PROVINCETOWN
CONSERVATION COMMISSION
December 4, 2007
6:30 P.M.
Members Present: Dennis
Minsky, Elaine Anderson, Lynne Martin,
Dieter Groll and David Hale.
Members Absent: None.
Others Present: Brian
Carlson (Health Inspector) and Ellen C.
Battaglini (Recording Secretary).
PUBLIC HEARING
Co-Chair
Dennis Minsky called the Public Hearing to order at 6:31 P.M.
PUBLIC
STATEMENTS: None.
MINUTES:
November 20, 2007 – Elaine
Anderson moved to approve the language as written, David Hale seconded and it
was so voted, 2-0-2 (Dennis Minsky and Lynne Martin abstaining).
OLD BUSINESS:
Notice of Intent
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 Provincetown
Wetlands By-Law Chapter 12. The applicant seeks to install a bulkhead for
shorefront protection at the property located at 157A Commercial Street, in Provincetown.
The applicant requested a continuance to the January 8, 2008 hearing.
Request for Emergency Authorization
Roy Okurowski, of Coastal Engineering, made a written
request to the Conservation Commission to put 100 yards of clean sand at the
property located at 157 A Commercial Street to re-nourish
the beach and coastal dune and to place a sand drift fence to protect the beach
area and the property. Mr. Okurowski says that there is an existing hazardous
condition at the site and this emergency project is also necessary for the
protection, health and safety of pedestrians who cross that area of the beach
going to and from the town landing adjacent to the site. There is currently insufficient
protection at the site from a moderate storm system. He states that no work
will be done below the mean high water line, all debris will be removed from
the site and disposed of properly before any sand is placed on the site, and no
heavy machinery or materials will be placed on the beach. Mr. Okurowski is
suggesting a start date of November 30, 2007 and an end date of December 30, 2007. The Commission discussed the project.
David Hale moved to approve the Emergency Authorization for the
property located at 157 Commercial Street, Dennis Minsky seconded and it was so
voted, 4-0.
DISCUSSION: New Regulations and Fees
- The
Commission discussed the new proposed fees. The Commissioners approved of
the first four categories, which are Request for a Certificate of
Compliance, Partial Certificate of Compliance, Amended Conditions and
Extension Permit.
- The
Commission discussed the After the Fact Notice of Intent and agreed to
change some of the language in the text that was unclear. Brian
Carlson will work on revising the text.
- The
Commission also discussed the Notice of Intent for Subdivisions. The text
under the heading in the Fee Type category will be moved to appear under
the fee in the Proposed Fee category.
- The
Commission would like to put footnotes to explain the acronyms in the
Wetland resource area alternation category. The Commission discussed
changing the proposed fee for Beach Access Permits for Construction to
$50.00 per day instead of a flat fee of $50.00.
- The
Beach Access Permits were briefly discussed and the Commission decided to
approve the amount of $5.00. Brian Carlson
will revise the proposed fee schedule and get that to the Commission at
their next hearing.
These new proposed
fees will need to be advertised and the Commission will subsequently hold a
Public Hearing on them, at which time they can be altered. The Commission will
then vote on them at that time and then they will be re-advertised as adopted. Brian
Carlson will get a revised version of the new fee schedule to
the Commission for the next meeting.
DISCUSSION: Budget
The Finance Subcommittee scheduled a meeting for Friday,
December 7, 2007 at 3:00 P.M.
Brian Carlson handed out a
proposed Wetlands Protection Fund Spending Plan FY2008 and details of the
Commission’s operating expenses, operating revenues and grants for previous and
future fiscal years. The Commission discussed the Wetlands Protection Fund
Spending Plan and the FY2009 budget request. The Finance Subcommittee will
study and discuss the information and report back to the full Commission.
DISCUSSION: Beach cleaning protocols and
procedures
The Commission discussed the new mechanical beach rake that
was demonstrated recently for potential beach cleaning between the Old Reliable
and Kendall Lane. Dennis
Minsky read an e-mail that he had written to Jim O’Connell asking what he
thought of the idea of using the beach-cleaning rake on this portion of the
Town beaches. The Commission discussed the pros and cons of raking the beach. The
Commission is questioning whether the net gain to the environment is worth the
cost of the equipment. The Commission decided that they were not ready to go
forward on this issue, but when they are ready, they will require a Notice of
Intent from the Town. The Commission may also have to revisit their local
regulations regarding mechanical beach-cleaning and revise them. Dennis Minsky
would like to get a response from his e-mail to Jim O’Connell.
DISCUSSION: 2008 Hearing schedule
The Commission discussed the schedule and made one change.
The April 8 hearing will be moved to April 15, 2008. Brian
Carlson will check to see when Town elections are and, if
need be, revise the schedule accordingly. Dieter Groll moved to approve the 2008
hearing schedule as amended, Dennis Minsky seconded and it was so voted, 5-0.
DISCUSSION: Enforcement Order: Hydraulic
Dredging without a proper permit
The Harbor Master’s Office issued two citations (11/18 and
11/20) for illegal hydraulic dredging to Captain Jon Nordahl of the F/V/
Kimberly Ann. He has 21 days to pay the fines or to request a Court hearing and
if he does neither, the issue may become a criminal matter. The Commission had requested
that Mr. Nordahl appear before the Commission to explain his actions. He did
not appear. The Commission discussed their next steps in the process and the
letter they received from the owner of the vessel, Monte Rome, stating that Mr.
Nordahl would not be able to attend the hearing because he was out of town. The
Commission will be meeting with the Department of Marine Fisheries, two
environmental police officers and a representative of the Department of
Environmental Protection and Town Manager Sharon Lynn
on Thursday, December 6, 2007, to discuss the situation. The Commission then discussed
strategy for the meeting, including examining a group of documents about
hydraulic dredging and documents related to the local incident and brainstormed
what kinds of questions they may be asked concerning the local regulation
prohibiting that activity.
ANY OTHER BUSINESS:
Bayberry Avenue – There is a swimming pool going in
the ground on Bayberry Avenue.
Brian Carlson issued a stop work order for the
project because work was being done in the buffer zone of a resource area.
According to Brian Carlson, a road being used
from the street to the site of the pool passes through a buffer zone. He will
handle the situation as an Administrative Review.
Bissell’s Tennis Courts – It was reported to Brian
Carlson that the silt fencing and straw bales at the site
were improperly installed. Dennis Minsky and Elaine Anderson attempted to make
a site visit, but could not get access. Brian Carlson
will investigate the issue.
2 Commercial Street
– Elaine Anderson and Dennis Minsky suggested to the Commission that they get
an update on the progress of the project. They attempted to visit the site, but
could not enter the property. Brian Carlson
will call the representatives of the Trustee and arrange to get into the
property for an inspection.
Banner ad – Dennis Minsky wrote an ad and presented
it to the Commission and the Commission discussed doing it as a press release
instead of an ad.
90 Shank Painter Road
– There is an isolated vegetative wetland on this site. There will be filling
and capping of an old burn dump in order to make the site buildable. A request
for proposals to develop affordable housing on the site has been sent out. The
Commission will require the filing of a Determination of Applicability or a
Notice of Intent before any building commences on the site.
ADJOURNMENT: Elaine Anderson
moved to adjourn at 10:00 P.M. and it was so voted unanimously.
These minutes were approved by a vote of the Conservation
Commission at their meeting on ___________________, 2008.
Respectfully submitted,
Ellen C. Battaglini
Approved by ________________________________ on
_____________, 2008
Dennis Minsky and Elaine Anderson, Co-Chairs