Members Present:
Dennis Minsky, Elaine Anderson, Dieter Groll, 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
PUBLIC COMMENTS:
None.
MINUTES:
DISCUSSION:
Beach
Cleaning: Jerry Irmer, Chairman of the
Harbor Committee and Rex McKinsey, Harbormaster, appeared to discuss the issue
with the Commission. Mr. Irmer and Mr. McKinsey are appearing to get input and
guidance on how to proceed from the Commission. They would also like to develop
a protocol and procedures for beach cleaning. They will be utilizing manpower
from the Department of Public Works, Americorps and inmates housed in
NEW BUSINESS:
Notice of Intent
Application by David Guertin, DPW Director,
for a Notice of Intent under the
Lynne Martin recused herself because of a conflict
of interest.
Presentation: David
Guertin, DPW Director, and Mark White, of Environmental Partners Group, Inc.,
appeared to present the application. Mr. Guertin explained the process that was
undertaken, the issues involved and the subsequent effect on the resource area
of Foss Woods when the discharge of water from the holding tank on
Public Comment: Celine Gandolfo, speaking on behalf of the Provincetown
Conservation Trust, spoke of her concerns about the species habitats in the
area and the damage that may have been done to those habitats as a result of
the discharge.
Commission
Discussion: The
Commission questioned Mr. Guertin and Mr. White. Mr. Guertin agreed to
formulate a plan for proceeding with discharges in the future, in consultation
with Environmental Partners Group, Inc., and send it to Brian Carlson who will
present it to the Commission for discussion. The case is continued until the
Elaine Anderson moved to grant a continuance until
the September 18, 2007 hearing, Dieter Groll seconded and it was so voted, 4-0.
OLD BUSINESS:
Application by Richard L. Bready, represented by Coastal
Engineering Company, Inc., 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 has filed a Notice of Intent for proposed
landscaping improvements at the property located at 531 Commercial Street, in
Presentation: Reggie Donoghue, John DeSouza and Glen Parker appeared to discuss the
application. The applicant submitted revised proposed landscaping plans, which
incorporate suggested changes requested by the Commission from a previous
hearing. Mr. Donoghue stated the changes that were made:
§
The
proposed footprint of the palletized patio has been reduced and moved behind
the seawall, which will allow the patio to sit lower and be less subject to
storm damage.
§
The
irrigation well was removed.
§
The
outdoor shower was moved further away from the resource area and reduced in
size.
§
Information
was submitted to the Commission regarding the permeability of the cobblestones
to be used for the driveway on site.
§
The
gas service to the plumbed barbecue has been moved.
§
The
concrete pads for the air-conditioning condensers were raised in height to keep
them above the flood elevation per the request of the Building Commissioner.
§
The
new calculations regarding green area have shown an increase in that
percentage.
§
Only
native plantings will be used on site.
Public
Comment: John Livingstone, an
abutter, voiced his dismay at not having an opportunity to see the new plans.
He requested that the Commission continue the matter.
Commission
Discussion: The Commission
questioned Mr. Donoghue, Mr. DeSouza and Mr. Parker.
Dieter Groll moved to
grant the Notice of Intent with the Standard Conditions, incorporating the
construction detail submitted with the new plans labeled ‘SD-1’ in addition to
the following:
§
A reduction
of the patio size as presented;
§
The
elimination of the irrigation well;
§
The
relocation and a reduction in size of the outdoor shower;
§
The use of
the cobblestones for the driveway as presented;
§
An increase
in the percentage of green area;
§
The
relocation of the deck behind the sea wall as presented;
§
The use of
native plantings only; and
§
No fertilizes
to be used.
Lynne Martin seconded and
it was so voted, 4-1 (David Hale opposed).
Certificate of Compliance
Request for a
Certificate of Compliance by Mark Kinnane, of
Brian Carlson
informed the Commission that the previous Conservation Agent had inspected the
premises and determined that all of the work at the property had been done in
compliance with the Order of Conditions issued.
Elaine Anderson moved to
grant a Certificate of Compliance for the property located at 15 Creek Round
Hill Road, Lynne Martin seconded and it was so voted, 5-0.
Application by Joan Rogers, represented by East Cape
Engineering, Inc., 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 for the property located at 7 Sandy Hill Lane, in Provincetown. The applicant requested that this application be
continued indefinitely. The Commission would request that the applicant either
withdraw without prejudice or continue the application to a date certain.
CORRESPONDENCE:
The Commission has received a proposal for
an Agreement for Judgment in litigation regarding the property located at
Elaine Anderson brought up the issue of
sinkholes at the Shank Painter Pond Resource Area. Dieter Groll mentioned that
there was still Lady’s Thumb present at the site.
Lynne Martin mentioned that someone had
enlisted the help of a DPW employee to removed seaweed on the beach in front of
the Bull Ring Wharf Condominiums.
Dieter Groll moved to write a letter to the Bull
Ring Wharf Condominium Association requesting that they file a Notice of Intent
with the Commission in order to perform that
type of work in the resource area and if it happens again in the future
without an NOI being filed with the Commission , the Association will be
subject to an Enforcement Order issued by the Conservation Agent, Lynne Martin
seconded and it was so voted, 5-0.
Dennis Minsky briefly discussed the upcoming
work to be done at the
WK Red Clay, LLC has requested a time
extension for the re-hearing of their Notice of Intent application until the
Dieter Groll moved to accept a time extension offer
from the applicant and to re-open the hearing of the Notice of Intent
application for WK Red Clay, LLC, to accept and hear new information Elaine
Anderson seconded and it was so voted, 5-0.
Americorps will help work on the database of
Conservation Commission applications.
Lynne Martin moved to go into
Executive Session at
ADJOURNMENT: Elaine Anderson 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
Dennis Minsky and Elaine Anderson,
Co-Chairs