PROVINCETOWN CONSERVATION COMMISSION
January 23, 2007
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
7:13 P.M.
PUBLIC
STATEMENTS:
None.
OLD BUSINESS:
Notice
of Intent (continued from January 9, 2007)
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: Paul
Shea and William N. Rogers appeared to discuss the application. The applicant
submitted a revised site plan based upon changes required by the Commission.
The changes included the elimination of the septic system, a change in the
location of the access road, a re-drawing of the work limit line and the
elimination of the road connecting the two driveways.
Public
Comment: Celine Gandolfo was concerned about the use of pesticides in
the area and inquired of the Commission whether they could restrict their use
by the applicant and also asked if Icehouse Road were going to be altered in
any way. Terry Lambrou questioned whether any more trees on the property were
going to be eliminated and inquired about the whether the Commission could do
anything to protect new plantings from invasive species in the area. She also
mentioned the possibility of a buried oil tank on the premises. Gary Joseph
mentioned a letter written to the Commission by Mimi Gross, expressing concerns
about changes in elevation due to excavation at the site and potential changes
in the permeable surfaces in the work area.
Commission
Discussion: The Commission questioned Mr. Shea and Mr. Rogers.
Dennis Minsky moved to grant a Notice of Intent for the property
located at 34 and 36 Snow’s Lane with the usual Order of Conditions and with
Special Conditions to be formulated by Brian Carlson, Lynne Martin seconded and
it was so voted, 3-0.
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 at 5 Heather’s Way, in
Provincetown.
Presentation:
Paul Shea and William N. Rogers appeared to present the application.
The retaining wall will be removed and the house moved further away from the
resource area.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Shea and Mr. Rogers.
The Commission requested that the applicant submit a small narrative and a
schematic profile of the site, including elevations and a graphic rendering of
the site and including all the proposals made by the applicant. The applicant
requested a continuance.
Dennis Minsky moved to
continue the case until the February 6, 2007 hearing, Lynne Martin seconded and
it was so voted, 4-0.
NEW BUSINESS:
Abbreviated Notice of
Resource Area Delineation
Application by Provincetown Airport Commission, represented
by Horsley Witten Group, Inc., for an Abbreviated Notice of Resource
Area Delineation (ANRAD) under the Massachusetts Wetlands Protection Act M.G.L.
c. 131, § 40. Under this ANRAD, the Airport Commission is requesting review and
approval of certain resource areas relating to the previously filed
Environmental Notification Form (ENF) under the Massachusetts Environmental
Policy Act for the property located at 176 Race Point Road, in
Provincetown.
Presentation:
Maryann T. Magner, of Edwards and Kelcey, Amy Ball, Erin Shupenis,
Michael Garrity, of Horsley Witten Group, Inc. and Butch Lisenby, Airport
Manager, appeared to present the application. The Airport will be undertaking
future capital improvements and thus is seeking to delineate the wetlands in
that area. The work to be undertaken will include various improvements related
to safety and security limit controls, the runway, the terminal and service
access by the Federal Aviation Association.
Public
Comment: None.
Commission
Discussion: The Commission questioned Ms. Magner, Ms. Ball, Ms.
Shupenis and Mr. Garrity.
Dennis Minsky moved to
approve the accuracy of the ANRAD, Lynne Martin seconded and it was so voted,
4-0.
Request for
Determination of Applicability
Application by Kimball Residential Design representing
Cynthia Simmons for a Determination of Applicability under the Provincetown
Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the
Massachusetts Wetland Protection Act M.G.L. c. 131, § 40. The applicant seeks
approval to remove the existing deteriorated roof and framing members,
reconstruct and add two dormers, increase elevations and roof pitch, replace
all existing windows and add windows, add bump-out on an entry door, reconstruct
existing bump-out and insulate the envelope of the unit interior at the
property located at 481 Commercial Street, Unit #2, in Provincetown.
Co-Chair Dieter Groll recused himself because of a conflict of interest.
Presentation:
Neal Kimball appeared to present the application. There was storm
damage done at the site and to the roof of the structure. The applicant seeks
to repair the roof and also seeks to add loft space to the interior of the
unit.
Public
Comment: None.
Lynne Martin moved to
grant a Negative #3 Determination with the standard Order of Conditions, Dennis
Minsky seconded and it was so voted, 3-0.
Conservation
Restriction Discussion: 74 Harry Kemp Way, New Open Space Land Acquisition –
The Commission discussed the revised conservation
restriction.
Dennis Minsky moved to
approve the conservation restriction for 74 Harry Kemp Way as amended, Dieter
Groll seconded and it was so voted, 4-0.
Regulations
Discussion: Brian Carlson is soliciting ideas from the
Commission about new local regulations. Several ideas were discussed, including
restrictions on the use of pesticides and fertilizers and performance standards
for applicants. The Commission decided that a Work Session dedicated to
discussing this issue would yield more productive ideas. The Work Session will
be held on February 20, 2007 at 5:30 P.M.
MINUTES:
January 9, 2007 – Executive Session – Dennis Minsky moved to
approve the language as amended, Lynne Martin seconded and it was so voted,
3-0-1 (Dieter Groll abstaining).
January 9, 2007 – Regular Session – Dennis
Minsky moved to approve the language as written, Lynne Martin seconded and it
was so voted, 3-0-1 (Dieter Groll abstaining).
September 19, 2006 – Dieter Groll moved to
approve the language as written, Lynne Martin seconded and it was so voted,
3-0-1 (Elaine Anderson abstaining).
February 21, 2006 – Dieter Groll moved to
approve the language as written, Dennis Minsky seconded and it was so voted,
2-0-2 (Elaine Anderson and Lynne Martin abstaining).
May 2, 2006 – Elaine Anderson moved to approve
the language as amended, Dennis Minsky seconded and it was so voted, 3-0-1
(Lynne Martin abstaining).
October 3, 2006 – Dennis Minsky moved to
approve the language as written, Lynne Martin seconded and it was so voted,
4-0.
November 21, 2006 – Work Session – Elaine
Anderson moved to approve the language as written, Dieter Groll seconded and it
was so voted, 3-0-1 (Dennis Minsky abstaining).
November 21, 2006 – Regular Session – Elaine
Anderson moved to approve the language as written, Lynne Martin seconded and it
was so voted, 3-0-1 (Dennis Minsky abstaining).
November 21, 2006 – Executive Session – Elaine
Anderson moved to approve the language as written, Dieter Groll seconded and it
was so voted, 3-0-1 (Dennis Minsky abstaining).
Co-Chair Elaine Anderson moved to go into Executive Session at 9:20
P.M. Each Commissioner, when polled separately, assented.
ADJOURNMENT:
Lynne Martin 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 ___________________, 2007.
Respectfully submitted,
Ellen C. Battaglini
Approved by ________________________________ on _____________, 2006
Dieter Groll and Elaine Anderson, Co-Chairs