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).
Chair Dennis Minsky called the Public Hearing to order at
PUBLIC
COMMENTS:
None.
MINUTES:
August 7, 2007 – Regular Session – Elaine Anderson moved to approve the language as amended, Lynne Martin
seconded and it was so voted, 3-0-1 (David Hale abstaining).
August 7, 2007 – Executive Session – Elaine Anderson moved to approve the language as amended, Lynne Martin
seconded and it was so voted, 3-0-1 (David Hale abstaining).
OLD BUSINESS:
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 Watkins appeared to discuss the application. The
applicant submitted a draft conservation restriction to be conveyed to Town
Counsel. The applicant seeks to discuss the draft with the Commission and
solicit comments and recommendations. In addition, a review of the site plan
modification submitted at the previous meeting and the new plan, with minor
changes, is sought.
Commission
Discussion: The Commission questioned Mr. Watkins, Mr. Krohn,
Mr. Donoghue and Attorney Murphy. Brian Carlson will submit the draft
restriction to Town Counsel.
Public Comment: Joan Gibbons, speaking
for Hatches Harbor Condominium, an abutter, had a question concerning the
number of units proposed and reiterated the Condominium’s concern about the
stability of their property in light of the proposed project. Annemette
Cliggett-Pearlt, a resident of
The applicant requested a continuance.
Elaine Anderson moved to approve the request for a continuance, Dieter
Groll seconded and it was so voted, 5-0.
NEW BUSINESS:
Application by Ann
Maguire, represented by Deborah Paine, 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 add an 11’ by 14’ seasonal
porch and a 4’ by 9’ 10” exterior utility closet at the property located at
Presentation: Deborah Paine appeared to present
the application. The applicant seeks to add a seasonal screened/windowed sun
porch and an exterior utility closet to the existing easterly-most residence.
The east side of the existing residence is a gravel parking lot that runs parallel
to the buffer zone and is on the landward side of the Historic Mean High Water
line. The proposed sun porch will be supported by 3 concrete piles and the
proposed closet will sit on a concrete slab. The applicant submitted a
construction protocol, which will be incorporated into the Order of Conditions
for the project.
Public Comment: None.
Commission Discussion: The
Commission questioned Ms. Paine. The Department of Environmental Protection has
not assigned a file number for, nor has commented on, the project.
Elaine Anderson moved to grant Notice of Intent for the property located at 79 Commercial Street with the Standard Order of Conditions and contingent upon DEP’s assignment of a file number to, and positive comments about, the project, in addition to changing the “hay bales” to “straw bales” in the first bullet point of the construction protocol submitted by the applicant, Dieter Groll seconded and it was so voted, 5-0.
Request for an Amended Order of Conditions:
Application by David Martin
represented by Robert Valois for a Request for an Amended Order of Conditions
pursuant to the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and
the Provincetown Wetlands By-Law Chapter 12. The applicant seeks to amend a
current Order of Conditions under DEP File No. SE-058-0386 for the property
located at
Presentation: Robert Valois appeared to present
the application. As a result of the pursuance of a Chapter 91 amnesty license,
the DEP requested that the plans already approved by the Conservation
Commission for this property be revised. The alterations are all reductions to
the footprint and building scope. In addition to a reduction of the lateral
expansion of the existing footprint, there will be an elimination of a second
floor deck, the elimination of pier expansion and the elimination of a second
floor living space beyond the Mean High Water line. The applicant submitted a
construction protocol for the proposed project, which will be incorporated into
the Order of Conditions.
Public Comment: None.
Commission Discussion: The
Commission questioned Mr. Valois.
Elaine Anderson moved to grant
the Request for an Amended Order of Conditions for the proposed project DEP
File No. SE-058-0386 for the property located at 47 Commercial Street with the
original Order of Conditions to remain in effect and incorporating the construction
protocol submitted by the applicant, Dieter Groll seconded and it was so voted,
5-0.
APPOINTMENTS:
The Commission discussed the
appointment of their representative to the CPC. The seat will remain vacant for
now. Brian Carlson volunteered to represent the Commission if it is possible.
Elaine Anderson will investigate the issue.
CORRESPONDENCE:
The National Seashore has
informed the Commission regarding their up-coming projects.
Michael Winstanley has filed
his application for a Notice of Intent and paid his fine in accordance with the
Enforcement Order issued by the Commission.
CONSERVATION BOARD STATEMENTS:
The Commission discussed the
activity at the Murchison property located at
Brian Carlson discussed the
property located at
Elaine Anderson asked Brian
Carlson for an update on the all-terrain vehicle complaint at Clapp’s Pond.
Dieter Groll reported that
Round-up had been sprayed at the Shank Painter Pond Resource Area.
Dennis Minsky moved to go into Executive Session at
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
Dennis Minsky and Elaine Anderson, Co-Chairs