CAUCUS HALL
Members Present: Dennis
Minsky, Lynne Martin, David Hale and
Jack McMahon.
Members Absent: None.
Others Present: Brian Carlson (Conservation Agent) and Ellen C. Battaglini (Recording Secretary).
PUBLIC MEETING
Chair
Dennis Minsky called the Public Meeting to order at
PUBLIC
STATEMENTS: None.
MINUTES:
OLD BUSINESS:
Request for
Determination of Applicability
Application by Joel Shaw (
Notice of Intent
Application by the National Park Service –
Chair Dennis Minsky disclosed that he is currently
an employee of the Cape Cod National Seashore, but feels he can render a fair
decision and has no financial stake in the outcome of this matter.
Presentation:
Lauren McKean and Chelsea Clark appeared to present the application.
The purpose of the project is to renovate the 8-foot wide National Parks
Service Province Lands Bike Trail in the Cape Cod National Seashore. An
Environmental Assessment was completed in December of 2006, to define the
proposed scope of the renovations and assess the impact on natural resource
areas. Only segments #1-3, as shown on the maps submitted to the Commission,
will be renovated, as the money for the
remaining segments is not yet available. The Project Narrative included the
project background, purpose, need and description, as well as the proposed
construction mitigation, stormwater management and a list of state-protected
species and habitats that will be protected during construction.
Public
Comment: None.
Commission
Discussion: The Commission questioned Ms. McKean and Ms. Clark.
There is no Department of Environmental Protection number assigned to the
project nor is there a response from Natural Heritage.The applicant requested a
continuance until the
Jack McMahon moved to
grant a continuance until the June 10, 2008 hearing, Dennis Minsky seconded and
it was so voted, 4-0.
NEW BUSINESS:
Request for
Determination of Applicability
Application by Doug Dolezal and Greg
Welch for a Request for Determination of Applicability under the
Presentation:
Doug Dolezal and Greg Welch appeared to present the application. Only a
small portion of the parcel lies within the 50’ buffer zone. There is an
asphalt public way that separates the property from the wetland. The garage
structure sits within the buffer zone,as does the walkway that grants access to
the building on site and an overgrown, deteriorating driveway. The applicants
propose to build two-family structure outside of the buffer zone. The
applicants also propose to retain as many existing, mature trees on the site as
possible, to plant native species and to construct a pervious walkway where the
garage and the driveway currently exist.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. Dolezal and Mr.
Welch.
Dennis Minsky moved to
grant a Negative #3 Determination with the standard conditions and with the following
conditions, which will be reflected in the final plans for the project:
·
dry well or
drip wells will be installed on site where needed;
·
permeability
will be increased on the site with the use of appropriate materials on any
proposed walkways or driveways;
·
the grading that
will take place at the site will lessen potential run-off towards the wetland
resource area;
·
sedimentation
barriers will be installed prior to the start of construction; and
·
only native plantings
will be used.
Jack McMahon seconded and
it was so voted, 4-0.
Notice of Intent
Application by Lisa Gledhill and Debbie
Blanton for a Notice of Intent under the
Dennis Minsky moved to
grant a postponement until the June 10, 2008 hearing, Jack McMahon seconded and
it was so voted, 4-0.
Request for Extension
Permit
Request by David Martin represented by Cape
Associates, Inc. for a Request for Extension Permit to an Order of Conditions
under DEP Number SE 058-0386 issued on July 18, 2005 under the Massachusetts Wetlands Protection Act
M.G.L. c. 131, § 40 and the Provincetown Wetlands By-Law Chapter 12 for work at
47 Commercial Street in Provincetown.
Cape Associates, Inc. has submitted a letter to the
Commission requesting an Extension Permit for an additional two years.
Dennis Minsky moved to
grant an Extension Permit to an Order of Conditions for the property located at
47 Commercial Street, David Hale seconded and it was so voted, 4-0.
Dennis Minsky inquired of the Commissioners if any
of them objected to taking the two Discussion topics out of order and none
objected.
DISCUSSION:
Project at 49A
Presentation:
Attorney Chris Carroll and Tim Trani appeared to discuss the project. Mr.
Trani submitted photographs showing evidence of the continued violation of and
disregard for the Order of Conditions assigned to the project. Attorney Carroll
and Mr. Trani both contend that the site is still being contaminated with lead
paint, petroleum products and housing and construction debris. They are
requesting that the Commission issue a Stop-Work Order, secure the site and
inform the owner of the property that he needs to conform to the existing Order
of Conditions for the project or that he will need to appear before the
Commission in order to obtain an Amended Order of Conditions. In addition, they
request that the Commission hire an independent consultant, to be paid for by
the owner of the property, to test the soil for lead or other chemical
contamination.
Commission
Discussion: The Commission questioned Attorney Carroll and Mr.
Trani. Dennis and Brian had made another site visit and spoke to Fred Ambrose
who is in charge of the project. They spoke with Fred Ambrose, who is in charge
of the project, and questioned him concerning the issues that Attorney Carroll
and Mr. Trani had raised with the Commission at their last hearing. Several of
the Commissioners had made site visits and stated that the site was a mess and
observed several of the Orders of Conditions for the project being violated or
ignored.
David Hale moved to authorize
Brian Carlson to issue a Stop-Work Order on the project and inform the property
owner of the following:
·
he must abide
by the existing Order of Conditions for the project, specifically in regard to
straw bales being placed at the limit of work, a dumpster be located at the
site and a barge be placed on the beach as a staging area for construction work;
·
he will be
required to pay the Commission to hire a licensed soil professional to have the
soil, beach and other materials on the site tested for lead or other chemical
contaminates; and
·
either he, or
his contractor, Fred Ambrose , will be required to appear at an emergency
show-cause hearing to be held by the Commission.
Lynne Martin seconded and
it was so voted, 4-0.
DISCUSSION:
Rogue Wave Proposal – Steve
Aubrey has consulted with Paul Tasha and others familiar with the area in question
that were recommended to him by Dennis. He anticipates finishing the work by
the end of May. He is currently working with Rex to find a boat to use for his
survey.
SHANK PAINTER POND WILDLIFE SANCTUARY
PROJECT UPDATE:
The project is almost
finished. There are still piles of soil in the hollow that need to be hauled
off the site. There is someone who wants to take the soil. The fencing and
benches will be installed shortly. An irrigation system is still being
developed.
COMMISSION BOARD STATEMENTS:
Dennis Minsky spoke about
Mill Pond and the sedimentation issue. He would like to start a discussion with
the Seashore about this issue and will mention it to John Portnoy and Carrie
Phillips.
Lynne Martin commented
about
ANY OTHER BUSINESS:
333R
Dennis also raised the beach
cleaning issue. Brian will put the issue of mechanical beach raking on the
agenda. Currently that activity would be a violation of one of the Commission’s
regulations.
Elaine
Anderson is no longer a member of the Commission. The Commission discussed
making Jack McMahon a permanent member of the Commission or his remaining an
alternate. Brian will let the Commission know what the remaining terms for
Elaine and Dieter are. The Commission discussed whether Jack should stay as an
alternate for a longer period of time or take over either Dieter or Elaine’s shorter,
remaining terms.
Frank
Vassello is considering joining the Commission, but he needs to think about it.
Chair Dennis Minsky moved to go into Executive Session at
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, Chair