Clapp’s Pond and Shank Painter Sanctuary has been approved
by the Board of Selectmen. Sandy Turner, at the Department of Public Works,
informed Erica Larner that she could provide wooden, engraved signs for those
areas.
EXECUTIVE SESSION:
Elaine Anderson made a motion to go into Executive
Session at 8:35 P.M. for the purpose of discussing pending litigation. Each
Commissioner was polled separately and each voted in the affirmative to go into
Executive Session.
ADJOURNMENT
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