Members Present:
Dennis Minsky, Elaine Anderson, Lynne Martin and David Hale.
Members Absent: Dieter Groll (excused) and 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:
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, Attorney Lester J.
Murphy and Jim Watkins appeared to discuss a modified draft conservation
restriction that was submitted to the Commission by the applicant.
Commission
Discussion: The Commission had received comments from Attorney
Brian J. Winner, Town Counsel, who had vetted the document. The Commission
proceeded to discuss the Restriction and Easement with Mr. Watkins, Mr. Krohn
and Attorney Murphy. Several changes were made that were agreed to by both the
applicants and the Commission.
Public Comment: None.
Elaine Anderson moved to accept the Restriction and Easement as amended, David Hale seconded and it was so voted, 4-0.
Elaine Anderson moved to close the public hearing and
impose an Order of Conditions consisting of what had been agreed upon over the
last 6 month of Conservation Commission hearings on the matter, Lynne Martin
seconded and it was so voted, 4-0.
NEW BUSINESS:
Application by
Dr. Jerome and
Presentation: Dr. Jerome and Lorraine Harris
appeared to present the application. Mrs. Harris proceeded to give a brief history
of the situation that led to the filing of this application. In 1992, Michael
Winstanley, an abutter, requested that the Harris’ move a deeded 6’ pathway
leading to the beach from the west side to the east side of their property. The
Harris’ agreed and Mr. Winstanley proceeded to put down a boardwalk, with the
promise to amend both deeds to reflect the change. In 2005, Mr. Winstanley took
up the boardwalk and piled the boards at the head of the path, obstructing the
use of the pathway and put up a “No Trespassing” sign. Over the years, the west
side pathway became overgrown with
Public Comment: A letter from E. James
Veara, representing Michael Winstanley in opposition to the application was in
the file. The letter alleges that the Harris’ application is incomplete,
inadequate and vague. The letter further requests that the Commission impose
the same conditions on the Harris’ project that were imposed on Mr.
Winstanley’s when he was planning the building project on his property,
including making the footpath in question elevated in order to accommodate any
sand migration. Bob Fodor, an abutter, spoke in support of the application.
Craig Lyon also spoke in support of the application.
Commission Discussion: The
Commission questioned Dr. and Mrs. Harris. There is no DEP number for this
project yet. The Commission would suggest that the Harris’ contact Brian
Carlson after the work is completed in order confirm that what the Commission
has requested of them has been implemented.
Elaine Anderson moved to approve the application for a Notice of Intent, which includes a request to remove a dead tree, and prune rosa rugosa and bayberry bushes in order to re-establish a footpath on the west side of the property located at 781 Commercial Street, using a stone marker and stake to mark out that footpath, with the condition that the Conservation Agent inspect the footpath when the work has been completed, Lynne Martin seconded and it was so voted, 4-0. The approval will also be contingent upon the issuance of a DEP number and no opposition from DEP.
Application by
Ronald Chapman, represented by Coastal
Engineering, for a Notice of Intent under the Massachusetts
Wetlands Protection Act M.G.L. c. 131, § 40 and the
Presentation: Roy E. Okurowski, of Coastal
Engineering, appeared to present the application. The applicant seeks to build
a 3’ high vinyl and steel bulkhead on the beach in front of the property for
erosion control.
Public Comment: Patricia Rieker,
representing the West Beach Condominium Association, read a letter opposing the
application. Patrick Buben and Eileen Roland, both abutters, also spoke against
the application.
Commission Discussion: The
Commission questioned Mr. Okurowski. Mr. Okurowski offered to submit an
alternatives analysis to the Commission. The Commission also discussed hiring a
consultant to advise and further inform them about the issues raised by the
application. Brian Carlson will research the issue of hiring a consultant for
the Commission. The applicant requested a continuance to the
Elaine Anderson moved to accept
the request for a continuance until the October 2, 2007 hearing, David Hale
seconded and it was so voted, 4-0.
Request for
Determination of Applicability
Application by Richard Siclari and William Ritzi, represented by Kimball
Designs, for a Determination of Applicability under the Provincetown
Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the
Massachusetts Wetland Protection Act M.G.L. c. 131, § 40. The applicant seeks a
determination on the following scope of work: remove an existing roof and
framing; reconstruct and add one shed dormer; increase roof pitch from 10” in
12” to 14” in 12”; add a second floor to have knee walls of 2’ 0” in
height; install seamless gutters along drip edges; increase overall height from
average grade of 15’ 11” to 23’ 3”; replace all existing windows and add
windows per plan; add roof deck, to be 8” 10” by 16’ 1”, at south elevation at the property located at 523
Commercial Street, Unit 2, in Provincetown.
Presentation:
Neal Kimball and Richard Siclari appeared to present the application.
Public
Comment: There was 1 letter in the file from several abutters
to the west of the property with concerns about the proximity of the project to
their property and concerns about the movement of construction materials and
the control of construction debris at the site.
Commission
Discussion: The Commission questioned Mr. Kimball and Mr.
Siclari.
Elaine Anderson moved to
grant a Negative #3 Determination with the Standard Order of Conditions,
including no heavy equipment on the beach and no storage of construction
materials on the beach, Lynne Martin seconded and it was so voted, 4-0.
Ratification of
Enforcement Order
The Commission will take up the ratification of an
enforcement order under the Massachusetts Wetlands Protection Act M.G.L. c.
131, Section 40 and the Provincetown Wetlands Protection By-Law Chapter 12 issued
to Greg Morris, Sr. for the unauthorized removal of vegetation within a
buffer to a coastal dune and within the local 100’ buffer to land subject to
coastal storm flowage at the property located at 2 Commercial Street, in
Provincetown. Brian Carlson issued the Enforcement Order on behalf of the
Conservation Commission.
Presentation:
Nick Brown, agent for the trustee of the property, and Rose Kennedy,
agent for the trustee of the property and for Mr. Morris, appeared to discuss
the Order. The trustee sought to restore the condition of the property to what
it was in 1959, when the current house was built, and did not have knowledge
that what was being done was contrary to the local wetlands regulations. Mr.
Brown and Ms. Kennedy stated that only invasive species of plants, which had
moved in and replaced the original plantings on the property, were being cleared.
Commission
Discussion: The Commission questioned Mr. Brown and Ms.
Kennedy. The Commission requested that a Notice of Intent be filed with the Commission
in order to complete the work at the site. The application should be filed by
David Hale moved to ratify
the Enforcement Order for the property located at 2 Commercial Street,
requiring that a Notice of Intent be filed on or before September 25, 2007 and
to levy a fine of $200.00 against the trustee
of the Murchison estate, Elaine Anderson seconded and it was so voted, 4-0.
APPOINTMENTS:
The CPC appointment is still
pending. Brian Carlson cannot fill the seat on an interim basis. Elaine
Anderson will look into having the meetings moved to the evening hours.
ANY OTHER BUSINESS:
Blueberry Avenue: There is
debris blowing around the property. Brian Carlson will investigate.
Lynne Martin raised the
issue of pruning on Ted Malone’s property.
Brian Carlson met with Michael
and Joan O’Neill concerning the Oceanside Condominiums and suggested that the
Condominium association come up with a management plan for beach grass.
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