PROVINCETOWN CONSERVATION COMMISSION

May 15, 2007

6:30 P.M.

Members Present: Dennis Minsky, Dieter Groll, Elaine Anderson, Lynne Martin and David Hale.

Members Absent: Paul Tasha.

Others Present: Brian Carlson (Health Inspector) and Ellen C. Battaglini (Recording Secretary).

PUBLIC HEARING

Co-chair Dennis Minsky called the Public Hearing to order at 6:37 P.M.

PUBLIC STATEMENTS:

Martha Davis expressed concerns about the area around the Provincetown Inn where people keep their floats. She has observed exposed styrofoam and blocks of cement in the area. Harbormaster Rex McKinsey addressed the iaaue and informed the Commission that he is aware of the situation and the owner of the float responsible for the exposed styrofoam and cement has been asked to remedy the situation.

MINUTES: February 20, 2007 – Dennis Minsky moved to approve the language as amended, Lynne Martin seconded and it was so voted, 3-0-2 (Elaine Anderson and David Hale abstaining).

March 20, 2007 – Elaine Anderson moved to approve the language as written, Dieter Groll seconded and it was so voted, 3-0-2 (Lynne Martin and David Hale abstaining).

April 3, 2007 – Elaine Anderson moved to approve the language as written, Dieter Groll seconded and it was so voted, 3-0-2 (Lynne Martini and David Hale abstaining).

NEW BUSINESS:

Notice of Intent

Application by Rex McKinsey, Harbormaster, Pier Corporation, 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. The applicant has filed a Notice of Intent for work conducted under an authorized emergency certification issued April 17, 2007 under 310 CMR 9.20 and 314 CMR 9.12(3) by the Provincetown Conservation Commission and the Massachusetts Department of Environmental Protection at Public Town Landings in Provincetown.

Presentation: Rex McKinsey appeared to present the application. Work has already begun to repair the Town Landings damaged by the recent April storms. These Town Landings have become a public hazard and nuisance. The Conservation Commission requested the testing of dredge material removed from Provincetown Harbor after the storms. It was discovered that the dredge material brought up from this area was cleaner than it was 5 years ago when similar dredge material was examined for petroleum-related compounds.

Public Comment: None.

Commission Discussion: The Commission questioned Mr. McKinsey.

Dieter Groll moved to approve the Notice of Intent presented by Rex McKinsey, Harbormaster for the repair of storm-damaged Town Landings in Provincetown, Elaine Anderson seconded and it was so voted, 5-0.

Request for Determination of Applicability

Application by Honey Black Kay represented by Anchor Marine, Inc. for a Determination of Applicability under the Provincetown Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the Massachusetts Wetland Protection Act M.G.L. c. 131, § 40. The applicant seeks approval to replace 10 16’ 3x10s on an existing deck at the property located at 595 Commercial Street in Provincetown.

Presentation: Christopher Norgeot appeared to present the application. There is an old cement bulkhead and wave break on the beach behind the property. Several of the wooden planks on the wave break are missing or in need of replacement. The new planks will be bolted in place and access to the work area will be through the property. No heavy machinery will be used and two trucks will be stationed in the yard to remove debris. At the request of the Commission, Mr. Norgeot will ask his marine supplier if he can get ACQ lumber as opposed to CCA lumber.

Public Comment: None.

Commission Discussion: The Commission questioned Mr. Norgeot.

Elaine Anderson moved to grant a Negative #3 Determination with the following conditions:

• The applicant investigate the acquisition of ACQ lumber to complete the project and report to Conservation Agent Brian Carlson as to the outcome of the investigation;
• The Conservation Agent be allowed discretion in his decisions in regard to the issue of the ACQ lumber if it is not available to the applicant in marine grade dimensions; and
• The construction protocol as outlined on the plans as presented is followed.

Lynne Martin seconded and it was so voted, 5-0.

Notice of Intent

Application by WK Red Clay, LLC, represented by Coastal Engineering, 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. The applicant seeks to remove two existing residential structures and construct a residential complex and associated site work, including drainage improvements, sewage disposal system installation, landscaping, and buffer zone enhancement within land subject to coastal storm flowage and the buffer zone of an isolated wetland for the property located at 21 Bradford Street Extension in Provincetown. The Commission conducted a site visit at the premises before the hearing.

Presentation: Reggie Donoghue, Attorney Lester J. Murphy, David Krohn, Michael Talbot and Paul Shea appeared to present the application. The applicant wishes to restore and renovate the existing tennis clubhouse and a tennis court on the property and to build 10 additional structures, which will include both community and market rate housing units. The applicant proposes to clean-up the site and revitalize the buffer zone with indigenous plants. The project also proposes to modify a coastal bank on the property. Some building will be occurring within the 50’ buffer zone of the isolated inland wetland located on the property.

Public Comment: Alix Ritchie, an abutter, expressed concern about the isolated inland wetland that abuts the property and would like to see the proposed project on a topographic map. Celine Gandolfo, speaking on behalf of the Provincetown Conservation Trust, an abutter to the project, is very concerned about the wetlands and the various animal habitats in the vicinity of the proposed project. In particular, she is concerned about the migratory habits of the species that inhabit the area and how the migratory paths may be disrupted or destroyed. Albert Gordon, an abutter, had concerns about the fact that there will be building going on in the 50’ buffer zone and about the increased usage of the land that comes with the addition of living units on the premises. Richard Morse, an abutter, spoke in favor of the application. Mike Kanizalos, an abutter, expressed his concerns about the project in relation to the Provincetown Wetland Regulations. There were 2 letters in the file that expressed concern about the size of the project and the subsequent increase in density and usage of the site. Joan Gibbons, an abutter, said that her condominium association has been speaking to the applicant about the project.

Commission Discussion: The Commission questioned the panel about the project. The Commission requested that the applicant explore moving Building #10, the closest to the coastal bank, in order to avoid modifying it. The Commission would also like to hear from Natural Heritage about the project before rendering a decision. The case is continued until the May 29, 2007 hearing.

Request for an Amended Order of Conditions

Application by Richard L. Bready and represented by Coastal Engineering Co., Inc. for an Amended Order of Conditions under the Provincetown Wetlands By-Law, Chapter 12 of the Provincetown General By-Laws, and under the Massachusetts Wetland Protection Act M.G.L. c. 131, § 40. The applicant seeks approval for changes to the landscaping plan and the construction of a garden shed, a generator enclosure, plumber barbecue and outdoor shower at the property located at 531 Commercial Street in Provincetown. This request is withdrawn without prejudice.

CONSERVATION BOARD STATEMENTS:

Dieter Groll brought up the issue of hydraulic dredging, a topic that will be discussed at the May 29, 2007 meeting of the Board of Selectmen. They will be voting on a proposed amendment to the Harbor Committee regulations related to this issue. Dieter suggested that the Commission request that this issue be continued to the next BOS meeting. He feels that this particular regulation should be included in the Commission’s regulations and not the Harbor regulations.

There have been 2 applications to fill vacancies on the Commission; one from Betty Comey and one from Rodney Johnson. Dennis Minsky and Dieter Groll will talk to the applicants and invite them to the May 29, 2007 hearing.

ADJOURNMENT: Lynne Martin moved to adjourn at 10:00 P.M. and it was so voted unanimously.

These minutes were approved by a vote of the Conservation Commission at their meeting on ___________________, 2007.

Respectfully submitted,

Ellen C. Battaglini

Approved by ________________________________ on _____________, 2007

Dennis Minsky and Dieter Groll, Co-Chairs