PROVINCETOWN CONSERVATION
COMMISSION
November 21, 2006
5:30 P.M.
WORK SESSION
FINAL OPEN SPACE PLAN REVISION
Members Present: Dieter Groll, Elaine
Anderson and Lynne Martin.
Members Absent: Dennis Minsky, Paul Tasha and Robin Evans.
Others Present: Brian
Carlson (Health Inspector and Project Coordinator), Julie Conroy, Horsley
Witten Group (Town Consultant), Steve Milkewicz (Open Space Committee member) and Ellen C. Battaglini (Recording Secretary).
Invitees: Open Space Committee Members, Conservation Commission,
Recreation Commission, Recreation Department, Tracy Roderick, Department of
Community Development, Doug Taylor, Grants Administrator, Michelle Jarusiewicz,
Town Manager, Keith Bergman
Co-Chair
Elaine Anderson called the Work Session to order at 5:30 P.M.
I. Introduction – Brian Carlson introduced Julie Conroy,
Environmental Planner, of the Horsley Witten Group, Inc. (HW) to discuss the
Draft Provincetown Open Space Plan with the Commission and the invitees. HW has
been working on the Draft Provincetown Open Space Plan and has submitted it to
the Conservation Commission in order to get feedback The Town would like to
revise the Draft Plan in response to comments received from the Cape Cod
Commission (CCC), Town Boards and Massachusetts Executive Office of
Environmental Affairs Division of Conservation Services (DCS) and then submit a
final Open Space and Recreation Plan to DCS for their approval.
II. Overview of Project
a) Tasks/Responsibilities (Review New Scope of Work)
b) Timeline(Review proposed schedule) – Julie, handed out a chart of the proposed timeline) and discussed
the tasks to be undertaken by HW:
§
attending
one coordination meeting with the Open Space Committee and the Town’s Project
Manager (Brian Carlson) and collect additional comment letters and discuss DCS
comments;
§
revising
the Draft Plan according to the specific comments provided by DCS in their
letter of Conditional Approval, dated September 29, 2006, as well as one round
of comments from Town staff, Town Boards/Committees, the CCC, as appropriate
and agreed upon by Brian;
§
revising
map 7A and 7B of the submitted required maps according to comments received;
§
distributing
electronic copies of the Draft Final Plan to involved Boards for final
edits/comments. They will also serve as the document coordinator and
incorporate public comments as supplied by the Town;
§
receiving
timely input from Town staff, Boards and Committees, particularly regarding
items listed above; and
§
incorporating
final comments/edits and prepare a Final Plan for submittal to DCS according to
the State’s Open Space and Recreation
Plan Requirements. Upon approval from DCS, HW will also deliver printed
copies for distribution within the Town, at the discretion of Brian.
III. Discuss EOEA (Area of Critical Environmental Concern) & CCC
Comments – Julie stated that she was not sure whether there was an area of
critical environmental concern in Provincetown or not. She passed out a letter
addressed to Brian from the Executive Office of Environmental Affairs discussing
their comments to the draft Open Space and Recreation Plan in response to the
submittal of the plan to their office. The Commission discussed the
recommendations made regarding Section 3 and 4 of the Plan. The Commission
suggested that Town Consultant, John Ryan’s, report on the housing situation in
the Town of Provincetown be given to Julie.
a)
Section
5 – Definition of Legally Protected Open Space/Matrix of Town-Owned Open Space
– The suggestion is that more specific information needs to be provided as to
the land being preserved and how it will be preserved, i.e. deed restrictions,
etc.
b)
Revision
of Map 7A: Open Space Areas - Julie distributed a Plan of Provincetown Showing
Land Restricted as Open Space to those present and invited comments and/or
suggestions to be e-mailed to her.
c)
Five-Year
Action Plan Responsibilities – The DCS suggests that the Town include funding
sources and identify responsible parties for each priority. The Commission
briefly discussed Americans with Disabilities Act issues. The DCS refers to
Section 504, which is a report on municipal property under the jurisdiction of
the Conservation Commission or Park Commission. It includes information on
administrative and employment practices for the Town as well. Administrative
information includes formal designation of an ADA coordinator, a grievance
procedure for the general public and a review of the Town’s employment
practices.
Co-Chair Elaine Anderson adjourned the Work Session at 6:35 P.M.
PROVINCETOWN CONSERVATION
COMMISSION
November 21, 2006
6:30 P.M.
Members Present: Dieter Groll, Elaine
Anderson and Lynne Martin.
Members Absent: Dennis Minsky, Paul Tasha and Robin Evans.
Others Present: Brian
Carlson (Health Inspector) and Ellen C.
Battaglini (Recording Secretary).
Co-Chair Dieter Groll called the hearing to order at 7:05
P.M.
PUBLIC
STATEMENTS:
None.
DISCUSSION:
Ray
Wells: Nicky’s Peace Park for 74 Harry Kemp Way
This
discussion is continued until the December 5, 2006 hearing.
EXTENSION PERMIT:
SE58-0369
– Application by Luco Realty, Inc. for a two-year Extension Permit at 323-323
½ Commercial Street, in Provincetown.
Presentation: William N. Rogers, Engineer, and
Leonard Enos appeared to discuss the permit.
This
two-year extension request is the result of changes in the requirements to
obtain a Chapter 91 license for the site. The State has been moving slowly in
granting the license and has bene holding up the start of the project. The
original NOI is set to expire on December 18, 2006 and the work now cannot be
started until next fall.
Public Comment: None.
Commission Discussion: The Commission questioned Mr.
Rogers and Mr. Enos.
Elaine Anderson moved to grant an Extension Permit for the
property at 323-323 ½ Commercial Street (DEP file # SE58-0369), 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 until the
December 5, 2006 hearing.
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, Environmental Consultant, William N. Rogers, Engineer, Demetrios Daphnis
and Attorney Christopher J. Snow appeared to present the application. The
applicant has received and submitted to the Conservation Commission a copy of
the report from ENSR written by Donald G. Schall, Senior Biologist. The report
“concluded that the wetland boundary line reviewed in the field inspection
properly reflects the edge of the Isolated Vegetated Wetland present on the
lot.” The applicant also submitted revised plans showing 5 buildings proposed
for the site and a 25’ vegetated plant buffer zone. The applicant revised the
plans according to Mr. Schall’s recommendations. They have filed the new plan
with Natural Heritage and are awaiting a response. There will be no exiting
doors on the side of the property facing the wetland.
Public Comment: None.
Commission Discussion: The
Commission questioned Mr. Daphnis and his representatives.
The Commission concluded that they
would like to see rear elevation sketches for the project and hear any comments
from Natural Heritage on the new plans before rendering a decision.
Elaine Anderson moved to continue the case
until the December 5, 2006 hearing, Lynne Martin seconded and it was so voted,
3-0.
CORRESPONDENCE:
A Cape Cod Office of the
Department of Environmental Protection is now in Hyannis and there will be an
opening reception on November 29, 2006.
Sewer Extension - There is a DEP
letter to DPW concerning the sewer extension. They request information on the
depth of the groundwater in the area and a request for the submission of a
de-watering plan for the pump house to be located on the property now occupied
by the DPW garage. A letter was received from Natural Heritage in regard to the
sewer extension determining that the project will not result in any short term
or long term adverse effects on the habitat of site-listed wildlife species.
The Commission informed Brian that it would like more information concerning
this letter.
ANY OTHER BUSINESS:
The Commission received an
application for a Chapter 91 amnesty license from Rosemary Bryant for the
property located at 473 Commercial Street. Coastal Engineering is requesting,
on behalf of their client, that acknowledgement and approval be granted for the
existence and continued use of pre-existing structures (bulkhead deck and beach
access stairs) as well as notification to the Waterways Regulatory Branch of
the DEP that “no further action is required on the part of the Provincetown
Conservation Commission”. Those structures pre-exist the requirement of
notification and conditioning in accordance with the Massachusetts Wetlands
Protection Act.
Elaine Anderson moved to have the
Conservation Commission issue a letter in accordance with the request made by
Coastal Engineering in regard to a Chapter 91 amnesty license for the property
located at 473 Commercial Street, Lynne Martin seconded and it was so voted,
3-0.
The Commission discussed the
budget figures briefly. Elaine Anderson moved to nominate Lynne
Martin to be the treasurer for the Commission, Dieter Groll seconded and it was
so voted, 3-0. Lynne will make quarterly reports to the Commission.
Elaine Anderson moved to go into Executive
Session at 9:00 P.M. to discuss pending litigation. Each member was polled
separately, each assenting to the motion.
ADJOURNMENT:
Elaine Anderson moved to
adjourn at 9:30 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