PROVINCETOWN CONSERVATION COMMISSION
December 5, 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) and Ellen C. Battaglini
(Recording Secretary).
Co-Chair Elaine Anderson called the hearing to order at
6:40 P.M.
PUBLIC
STATEMENTS:
None.
MINUTES:
October 17, 2006 – Dieter Groll moved to approve the language
as written, Lynne Martin seconded and it was so voted, 4-0.
November 21, 2006 – Regular and Executive Sessions
– Dieter Groll moved to approve the language as written, Lynne Martin
seconded and it was so voted, 3-0-1 (Dennis Minsky abstaining).
DISCUSSION: (continued from November 21, 2006)
Celine Gandolfo, representing Ray Wells, appeared to discuss the project. 74 Harry Kemp Way is a parcel of land on Harry Kemp Way owned by Ms. Wells and one that she would like to leave in a natural and undisturbed state in memory of Nicky Wells. She would like to see paths throughout the property and benches at the entrance. She also has ideas about the type of signage to be placed at the site. Currently Mark Robinson is working on the management plan for the area.
DISCUSSION:
Mr. McKinsey is appearing before the Commission looking for support in the form of a letter and volunteers should the grant be approved. The request includes Provincetown Harbor, East Harbor Lagoon (Pilgrim Lake), Hatches Harbor and the Pamet River system. The grant will pay for tests that will provide data on nutrient loading and bacterial counts in the previously mentioned waters. The tests should result in a clearer understanding of fecal chloroform that often leads to summer beach closures. If the grant application is successful, Mr. McKinsey will need the assistance of the Commission to carry out sample collecting.
OLD
BUSINESS:
Notice
of Intent
(continued from November 21, 2006)
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, William N. Rogers and Demetrios Daphnis
appeared to discuss the application. The applicant submitted what the
Commission had requested when this case was heard previously, to wit, the
information that was submitted to Natural Heritage, including the MESA
(Massachusetts Endangered Species Act) filing, about the project, a profile of
Buildings 1, 2 and 3 and language from Attorney Christopher J. Snow for the
covenants to be attached to each deed out of the property. Dennis Minsky stated
that even though he had not been present at the previous meeting when this
application had been heard, he felt he could render an informed decision.
Public Comment: Celine Gandolfo, representing the Provincetown
Conservation Trust who is an abutter to the property, was concerned about the
covenants attached to the site being lost or otherwise unenforceable.
Commission Discussion: The Commission questioned Mr. Shea, Mr.
Rogers and Mr. Daphnis. The Commission discussed their need for more than the
21days in order to draft Orders of Conditions for the project. The applicant
agreed to grant an extension to the Commission of 45 days in order to allow the
Commission to consult with Town Counsel, and possibly with Don Schall, Senior
Biologist at ENSR and the Commission’s environmental consultant on the project,
about what conditions should be applied to the project. The applicant also gave
the Commission permission to use the remainder of the monies escrowed by the
applicant to pay for the environmental consultant to undertake these
consultations. Some of the conditions discussed by the Commission included
permanent restrictive covenants to be attached to the property, phragmites
removal from the site, getting a positive final report from Natural Heritage
and a time schedule for the project.
Elaine Anderson moved to grant the Notice of Intent, with the Order of Conditions to be formulated by the Commission within 45 days (by February 6, 2007), Dennis Minsky seconded and it was so voted 3-0-1 (Dieter Groll abstaining).
Notice
of Intent (continued from November 21, 2006)
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. Co-Chair
Dieter Groll recused himself because of a conflict of interest. Co-Chair Elaine
Anderson chaired the hearing.
Presentation: Paul
Shea, William N. Rogers and Scott Andonian appeared to discuss the application.
Mr. Shea stated that Don Schall, the Commission’s consultant on the project,
re-set the original flagging of the wetland at the site. He stated that he had
met with Dennis Minsky and Erica Larner at the site to inspect the flagging.
Mr. Schall thought the project plans had good mitigation elements. His only
suggestion related to the addition of more plantings, a mixture of shrubs and
grasses, in the 50’ buffer zone. He gave a list of his ideas to the applicant.
Public
Comment: Celine Gandolfo brought up several concerns, including
whether a large tree on the site could be saved or not, what kind of fill would
be brought in and oil that was released into the ground. Mary Lambrou, an
abutter, spoke against the project. Gary Joseph, speaking for Mimi Gross, an
abutter, was concerned about the environmental sensitivity of the area and the
location of the access road. There were 5 letters in opposition to the project
in the file.
Commission
Discussion: The Commission questioned Mr. Shea, Mr. Rogers and Mr.
Andonian. Some of the issues that concerned the Commission were the large tree
on the site, the permeable access road, the Cape Cod Commission report on the
area, the Title V setbacks and Attorney Christopher J. Snow’s interpretation of
‘road access’. The applicant requested a continuance
Dennis Minsky moved to continue the case until the December 19, 2006
hearing, Lynne Martin seconded and it was so voted, 4-0.
NEW
BUSINESS:
Request for
Determination of Applicability
Application by Off Cemetery Road Realty Trust
c/o Kenneth C. Weiss, Trustee for a Determination of Applicability under
the Provincetown Wetlands By-Law, Chapter 12 of the Provincetown General
By-Laws. The applicant seeks to construct a dwelling, stone retaining wall and
perform minor grading at the property located a 5 Heather’s Way, in
Provincetown.
Presentation:
William N. Rogers appeared to present the application.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Rogers. The
Commission decided that they would like to conduct a site visit on December 18,
2006 at 12:00 P.M. Mr. Rogers will have the house and retaining wall location
flagged at the site. The case is continued until December 19, 2006.
Dennis Minsky moved to
continue the case until the December 19, 2006 hearing, Lynne Martin seconded
and it was so voted, 4-0.
ANY OTHER BUSINESS:
3 Duncan Lane – Josiah Mayo and
Jeremy Lignori, both abutters, appeared to discuss the property. There is just
a hole in the ground presently at the site and Mr. Mayo and Mr. Lignori asked
the Commission to investigate whether there is a resource area or species
habitats in the vicinity. Brian Carlson will be in contact with Natural
Heritage about the property.
The Commission briefly discussed
the issue of exploring the possibility of Brian Carlson becoming the permanent
Conservation Agent.
ADJOURNMENT:
Elaine Anderson moved to adjourn at 11:30 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