Members Present: Elaine
Anderson, Dieter Groll, Lynne Martin and David Hale.
Members Absent: Dennis Minsky (excused).
Others Present: Brian
Carlson (Health Inspector) and Ellen C.
Battaglini (Recording Secretary).
PUBLIC HEARING
Co-chair
Elaine Anderson called the Public Hearing to order at
Public Hearing on Natural
Environment Articles
In
accordance with §2-2-1 of the Provincetown Charter, the Provincetown
Conservation Commission will hold a public hearing to determine the number of
Commission members in favor or opposed to the petitioned articles concerning
the natural environment for the November 5, 2007 Special Town Meeting.
Article 9: The Commission discussed
Article 9 concerning re-storing the view of the ocean from the
Public Comment: Paul Tasha commented that he
was not sure whether the land form blocking the view is a dune or a man-made
obstacle.
Lynne Martin moved to take no position on Article 9 on
the warrant of the November 5, 2007 Special Town Meeting as the language is
vague as to what is being proposed to solve the problem of the land form
blocking the view from the parking lot of Race Point Beach. There was no second to the
motion.
David Hale moved to oppose Article 9 on the warrant of
the November 5, 2007 Special Town Meeting. There was no second to the
motion.
Elaine Anderson moved to take no position on Article 9 on
the warrant of the November 5, 2007 Special Town Meeting, Lynne Martin seconded
and it was so voted, 3-0.
Public Hearing on adoption
and changes to the
Definitions: Co-Chair Elaine Anderson read
the proposed shellfish definitions.
Public Comment: None.
Lynne Martin moved to adopt the shellfish definition
section as written, David Hale seconded and it was so voted, 3-0.
Article 2. 50 Foot Buffer
Co-Chair
Elaine Anderson read the proposed Article 2.
Public Comment: None.
Lynne Martin moved to approve Article 2 as written, David
Hale seconded and it was so voted, 3-0.
Article 4.
Co-Chair
Elaine Anderson read the proposed Article 4, which adds sections 4.1 and 4.2.
Public Comment: None.
David Hale moved to approve the proposed additions to
Article 4 as written, Lynne Martin seconded and it was so voted, 3-0.
Article 5. Wetlands
Protection Violations
Co-Chair
Elaine Anderson read the proposed additions to Article 5.
Lynne Martin moved to approve the proposed additions to
Article 5, David Hale seconded and it was so voted, 3-0.
Public Comment: Rex McKinsey, the Provincetown
Harbormaster, spoke in favor of the changes and suggested that the Commission
may want to add ‘the Harbormaster’ and ‘the Shellfish Constable’ as enforcement
officers.
Commission Discussion: The Commission discussed this
suggestion and also changing ‘the’ Conservation Agent to ‘a’ Conservation
Agent.
David Hale moved to insert “the Harbormaster” as someone
capable of enforcing Article 5, Dieter Groll seconded and it was so voted, 4-0.
David Hale amended his former motion to include “the
Shellfish Constable” and “the” Conservation Agent to “a” Conservation Agent in
the line starting “Any police officer…” , Dieter Groll seconded and it was so
voted, 4-0.
Article 8. Hydraulic Dredging
Prohibition
Co-Chair
Elaine Anderson introduced the new Article 8 and gave the Commissioners time to
read through the entire Article.
Public Comment: None.
David Hale moved to accept the proposed Article 8, Dieter
Groll seconded and it was so voted, 4-0.
PUBLIC STATEMENTS:
Rex McKinsey
informed the Commission that he and Conservation Agent Brian Carlson attended
the Cape Cod Bay Council meeting where the state of
Paul
Tasha informed the Commission that he would be visiting the locations of
phragmites in the National Seashore and at the quaking bog at Shank Painter
Pond Resource Area and invited the Commissioners to join him at the latter
site. He informed the Commission that he felt it could still be controlled.
MINUTES:
OLD
BUSINESS:
Notice of Intent (continued from
Application by Ronald Chapman, 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
Presentation:
Roy Okurowski and Ronald Chapman appeared to discuss the application.
The applicant had submitted alternative analyses,
as requested by the Commission, for the proposed coastal bank erosion control
measures. Mr. Okurowski, who refers to the land form on site as a coastal bank,
after going through analyses #1-6 and informing the Commission why he thought
each would not work, stated that Alternative #7, a combination of a vertical
sheet bulkhead, drift fence and beach nourishment with American beach grass was
the applicant’s preferred choice. The Commission has received a report , with
pictures of the beach in question attached, from their consultant, Jim
O’Connell, who is affiliated with the Woods Hole Oceanographic Institution. The
report contained Mr. O’Connell’s comments in regard to coastal banks,
concluding that he believed that there are no coastal banks in
Public
Comment: Patricia Ricker, Trustee, on behalf of the West
Beach Condominium Association at
Commission
Discussion: The Commission questioned Mr. Okurowski and Mr.
Chapman.
The Commission felt that they needed more information and time to digest
the information received regarding this project before rendering a decision. They
would like to consult again with Mr. O’Connell concerning the applicant’s
choice of Analysis #7. The applicant requested a continuance until the
Dieter Groll moved to grant the applicant’s request
for a continuance until the
Notice of Intent
Application by Lynn Kappelman for a Notice
of Intent under the
Presentation:
Ethan Poulin appeared to discuss the application.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Poulin. The project
includes filling and grading around the right side (north) of the existing
house to allow a bobcat tractor to access the back yard. In addition, mowing of
undergrowth to ground level in 50-100’ buffer zone of the west side of the
house is proposed. Mitigation for the project includes a staked silt fence
installed at the limit of work to prevent sedimentation moving into the wetland
and covering the proposed slope with erosion control fabric and re-vegetating
the disturbed area to prevent erosion.
Lynne Martin moved to
grant a Notice of Intent with the usual Order of Conditions, the construction
protocol as submitted by the applicant, the additional following conditions:
§
installation
of a silt fence delineating the limit of work;
§
installation
of a timber retaining wall as presented by the applicant;
§
removal of
only one tree on the property;
§
two yards of fill only to be used in the
project;
§
disturbed
areas will be re-vegetated with native grasses upon completion of the project;
and
§
all construction
materials will be stored outside the 50’ buffer zone.
at the property located at
Dieter Groll seconded and
it was so voted,
Lynne Martin re-moved her
original motion, Dieter Groll seconded and it was so voted, 3-0-1 (Elaine
Anderson abstaining).
Notice of Intent
Application by Jerome Albright for a Notice
of Intent under the
Presentation:
Alan Cabral appeared to discuss the application. The applicant
submitted a revised site plan, representing a change in the scope of the project,
as a result of the Commission’s previous requests. A landscaping plan for the
property was also submitted. The proposed retaining wall is re-located closer
to the structure on site and thus reducing the volume of fill needed in the
project. The trees to be removed are also identified. All materials will be
stored on the existing driveway.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Cabral. Natural
Heritage,
David Hale moved to
approve the Notice of Intent with the Standard Order of Conditions, and the construction notes and landscaping
plan as presented for the property located at 12 Somerset Road, in
Provincetown, Dieter Groll seconded and it was so voted, 4-0.
Application by
Joan Roderick, Trustee for a
Notice of Intent under the
Presentation: Paul Shea, of Independent
Environmental Consultants, Inc., appeared to discuss the application. Mr. Shea
submitted a revised planting plan and a planting list containing more diverse
plantings and trees, site preparation and planting notes, and a management plan
for the maintenance of the landscaping on the property. The DEP file # on this
project is SE058-0437 with no negative comments and the project is still under
review by
Public Comment: Rose Kennedy passed around
some old pictures from the site showing what used to exist. Greg Morris
inquired of the Commission when he could begin clearing brush from the site.
Commission Discussion: The
Commission questioned Mr. Shea.
Dieter Groll moved to approve the Notice of Intent, incorporating the planting plan, management plan, and site preparation and planting notes as submitted by the applicant for the property located at 2 Commercial Street, in Provincetown, David Hale seconded and it was so voted, 4-0.
Determination of Applicability
Application by Provincetown Conservation
Commission for a Request
for Determination of Applicability under the Provincetown Wetland
By-law, Chapter 12 and under the Massachusetts Wetlands Protection Act, M.G.L.
c. 131, § 40. The applicant proposes site work to include trail maintenance and
expansion at the property located at 185 Route 6 (Shank Painter Pond Wildlife
Sanctuary), in
Presentation: Brian Carlson appeared to present
the application. The Americorps volunteer will be involved in the project. The scope
of the work will include completing the trail to the parking lot, using the
topsoil on site along existing trail for native plantings and to smooth the
edges of the trail, installing a split-rail fence between the parking area and
the trailhead and a split rail fence at Ship’s Way to replace the metal,
dilapidated one there now, placing new signage at the site and installing two
benches on the observation deck.
Public Comment: There was one letter in
support of the project, stating a hope that a low-key approach will be used to
preserve the uniqueness and beauty of the site and improve accessibility to the
public at large. The letter went on to include several suggestions, including
using natural materials and blending things in, planting new species,
straightening the walkway, using the mulch on site, re-establishing the upper
trail from the platform back to the parking area and discouraging access to the
pond.
Commission Discussion: The
Commission discussed this project and the important question of whether seeds
from invasive species are present in the topsoil on site.
David Hale moved to grant a
Negative #3 Determination with the condition that the pile of topsoil on site
be removed and natural coverage be used, Elaine Anderson seconded and it was so
voted, 3-0-1 (Dieter Groll abstaining).
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