Members Present: Dieter Groll, Elaine
Anderson, Dennis Minsky and Paul Tasha.
Members Absent: Robin Evans and Lynne Martin
(excused).
Others Present: Brian
Carlson (Health Inspector) and Ellen C.
Battaglini (Recording Secretary).
JOINT MEETING
Co-Chair Elaine Anderson called the Joint Meeting to
order at 6:15 P.M.
JOINT
MEETING:
The
Commission and the Open Space Committee, represented by Celine Gandolfo, Steve
Milkewicz and Dennis Minsky, met to discuss a warrant article for Annual Town
Meeting regarding access and egress issues at the property located at
Presentation: Attorney E. James Veara,
representing the Malicoat family appeared to present the article. The applicant
seeks input for the Commission regarding the request, as per the direction of
the Board of Selectmen.
Discussion: The Commission and the Open
Space Committee discussed the warrant article and questioned the proponents.
Co-Chair
Elaine Anderson adjourned the Work Session at 7:05 P.M.
PUBLIC HEARING
Co-chair
Dieter Groll called the Public Hearing to order at 7:07 P.M.
PUBLIC
STATEMENTS:
None.
OLD BUSINESS:
Request for
Determination of Applicability (continued
from January 23, 2007)
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
Presentation:
Paul Shea and William N. Rogers appeared to present the application.
The applicant submitted a schematic profile of the proposed plan. The applicant
reiterated that there will be no alterations to the wetland or buffer zone.
Commission
Discussion: The Commission questioned Mr. Shea and Mr. Rogers.
Public
Comment: None.
Elaine Anderson moved to
grant a Negative #3 Determination for the property at 5 Heather’s Way with the
standard Order of Conditions in addition to the following conditions;
§
all disturbed
areas will be re-vegetated immediately after construction with native plants
and grasses;
§
all roof
run-off will be directed to subsurface leaching areas using flow well systems;
§
the General
Notes shown on the site plan, revised January 5, 2007, will be followed; and
§
the applicant
consults and receives input from the Conservation Agent during the project.
Dennis Minsky seconded and
it was so voted, 4-0.
NEW BUSINESS:
Request for
Determination of Applicability
Application by East Cape Engineering, Inc. representing
Edward Malone 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 for the following work; relocating the existing dwelling to a
temporary location, removal of an existing foundation and the excavation of a
new foundation at the property located at 23 Race Point Road in
Provincetown. Dennis Minsky disclosed that he works for Gordon Peabody who
works for the applicant, but has no financial interest in the outcome of the
application.
Presentation:
Ted Malone and Monica Stubner appeared to present the application. The
applicant submitted a copy of the mitigation plan formulated by
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Malone and Ms.
Stubner. The Commission informed the applicant that they would not approve the
construction of a new foundation as currently proposed.
Dennis Minsky moved to
grant a Negative #3 Determination with the standard Order of Conditions for
work as noted in the project description, excluding the construction of a new
foundation, and including the implementation of the Safe Harbor mitigation plan
as submitted with the application for the property located at 23 Race Point
Road, Paul Tasha seconded and it was so voted, 4-0.
The applicant will file a new Determination of
Applicability for the excavation of a new foundation.
Amended Order of
Conditions
Application by Michael Winstanley, represented
by Zisson and Veara, Attorneys at Law, for an Amended Order of
Conditions for a permit to do work under the Provincetown Wetlands By-Law
Chapter 12 issued on June 21, 2005 under DEP number SE-058-0385 to come into
compliance with a Superceding Order of Conditions issued by DEP on January 3,
2007 for the property located at 781 Commercial Street in Provincetown.
Presentation:
Attorney E. James Veara appeared to present the application. The applicant
seeks to amend the Commission’s Order of Conditions to incorporate the DEP’s
Superceding Order of Conditions. Specifically, the applicant request that the
Order of Conditions be amended in accordance with the Provincetown By-Laws to
reflect the six plans approved by DEP in its Superceding Order of Conditions.
Public
Comment: None.
Commission
Discussion: The Commission questioned Attorney Veara.
Dennis Minsky moved to
amend its Order of Conditions, in accordance with the Provincetown By-Laws, to
reflect the six plans approved by DEP in its Superceding Order of Conditions
for the property located at 781 Commercial Street in Provincetown, Paul Tasha
seconded and it was so voted, 4-0.
Certificate of
Compliance
Application by Clancy Realty Trust, represented
by William N. Rogers, II, P.E., P.L.S., for a Certificate of Compliance
for an Order of Conditions (SE-58-0384) issued on March 2, 2005 for
“preliminary subdivision plan for land as surveyed for Clancy Realty Trust,
William N. Rogers II, P.E., P.L.S., dated October 31, 2004, Plan No. P-04-1599,
one sheet” for the property located at
Presentation:
Paul Shea and William N. Rogers appeared to present the request. The
Order of Conditions was specifically for the demolition of buildings on the
site.
Public
Comment: Mary Ellen Serena, an abutter, was concerned about
the amount of fill at the site, stating that it appeared to be greater than
what was approved by the Commission.
Commission
Discussion: The Commission questioned Mr. Shea and Mr. Rogers.
Dennis Minsky moved to
grant and issue a Certificate of Compliance for the Order of Conditions
SE-58-0384 issued on March 2, 2005 for the property located at 837 Commercial
Street, Elaine Anderson seconded and it was so voted, 4-0.
Draft
of Special Order of Conditions for 34 and 36 Snow’s Lane: Gary
Joseph, speaking for Mimi Gross who is an abutter to 34 and 36 Snow’s Lane,
spoke of his concern regarding the draft Order of Conditions for the proposed
work at that site. Specifically he was stating Ms. Gross’ concern about debris
and fill at the site. The Commission briefly discussed the draft Special Order
of Conditions and pointed out to Mr. Joseph that, in fact, this concern had
been addressed in the Special Order. The Special Orders will issue tomorrow
with a few changes.
Certificate of
Compliance
Application by Studio Shop Condominiums for
a Certificate of Compliance for an Order of Conditions (SE-58-230) issued for
the property located at
Elaine Anderson moved to
grant and issue a Certificate of Compliance for an Order of Conditions
(SE-58-230), Dennis Minsky seconded and it was so voted, 4-0.
Certificate of
Compliance
Application by Salvatore DeRose, represented
by Felco Engineering, Inc., for a Certificate of Compliance for an
Amended Order of Conditions (SE-58-0371) issued for Phase II work of a new
septic system and landscaping at the property located at
Elaine Anderson moved to
approve the continuance until the February 20, 2007 hearing, Paul Tasha
seconded and it was so voted, 4-0.
REVIEW
OF OPEN SPACE AND RECREATION PLAN: Sections pertaining to the Five-Year Action
Plan and the Town-owned Properties List:
Brian Carlson is looking for suggestions from the
Commission regarding the Plan. The Commission will take it under advisement
REGULATIONS
DISCUSSION:
The topic will be scheduled for a Work Session on
February 20, 2007 at 5:30 P.M.
COMMISSION
ELECTIONS:
Treasurer:
Elaine Anderson moved to
nominate Lynne Martin as Treasurer of the Provincetown Conservation Commission,
Dennis Minsky seconded and it was so voted, 4-0.
Chair:
Elaine Anderson moved to
nominate Dieter Groll as Co-Chair of the Provincetown Conservation Commission,
Paul Tasha seconded and it was so voted, 3-0-1 (Dieter Groll abstaining).
CONSERVATION BOARD STATEMENTS:
Paul Tasha voiced his opinion that the Commission
should use their budget to acquire certain pieces of equipment in order that
they may better perform the tasks of the Commission. He mentioned a digital
camera and a laser range finder. The Commission decided to explore their
options in this regard.
CORRESPONDENCE:
The MACC conference will be held in March and
Dennis Minsky is planning on attending a Massachusetts Wetlands Workshop on
winter botany in the end of February.
Dennis Minsky moved to go
into Executive Session at 9:50 P.M. and each Commissioner separately polled,
voted in the affirmative.
MINUTES:
January 23, 2007 – Executive and Regular Session – Dennis
Minsky moved to approve the language as written, Elaine Anderson seconded and
it was so voted, 4-0-1 (Paul Tasha abstaining).
ADJOURNMENT: Elaine Anderson
moved to adjourn at 10:30 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 _____________, 2007
Dieter Groll and Elaine Anderson, Co-Chairs