PROVINCETOWN CONSERVATION COMMISSION

September 18, 2007

6:30 P.M.

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

Members Absent: Paul Tasha.

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

PUBLIC HEARING

Chair Dennis Minsky called the Public Hearing to order at 6:30 P.M.

PUBLIC COMMENTS:

None.

MINUTES: May 29, 2007 – Elaine Anderson moved to approve the language as amended, David Hale seconded and it was so voted, 4-0.

September 4, 2007 – Elaine Anderson moved to approve the language as written, David Hale seconded and it was so voted, 4-0.

OLD BUSINESS:

Notice of Intent (continued from July 17, 2007)

Application by David Guertin, DPW Director, 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 previously conducted at the Mount Gilboa water holding tank and the adjacent Foss Woods Conservation Area in Provincetown. The applicant has submitted the standard operating procedures for water storage tank draining. The applicant requested that the case be continued until October 16, 2007.

Dennis Minsky moved to accept the request for a continuance until the October 16, 2007 hearing, David Hale seconded and it was so voted, 4-0.

NEW BUSINESS:

Notice of Intent

Application by Lynn Kappleman 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 conduct landscaping and re-grading within the buffer zone of an isolated vegetated wetland at the property located at 4 Maple Court, in Provincetown.

Presentation: Jason Ellis appeared to present the application. The applicant seeks to remove overgrown vegetation in the back west side of her property and replace it with a patio, lawn or other vegetation. This aspect of the project has not yet been finalized. The vegetation to be removed is outside the 100’ buffer zone, but access to that portion of the property by the heavy machinery to be used for the clearing, as proposed by Mr. Ellis, would be through the 100’ buffer zone. The applicant has filed with MESA, but has not yet received a response.

Public Comment: None.

Commission Discussion: The Commission questioned Mr. Ellis. The issues that concerned the Commission included the means of access for the heavy machinery to be used on the project, the origin and quantity of the fill to be used in the project and the lack of a detailed plan of what will be done once the area has been cleared. The Commission felt that the plans submitted by Mr. Ellis were not detailed enough in terms of the contours of the property. Mr. Ellis requested a continuance until the October 16, 2007 hearing.

Dennis Minsky moved to accept the request for a continuance to the October 16, 2007 hearing, Dieter Groll seconded and it was so voted, 5-0.

Request for Determination of Applicability

Application by Shoreline Construction 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 a determination of floodplains and wetland areas at the property located at 29 Bradford Street Extension, in Provincetown. Brian Alexander appeared and requested a continuance until the January 15, 2008 hearing.

Elaine Anderson moved to accept the request for a continuance until the January 15, 2008 hearing, Dieter Groll seconded and it was so voted, 5-0.

Notice of Intent

Application by Michael Winstanley 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 restore approximately 500 square feet along the existing line of beach grass to replace beach grass that was removed at the property located at 781 Commercial Street, in Provincetown. The applicant requested a continuance.

Commission Discussion: The Commission briefly discussed Mr. Winstanley’s application.

Dennis Minsky moved to accept the request for a continuance until the November 6, 2007 hearing, Elaine Anderson seconded and it was so voted, 5-0.

DISCUSSION:

The Commission discussed coastal banks and coastal dunes.

APPOINTMENTS:

The CPC has not met to discuss a proposed change in their meeting day.

CORRESPONDENCE:

The Commission was informed about a letter written by Attorney E. James Veara to Attorney Brian J. Wall concerning a dispute regarding scale at the Bay Harbour project.

ANY OTHER BUSINESS:

The Commission discussed revising the local wetland regulations, including the issue of hydrolic dredging, as the season for that begins in October. There will be a Work Session at the October 2, 2007 hearing to discuss these issues.

The Commission questioned Brian Carlson about the status of hiring an outside consultant to advise them about the project located at 157A Commercial Street. Brian Carlson will get the process started.

The Commission discussed and revised Brian Carlson’s the draft letter to the Dr. Jerome and Lorraine Harris concerning the easement at the property located at 781 Commercial Street.

The Commission briefly discussed what properties may be subject to a wetland restriction, including 781 Commercial Street and the Bay Harbour subdivision.

The town has been granted the services of an Americorps volunteer to work on various projects during the winter.

ADJOURNMENT: Elaine Anderson moved to adjourn at 8:30 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