PROVINCETOWN CONSERVATION COMMISSION

February 20, 2007

6:30 P.M.

 

 

Members Present: Dieter Groll, Dennis Minsky and Lynne Martin.

Members Absent: Elaine Anderson (excused), Robin Evans and Paul Tasha.

Others Present:  Brian Carlson (Health Inspector) and Ellen C. Battaglini (Recording Secretary).

 

 

WORK SESSION

 

 

Co-Chair Dieter Groll called the Work Session to order at 5:30 P.M.

 

The Commission discussed additional conservation issues that may need to be dealt with in the new local regulations, including the need for definitions of ‘passive recreation’ and ‘quality of fill’, rules pertaining to the use of pesticides and herbicides and the Conservation Commission application process, specifically, before what regulatory boards should applicants appear before appearing in front of the Commission. Other issues discussed included making sure that an applicant has staked a site to accurately reflect the plan that they submit to the Commission and requiring applicants to submit site plans at least 5 days before the Commission’s hearing on the matter.

 

Brain Carlson will take the suggestions and write them up for Commission review.

 

Co-Chair Dieter Groll adjourned the Work Session at 6:37 P.M.

 

 

 

PUBLIC HEARING

 

 

Co-chair Dieter Groll called the Public Hearing to order at 6:37 P.M.

 

PUBLIC STATEMENTS:

None.

 

OLD BUSINESS:

Certificate of Compliance

Application by Salvatore DeRose, represented by Felco Engineering, Inc. seeks a Certificate of Compliance for an Order of Conditions (SE-58-0371) issued for Phase II work on a new septic system and landscaping at the property located at 17 Somerset Road, Provincetown.

The applicant requested a continuance until the March 6, 2007 hearing.

Dennis Minsky moved to continue the request of the applicant for a Certificate of Compliance for an Order of Conditions (SE-58-0371) for the property located at 17 Somerset Road, Lynne Martin seconded and it was so voted, 3-0.

 

NEW BUSINESS:

Request for Determination of Applicability

Application by Appledore Marine Engineering, Inc. representing USCG 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: repairs to the waterfront facilities including the pier, breakwater and floating dock for the property located at 125 Commercial Street, Provincetown.

Presentation: Dan O’Connor, project engineer, appeared to present the application. The project proposes to undertake repairs to the waterfront facilities at the Provincetown Coast Guard Station. The project involves repair to the pier, breakwater and floating dock at the site. These miscellaneous repairs are necessary in order to maintain the integrity of the structures and to allow the Coast Guard to carry out its activities.

Public Comment: Deborah Paine suggested that the Commission ask the general contractor in charge of the project to appear before them to answer questions about the mitigation techniques that will be undertaken in order to protect the resource area. Amy Germain had questions about swimming in the area of the Coast Guard station during the course of the project.

Commission Discussion: The Commission questioned Mr. O’Connor.

Dennis Minsky moved to approve a Negative #3 Determination for the proposed project at 125 Commercial Street subject to the following conditions:

  • the general contractor in charge of the project shall notice the Conservation Commission and the Conservation Agent before any work begins and mees with the latter on site;
  • there will be no heavy machinery allowed on the beach
  • there be designated areas for the storage of materials; and
  • construction debris from the site will be hauled to a licensed landfill.

Lynne Martin seconded and it was so voted, 3-0.

 

Request for Determination of Applicability

Application by Jennifer Davidson and Tara Sandle, represented by Deborah Paine, Inc., 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 an addition of 1’ 2” by 6’ 0” to the present bathroom on the north side of Unit 6 at the property located at 153 Commercial Street, Provincetown. Dieter Groll suggested to the Commission that he recuse himself because of a conflict of interest on this application. The applicants had no objections to Mr. Groll sitting on the case. Mr. Groll informed the Commission that he would derive no financial benefit from the outcome of the Commission’s decision.

Presentation:  Deborah Paine appeared to present the application. The applicants seek to remodel a free-standing condominium, specifically adding a bump-out to the bathroom.

Public Comment: None.

Commission Discussion: The Commission questioned Ms. Paine.

Dennis Minsky moved to approve a Negative #3 Determination for the proposed project at 153 Commercial Street, subject to the following conditions:

  • no work will be done on windy days;
  • a silt fence will be erected between the project and the beach; and
  • a dumpster will be placed in the driveway for collection of construction debris.

Lynne Martin seconded and it was so voted, 3-0.

 

Request for Determination of Applicability

Application by Robena Malicoat 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 current use of an egress and access roadway for the property located a 320R Bradford Street, Provincetown.

Presentation: Robena Malicoat, Conrad Malicoat and Anne Lord appeared to present the application. The applicants seek to use .3 miles of an abandoned right-of-way for the purpose of accessing their property. The applicants are requesting a determination from the Commission as to whether the use of the roadway will have any negative impacts on the adjoining resource area.

Public Comment: Paula Sperry, an abutter, had concerns about the safety of the box turtles in the area and the close proximity of the roadway to the wetlands in the area. Celine Gandolfo stated that she would like to see the applicants use Fortuna Road in order to access their property. This means of access, which was never built, was granted to the Malicoat family by the Planning Board back in the 1070’s. There were 2 letters in support of the application and 1 letter in opposition.

Commission Discussion: The Commission questioned Ms. Malicoat, Mr. Malicoat and Ms. Lord.

Dennis Minsky moved to grant a Negative #3 Determination for the request to use a roadway to access the property located at 320R Bradford Street, subject to the following conditions: 

  • there will be no improvements made to the roadway; and
  • the function of the roadway will be limited to providing access for the single lot located at 320R Bradford Street.

 Lynne Martin seconded and it was so voted, 3-0.

 

Request for Determination of Applicability

Application by 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 proposed work: excavation for a new foundation and the relocation of an existing house to a new foundation on the property located at 23 Race Point Road, Provincetown.

Presentation: Ted Malone and Monica Stubner appeared to present the application.

The location of the house has been moved farther away from the resource area, from 81’ to 90’ away. The applicant submitted a modified plan for the new foundation.

Public Comment: None.

Commission Discussion: The Commission questioned Mr. Malone and Ms. Stubner.

Dennis Minsky moved to grant a Negative #3 Determination for the proposed project at 23 Race Point Road subject to the following condition: that numbers 2,3,5 and 6 in the General Notes, located on a site plan dated January 22, 2007 and revised February 15, 200,7 regarding construction protocol will be followed, Lynne Martin seconded and it was so voted, 3-0.

 

CONSERVATION BOARD STATEMENTS:

Dennis Minsky suggested that the Commission work on recruiting new members.

 

ADJOURNMENT: Lynne Martin moved to adjourn at 8:45 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