March 4 2008
6:30 P.M.
Members Present: Dennis
Minsky, Elaine Anderson, Lynne Martin
and David Hale.
Members Absent: Dieter Groll (excused).
Others Present: Brian Carlson (Conservation Agent) and Ellen C. Battaglini (Recording Secretary).
PUBLIC MEETING
Co-Chair
Dennis Minsky called the Public Meeting to order at 6:32 P.M.
PUBLIC
STATEMENTS: None.
DISCUSSION: Drafting of Town Meeting Warrant Articles
The
Commission discussed the proposed changes to the Provincetown Wetlands
Protection By-Law.
12-5-1.
NOTICE. Any applicant must notify
abutters, and abutters of abutters within a distance of 100 feet (previously
200 feet), when a permit application or a Determination of Applicability to be
heard by the Commission has been filed. Brian informed the Commission that the
abutter notices issued by Assessor’s office currently use 100 feet as an
abutter distance.
Lynne Martin moved to change the existing wording from
200 feet to 100 feet in order to comply with the State, Elaine Anderson
seconded and it was so voted, 4-0.
12-6.
COORDINATION WITH OTHER BOARDS. The Director of Regulatory Management is being
changed to the Permit Coordinator because the former position no longer
exists.
Elaine Anderson moved to accept the language as amended,
changing ‘Director of Regulatory Management’ to ‘Permit Coordinator’, in order to accurately reflect the employee
position that currently handles coordination with the other Town Boards, Lynne
Martin seconded and it was so voted, 4-0.
12-9-1-7.
PASSIVE RECREATION. The Commission
discussed this new addition to the ‘Definitions’. The Commission amended the
definition to read in part: “Passive recreation refers to non-consumptive, non-motorized
uses, such as wildlife observation, walking, biking, canoeing, as well as
trail-based hiking, mountain biking, horseback riding and picnicking. The goal
of providing passive recreational uses is to promote the least impact on
the wetland ecosystem….”
Dennis Minsky moved to approve the 12-9-1-7 as amended,
Elaine Anderson seconded.
David Hale moved to amend 12-9-1-7 by adding ‘and
fishing’ after ‘canoeing’, Lynne Martin seconded and
it was so voted, 4-0.
12-11-3.
ENFORCEMENT ALTERNATIVES. The amendment to this section is to bring the by-law
into conformity with the local regulations. The changes are to capitalize the
‘p’ in police and the ‘o’ in officer and to add ‘Harbormaster or Shellfish
Constable’ after Conservation Agent.
Dennis Minsky moved to approve 12-11-3 as amended, Elaine Anderson seconded and it was so voted, 4-0.
12-16.
WETLAND PROTECTION FUND. The Commission discussed this section.
The
word ‘Act’ was added between ‘Protection’ and ‘Fund’ in the title of the
section. Under A.2., ‘the city of’ was scratched and ‘community’ was changed to
‘Town’.
Under
A.3., the words ‘the city of’ were scratched and ‘the’ was inserted.
Under
B.1. The words ‘city auditor’ were stricken.
Under
B.2. The words ‘city auditor’ were stricken. The letter ‘d’ was added to
‘impose’. The words ‘Wetlands Protection Act’ were inserted before
‘fund’.
Under
B.3. The words ‘or city auditor’ were stricken in the second line and the words
‘or auditor’ were stricken in the fourth line. The words ‘Wetlands
Protection Act’ were inserted before fund in the seventh line.
C. The
title is re-named USE OF CONSERVATION COMMISSION FUNDS, amended from USE
OF WETLAND FEES.
Under
C.1. Strike the word ‘local’ in the first line. Add the word ‘Act’
between ‘Protection’ and ‘Fund’.
Under
C.2. Add an apostrophe to ‘Commissions’. Scratch ‘the’ in the sixth line and
add an ‘s’ to the word ‘fund’.
Under
C.3.i. Add a colon after the word ‘expenditures’. Add ‘Wetlands Protection
Act’ between ‘revolving’ and ‘fund’. Capitalize ‘wetland protection act’ in
the fourth line.
Under
C.3.ii. Add a colon after ‘Non-allowable expenditures’.
Under
C.4. Add ‘Wetland Protection Act’ between ‘revolving’ and ‘fund’.
Dennis Minsky moved to approve the amendments to12-16,
Elaine Anderson seconded and it was so voted, 4-0.
DISCUSSION: Chapter 91 Amnesty License Application:
Brian Carlson received legal documents from Felco Engineering. After doing some research, he could find no evidence of a change in use of the property or any change in the footprint of the deck that is subject to Chapter 91 jurisdiction.
APPOINTMENTS:
The Commission discussed Jack McMahon’s application.
Elaine Anderson moved to appoint Jack McMahon as an alternate member of
the Conservation Commission with a term to expire on 12/31/10, Lynne Martin
seconded and it was so voted, 4-0.
Chair Dennis Minsky moved to go into Executive Session at 8:00 P.M to
discuss legal matters, polling each Commissioner separately. The vote was
unanimous.
ADJOURNMENT: Lynne Martin moved
to adjourn at 8:30 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