Members Present: Dennis
Minsky, Elaine Anderson, Dieter Groll, Lynne
Martin and David Hale.
Members Absent: None.
Others Present: Brian Carlson (Conservation Agent) and Ellen C. Battaglini (Recording Secretary).
PUBLIC HEARING
Co-Chair
Dennis Minsky called the Public Hearing to order at
PUBLIC
STATEMENTS: None.
MINUTES:
February 12, 2008 – Regular Session - Elaine Anderson moved to approve the language as amended, Dennis Minsky
seconded and it was so voted, 4-0-1 (David Hale abstaining).
Executive Session - Elaine
Anderson moved to approve the language as written, Dennis Minsky seconded and
it was so voted, 4-0-1 (David Hale abstaining).
NEW BUSINESS:
Notice of Intent
Application by David Guertin, Provincetown
Department of Public Works, represented by Environmental Partners Group,
for a Notice of Intent under the Massachusetts Wetlands Protection Act
M.G.L. c. 131, § 40 and the
Presentation: David Guertin, DPW Director, Mark White and Carter Fahey, both of Environmental Partners Group, appeared to present the application. Mr. Guertin stated that the DPW, with the permission of the Board of Selectmen, intends to use it own field force to perform the work and the procedure will mirror the activity of the closure of the other old burn dump that was done to make way for the wastewater treatment plant. Mr. White explained that since the property in question is the site of an old burn dump, it requires remediation under the Massachusetts Contingency Plan. This program consists of having the material at the site consolidated in order to maximize the usable area at the site. The capping system will involve the use of a geotextile fabric underneath 6 inches of intermediate-permeability soil material, 6 inches of sand bedding layer, an impervious bentamat capping material, 9 inches of sand drainage and a 9 inch vegetative layer on top. The footprint of the capping system is outside of the 100’ buffer zone. The Town intends to place hay bales and silt fencing at the edge of the limit of work activities.
Mr. Fahey discussed a letter from the Natural Heritage & Endangered Species Program in regard to the project, which stated the conditions that they would require the project to follow. The NHESP is concerned about the inadvertent direct harming or killing of state-listed turtles at the site. They are requiring that the work occur during the turtles’ active season, April 15-October 31st, and that prior to the start of work a qualified biologist search the work area for turtles and if any turtles are found, that they be removed to a suitable habitat outside of the work area. They also are requiring that the construction crew be watchful for the presence of turtles during work and if any are found, that they be removed to a suitable habitat outside of the work area. The Town would like to begin the work earlier than April 15, and, according to Mr. Fahey, NHESP has agreed to allow the Town to start on March 15 and will issue a revised letter confirming their assent.
Public Comment: John
Fay, an abutter, had concerns about the state of
Commission
Discussion: The Commission questioned Mr. Guertin, Mr. White and Mr. Fahey.
Brian Carlson reminded the Commission that the DEP has not assigned a file
number to the project. After discussing the project, the Commission requested
that the applicant submit both a management plan for box turtles at the site
and a revised letter from NHESP confirming their agreement to an earlier start
date of
Elaine Anderson moved to grant a continuance for the Notice of Intent
for the property located at 90 Shank Painter Road, in Provincetown to the March
11, 2008 hearing, Dieter Groll seconded and it was so voted, 5-0.
Notice of Intent
Application by Michael Leger, Airport
Commissioner, represented by Jacobs, Edwards and Kelcey, for a
Notice of Intent under the Massachusetts Wetlands Protection Act M.G.L. c. 131,
§ 40 and the
OLD BUSINESS:
Notice of Intent
Application by Berg Family Trust, c/o Astrid
Berg, represented by Woods Hole Group, Inc., for a Notice of Intent
under the Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 and the
Presentation:
Pete Markunas appeared to discuss the application. He submitted a
letter that discussed an onsite meeting that was held with Town Manager Sharon
Lynn, DPW Director David Guertin, Harbormaster Rex McKinsey, Mr. Markunas and
the applicant, Astrid Berg. The Town has agreed to cooperate with the applicant
in remedying the drainage issues at the property, which is impacted by drainage
issues occurring at the abutting Town-owned lot. Instead of installing concrete
steps at the end of the asphalt walkway as previously proposed, it was agreed
that both the asphalt and concrete would be removed and a stone and rip-rap
basin would be established commencing a few feet from the parking lot bulkhead.
It was recommended, and agreed to by the applicant, that a handicap
accessibility ramp could go over the stone/rip-rap in lieu of the proposed steps
to the beach. It was also agreed that the open stone pavers would be used for
the walkway. Another change in the proposed project is that a kayak rack will
be placed on the beach instead of the previously proposed dinghy tie-ups. This
change was at the request of the Harbormaster and would be the preference of
the Harbor Committee. Also submitted was a Stormwater Management Plan for the
property, a Project Narrative and a Construction Narrative for the project. The
Stormwater Management Form, as required by the DEP, and requested by the
Commission, was included with the Stormwater Management Plan packet submitted
by the applicant. Mr. Markunas will keep Brian apprised of negotiations with
the Town concerning protocol and funding for the additional expenses which the
Town would cause the applicant in order to address additional items not in the
original scope of the project. The final Stormwater Management Plan, which has
been worked on cooperatively between the Town and the applicant, will be
submitted to the Commission before construction begins.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Markunas.
Elaine Anderson moved the
approve the Notice of Intent for the proposed reconstruction of an existing
outer wharf restaurant and public accessibility improvement at the property
located at 371-373 Commercial Street, in
i.
the
Stormwater Management Plan, as may be amended, that the applicant and the Town have
cooperatively written; and
ii.
the
Construction and Project Narratives as submitted by the applicant.
Dieter Groll seconded and
it was so voted, 4-0.
Request for
Determination of Applicability
Application by Joel Shaw (
DISCUSSION: Chapter 91 Amnesty License
Application:
Brian Carlson reported on his conversation with Lou Gitto of DEP concerning this issue. The Commission’s job is to confirm that there have been no changes in the footprint of that portion of the deck within the Chapter 91 jurisdiction and that there has been no change in use of the structure since 1984. The Commission discussed the property. Brian Carlson will do further research about the property in the files downstairs. This matter is continued.
CORRESPONDENCE: Bill White’s Motel
The applicant has requested a continuance of his Request for
a Determination of Applicability to the
Dennis Minsky moved to request that the Commission’s agent, Brian
Carlson, notify the applicant that the Commission will agree to hear his
Request for a Determination of Applicability on March 25, 2008, however he must
re-notice the abutter’s and he must submit plans for the proposed project,
Elaine Anderson seconded and it was so voted, 5-0.
Stipulation of
Dismissal:
There was correspondence from Town Counsel that stated that the Stipulation dismissing the matter of Winstanley v. Harris et.al. with prejudice has been filed. A copy of the Stipulation was included.
CONSERVATION COMMISSION STATEMENTS:
Dieter Groll discussed the organization of Commission files. He suggested that the Commission might want to organize their files like the Zoning Board of Appeals. The Commission briefly discussed the issue.
Dennis Minsky briefly summarized the Work Session about the
Shank Painter Sanctuary Project held earlier that evening. Brian has placed the
matter on the agenda for hearing on
Dennis Minsky introduced Jack McMahon, who is interested in joining the Commission.
Brian Carlson handed out the proposed warrant article for amending
the Provincetown Wetland Protection By-Laws for the spring Annual Town Meeting
to be held in April of 2008. The Commission briefly discussed the amendments
and made some minor changes. The Commission decided to hold a meeting on
The Commission discussed the status of the matter with Jon
Nordahl and decided to discuss it in more detail at their next hearing on
ADJOURNMENT: Lynne Martin moved
to adjourn at
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