PROVINCETOWN CONSERVATION COMMISSION

MEETING MINUTES

June 14, 2007

7:00 P.M.

 

Members Present: Dennis Minsky, Dieter Groll (arrived at 7:45 P.M.), Elaine Anderson, Lynne Martin and David Hale.

Members Absent: 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 7:05 P.M.

 

DISCUSSION:

Discussion of the finalization of the Order of Conditions for the property located at 21 Bradford Street Extension.

The Commission had requested at the last hearing that the applicant submit a draft conservation restriction, or covenant, on the upland area on the property, which includes the tennis courts. The applicant complied by submitting a proposed Agreement. This Agreement was then vetted by Town Counsel, who sent recommendations for the Order of Conditions for the project and comments on the Agreement to the Commission. The Commission discussed the specific comments of Town Counsel on the proposed Agreement and each of the comments on the proposed Order of Conditions.

The Commission also discussed requesting an extension of 30 days in order to finalize the Order of Conditions and posed the question to the applicant who agreed to grant an extension.

The Commission then discussed their ability, according to state statute, of requesting of the applicant to reimburse the Town for counsel fees related to advising the Commission on formulating the Order of Conditions. The applicant indicated a willingness to comply with this request.

 

Co-Chair Dennis Minsky postponed the meeting at 8:20 P.M. in order that he and Co-Chair Dieter Groll could consult with Town Counsel via cell phone.

 

Co-Chair Dennis Minsky reconvened the meeting at 8:41 P.M.

The Commission decided to continue the discussion at the June 19, 2007 hearing.

CONSERVATION BOARD STATEMENTS:

The Commission discussed the option of re-considering a project that has already been heard, where the public portion of the hearing has been closed and the Commission has begun deliberating. If new evidence is presented, the Commission can vote to re-consider the project and re-open the public hearing to discuss the new evidence.

 

ADJOURNMENT: Elaine Anderson 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 _____________, 2007

Dennis Minsky and Elaine Anderson, Co-Chairs