Members Present: Dieter Groll,
Dennis Minsky , Elaine Anderson
Members Absent: Lynne Martin (excused) and Paul
Tasha.
Others Present: Brian
Carlson (Health Inspector) and Ellen C.
Battaglini (Recording Secretary).
PUBLIC HEARING
Co-chair
Dennis Minsky called the Public Hearing to order at
PUBLIC
STATEMENTS:
NEW
BUSINESS:
Request for
Determination of Applicability
Application by Jerome and
Presentation:
Attorney Brian J. Wall and Carol Sherry, daughter of the applicants,
appeared to present the application. The applicants seek to clear and
re-establish an over-grown easement on the west side of the property. The legal
easement on the west side was changed to the east side many years ago at the
request of the neighbor whose land it traverses and with his permission. A
boardwalk was laid down and the east side easement was used by the applicants
and their family. Several years later, that permission was rescinded and the boardwalk
on the east side was ripped up and the east side easement was barricaded by the
servient landowner. Since then the issue has become the subject of much dispute
and ill will between the applicant and the neighbor. The applicants wish to
re-establish the legal, west side easement and end this contentious issue.
Public
Comment: Attorney E. James Veara, representing the neighbor
with whom the applicants are in dispute, spoke against the application,
contending that the applicants should be filing a Notice of Intent in order to
move the easement back to its original location. He states that the easement
passes over a coastal dune, a designation previously established by the
Commission, and that the application for a Determination of Applicability is not
sufficient given that the area in question is part of a resource area. Attorney
Veara would like to see an engineered site plan and details about what exactly
is going to be done to re-establish the easement. There was 1 letter in the
file in support of the application.
Commission
Discussion: The Commission questioned Attorney Wall and Ms.
Sherry.
Dennis Minsky moved to
grant a Negative #3 Determination for the creation of a footpath at the
property located at
§
All work done
at the site should be done manually; no heavy machinery will be employed;
§
no pesticides or herbicides will be used in
the clearing of the pathway;
§
the pathway
will not exceed 3’ in width;
§
material
removed will be properly disposed of; and
§
the pathway
shall be marked with flags and pre-approved by the Conservation Agent before
work begins.
Lynne Martin seconded and
it was so voted, 4-0.
Notice of Intent
Application by Jay Anderson, represented by Emily
E.H. Beebe, for a Notice of Intent under the Massachusetts Wetlands
Protection Act M.G.L. c. 131, § 40 and the Provincetown Wetlands By-Law Chapter
12. The applicant seeks to conduct landscaping in the buffer zone of a coastal
dune, replacement of a fence along a coastal dune and maintenance activities at
the property located at
Presentation:
Emily E. H. Beebe, Bob O’Malley and Attorney E. James Veara appeared to
present the application. The applicant seeks to:
§
Plant 18 – 36 bayberry bushes in one gallon
planters along the edge of the coastal dune, using low nitrogen, slow-release
organic fertilizers and mulch;
§
establish a perennial bed around the deck of
Building 2;
§
install drip irrigation lines along the west
side of the building;
§
construct a wooden gangplank from the edge of
the pavers to the elevated walkway;
§
put in a flagstone patio on the south side of
Building 3;
§
fence
the side lines on the east and west sides of the property with board fence; and
§
maintain the existing trees, shrubs and other
plantings at the site.
No machinery will be used
for the work; all work will be done by hand. The applicant also requests that
the Commission vacate the 3 Enforcement Orders that are currently on the
property. Under an agreement with the Superior Court, the applicant is filing a
Notice of Intent, thus rendering the Enforcement Orders moot and all related
court cases will be eliminated.
Public Comment: There was 1 letter in the
file in from an abutter in favor of the application.
Commission Discussion: The Commission questioned Ms. Beebe, Mr. O’Malley
and Attorney Veara.
Elaine
Anderson moved to approve the Notice of Intent application for work, as
described in said application, to be undertaken on the property located at 139
Commercial Street in Provincetown with the Standard Order of Conditions and
contingent upon the Commission receiving a DEP file number andno negative
response from DEP, Dennis Minsky seconded and it was so voted, 4-0.
Request for
Determination of Applicability
Application by Dr. Donald Butterfield for a
Determination of Applicability under the
Presentation:
Robert Valois and John Reis appeared to present the application. The
applicant wants to raise the roof by 4’ and submitted a written construction
protocol to the Commission.
Public
Comment: Steve Hirschboeck, an abutter, spoke against the
application, citing concerns about the pilings under the structure and the
debris caused by the project. There were 2 letters in the file objecting to the
application.
Commission
Discussion: The Commission questioned Mr. Valois and Mr. Reis.
Elaine Anderson moved to
grant a Negative #3 Determination with standard conditions, the conditions
stated in the construction protocol submitted by the applicant and with the
condition that the applicant install dry wells on the property in order to
mitigate storm water run-off, Lynne Martin seconded and it was so voted, 4-0.
Request for
Determination of Applicability
Application by Cape Cod National Seashore represented
by Dawna St. Louis 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 routine maintenance of trail surfaces, native
species plantings, erosion prevention measures, to install a sand ladder and
add signs at the Cape Cod National Seashore Lands in
Presentation:
Mark Adams, Resource Management, and Dawna St. Louis appeared to
present the application. The applicant seeks to maintain and improve the area
and the trails at
Public
Comment: None. There were no letters in the file.
Commission
Discussion: The Commission questioned Mr. Adams and Ms. St.
Louis.
Elaine Anderson moved to
grant a Negative #3 Determination, Dennis Minsky seconded and it was so voted,
4-0.
MINUTES:
March 20, 2007 – Elaine Anderson moved to approve the language as
written, Dennis Minsky seconded and it was so voted, 3-0-1(Lynne Martin
abstaining).
CONSERVATION
BOARD STATEMENTS:
Dennis
Minsky stated that he has seen some motorized bike activity at the Old Burn
Dump. He will look into the issue and report back at the next hearing.
Dennis
mentioned that he had attended a meeting of the
Dennis
also suggested that a future topic of discussion for the Commission should be
changes in the dynamics of the Commission hearings.
ADJOURNMENT: Lynne Martin moved
to adjourn at
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 Dennis Minsky, Co-Chairs