PROVINCETOWN CONSERVATION COMMISSION

MEETING MINUTES

August 7, 2007

6:30 P.M.

 

Members Present: Dennis Minsky, Elaine Anderson, Dieter Groll (arrived at 6:37 P.M.), Lynne Martin.

Members Absent: David Hale (excused) and Paul Tasha.

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

 

JOINT WORK SESSION WITH HARBOR COMMITTEE

Co-chair Dennis Minsky called the Work Session to order at 6:01 P.M.

Rex McKinsey, Harbormaster, and Jerry Irmer, Chair of the Harbor Committee, appeared to discuss beach cleaning protocols and procedures for Town beaches. They are looking for guidance on formulating rules and regulations to deal with cleaning the Town beaches on a regular basis.  It is planned that these procedures and protocols will be implemented beginning next year. The Town intends on filing a Notice of Intent for the proposed work. Many issues related to this topic were discussed, including when and how to handle the wrack line and areas that are planted with beach grass. The Commission resolved to conduct a site visit with Mr. McKinsey and Mr. Irmer and to consult with Graham Geiss, Coastal Geologist Center of Coastal Studies to gather more information about the role of the wrack line on the beach and its importance to the beaches. Brian Carlson will set up the site visit, which will include a boat tour.

 

PUBLIC HEARING

 

Chair Dennis Minsky called the Public Hearing to order at 6:30 P.M.

 

PUBLIC COMMENTS:

Rhoda Rossmore, of 25 Commercial Street, voiced her concerns about the effect that the proposed project at 21 Bradford Street Extension will have on the environment in the area.

 

MINUTES: July 17, 2007 – Regular Session – Elaine Anderson moved to approve the language as amended, Lynne Martin seconded and it was so voted, 4-0.

 

July 17, 2007 – Executive Session – Elaine Anderson moved to approve the language as written, Dieter Groll seconded and it was so voted, 4-0.

 

DISCUSSION:

Dog Park Proposal: Candace Nagle and Kath Cote appeared to present a proposal to the Commission for a dog park. They are asking for approval for the site that has been selected and to answer questions or address any concerns the Commission may have related to the project. If the Commission does approve of the selected site, Ms. Nagle and Ms. Cote are requesting that a letter to that effect be made available to them before the August 27, 2007 public hearing on the issue before the Board of Selectmen. The Commission questioned Ms. Nagle and Ms. Cote. Brian Carlson reported positively to the Commission on his research related to the chosen site. He will work with Ms. Nagle and Ms. Cote on a letter of support from the Commission.

 

NEW BUSINESS:

Notice of Intent

Application by Peter Clemons 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 build a 10’ by 14’ studio/shed on the property located on the Cape Cod National Seashore (Old Snail Road) in Provincetown.

Presentation: Peter Clemons appeared to present the application. The proposed shed will be built on an existing path. There will be no disturbance of the resource area in the vicinity as there are no plans to cut any bushes or shrubs in order to build the shed..

Public Comment: None.

Commission Discussion: The Commission questioned Mr. Clemons.

Dieter Groll moved to recognize that the application before the Commission was not a Notice of Intent, nor was the previous discussion of the proposal to build a 10’ by 14’ shed a formal Notice of Intent hearing, however  the Commission supports Mr. Clemons’  proposal, Lynne Martin seconded and it was so voted, 3-0-1 (Elaine Anderson abstaining).

 

Notice of Intent (Hearing Re-opened)

Application by WK Red Clay, 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 for the property located at 21 Bradford Street Extension, in Provincetown. The Commission has re-opened the hearing to accept and consider new information for a residential development project.

Presentation: David Krohn, Reggie Donoghue, Attorney Lester J. Murphy and Jim Higgins appeared to discuss the application. The applicant has revised the plans for the proposed project based on information from the Fire Chief concerning a turn-around radius for emergency vehicles on the property. Two buildings have been moved to either side of the present location of the clubhouse, removing them from the 50’ buffer zone of the resource area. Court 1 will be removed to make room for the new location of the clubhouse.

Public Comment: Alix Ritchie, an abutter, raised the issue of allowing the applicant to build in the 50’ buffer zone of the resource area when there are uplands on the property to build upon and the issue of whether the Commission should restrict further building on those uplands. Al Gordon, an abutter, had a question about the location of buildings in the buffer zone of the resource area as it related to state and local conservation regulations. He also questioned the Commission about how the enforcement of mitigating factors occurs. Bill Glass, speaking for the Hatches Harbor Condominium, spoke of his concern for the stability of the land abutting the Condominium. Annemette Cliggett-Pearlt, a resident of Creek Round Hill Road, spoke against the project. After much discussion, the applicant requested a continuance.

Elaine Anderson moved to approve the request for a continuance, Lynne Martin seconded and it was so voted, 4-0.

 

Ratification of an Enforcement Order

781 Commercial StreetThe Commission discussed the violation of an Enforcement Order issued on July 24, 2007 to the owner of 781 Commercial Street, Michael Winstanley. The Order was in regard to the alleged unauthorized removal of vegetation from a coastal beach located at the property.  A fine of $200.00 was levied for a Type 1 violation under local by-laws, which states that the unauthorized removing, degrading or altering of a resource area is not allowed. The Commission also discussed a letter written by Mr. Winstanley in response to the Order.

Dieter Groll moved to amend the Enforcement Order issued July 24, 2007 by checking all boxes in Section C. Order, on page 2 of the Enforcement Order, which thereby has the Commission ordering that:

§         The property owner, his agents, permitees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.

§         Wetland alterations resulting from said activity should be corrected and the site returned to its original condition.

§         A Notice of Intent be completed. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority.

Elaine Anderson seconded and it was so voted, 4-0.

 

Notice of Intent

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 a withdrawal without prejudice.

 

APPOINTMENTS:

Richard Silver and Al Gordon were discussed.

Elaine Anderson has been nominated to become a member of the Community Housing Council and must give up her position as the Commission’s representative to the Community Preservation Committee. The Commission will need to appoint another member to take her place.

 

ANY OTHER BUSINESS:

Dieter Groll again brought up the pressing and critical issue of the continued presence of Lady’s Thumb at the Shank Painter Pond Resource Area and urgently suggested that the Commission contact the DPW about sending out an employee to begin spraying in an effort to eradicate the invasive species.

 

Dennis Minsky moved to go into Executive Session at 10:00 P.M. in order to discuss personnel matters. Each Commissioner was polled separately and each assented to the motion.

 

ADJOURNMENT: Elaine Anderson moved to adjourn at 10:07 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