Members Present:
Dennis Minsky, Elaine Anderson, Dieter Groll (arrived at
Members Absent: None.
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:
Notice of Intent (continued from
Application by David Guertin, DPW Director,
for a Notice of Intent under the
Presentation:
David Guertin and Mark White appeared to present the application.
Commission
Discussion: The Commission made a site visit and was satisfied
with the progress made at the site and will thus vote to approve the draft
Standard Operating Procedures submitted by the applicant. These procedures will be followed for any
such activity at that site in the future.
Elaine Anderson moved to
accept the Standard Operating Procedures, as written and submitted by the
applicant, as a condition for any future activity at the Mount Gilboa water
holding tank and the adjacent Foss Woods Conservation Area, David Hale seconded
and it was so voted, 3-0.
Application by
Lynn Kappleman for a Notice of Intent under the
Presentation: Jason Ellis and Ethan Poulen
appeared to discuss the application. The applicant has submitted a revised site
plan that includes more detailed contour lines. Mr. Ellis stated that the
project had been scaled back, the result of which will be fewer disturbances to
the site.
Commission Discussion: The
Commission questioned Mr. Ellis and Mr. Poulen. The Commissioners decided that
they would like to visit the site again, before their next hearing, and prior
to rendering a decision. The Commissioners will meet at the site at
Elaine Anderson moved to grant the request for a continuance until the October 30, 2007 hearing, Lynne Martin seconded and it was so voted, 4-0.
NEW BUSINESS:
Certificate of Compliance
Application by Richard L. Bready for a Certificate of Compliance under
the Massachusetts Wetland Protection Act, M.G.L. c. 131, § 40, for the property
located at 531
Commercial Street, in
Presentation: Reggie Donoghue appeared to
present the application. The applicant is in compliance with the original Order
of Conditions and the amended Order of Conditions for the property. The
Commission has received a revised landscaping plan with a few substitutions for
species that were unavailable.
Elaine Anderson moved to approve the issuance of the Certificate of Compliance for the property located at 531 Commercial Street, in Provincetown, DEP file #SE 58-0428, and DEP file # SE 58-0421, Dennis Minsky seconded and it was so voted, 4-0.
Certificate of Compliance
Application by Robert Duffy for a Certificate of Compliance under
the Massachusetts Wetland Protection Act, M.G.L. c. 131, § 40, for the property
located at 27
Commercial Street, in
Presentation: Reggie Donoghue appeared to
present the application. The applicant has complied with the original Order of
Conditions and the amended Order of Conditions for the property.
Elaine Anderson moved to approve the issuance of the Certificate of Compliance for the property located at 27 Commercial Street, in Provincetown, DEP file #SE 58-0381, Dennis Minsky seconded and it was so voted, 4-0.
Application by
Jerome Albright for a Notice of Intent under the
Presentation: Jerome Albright and Alan Cabral
appeared to present the application. The proposed changes to the property include
making it possible for the applicant to access the front of the building by
re-locating a riprap retaining wall and giving him more usable land at the site.
The existing driveway will be elevated and re-graded to end at the proposed
garage. The proposed project will include some filling between the house and
the newly re-located retaining wall. The applicant seeks to minimize the
disruption to the site. The Division of Fisheries and Wildlife determined that
the resource area habitat will not be disturbed by the project and
Public Comment: None.
Commission Discussion: The
Commission questioned Mr. Albright and Mr. Cabral. The Commission voiced
concern regarding the volume of fill that is being proposed for use in the
project and other alterations to the west side of the site. They requested that
the applicant try to revise the project in an effort to be less disruptive to
the land, specifically to the buffer zone, including trying to reduce the amount
of fill. They also requested that the applicant mark out any trees that will be
removed and submit a landscaping plan showing specific species that will be
planted on whatever land is re-claimed at the site. The applicant requested a
continuance until the October 30, 2007 hearing.
Elaine Anderson moved to grant the request for a continuance until the October 30, 2007 hearing, Lynne Martin seconded and it was so voted, 4-0.
Application by
Presentation: Katelyn Merrill and Mike Winkler
appeared to present the application. The applicants seek reinforce an existing wooden
bulkhead by repairing and upgrading it.
Public Comment: There was a letter from
the Division of Wildlife and Fisheries stating that construction materials
cannot be placed or stored in the inter-tidal or sub-tidal zones and construction
activity must not go outside of the footprint of the existing seawall and
seaward encroachment should not be permitted because of their concern for
potential impact on the soft shell clam and quahog habitat in the area.
Commission Discussion: The
Commission questioned Ms. Merrill and Mr. Winkler. The Commission would like to
see a better schematic of what exists and what is being proposed and a more
complete construction protocol. The applicants requested a continuance until
the November 6, 2007 hearing.
Elaine Anderson moved to grant the request for a continuance until the November 6, 2007 hearing, Dennis Minsky seconded and it was so voted, 4-0.
Amended Order of Resource Area
Delineation
Application by Provincetown Airport
Commission, represented by the Horsley Witten Group for an Amended Order of Resource
Delineation, under the
Presentation: Amy Ball, Amanda Crutchman,
Michael Leger and Butch Lisenby appeared to present the application. The
applicant would like to amend the resource area delineation approved by the
Commission in January of 2007. There are areas that need further delineation;
one to the south and one to north and east of the runway as a result of
comments that the project has received as a result of their submission of a draft
Environmental Impact Report.
Public Comment: None.
Commission Discussion: The
Commission questioned Ms. Ball, Ms. Crutchman, Mr. Leger and Mr. Lisenby.
Elaine Anderson moved to accept
the Amended Order of Resource Area Delineation for the Provincetown Airport
Commission as presented by the Horsley Witten Group, representing the
Provincetown Airport Commission, Dennis Minsky seconded and it was so voted,
5-0.
Application by
Joan Roderick, Trustee for a
Notice of Intent under the
Presentation: Paul Shea, of Independent
Environmental Consultants, and Greg Morris appeared to present the application.
Mr. Shea submitted a landscaping plan and explained why the vegetation on the
property had been recently cleared. He contended that the only vegetation removed
consisted of invasive and nuisance species or were infested with beetles. The
applicant seeks to return the property to what it looked like shortly after the
house was built. There is no DEP number for this project and there has been no
response from
Public Comment: Rose Kennedy commented
about how the property had looked in the past. There were two letters in
support of the project.
Commission Discussion: The
Commission questioned Mr. Shea and Mr. Morris. The Commission requested that
the planting plan be revised to reflect more detail, that there be more diversity
in the vegetation, both in type and in height, and that the applicant submits a
plan as to how the land will be managed in the future. The applicant requested
a continuance until the October 30, 2007 hearing.
Elaine Anderson moved to grant the request for a continuance until the October 30, 2007 hearing, Dennis Minsky seconded and it was so voted, 5-0.
APPOINTMENTS:
None.
CORRESPONDENCE:
The
Commission discussed the request for a Superceding Order of Conditions for the
property located at
The
Commission briefly discussed the letter from Brian Carlson concerning the
intent of the Commission to begin work at the Shank Painter Pond Resource Area under
a Request of Determination of Applicability on or before November 1, 2007. The
work will consist of completion of the present walkway to the parking lot at
Route 6, completion of the parking area, minor re-grading of the topsoil on
site, installation of benches at the observation deck and installation of
native plantings. Amber Stonik, from Americorps, will be assisting Brian in the
completion of the project.
Amber
Stonik will also be tackling other projects, including:
Brian will add working on the Conservation
Commission database to the list.
DISCUSSION:
The
Commission discussed the art installation at the Shank Painter Pond Resource
Area. It was suggested that there may be ways that the Commission could help
Frank Vasello, who organizes the exhibit, with the project in the future,
possibly with publicity.
The
Commission discussed their application fee schedule.
The
Commission discussed their finances. Lynne Martin gave a financial report. Elaine Anderson moved to approve Lynne’s
vouchers, Dennis Minsky seconded and it was so voted, 5-0. It was
decided that a finance subcommittee should be formed, to include Lynne Martin
and Dieter Groll. Elaine Anderson
moved to nominate Lynne Martin and Dieter Groll as the Conservation Commission
finance subcommittee, Dennis Minsky seconded and it was so voted, 5-0.
Brian
Carlson informed the Commission that they need to discuss and approve a budget
for FY2008.
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