PROVINCETOWN
CONSERVATION COMMISSION
April 22, 2008
6:30 P.M.
Members Present: Dennis
Minsky, Elaine Anderson, Lynne
Martin, David Hale and Jack McMahon.
Members Absent: Dieter Groll (unexcused).
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.
MINUTES:
March 11, 2008
– David Hale moved to approve the language as written, Jack McMahon seconded
and it was so voted, 5-0.
March 25, 2008 – David Hale moved to approve the
language as written, Lynne Martin seconded and it was so voted, 4-0-1 (Dennis Minsky abstaining).
April 15, 2008
– David Hale moved to approve the language as written, Jack McMahon
seconded and it was so voted, 3-0-2 (Elaine Anderson and Lynne Martin abstaining).
OLD BUSINESS:
Notice of Intent (continued from April 15, 2008)
Application by Robert Cummings & Dennis
Condon 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. Scope of work to include the proposed installation
of a palletized patio, rainwater harvesting system, emergency generator and an
outdoor shower at 599 Commercial Street in Provincetown.
Presentation:
Reggie Donoghue
appeared to discuss the project. Mr. Donoghue submitted revised plans. The
plans showed a proposed step, measuring between 6” and 7”, to be inserted
behind the bulkhead in a further effort to alleviate the flooding problem at
the premises and in response to the concerns of the eastside abutter. There has
been a file number issued to the project from the Department of Environmental
Protection and the property has already obtained a Chapter 91 license.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Donoghue.
Dennis Minsky moved to
approve the Notice of Intent for the property located at 599 Commercial Street,
scope of work to include the proposed installation of a palletized patio,
rainwater harvesting system, emergency generator and an outdoor shower, with
the standard conditions, the operational protocol, the construction protocol as
listed on the plans submitted by the applicant and the Chapter 91 plans, Elaine Anderson seconded and it was so voted, 5-0.
Request for
Determination of Applicability
Application by Shoreline Construction for a
Request for Determination of Applicability under the Massachusetts
Wetlands Protection Act, M.G.L. c. 131, § 40 and the Provincetown
Wetlands By-Law Chapter 12. The applicant seeks determination of floodplains
and wetland areas at the property located at 29 Bradford Street Extension in Provincetown.
The applicant did not appear. The Commission has
not had communication with the applicant in several months. The Commission
briefly discussed the matter.
Dennis Minsky moved to
deny the Request for Determination of Applicability for the property located at
29 Bradford Street Extension, Elaine Anderson seconded and it was so voted, 5-0.
NEW BUSINESS:
Timothy Trani, who resides at 49
Commercial Street, appeared with his
attorney Chris Carroll to report a violation in the Order of Conditions for the
property located at 49A Commercial
Street. Mr. Trani submitted a
letter he had written to Brian Carlson
outlining the violations at the property. The contractor and his crew, hired by
the owners of 49A Commercial Street,
are contaminating Mr. Trani’s property with debris and harmful chemicals,
denying him access to his property and are in direct violation of their Chapter
91 license. Mr. Trani submitted photographs of his property ,and the property
in question, to the Commission in order to illustrate his allegations. Attorney
Carroll requested that the Commission issue an Enforcement Order or a change in
the Order of Conditions for the property.
Commission
Discussion: The Commission questioned Mr. Trani and Attorney
Carroll about the matter. Brian Carlson
reported to the Commission that he had made a site visit and spoke to the
contractor, Fred Ambrose, about the project. He said that some of the debris,
as pictured in the photographs submitted by Mr. Trani, had been picked up when
he was onsite. The Commission took the testimony of Mr. Trani and Attorney
Carroll under advisement and decided that the matter warranted further
investigation. They will write a letter to Lou Gitto, of DEP, to report the results
of their investigation.
OLD BUSINESS:
Request for
Determination of Applicability (continued from April
15, 2008)
Application by the Provincetown Conservation Commission for
a Request for Determination of Applicability under the Massachusetts
Wetlands Protection Act, M.G.L. c. 131, § 40 and the Provincetown
Wetlands By-Law Chapter 12. The applicant proposes site work to include trail
maintenance and expansion as well as passive recreation enhancements at the
property located at 74 Harry Kemp Way (Nicky’s Park – Ray and Nicky Wells Town Conservation Area) in Provincetown.
Presentation:
Brian Carlson
appeared to discuss the project. He discussed the concerns about the project
voiced by Dr. Andrews at the previous hearing.
David Hale moved to
approve the plan as submitted, Lynne Martin seconded.
Commission
Discussion: The Commission discussed the plan as submitted.
They decided to amend the plan by re-locating the ‘un-official’ sign and
changing the placement of the benches at the site.
Dennis Minsky moved to
amend David Hale’s previous motion to say that the Conservation Commission
issues a Negative #3 Determination for the site work to include trail
maintenance and expansion, as well as passive recreation enhancements at the
property located at 74 Harry Kemp Way (Nicky’s Park – Ray and Nicky Wells Town
Conservation Area), which will also include
re-positioning the ‘unofficial’ sign and a change in the location of the proposed
benches, whose locations will be determined in consultation with abutters to
the property, David Hale seconded and it was so voted, 5-0.
Request for
Determination of Applicability
Application by Joel Shaw (West Beach Club Condo Trust), represented
by Cape Associates, Inc., for a Request for Determination of
Applicability under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §
40 and the Provincetown Wetlands By-Law Chapter 12. The applicant proposes site
work for the construction of a 15’ by 15’ pressure-treated deck on the beach at
the property located at 101 ½ Commercial Street, in Provincetown. The
application is continued until the May 13, 2008 hearing.
DISCUSSION:
Rogue Wave Proposal – This
matter will be discussed in Executive Session.
COMMISSION BOARD STATEMENTS:
Elaine
Anderson reported that the project at the Shank
Painter Pond Sanctuary needs volunteers to help move soil. Dennis Minsky
discussed the invasives he has found at the site, including chickweed and
mustard grass. He would like to document what was there before the project and
what is there after the project concludes. The Commission briefly discussed
these issues.
ANY OTHER BUSINESS:
Signage Project: The Land Bank will be paying for the signs to
be located at Town Conservation properties. Brian
Carlson submitted a comparative chart of different
signs, which included size, price, pros and cons, manufacturing company, design
fees and final costs. He also submitted a chart and photographs of signs
already in use on various Cape Cod Conservation lands. The Commission briefly
discussed the issue and decided to devote a Work Session to discussing the
topic with the Open Space Committee.
Chair Dennis Minsky moved to go into Executive Session at 8:20 P.M to
discuss pending litigation, polling each Commissioner separately for their
vote. The vote was unanimous.
ADJOURNMENT: David Hale moved to
adjourn at 8:45 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