PROVINCETOWN CONSERVATION COMMISSION\

MEETING MINUTES

June 19, 2007

6:30 P.M.

Members Present: Dennis Minsky, Dieter Groll (arrived at 7:00 P.M.), Lynne Martin and David Hale.

Members Absent: Elaine Anderson (excused) and 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 6:35 P.M.

PUBLIC STATEMENTS: None.

MINUTES: June 5, 2007 – David Hale moved to approve the language as written, Lynne Martin seconded and it was so voted, 3-0.

MINUTES: June 14, 2007 – David Hale moved to approve the language as written, Lynne Martin seconded and it was so voted, 3-0.

OLD BUSINESS:

Barbara Rushmore appeared to inquire about the on-going situation at her property involving a Town drainpipe. At the last hearing she informed the Commission that she was requesting a 20-30’ extension of the drainpipe in order to mitigate a public nuisance at the location. Since that hearing, Elaine Anderson has taken a site visit. Brian Carlson reported that the Department of Public Works maintains all of the drainpipes in Town and, according to Sandy Turner, the drainpipe in question is on their list of projects.

Notice of Intent

Application by Richard L. Bready, represented by Coastal Engineering Company, Inc., 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 proposed landscaping improvements at the property located at 531 Commercial Street, in Provincetown. This case is continued until the July 17, 2007 hearing.

NEW BUSINESS:

Certificate of Compliance

Request for a Certificate of Compliance by Cape Associates, Mark Kinnane for Dave Butler and the property located at 15 Creek Round Hill Road in Provincetown. There is no proof of recording of the Order of Conditions at the Barnstable County Registry of Deeds in the file and no DEP number for the project. Brian Carlson has a call into DEP. This matter is continued until the July 17, 2007 hearing.

DISCUSSION:

WK Red Clay, LLC: The Commission discussed the project at 21 Bradford Street Extension, including the latest draft of the conservation restriction that would be placed on the property as part of the Commission’s Order of Conditions. Dennis Minsky reported his discussions with Town Counsel concerning the progress of writing the restriction. The Commission reiterated that they wanted any future development limited in the upland area to passive recreation and absolutely no development in the wetland area at the premises. Town Counsel will contact Attorney Lester J. Murphy, applicant’s counsel, to work out the details of the restriction. The Commission informed the applicant that they would prefer to have a final version of the conservation restriction in place, and voted on by the Commission, instead of making it part of the Order of Conditions that a restriction be drafted and voted on. Chair Dennis Minsky told the applicants that he would contact Town Counsel and urge him to contact Attorney Murphy as soon as possible in order to work out the details of the restriction in a timely manner.

Beach Cleaning: Brian Carlson had invited Gerry Irmer, chair of the Harbor Committee, and Rex McKinsey, Pier Manager/Harbormaster, to come and talk to the Commission about beach cleaning. Neither could attend. Mr. Irmer informed Brian that he would file a Determination of Applicability for the project. The Commission then discussed the scope of work to be done and other matters related to beach cleaning, including the idea of acquiring a machine that would clean the beach. Rex McKinsey has been working a long time on this project and the Commission has been given the opportunity to contribute their opinion about the issue to the process. Brian will schedule another joint discussion with Mr. Irmer regarding this matter.

ANY OTHER BUSINESS:

David Guertin called Chair Dennis Minsky and thanked him for sending a letter concerning the flushing of water at Mt. Gilboa and further stated that the Town is ready to comply with the request for the filing of a Notice of Intent for Foss Woods.

Brian Carlson reported that Rex McKinsey is looking for volunteers to take water samples of the Harbor. The testing days will occur throughout the summer months the Harbormaster would love to get members of the Commission involved in the project. The water sampling technique would require attendance of a workshop.

The Commission discussed ideas for new local regulations including devising a list of native species that the Commission would recommend planting, formulating a policy on ACQ lumber, strengthening the regulation on pesticides and herbicides, defining ‘passive recreation’, adding a preface to the current regulations and establishing an order to the permitting process when applicants must appear before the Commission in addition to other Boards, and including a regulation related to hydraulic dredging.

ADJOURNMENT: David Hale moved to adjourn at 8:10 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 Elaine Anderson, Co-Chairs