PROVINCETOWN CONSERVATION COMMISSION
September 19, 2006
6:30 P.M.
Members Present: Dieter Groll, Dennis Minsky and Lynne Martin.
Members Absent: Elaine Anderson, Paul
Tasha and Robin Evans.
Others Present: Brian Carlson (Health Inspector), Erica Larner (Conservation Agent) and Ellen C. Battaglini
(Recording Secretary).
Co-Chair
Dieter Groll called the meeting to order at 6:50 P.M.
PUBLIC
STATEMENTS:
Carl
Roach updated the Commission concerning the issue of the Cape Tip Motocross
club’s desire to use an area of the Clapp’s Pond Resource Area for motocross
riding.
Notice of Intent
Application by the Richard Weitzen, Trustee of At The Beach
Trust, 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 of a deck extension over a coastal beach at
the property located at 615 Commercial
Street, in Provincetown.
Presentation: Stephen
Magliocco appeared to present the application. The applicant seeks to extend a
deck out over a coastal dune.
Public Comment: None.
Commission Discussion: The Commission questioned Mr. Magliocco. Erica requested a copy of the
revised plans.
FINDINGS:
SPECIAL CONDITIONS OF APPROVAL:
Prior to Work:
1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein, the Order of Conditions has to be 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. It is the responsibility of the applicant to procure
all other applicable federal, state and local permits and approvals associated
with this project.
During Work:
1.
Within
one month of receipt of this Order of Conditions and prior to the commencement
of any work approved herein, any change to the plans 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.
2. 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.
3.
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.
4.
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.
5. No CCA-treated or creosote-treated materials shall be
used.
6. Drywells or graveled trenches along the drip lines
shall be installed to accommodate roof runoff.
After Work:
1. 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.
Dennis Minsky moved to grant the Notice of
Intent contingent upon the issuance of a file number and no negative comment
from the Department of Environmental Protection and with the following
additional conditions:
§
the deck boards
have ¾” spacing separating them;
§
the location of the stairs remain the same;
§
any change of
plans be approved by staff;
§
no machinery be
allowed on the beach; and
§
all work on the
deck be done by hand.
Lynne Martin seconded and it was so voted, 3-0.
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. This case is continued with no
testimony.
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. This
case is continued with no testimony.
CORRESPONDENCE:
The Commission will send the
Division of Conservation Sciences a copy of the Provincetown Open Space and
Recreation Plan Update. The Commission will recommend that DCS approve the plan
that is submitted.
Dieter Groll moved to recommend that the Division
of Conservation Sciences approve the Provincetown Open Space and Recreation
Plan Update, Dennis Minsky seconded and it was so voted, 3-0.
The Commission was informed that
their budget had been approved by the Town Manager.
ANY OTHER BUSINESS:
The Commission discussed M.G.L.
c. 39, § 23D, a new law concerning quorums, and decided to recommend its
adoption. The Commission also discussed taping their hearings.
Dennis Minsky moved to refer to the Board
of Selectman, in order that they may begin the process of approving and
adopting, M.G.L. c. 39, §23D, the quorum-saving law.
Erica was not able to obtain the
grant that she had applied for. She did discover that there is money
($9,000.00) available for hardening
the existing walking trail over the old railroad bed at 61 Howland Street and
she intends to bring a Request for Determination for that property at the next
hearing. If all of the money is not used, the excess may be able to be used for
signage on trails and maps.
ADJOURNMENT:
Lynne Martin moved to adjourn the meeting at 8:15 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