HomeMy Public PortalAboutConservation Commission -- 2020-08-04 Minutes Brewster Conservation Commission Minutes — Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 131 , Section 40,
Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations
Massachusetts Department of Environmental Protection ( MA DEP ) T , i,iiJ ;_; 1 ` F
( M . G . L . C . 131 . § 40 )
And
Code of the Town of Brewster Chapter 172 , - - '
Brewster Wetlands Protection Bylaw ( BWP Bylaw)
Wetland Regulations 1 . 01 — 9 . 15
Call to Order
Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday , August
41 2020 meeting of the Brewster Conservation Commission at 6 : 30 PM at the Brewster Town Offices , 2198
Main Street , Brewster, MA,
Present
Chairman Michael Tobin , Vice Chairman Nicole Smith , Commissioners Bruce Evans , Gary Kaser , Peter
Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade
" Bruce Evans , Present" , " Gary Kaser, Present" , " Nicole Smith , Present" , " Peter Wells ,
Present" , " Michael Tobin , Present" , " Noelle Aguiar, Present" , " Chris Miller, Present" ,
" Carol Spade , Present"
Chairman Tobin 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 recorded . Others intending to record are
required to inform the Chairman prior to the meeting .
Pursuant to Governor Baker' s March 12 , 2020 Order Suspending Certain Provisions of the
Open Meeting Law and his March 15 , 2020 Order imposing strict limits on the number of
people that may gather in one place , this meeting will be conducted via remote
participation to the greatest extent possible . Specific information and the general
guidelines for remote participation by members of the public and/or parties with a right
and/or requirement to attend this meeting may be found on the Town 's website at
www . brewster-ma . gov . For this meeting , members of the public who wish to listen to the
audio broadcast may do so via the Town of Brewster livestream at
http : //livestream . brewster-ma . gov or on Channel 18 . No in -person attendance of members
of the public will be permitted , but every effort will be made to ensure the public can
adequately access the proceedings in real time via technological means . The Town has
established specific email addresses for each board and committee that will be meeting
remotely so that residents can send their comments in writing either before or during the
meeting . In the event we are unable to live broadcast these meetings , despite best efforts ,
we will post on the Town website an audio recording , transcript, or other comprehensive
record of proceedings as soon as possible after the meeting .
The Public Meeting Packet for the hearings is available for download at :
http : //records . brewster-ma . gov/WebLink/0/fol/118271 /Rowl . aspx
Send comments on items from the Conservation Commission agenda to :
conservationmeeting (cr7brewster-ma . gov "
Mr. Tobin then explained the rules for remote meeting participation .
Citizens ' Forum
The public had no comment at this time .
Report of the Natural Resources Director NR
Mr. Miller had no report at this time .
Brewster Conservation Commission Minutes August 4 , 2020 1
Report of the Conservation Administrator
Ms . Aguiar reported that citizens issued letters on illegal docks and other unauthorized activities appear to
be responding positively at this time .
The Conservation Commission has the authority to issue enforcement action under the Massachusetts
Wetlands Protection Act M. G. L, a 139, § 40 and the Brewster Wetlands Protection Bylaw, Chapter 472 under
the Code of the Town of Brewster. These laws require the filing of an Application for a Permit for any person to
remove, fill, dredge, alter or build upon or within 100 feet of any lake, pond, river, stream, estuary or the ocean.
Without a permit, such activity is in violation of said laws.
Vice Chairman Smith was recused from the following :
Request for Certificate of Compliance
1 . Houghton, 83 Cedar Hill Road ; SE 9-17231 38/27 (2/38)
The Conservation Administrator recommended that the project complies with the Order of
Conditions , and to issue a Certificate of Compliance . Evans/Kaser AU **
" Bruce Evans , Aye" , " Gary Kaser, Aye" , " Peter Wells, Aye " , " Michael Tobin , Aye"
Vice Chairman Smith resumed remote participation in the meeting .
Review of Plan Change
1 . Canyon Capital III Horsman, Order of Conditions SE 94796, reconstruction of a single family
dwelling - request as to whether an extension to beach access stairs shall constitute a minor
change to plan as 298 Robbins Hill Road, 38/80 (2/8)
Patrick Horseman attended remotely . " Patrick Horsman , Present"
In answer to a question from Chairman Tobin as to the reason for the requested minor change , Ms .
Aguiar explained that the newly re-constructed dwelling is further landward on the Coastal Dune
than the original , and pedestrian access to the existing beach walkway and stairs is impacting the
Coastal Dune ,
The Conservation Commission agreed the above plan change shall be considered minor,
and approved . The newly submitted plan shall be designated by the Conservation
Administrator as the approved plan of record . Evans/Kaser AU**.
" Bruce Evans , Aye", "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells , Aye " ,
" Michael Tobin , Aye"
Request for Administrative Review
1 . Banash , 195 Leland Road , 33/3 (36142) tree removal
David Banash attended remotely. "David Banash, Present"
Ms . Aguiar explained the applicant proposes to remove four pitch/scrub pines to open the tree
canopy and provide sunlight to understory vegetation to allow it to grow.
Vice Chairman Smith agreed to vote to ratify the project , so long as the trees are flush cut in lieu of
uprooted .
Commissioner Kaser stated that he will vote to allow removal of the four scrub/pitch pines in this
case given the abundance of trees in the immediate area . However, he reminded the Commission
to be cognizant of the importance of trees around ponds as wildlife habitat ; for example American
wood ducks live in wetland environments and nest in large cavities in trees close to ponds .
As contained in her Administrative Report, the Conservation Administrator believed the above
referenced project meets parameters for an activity under the Commission's Administrative Review
process, and approved the project under Administrative Review, with the proviso. that the
applicant remove a recently planted non -native Japanese cedar tree from the 100 foot buffer
zone of wetlands. Evans/Kaser; Ratify . AU**
"Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith, Aye " , " Peter Wells , Aye" ,
" Michael Tobin , Aye"
Review of Plan Change
2. McGrath , Order of Conditions SE 9-1856, request as to whether expansion of approved patio
with increased mitigation planting area shall constitute a minor change to plan on 204
Cranview Road , 30/14-13068 (51 /16-1 )
Brewster Conservation Commission Minutes August 4 , 2020 2
Vice Chairman Smith stated that she will vote to allow the minor change as long as it continues to
allow the retaining wall to block all physical encroachment to ensure a natural , protective 50-foot
buffer zone to wetlands.
The Conservation Commission agreed the above plan change shall be considered minor, and
approved . This newly submitted plan shall be designated by the Conservation Administrator as the
approved plan of record . Evans/Kaser AU** .
" Bruce Evans , Aye" , " Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells , Aye" ,
" Michael Tobin, Aye "
Review and Approval of Minutes
1 . July 21 , 2020
** Having reviewed the above referenced minutes , the Commission approved them as written .
Evans/Kaser AU **.
" Bruce Evans, Aye " , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells , Aye" ,
" Michael Tobin , Aye"
Any Topic not reasonably anticipated by the Conservation Commission Chairman
Chairman Tobin requested the status of a proposed public hunting discussion , to which Mr. Miller responded
that he will be meeting with Town Administration as to when the public will be allowed to participate in public
meetings other than by sending comments via electronic mail .
Vice Chairman Nicole Smith informed the Commission that she will not be able to attend the September
Conservation Commission meetings because she is expected to give birth in September. For that reason , it
is possible she will be unable to attend the August 18 meeting as well .
Ms . Smith requested that she be included in the public discussions on hunting .
The Conservation Commission welcomed newly appointed Conservation Commissioner, Greg Scalise to the
meeting . Mr. Scalise attended remotely. "Greg Scalise, Present" ,
Adjourned at 7: 00 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 Massachusetts Wetlands Protection Act (WPA) . 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 . . Jnvasive Plants in Massachusetts111105
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website httpaltown. brewster. ma. us
Brewster Conservation Commission Minutes August 4 , 2020 3
Brewster Conservation Commission Minutes — Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 131 , Section 40,
Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations
Massachusetts Department of Environmental Protection ( MA DEP ) 010ji f i I still
( M . G . L . C . 131 . § 40 )
-: ,
And .I ! �
Code of the Town of Brewster Chapter 172 ,
Brewster Wetlands Protection Bylaw ( BWP Bylaw)
Wetland Regulations 1 . 01 — 9 . 15
Call to Order
Under the Massachusetts Open Meeting Law , Chairman Michael Tobin called to order the Tuesday , July 21 ,
2020 meeting of the Brewster Conservation Commission at 6 : 40 PM at the Brewster Town Offices , 2198
Main Street , Brewster, MA .
Present
Chairman Michael Tobin , Vice Chairman Nicole Smith , Commissioners Bruce Evans , Gary Kaser, Peter
Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade
" Bruce Evans , Present" , " Gary Kaser , Present" , " Nicole Smith , Present" , " Peter Wells ,
Present" , " Michael Tobin , Present" , " Noelle Aguiar, Present" , " Chris Miller, Present" ,
" Carol Spade , Present"
Others Present " Amy Henderson , Present" , " Hal Minis , Present" , " Brian Wall , Present" ,
representing applicant Brewster Conservation Trust, "John O ' Reilly , Present" ,
representing applicant J & J Revocable Trust, " Brad Malo , Present" , representing
applicant Susan Sullivan
Chairman Tobin 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 audio and/or video recorded . Others intending
to record are required to inform the Chairman prior to the meeting .
Pursuant to Governor Baker' s March 12 , 2020 Order Suspending Certain Provisions of the Open
Meeting Law and his March 15 , 2020 Order imposing strict limits on the number of people that may
gather in one place, this meeting will be conducted via remote participation to the greatest extent
possible . Specific information and the general guidelines for remote participation by members of the
public and/or parties with a right and/or requirement to attend this meeting may be found on the
Town ' s website at www. brewster-ma . Ctov. For this meeting , members of the public who wish to
listen to the audio broadcast may do so via the Town of Brewster livestream at
htto ://livestream . brewster-ma . aov or on Channel 18 . No in -person attendance of members of the
public will be permitted , but every effort will be made to ensure the public can adequately access the
proceedings in real time via technological means . The Town has established specific. email
addresses for each board and committee that will be meeting remotely so that residents can send
their comments in writing either before or during the meeting . In the event we are unable to live
broadcast these meetings , despite best efforts , we will post on the Town website an audio recording ,
transcript, or other comprehensive record of proceedings as soon as possible after the meeting .
The Public Meeting Packet for the hearings is available for download at: httpe //records . brewster-
ma . aov/WebLi nk/0/fol/118271 /Rowl . aspx
Send comments on items from the Conservation Commission agenda to :
conservationmeetina cD..brewster-ma . aov
Mr. Tobin then explained the rules for remote meeting participation .
Under MA General Laws Chapter 40, Section 8C
Under M . G . L . C . 131a §40 And BWP By-law
Brewster Conservation Commission Minutes July 21 , 2020 1
Public Hearings
Requests for Determinations of Applicability
J and J Revocable Trust requests determinations as to whether the area - buffer zone to
inland wetlands , and the work - regrading a slope , constructing an earthen berm and
revegetating the slope , are subject to the Wetlands Protection Act and jurisdiction of the
BWP Bylaw. Property is on 50 Sara Ann Lane , 77150 (261210 ) .
Summary of Applicant Testimony
John O' Reilly, PE , PLS , J M O' Reilly , Inc. , represented the applicant. He described the resource area , an
isolated vegetated wetland , and the project as contained in the Request for Determination and plan*,
He stated that the purpose for grading the area and constructing the earthen berm is to contain runoff which
presently flows into the wetland .
The property owner proposes a commercial business intended for the storage of sand , gravel , etc. , outside
of the jurisdictional areas of the Conservation Commission . This proposal will be heard by the Planning
Board as a Site Plan Review application , The applicant believed the Conservation Commission must
determine wetland boundaries and approval for the berm , prior to appearing before the Planning Board .
The edge of clearing is at its closest, 84 feet from the wetland .
Summary of Staff/Conservation Commission Comments
Ms . Aguiar requested specifics on the types of heavy equipment the berm construction will require . Mr.
O ' Reilly explained it will require excavators .
Mr. Evans asked for clarification on the way in which this drainage control mechanism will work . Mr. O' Reilly
responded that it will consist of the existing graded natural soil , sand and gravel on the site , and will be
seeded and planted with drought tolerant grasses to contain runoff. The purpose of the natural berm is to
prevent direct rainwater flow from the road into the wetland , as exists currently ; the berm is designed to
uptake these nutrients through the soil and plant roots instead of flowing directly into the wetland .
Mr. Wells requested assurance that contaminates will not be stored in the proposed storage areas . Mr.
O' Reilly stated that to his knowledge , this area is not zoned such that contaminants would be allowed in the
storage places .
Ms . Smith expressed concern that the proposed earthen berm is adequate enough to control all of the
impacts from this project . Mr. O' Reilly responded that he anticipates it is tall and wide enough so that it will .
Summary of Public Comments
The public had no comment.
Evans moved , Kaser seconded the motion to close the public hearing and issue determinations , as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone , as defined in the regulations , but will not
alter an Area subject to protection under the Act. Therefore , said work does not require the filing of a
Notice of Intent, subject to the following conditions (if any) .
Special Conditions shall be detailed in a letter to the applicant from the Conservation
Commission agent.
6 . The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
" Bruce Evans , Aye " , "Gary Kaser, Aye" , " Nicole Smith , Aye " , " Peter Webs , Aye " , " Michael
Tobin , Aye"
The Conservation Commission approved the motion unanimously.
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . J M O' Reilly. . . Narrative, Site Plan , Proposed Materials Storage Area Parcels 50 and 54 Sara
Ann Lane 6/29/20
Brewster Conservation Commission Minutes July 21 , 2020 2
Susan M Sullivan requests determinations as to whether the area — outside of 50 feet from
inland wetlands and the work — extending an existing deck, adding steps , stone paths and
other amenities - are subject to the Wetlands Protection Act and jurisdiction of the BWP
Bylaw, Property Is on 62 Ridgewood Drive , 26/57 ( 22!136 ) .
Summary of Applicant Testimony
Brad Maio , Coastal Engineering , Inc . , represented the applicant. He described the resource areas and
project as contained in the Request for Determination and plan *.
Mr. Malo disclosed that he owns this property. He requested that some of the mitigation plantings be other
than those on the Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service
(www. capecodextenslon. org), interspersed with plants on the list.
Summary of Staff/Conservation Commission Comments
Natural Resources Director Miller stated that he has visited the site and believes the Commission could
issue Negative Determinations on this project outside of 50 feet to wetlands , as long as all plantings are
chosen from the Approved Planting List*.
Commissioner Evans requested clarification on the anticipated plant removal in the area of the proposed
propane tank. Mr. Malo responded that the existing plant proposed for removal is invasive (non-native)
Rosa multiflora .
Summary of Public Comments
The public had no comment.
Bruce Evans moved , Gary Kaser seconded the motion to close the public hearing and issue determinations ,
as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone , as defined in the regulations , but will not
alter an Area subject to protection under the Act . Therefore , said work does not require the filing of a
Notice of Intent , subject to the following conditions (if any) .
Special Conditions shall be detailed in a letter to the applicant from the Conservation
Commission agent.
6 . The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw,
The Conservation Commission unanimously approved the motion .
"Bruce Evans, Aye " , " Gary Kaser, Aye " , " Nicole Smith , Aye " , "Peter Wells, Aye", " Michael
Tobin , Aye "
*List of documents submitted for the Request for Determination and discussed at this hearing
1 . Coastal Engineering Site Plan, 62 Ridgewood Drive Showing Proposed Deck and Site
Modifications, Rev 7!17/20
2 . 310 CMR 10 . 65 Delineation Field Data Forms
3 Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service
(www. capecodextension.org),
Brewster Conservation Trust requests determinations as to whether the area — buffer zone
to inland wetlands , and the work — installation of a split rail fence , are subject to the
Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is located in the
Conservation Area known as the Eddy Sisters Trail and Community Garden off 0 Lower
Road , 5712-(-1849) 57/59 ( 18/20 ) .
Summary of Applicant Testimony
Amy Henderson , Executive Director, and Hal Minis , President, Brewster Conservation Trust , represented
the applicant. Ms . Henderson described the resource areas and the project as contained in the Request for
Determination and plan* . She stated that most of the fence is proposed within 100 feet of wetlands and
some of it is proposed within 50 feet of wetlands . No vegetation removal is anticipated . All of the fence is
proposed to be constructed on the surveyed boundary of the property.
Summary of Staff/Conservation Commission Comments
Brewster Conservation Commission Minutes July 21 , 2020 3
In response to participants' comments , Natural Resources Director Miller stated that the Conservation
Commission has no jurisdiction over legal ownership of properties .
Commissioner Bruce Evans requested that this split rail fence not impede the free movement of wildlife ; that
it is constructed to enable small wildlife to travel underneath and deer to move over it.
Summary of Public Comments
The public had no comment.
Bruce Evans moved , Gary Kaser seconded the motion to close the public hearing and issue determinations,
as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone , as defined in the regulations , but will not
alter an Area subject to protection under the Act . Therefore , said work does not require the filing of a
Notice of Intent, subject to the following conditions (if any) ,
Special Conditions shall be detailed in a letter to the applicant from the Conservation
Commission agent.
6 . The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
" Bruce Evans , Aye" , "Gary Kaser, Aye " , " Nicole Smith , Aye" , " Peter Wells, Aye " , "Michael
Tobin , Aye "
*List of documents submitted for the Request for Determination and discussed at this hearing
1 . Plan of Land in Brewster made for CN Thorndike Trust, 2/3/1976
2. BCT Eddy Sisters' Property Wetlands and Buffer Overview 6/25/20
3. Shady K Realty LCC Plan for Proposed Electrical and Cable 3/4/20
Notice of Intent
Continued - Ocean Edge 11 Condominium Association proposes to remove and rebuild a
retaining wall in place , within 50 feet of Inland Wetlands , on Ocean Edge Drive , 90/160
{ 1411 ) .
The Conservation Commission continued the hearing of July 7 2020 to allow the Conservation Administrator
to draft findings and special conditions for an Order of Conditions .
Following review of findings under the WPA and BWP By -law and special conditions under the BWP
By-law, Bruce Evans moved, Gary Kaser 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 approved the motion . Eligible voters: Bruce Evans, Gary Kaser, Nicole
Smith, Peter Wells (4-O)
The Conservation Commission approved the motion .
" Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye " , " Peter Wells, Aye "
Citizens ' Forum
The public had no comment at this time .
Report of the Natural Resources Director NR
1 . Mr. Miller reported that the Natural Resources Department staff built sheds to
house beach wheelchairs , and Installed them at Breakwater Beach parking lot.
Mr. Miller explained that these wheelchairs are created especially for beach use
and have wide tires able to navigate in the sand . Members of the public who would
like to use them can notify personnel hired to respond for this purpose .
2 . Some citizens are engaging in rowdy behavior in secluded Town of Brewster
Conservation Lands for parties , etc .
More serious , particularly during these weeks of little rain , is that people are
creating bonfires in the Punkhorn Parklands and elsewhere . Mr. Miller stated that
Brewster Conservation Commission Minutes July 21 , 2020 4
Natural Resources Personnel are doing their best to patrol the area , and some
residents living near and in these conservation areas notify the Natural Resources
Department and the fire Department when they observe bonfires .
Report of the Conservation Administrator CA
1 . The Conservation Administrator stated that she continues to see illegal docks on
the various ponds and to issue letters to presumed owners , explaining their
responsibilities under Wetlands flaws** .
The Massachusetts Wetlands Protection Act M. G. L. c. 131, § 40 and the Brewster Wetlands
Protection Bylaw, Chapter 172 under the Code of the Town of Brewster, requires the riling of
an Application for a Permit for any person to remove, fill, dredge, alter or build upon or within
100 feet of any lake, pond, river, stream, estuary or the ocean. Without a permit, such a
structure is in violation of said laws.
On all Great Ponds, a license from Massachusetts General Law Chapter 91, is required to
ensure the public 's rights to fish, fowl and navigate are not unreasonably restricted, and that
unsafe or hazardous structures are repaired or removed.
Owners at 582 Gull ' s Way , recipients of an Enforcement Order on June 16 , 2020 , have
removed their dock.
2. The CA reported that cutting/pruning must not occur during this wildlife nesting
season . She requested that Commissioners and others present contact the Conservation
Department when hearingiobserving chain saws within 100 feet of wetlands .
"To protect wildlife, pruning shall not occur between the months of May 1 and August 15. "
Violation ; Enforcement Order Ratification
1 . Wiley , 65 Damon Road , 53122 (35178 ) Clearing Within 50 feet of Inland Wetlands
AU ** , Ratify Evans/Kaser
" Bruce Evans , Aye " , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells, Aye" ,
"Michael Tobin , Aye"
Review and Approval of Minutes
1 . July 7 , 2020
** Having reviewed the above referenced minutes , the Commission approved them as written .
AU **. Evans/Kaser
The Conservation Commission unanimously approved the motion .
"Bruce Evans , Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye " , " Peter Wells , Aye" ,
" Michael Tobin, Aye"
Any Topics not reasonably anticipated by the Conservation Commission Chairman
No topics discussed .
Adjourned at 7 : 10 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 Massachusetts Wetlands Protection Act (WPA) . 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.
Brewster Conservation Commission Minutes July 21 , 2020 5
Among the list of documents " for this meeting are the following:
1. List of native plants for coastal/inland wetland buffer zones depicting the species, size and natural spacing of
plants Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service
(www. capecodextension. org),
2. Massachusetts Department of Agricultural Resources . . . invasive Plants in Massachusetts 111105
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http.//town. brewster. ma. us
Brewster Conservation Commission Minutes July 21 , 2020 6