Members Present: Dennis
Minsky, Lynne Martin and David Hale.
Members Absent: Jack McMahon (unexcused) and
Richard Silver (unexcused).
Others Present: Brian Carlson (Conservation Agent) and Ellen C. Battaglini (Recording Secretary).
PUBLIC MEETING
Chair
Dennis Minsky called the Public Meeting to order at 6:32 P.M.
PUBLIC
STATEMENTS: Jack
Papetsas and Laura Papetsas spoke to the Board in regard to the property
located at 101 ½ Commercial Street, which is the subject of a Determination of
Applicability. They were concerned about the number of continuances that the
applicant has requested from the Commission. The latest continuance is to a hearing
scheduled for August 12, 2008. Mr. Papetsas and Ms. Papetsas, who are direct
abutters to the property, will not be able to attend that hearing due to the
fact that they run a restaurant and their work schedule is very busy at that
time of the year. They inquired of the Commission if it would be possible to
move the continuance to a hearing sometime after Labor Day. Chair Dennis Minsky
replied that the Commission would take the request under consideration and
discuss the issue under the appropriate agenda item.
MINUTES:
May 13, 2008 – Joint Session – There was not a
quorum of members to approve these minutes. They will be approved at the next
hearing.
May 13, 2008 –
Regular Session – David Hale moved to approve the language as
written, Lynne Martin seconded and it was so voted, 4-0.
May 13, 2008 –
Executive Session – Lynne Martin moved to approve the language
as written, David Hale seconded and it was so voted, 4-0.
OLD BUSINESS:
Request for
Determination of Applicability
Application by Joel Shaw (
Lynne Martin moved to
continue the Determination of Applicability for the property located at 101 ½
Commercial Street until the September 9, 2008 hearing, David Hale seconded and
it was so voted, 3-0.
Notice of Intent
Application by the National Park Service – Cape
Cod National Seashore for a Notice of Intent under the Massachusetts
Wetlands Protection Act M.G.L. c. 131, § 40 and the
Presentation:
Lauren McKean, who represented the application when it was initially
heard by the Commission, was not able to attend the hearing, but she submitted
new information to be reviewed by the Commission.
Commission
Discussion: The Commission had informed Ms. McKean at the
previous hearing that additional information was needed, including a Department
of Environmental Protection file number, which has now been obtained and a
Natural Heritage determination, a copy of which has now also been sent to the
Commission. Ms. McKean also submitted a completed Checklist for Stormwater
Report that was requested by the DEP, which the Commission will incorporate
into their Order of Special Conditions for the project.
Public
Comment: Christine Odiaga commented that the National
Seashore is to be commended for their proposed use of wattles to restrict all construction
activity to the footprint of the bike path in wetland areas.
David Hale moved to
approve the Notice of Intent for the Cape Cod National Seashore with the
Standard Order of Conditions and the Special Conditions as discussed, Lynne
Martin seconded and it was so voted, 3-0.
Notice of Intent
Application by Lisa Gledhill and Debbie
Blanton for a Notice of Intent under the Massachusetts Wetlands Protection
Act M.G.L. c. 131, § 40 and the
NEW BUSINESS:
Request for
Determination of Applicability
Application by George Remien, Beach Point Club 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 installation of a pump
chamber and a leach field for an existing cottage at the property located at 963
Commercial Street in Provincetown.
Presentation:
David LaJoie, of Felco Engineering, appeared to present the
application. The applicant seeks to install a septic system at the property.
The work will primarily be done in the driveway area. The limit of work is on
the southerly side of the driveway.
Public
Comment: None.
Commission
Discussion: The Commission questioned Mr. LaJoie.
Dennis Minsky moved to
grant a Negative #3 Determination for the proposed installation of a pump
chamber and a leach field at the property located at 963 Commercial Street,
with the Standard Order of Conditions and contingent upon the project’s
approval by the Board of Health, David Hale seconded and it was so voted, 3-0.
DISCUSSION:
Rogue Wave Proposal (continued from May 13, 2008)
– The
Commission discussed whether to move forward with this project. The Commission
previously approved the project and the procurement had been signed by the Town
Manager, but the contract had not yet been drawn up or executed. Mr. Aubrey had
to go away on business and told Brian that he would like to give the eel grass,
if present, a chance to grow.
David
Minsky moved that the Conservation Commission suspend the contract with Steve
Aubrey of Rogue Wave until further notice, Lynne Martin seconded and it was so
voted, 3-0.
DISCUSSION:
Beach Cleaning Regulations – The
Harbor Committee seeks to purchase a mechanical beach raking machine and the
local Conservation Regulations that prevent the activity of beach raking. The
Commission discussed the issue, including what role the wrack line plays in,
and what effects it has on, the ecosystem of the Town beaches.
Public Comment: Celine Gandolfo spoke
against beach cleaning and suggested raising the fines for dog owners who
neglect to pick up their dogs’ feces. Christine Odiaga cautioned the Commission
about what kind of information they disseminate about wrack lines and the
performance of Town beaches.
Dennis
Minsky moved to issue a statement that the Conservation Commission has
considered all aspects of the Harbor Committee’s proposal for mechanical beach
raking and finds it to be not in accordance with the local Conservation
regulations and further, that much of the cleaning of the Town beaches can be
accomplished by hand, Lynne Martin seconded and it was so voted, 3-0.
ANY OTHER BUSINESS:
Brian Carlson read a
letter requesting a recommendation from the Commission to the DEP for the
Town’s grant proposal for its stormwater improvement project in the
Provincetown Harbor Watershed. The goal of the project is to implement stormwater
best management practices in three different areas that currently contribute
stormwater run-off to Provincetown Harbor. Public education will be included to
inform residents of the reasons for the project and how they can contribute to
water quality manage
Christine Odiaga handed
out information to the Commission, up-dated them on what is new at the DEP,
including the Wetland Information Resource (WIRE) on their website, which would
streamline the application process for both applicants and the DEP. She also
informed the Commission of up-coming, relevant workshops, which would be especially
educational for new Commission members.
Brian got a letter from Richard
Davis, who owns land on Browne Street. Mr Davis wants to donate or sell the
land to the Town for conservation purposes. Brian has talked to Mr. Davis and
passed the information along to David Gardner, Assistant Town Manager and to
Town Manager, Sharon Lynn.
Dennis mentioned several
issues, including the environmental grants for Commission projects that Brian
is working on. The Commission needs to explore those further. He also mentioned
the flood control situation in the West End and the regional approach to beach
nourishment that the Commission has discussed in the past and Steve Milkewicz’s
concern about boat storage on the beach.
Celine mentioned the
large number of vehicles on the grounds of Coastal Acres and her concern about
possible pollution of the land caused by those vehicles.
Signage for Conservation
Land – The Commission, in conjunction with Celine Gandolfo, discussed of what material
the signs should be made. The Commission decided to purchase high-pressure
laminate from Genesis Graphics for 4 interpretive signs, 3 (for Nicky’s Park,
Whistlepath Woods and the Curtis Property), all of which are 12’ by 12’, and 1 (for
Shank Painter Pond ), which is 18’ by 24’. The Commission would like Brian to
get quotes for some kind of plastic material (like Trex) that looks like wood
for the property signs and the second Nicky’s Park sign. Brian will investigate
what colors are available for the signs and the lettering, and it needs to be
further established what fonts are going to be used. Dennis will work on
language for the signs. This information will be gathered for the next hearing
on June 24, 2008.
The stop-work order on
the project at 49A Commercial Street was lifted. The contractor supplied Brian
with amended information for the file and thus was allowed to continue the
work.
There was a letter from
the owners of 599 Commercial Street requesting to access the property from the
beach using a rubber-tired tractor, traveling below the high tide line, for the
removal of earth materials in preparation of proposed site improvements. The
Commission discussed this request and decided to deny the request. They felt
there was a lack of sufficient justification for the request.
There was a request from
Elia Sinaiko, of 609-611 Commercial Street, to amend his sea wall plan to
include some construction along the easterly and westerly returns, as the sheet
pilings that comprise the returns present a serious hazard because they leave
open holes surrounded by steel edges. The Commission discussed the issue and
decided to ask Mr. Sinaiko to appear before them for an amended Order of
Conditions for the project.
Dennis
Minsky moved to request Elia Sinaiko to appear before the Conservation
Commission for an Amended Order of Conditions for the proposed work at 609-611
Commercial Street, Lynne Martin seconded and it was so voted, 3-0.
The Commission discussed
2 Commercial Street and the fact that no planting at the property seems to have
occurred to date. Dennis would like to have a site visit scheduled.
Dennis suggested that the
Commission should present a desk plaque for Elaine Anderson in gratitude for
her work on the Commission.
ADJOURNMENT: Lynne Martin moved
to adjourn at 9:50 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, Chair