PROVINCETOWN CONSERVATION COMMISSION

Meeting Minutes

April 17, 2007  6:30 P.M.

 

Members Present: Dennis Minsky, Elaine Anderson, Lynne Martin and David Hale.

Members Absent: Paul Tasha and Dieter Groll (unexcused).

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 6:34 P.M.

 

Joint Public Hearing

The Provincetown Conservation Commission, Open Space Committee and the Recreation Commission to discuss and vote on the Final Open Space and Recreation Plan.

This discussion will be postponed until later on the agenda.

 

PUBLIC STATEMENTS:   None.

 

NEW BUSINESS:

Request for Negative Declaration: Chapter 91 Amnesty License

Request by Stella Chasteen represented by Schofield Brothers of Cape Cod for a Negative Declaration for a Chapter 91 Amnesty License for the property located at 579 Commercial Street, Provincetown.

Presentation: Laura Schofield appeared to present the request. This license is for the applicant’s existing bulkhead, deck and beach access stairs. The applicant submitted a copy of the Chapter 91 License Plan showing the existing, as-built structures. No change, alteration or modification is proposed or requested for the existing structures. The applicant is applying for use and maintenance of what is now existing.

Public Comment: None.

Commission Discussion: The Commission questioned Ms. Schofield.

Elaine Anderson moved to grant a Negative Declaration for a Chapter 91 Amnesty License and to issue a letter to the Massachusetts Waterways Program to that effect, Lynne Martin seconded and it was so voted, 4-0.

 

MINUTES:

April 3, 2007

February 20, 2007

A quorum was not present to approve these minutes.

 

Notice of Intent

Application by WK Red Clay, LLC, represented by Coastal Engineering, 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 remove two existing residential structures and construct a residential complex and associated site work, including drainage improvements, sewage disposal system installation, landscaping, and buffer zone enhancement within land subject to coastal storm flowage and the buffer zone of an isolated wetland for the property located at 21 Bradford Street Extension in Provincetown. This applicant requests a continuance until the May 15, 2007 hearing.

Elaine Anderson moved to grant a continuance for the Notice of Intent application submitted by WK Red Clay, LLC, Lynne Martin seconded and it was so voted, 4-0.

 

CORRESPONDENCE:

 

ATLANTIC HOUSE BAR:

The Commission discussed the situation that led to the closing of the Atlantic House Bar. Brian Carlson will request that the Health Agent investigate other properties for similar occurrences. If any other properties are in violation, he will send a letter to the property owners informing them that fines will be levied. He will draft the letter and submit it to the Commission for approval.

 

TOWN LANDINGS:

Rex McKinsey sent an e-mail to the Commission stating that he seeks to remediate the serious erosion issues on the town beaches as a result of the recent storms. Many of the town landings suffered damage. Brian Carlson recommends that an emergency work order be approved by the Commission in order to repair the town landings, re-sand and remove debris. The Commission discussed the issue and decided to let Brian obtain more information from Mr. McKinsey who was not present at the meeting, but approve the emergency work order.

Elaine Anderson moved to approve an emergency work order to repair damage done to town landing with the request that more details of the plan that Rex McKinsey intends to implement be provided to the Commission, Lynne Martin seconded and it was so voted, 4-0.

 

TIDES MOTEL:

The issue of fill at the property was discussed. The current elevation as a result of the fill dumped on site is not what the Commission approved. There is a neighborhood group that is requesting a review of the grading and filling. Brian Carlson investigated these concerns. He learned that the fill came from another project on another site and was just being stored on the property. The Building Commissioner is also investigating some issues at the property and the Commission would like to know what he has to say.

 

Joint Public Hearing

The Provincetown Conservation Commission, Open Space Committee and the Recreation Commission to discuss and vote on the Final Open Space and Recreation Plan. There were members of the Open Space Committee present, but no one was present from the Recreation Commission. Michelle DeMarco, chair of the Disability Committee joined the discussion as well. The groups present would like to work more closely with the Disability Committee to make conservation land more user-friendly to and manageable by disabled people, including updating any management plans to reflect this idea. Olga Upsahl Gee spoke about land that she owns that she would like to see made into a park and would like to make it accessible to the handicapped. It was suggested that a joint meeting with the Open Space Committee, the Conservation Commission and the Disability Committee at the various conservation areas in Town could be scheduled to investigate these ideas.

Dennis Minsky moved to write a letter of approval to the Division of Conservation Services, Lynne Martin seconded and it was so voted, 3-0.

 

CONSERVATION BOARD STATEMENTS:

The issues that the Commission felt needed to be addressed were as follows:

  • Commission accounts;
  • By-law regulations;
  • Dennis Minsky’s ideas for changes in the meeting format;
  • Brian Carlson’s appointment as a Conservation Agent; and
  • Administrative Reviews.

 

Lynne Martin and Dennis Minsky will schedule a meeting with the new Town Manager, Sharon Lynn, to discuss the topic of Brian Carlson’s appointment as the Conservation Agent.

 

The Commission briefly discussed the 4 accounts that the Commission controls. The goal is to be able to do budget analyses and keep track of the money in these accounts.

Elaine Anderson moved that, on a case by case basis, funds will be allocated for training, travel and reference material, giving authorization to the Conservation Agent to process the paperwork to allocate said funds, Lynne Martin seconded and it was so voted, 4-0.

 

The Commission also felt that all Administrative Reviews should come before them for review after being approved or disapproved by the Conservation Agent. The Commission would like to conduct more research to find out the process by which they could appeal a decision of the Conservation Agent and how many days they would be allowed in order to appeal a review.

 

The Commission briefly discussed changes in the dynamic of Conservation Commission hearings.

 

Mark Robinson, of the Compact of Cape Cod Conservation Trusts, seeks approval for his management plan for Nicky’s Park. Lynne Martin moved to approve the management plan for Nicky’s Park as presented to them by Mark Robinson, Elaine Anderson seconded and it was so voted, 4-0.

 

Dennis Minsky moved to go into Executive Session at 9:00 P.M. in order to discuss legal matters. Each Commissioner was polled separately and each assented to the motion.

 

ADJOURNMENT: Lynne Martin moved to adjourn the Regular Session at 9:05 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

Dennis Minsky and Dieter Groll, Co-Chairs