HomeMy Public PortalAboutConservation Commission -- 2019-02-19 Minutes Brewster Conservation Commission Minutes — Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
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Massachusetts General Law Chapter 131 , Section 40,
Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations
Massachusetts Department of Environmental Protection ( MA DEP ) PRELIS, TER Tiil.ltf rdLERK
( M . G . L . C . 131 . § 40 )
And
Code of the Town of Brewster Chapter 172 ,
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Brewster Wetlands Protection Bylaw ( BWP Bylaw)
Wetland Regulations 1 . 01 — 9 . 15
Call to Order
Under the Massachusetts Open Meeting Law , Vice Chairman Nicole Smith convened the
Tuesday , February 19 , 2019 meeting of the Brewster Conservation Commission at 6 : 00 PM at
the Brewster Town Offices , 2198 Main Street , Brewster, MA,
Present
Vice Chairman Nicole Smith , Commissioners Bruce Evans , William Klein , Peter Wells ,
Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Senior
Department Assistant Carol Spade
Not Present
Chairman Michael Tobin
Vice Chairman Nicole Smith read the following into the record :
" As required by the Massachusetts Open Meeting Law , the Conservation
Commission is informing the public that this meeting will be video* recorded .
Anyone else intending to record is required to inform the Chairman prior to the
meeting . "
Vice Chairman Nicole Smith read Into the record , the following : On March 2151 the Brewster
Conservation Department offices in Town Hall are relocating to 1657 Main Street, together with the
Natural Resources , Harbormaster and Shellfish Departments . This will consolidate all of the separate
functions of the Natural Resources Department. The new location is the former Brewster Fire
Department, located 1 mile west along Route 6A, directly adjacent to the Council on Aging and in front
of the new Brewster Fire and Rescue facility. The departments will be closed on Thursday March 2151
during the move but expect to reopen on Friday March 22 , at the new location . If there is an urgent
need during the move, please contact the Select Board office at 508-896-3701 . As of March 22, 2019 ,
Conservation and Natural Resources can be reached at: Brewster Natural Resources and Conservation ,
1657 Main Street, Brewster MA 02631 , at 508-8964546 . Business hours are 8 : 30 to 4 : 00 PM , Monday
through Friday.
Brewster Conservation Trust
0 Fiddlers ' Lane , 4 . 71 -Acres - Proposed Conservation Restriction
1 . Conservation Commission review and request for approval of Conservation
Restriction
Having reviewed the above captioned Conservation Restriction , William Klein
moved , Peter Wells seconded the motion to approve the Conservation
Restriction as written . AU .
2 . Signatures , Municipal Certification Form
Windrift Acres ( Copelas ) off Slough Road — 23 . 9 Acres — 13/31 -50 , 9/13 — Request
for Conservation Commission support for intended purchase of the last parcel of
land west of Slough Road ; land to be under Conservation Commission jurisdiction
for care , custody and control .
1 . Review and Request for Approval of Purchase
Having reviewed the above captioned document, William Klein moved , Peter
Wells seconded the motion to support the intended purchase of the property . AU .
Brewster Conservation Commission Minutes February 19 , 2019 1
2 . Conservation Administrator Signature , Letter to Brewster Open Space
Committee and Community Preservation Committee
Long Pond Woodlands , Signatures — ( Land ) Project Agreement (second signing of
Page 4 of 5)
The Commission/ Conservation Administrator signed all the above referenced
documents .
r
Public Hearing
Notice of Intent
( Continued Hearing ) Brewster Conservation Trust proposes a variance from the Brewster
Wetlands Protection Bylaw to extend an existing nature study trail , replace a bridge over a
ditch , install signs and benches and a path to a pond and remove invasive vegetation .
Work is to occur within 50 feet of inland wetlands . Property is on 0 Main Street ( off 2342
Main Street) , 78/121 ( 16/83 ) .
Eligible voters: Evans, Klein, Smith, Tobin, Wells Hearing opened February 5, 2019, testimony taken
Following review of findings under the WPA and BWP By- law and special conditions under the
BWP By- law, Wells moved , Klein seconded the motion to close the hearing , approve the project . . .
with findings and special conditions as discussed at this hearing and amended , and issue an Order
of Conditions . The Conservation Commission unanimously approved the motion . Eligible
voters: Bruce Evans, William Klein, Nicole Smith, Peter Wells (4-0 )
( Continued Hearing ) Thomas Monaghan , Corcoran Jennison Management ( Ocean Edge
Resort) proposes variances from the Brewster Wetlands Protection Bylaw for
bioengineering measures consisting of rows of coir materials , and sand nourishment and
native vegetation on a Coastal Dune , Coastal Beach , Land Subject to Coastal Flowage and
Riverfront and within the 100-foot Buffer Zone to a Salt Marsh , Land Containing Shellfish and
Vegetated Wetlands , on property off 2907 Main Street, 90/160 ( 1411 ) .
Eligible voters: Klein, Smith, Tobin, Wells Hearing opened on October 2, 2018, no testimony, continued to
October 16, November 13, testimony taken, November 20 no testimony, December 18 testimony taken, January 8,
2019 no testimony, January 22, no testimony, February 5, no testimony.
Klein/Wells continue the hearing to 3/5/ 19 . AU ** .
( Continued Hearing ) Stewart Bernstein , Ocean Edge 11 ( Ocean Edge Resort) proposes a
variance from the Brewster Wetlands Protection Bylaw to vegetate a coastal dune . Property
R
s on 2907 Main Street, 90/160 ( 14/1 ) .
Eligible voters: Klein, Smith, Tobin, Wells Hearing opened on October 2, 2018, no testimony, continued to
October 16, November 13, testimony taken, November 20 no testimony, December 18 testimony taken, January 8,
2019 no testimony, January 22, no testimony, February 5, no testimony.
Klein/Wells continue the hearing to 3/5/ 19 . AU **.
( Continued Hearing ) Sears Point Condominium Association proposes a variance from the
Brewster Wetlands Protection Bylaw to construct a rock boulder revetment and sand drift
fence , along coastal landforms to protect a structure constructed prior to 1978 , the date of
enactment of the Wetlands Protection Act . Property is off Sears Point Drive , 57/3 (4/1 ) .
Eligible voters: Evans, Klein, Smith, Tobin, Wells Hearing opened on October 16, 2018; no testimony, continued
to November 13, testimony taken, December 18, testimony taken, January 8, 2019 no testimony, January 22, no
testimony, February 5, no testimony.
Klein/Wells continue the hearing to 3/5/ 19 . AU ** .
To be heard as one hearing :
( Continued Hearing ) Mary Ellen Olson proposes a variance from the Brewster Wetlands
Protection Bylaw, to install two rows of 5-foot by 4-foot double coir layer, jute filled
envelopes , one row of 3 -foot by 3 -foot coir envelopes , a Sand Drift Fence (4" by 4" slats ) and
sand and plant nourishment along the shoreline , in coastal resource areas . Property is on
116 The Tides Court, 58/46 (4/61 ) .
( Continued Hearing ) David Lapidus , Trustee , Davis Lapidus Trust , and Fotoulla Nicole
Lapidus , Trustee , Fotoulla Nicole Lapidus Trust, propose a variance from the Brewster
Wetlands Protection Bylaw, to install two rows of 5 -foot by 4-foot double coir layer, jute filled
Brewster Conservation Commission Minutes February 19 , 2019 2
envelopes , one row of 3 -foot by 3-foot coir envelopes , a Sand Drift Fence (4" by 4" slats ) and
sand and plant nourishment along the shoreline , in coastal resource areas . Property is on
115 The Tides Court , 58/44 (4/56 ) .
( Continued Hearing ) Robert L Porter and Carol B . Porter propose a variance from the
Brewster Wetlands Protection Bylaw, to install two rows of 5-foot by 4400t double coir layer,
jute filled envelopes , one row of 3 -foot by 3-foot coir envelopes , a Sand Drift Fence (4" by 4"
slats ) and sand and plant nourishment along the shoreline , in coastal resource areas .
Property is on 90 The Tides Court , 5911 (4160 ) .
C
( Continued Hearing ) Thomas A . and Maria Gordon propose a variance from the Brewster
Wetlands Protection Bylaw, to install two rows of 5-foot by 4-foot double coir layer, jute filled
envelopes and one row of 3 -foot by 3 -foot coir envelopes , a Sand Drift Fence (4" by 4" slats )
and sand and plant nourishment along the shoreline, in coastal resource areas . Property is
on 88 The Tides Court , 59/2 (4/20 ) .
Eligible voters : Evans, Klein, Smith, Tobin, Wells Hearing opened on December 18, 2018,
testimony taken, continued to January 8, 2019, no testimony, January 22, no testimony,
February 5, no testimony.
Klein/Wells continue the hearing to 3/5/ 19 . AU * * .
Continued Hearing ) Kevin and Elizabeth Hoffman propose a variance from the Brewster
Wetlands Protection Bylaw to install two rows of 3-foot by 3 -foot sand filled coir envelopes , a
Sand Drift Fence (4" by 4" slats ) and sand and plant nourishment on a Coastal Beach and
Coastal Dune . Property is on 286 Robbins Hill Road , 38/81 ( 219 ) .
Eligible voters; Evans, Klein, Smith, Tobin, Wells Hearing opened on December 18, 2018, testimony taken,
continued to January 8, 2019, no testimony, January 22, no testimony, February 5, testimony taken.
Klein /Wells continue the hearing to 3/5/ 19 . AU ** .
( Continued Hearing ) Deborah A . Bond -Kennedy and Michael G . Kennedy proposes a
variance from the Brewster Wetlands Protection Bylaw for coastal bank and dune stabilizing
consisting of coir envelopes , sand , etc . , nourishment and replacement of snow fence with 4
by 4-inch slat Sturdy Drift Fence — in coastal resource areas . Property is on 306 Breakwater
Road , 58132 (4/11 ) .
Eligible voters: Evans, Klein, Smith, Tobin, Wells Hearing opened on December 18, 2018, testimony taken,
continued to January 8, 2019, no testimony, January 22, no testimony, February 5, no testimony.
Klein/Wells continue the hearing to 3/5/ 19 . AU ** .
( Continued Hearing ) Bruce Johnson proposes a variance from the Brewster Wetlands
Protection Bylaw to reconstruct an existing single family dwelling and associated
appurtenances , within 50 feet of inland wetlands . Property is on 72 Johnson Cartway , 61121
(49/28 ) .
Eligible voters: Evans, Klein, Tobin, Wells Hearing opened on January 8, 2019, testimony taken, January 22,
testimony taken, continued to February 5, no testimony.
Klein/Wells continue the hearing to 4/6/ 19 , AU **.
( Continued Hearing ) Raymond and Jeanne Sullivan propose a variance from the Brewster
Wetlands Protection Bylaw to reconstruct an existing boulder revetment and coastal
stairway in coastal wetlands . Property is on 347 Point of Rocks Road , 69/99 ( 6/6 ) .
Eligible voters: Evans, Klein, Tobin, Wells Hearing opened on January 8, 2019, testimony taken, January 22,
testimony taken, continued to February 5, testimony taken.
Following review of findings under the WPA and BWP By- law and special conditions under the
BWP By- law, Evans moved , Wells seconded the motion to close the hearing , approve the
project . . . with findings and special conditions as drafted , and issue an Order of Conditions . The
Conservation Commission unanimously approved the motion . Eligible voters: Bruce Evans,
William Klein, Nicole Smith, Peter Wells (4-0 )
George and Karen Snyder propose a variance from the Brewster Wetlands Protection Bylaw
to remove a portion of the dwelling/garage within 50 feet of inland wetlands and reconstruct a
dwelling within 50 feet of wetlands . Property is on 154 The Channel Way , 58/71 (4/27-2 ) .
Notices of Intent
Brewster Conservation Commission Minutes February 19 , 2019 3
The project is not located on the MA Natural Heritage and Endangered Species Map * as an area
of rare plant and wildlife habitat and rare wetlands wildlife ,
i
Summary of Applicant Testimony
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc . , represented the applicant . He described the
resource area , The entire property is within a 200400t Riverfront and the River is located in the
Bordering Vegetated Wetland on the property . He also described the project, as contained in the
Notice of Intent , narrative , variance request and plan * .
Summary of Staff/Conservation Commission Comments tr
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan *.
Ms . Aguiar requested clarification on the excavation involved in the 50 foot buffer zone . Mr.
O ' Reilly responded with specifics , concluding that this area would not require extensive
excavation .
The Commission requested the applicant mark the precise area of native plant mitigation in the
field , as much of the 50 foot buffer zone is well vegetated with mature native and non - native
vegetation .
Summary of Public Comments
The public had no comment .
Klein/Wells continue the hearing to March 5 , 2019 , to allow the applicant to flag the vegetation
areas in the 50 foot buffer zone , and for the Conservation Administrator to draft findings and
special conditions for an Order of Conditions for the project. AU ** .
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J . M . O' Reilly & Associates , Inc , , Proposed Site Plan , 154 The Channel Way, 1 /25/19 Narrative ,
Variance Request
2. Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service
(www. capecodextension . org), list of native woody plants for Inland wetland buffer zones depicting
the species, size and -natural spacing of plants
Cobbs Pond Condominium Association proposes a variance from the Brewster Wetlands
Protection Bylaw to restore and manage vegetation on and within 50 feet of coastal wetlands .
Property is on Wauquanesit Drive , 57/5 and various ( 17/various ) .
Notices of Intent
The project is not located on the MA Natural Heritage and Endangered Species Map * as an area
of rare plant and wildlife habitat and rare wetlands wildlife .
Summary of Applicant Testimony
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc . , and Catrin Higgins , Wilkinson Ecological Design ,
represented the applicant . Ms . Higgins described the resource areas and project as contained in
the Notice of Intent, narrative , variance request, plan * and land management plan * . She
explained that the area currently contains many invasive , non - native plants . She described the
proposed project as restoring the area primarily to a healthy , indigenous maritime shrub
community and will eliminate the invasive species , stabilize the soils and introduce diverse wildlife
to the area . She stated the project creates an ecosystem that does not require constant pruning
and other management .
The proposed project will consist of the layers necessary for wildlife ; grasses , shrubs and trees ,
and create erosion control/stormwater control , absorbing/adsorbing contaminates through roots of
the native plants , as follows :
Brewster Conservation Commission Minutes February 19 , 2019 4
Grasses . The past improper cutting did not allow herbaceous species the necessary sunlight to
grow. Native grasses and forbs , some of which have roots as much as ten feet long to stabilize
the soil in the coastal bank for erosion and stormwater protection , are therefore proposed .
Species include fox sedge , crinkle hair grass and little bluestem .
Shrub Layer. There are many existing native woody shrubs in this area , which are in poor
condition . They lack " biomass " ; a healthy , full leaf layer necessary for wildlife habitat value and
stormwater control , and will be managed to create a healthy woody shrubland and grassland . k
Existing and proposed woody plants include beach plum , bayberry and sweet pepperbush .
Tree Layer, Ms . Higgins stated that some of the existing oak and Eastern red cedar trees are
proposed to be coppiced , a method of proper cutting of degraded trees , in an attempt to save
them . She explained the coppicing process in detail . She referenced and displayed as an
example of an unhealthy tree , a tree on the property depicted on the management plan ( page 5 ,
upper right hand corner) . Ms . Higgins added that these existing unhealthy and unnaturally shaped
trees do not contain the vital life elements such as berry production which provide food for
wildlife . As an added reference , she submitted a document* showing a series of photos showing
an example of a poorly managed oak tree which has been coppiced , and its growth into a healthy
small tree through four seasons .
Due to the sensitive nature of the site , most of the work is proposed to be done by hand , with
machine work if possible , only in a few of the areas described . Ms . Higgins concluded that the
coastal bank and buffer zone undulate topographically , and will provide an interesting and lovely
vista with trees in the lower elevations , when the project has fully matured .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan * .
The Commission established that the project will be performed in phases , beginning on the
eastern side of the project area . The Commission requested a management report following
each phase .
Commissioners requested the Restoration Plan be revised to clearly depict the topography of the
Coastal bank and 50 and 100400t buffer zone with shading , and corresponding specifics on
vegetation heights at maturity ; also that this be clearly identified on the site .
Summary of Public Comments
The public had no comment .
Klein/Wells continue the hearing to March 5 , to allow time for the above , and for the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project , AU ** .
* List of documents submitted for the Notice of Intent and discussed at this hearing .
1 . J . M O ' Reilly, Inc . Site Plan , Land Management-Heathland Creation Wauquanesit Drive, 10/2/15
Narrative , Variance Request
2 . Wilkinson Ecological Design Restoration Plan Wauquanesit Drive 1 /29/19
3 . Land Management Plan 1 /29/18 (sic)
4 . Typical Coppicing Progression submitted at hearing
John and Carolyn Keith propose to build an addition to a single family dwelling , including
a one -car garage , within 100 feet of inland wetlands . Property is on 5 Fisher Point Road ,
19/24 ( 51 /53 ) .
The project proponent submitted a written request to continue the above referenced hearing to
3/5 , 2019 . **Smith/ Klein AU
Brewster Conservation Commission Minutes February 19 , 2019 5
Joshua and Jessica Lutzker propose to amend Order of Conditions SE 9-1699 , to alter a
vegetation management plan , including removing species in serious decline and planting
native species in and within 50 feet of coastal wetlands . Property is on 45 Dune Road , 79/32
( 6/15) .
Summary of Applicant Testimony
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc . , and Jen Stephens , Matthew Cunningham Landscape
Design LLC , represented the applicant. They described the coastal resource areas and project as
F
contained in the proposal , narrative , vegetation management request and plan * .
t
Ms . Stephens explained that the project area consists of many predominately scrub oak and
Eastern red cedar , trees which have been repeatedly pruned in the past from four to eight feet ,
There are also woody shrubs which are in poor condition , lacking " biomass" .
The project proposes to remove the oaks , leave native cherry which can be pruned successfully y
to shrub height - and plant a total of 300 native plants , 75 % of which are woody , can be managed
at a four-foot height and provide erosion control and wildlife habitat value . Herbaceous ground
cover will be planted between the shrubs . The plants include woody bayberry , American holly ,
and bearberry , and herbaceous little blue stem . The project , if approved , will be done in phases ,
from landward to the seaward area , as shown on the plan . A small portion of the oak removal will
be by small machine if at all possible , in areas which will not de -stable the coastal buffer
zone/resource area .
Summary of Staff/Conservation Commission Comments
The Commission requested that some of the stunted scrub oaks at the lowest , seaward - most
elevation be coppiced for potential re -growth , that small machinery be used with caution and that
the applicant submit a monitoring report at the completion of each phase .
Summary of Public Comments
The public had no comment ,
Wells/Smith continue the hearing to March 5 , 2019 , for the Conservation Administrator to draft
findings and special conditions for an Amended Order of Conditions for the project. AU ** .
* List of documents submitted for the Notice of Intent and discussed at this hearing .
1 . J . M . O ' Reilly & Associates, Inc. Site Plan for Vista and Vegetation Management, 45 Dune Road , 1 /30/19 ,
Narrative, Variance Request
2 . Cunningham Landscape Design LLC Vegetative Management Request
Citizens ' Forum
The public had no comment at this time .
Discussion
1 . Stoffel/(Ward ) 50 Dennison Road , 109 ( 5/65 ) , Update of future Notice of Intent for
mitigation for unauthorized clearing of vegetation within 50 feet of vegetated
wetlands
Sam Ward , contractor, attended this discussion as representative for the property owner,
Diane Stoffel . Ms . Aguiar stated that having visited the site earlier in the day , she and the
Commission observed that Mr. Ward has temporarily stabilized the disturbed areas with
erosion control straw material .
Commissioner Klein requested the owner remove the cut tree remains from the site , Vice
Chairman Smith requested the tree be replaced with at least one native tree in its place .
Following discussion , the Conservation Commission re -determined that the property
owner shall file a Notice of Intent " after-the -fact" as mitigation for the violation reported on
December 5 , 2018 . The Notice of Intent shall include a Professional Site Plan also
Brewster Conservation Commission Minutes February 19 , 2019 6
showing removal of invasive plants . The plan shall show a diverse mix of native shrubs *
and grasses appropriate for the area . "Conservation Commission Approved Planting List: Cape Cod
Cooperative Extension Service (www. capecodextension. org), list of native woody plants forinland wetland
buffer zones depicting the species, size and natural spacing of plants.
Report of the Natural Resources Director NR
The NR had no report at this time .
Report of the Conservation Administrator CA
1 . Potential for Determining Member Number on the Conservation Commission
The CA discussed the legalities concerning establishing the number of Conservation
Commission members . Following discussion , the Commission consensually agreed the
total number of Commission members might be set at five . The Conservation
Administrator will inform Town Administration of this .
2. The CA referenced letters* from Eversource Energy and the Commonwealth of MA
relative to proposed herbicide spraying along power line rights -of way to control
vegetation for the safe delivery of electricity to customers .
The CA will send a letter of concern as expressed in previous letters* from the
Conservation Commission 34regarding this method of vegetation control .
* List of documents submitted
• February 7 , 2019 Letter from William Hayes , Eversource Energy to Conservation Commission
• Letter from John Lebeaux, Commissioner, Commonwealth of MA Dept. of Agricultural
Resources to William Hayes , Senior Arborist, Eversource Energy , January 29 , 2019 Notice of
Approval of Eversource Energy, Eastern MA Five Year Vegetation Management Plan for Cape
Cod . . . 2018-2022
• February 22 , 2017 letter to Clayton Edwards, MA Pesticide Bureau , RE : Eversource Energy
(see Eversource files ) YOP for Cape Cod . . . from Noelle Bramer, Brewster Conservation
Commission
• March 13 , 2017 letter to William Hayes , Senior Transmission Arborist, Eversource Energy (see
Eversource files) , Eversource Energy YOP for Cape Cod . . . from Noelle Bramer, Brewster
Conservation Commission , February March 13 , 2017
Review of Plan Change
1 . Kaukas , Order of Conditions SE 9 -1546 - request as to whether foundation changes
shall constitute a minor change to plan = on 78 Old Red Top Road , 12/72 ( 38/116 )
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc . , attended .
The Conservation Commission agreed the above plan change shall be considered minor,
and thus approved . The plan shall be designated as such by the Conservation
Administrator, Smith/Klein AU * * .
Request for Extension to Order of Conditions
1 . Thorne , SE 9 - 16931 958 Satucket Road , 35/49 ( 36123 ) .
No action .
Request for Certificate of Compliance
1 . North Red Wing Partners , LLC , SE 9 -1499 , 40 Red Wing Cartway , 67/78 (5/15 )
No action .
Request for Administrative Review
1 . Eversource , Route 6A , Paine ' s Creek Road , Slough Road , tree trimming , removal
2 . Filan , 293 Bog Pond Road , 67/62 ( 16178 -33 ) , tree removal
3 . Brewster Department of Public Works , 2198 Main Street, 68/127 ( 16/76 ) , tree/shrub
trimming
As contained in her Administrative Report , the Conservation Administrator believed the above
referenced projects meet parameters for activities under the Commission ' s Administrative
Brewster Conservation Commission Minutes February 19 , 2019 7
Review process , and approved the projects under Administrative Review . Klein/Wells , ratify .
AU * * .
Review of Plan Change
1 . Kehoe Order of Conditions SE 94733 - request as to whether adding retaining
walls shall constitute a minor change to plan - on 11 Sheep Pond Circle , 73/7
(41 /115)
The Conservation Commission agreed the above plan change shall be considered minor,
and thus approved . The plan shall be designated as such by the Conservation
Administrator, Evans/Klein AU * * .
Review and Approval of Minutes
1 . January 22 , 2019
Having reviewed the above referenced minutes , the Commission approved them as
written . Wells /Smith AU ** ,
Any Topic not reasonably anticipated by the Conservation Commission Chairman
No topics discussed .
Document signatures
Adjourned at 7 : 30 PM .
Carol Spade
** ( Commissioner) Moved , (Commissioner) Seconded . Denied = D Approved = A Approved
Unanimously = AU .
*Note:
The words, "wetland" and "resource area " are synonymous.
The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet
of a wetland .
As the municipal focal point for environmental protection Conservation Commissions were given the
responsibility in 1972 for administering the ACT . Since that time the Commissions have served in a
regulatory as well as a conservation capacity .
In 1979 , Lovequist v. Conservation Commission of Town of Dennis, the Supreme Judicial Court upheld that
by- laws are not in conflict with the Wetlands Protection Act , so long as they impose stricter standards on
projects affecting wetlands and other resource areas .
Among the list of documents * for this meeting are the following:
1 . Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service
(www. capecodextension. org), list of native woody plants for coastal/inland wetland buffer zones depicting the
species, size and natural spacing of plants
2. Massachusetts Department of Agricultural Resources , . . Invasive Plants in Massachusetts 111/05
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http.//town. brewster. ma. us
Brewster Conservation Commission Minutes February 19 , 2019 8