HomeMy Public PortalAboutConservation Commission -- 2017-04-04 Minutes Brewster Conservation Commission Minutes—Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 131, Section 40, �1
Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations
Massachusetts Department of Environmental Protection {MA DEP}
(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
Chairman Michael Tobin convened the Tuesday, April 4, 2017 meeting of the Brewster
Conservation Commission at 7,00 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA.
Present
Chairman Michael Tobin, Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William
Klein, Nicole Smith, Conservation Administrator Noelle Bramer, Natural Resources Director Chris
Miller, Department Assistant Carol Spade
Not Present
Commissioner Peter Wells
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 video*
recorded. Anyone else intending to record is required to inform the Chairman
prior to the meeting."
Public Hearings
Notices of Intent
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Patrick Ellis, Director, Department of Public Works, Town of Brewster, proposes to clear
vegetation including root material, and patch existing pavement and delineate vehicle
parking stalls in former paved recreational tennis court areas. Work and activity is within
100 feet of wetland resource areas outside of 50 feet of wetlands, and is proposed in
accordance with MA DEP Stormwater Management Requirements, on property owned by
the Commonwealth of MA, Department of Environmental Management, 179 Crosby Lane,
Assessors' Map 115, Parcel 7 (formerly 9115). 4
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., represented the applicant. He described the inland
resource areas and project and its proximity, fifty-five feet (55') to the resource area, Bordering
Vegetated Wetland, as contained in the Notice of Intent, narrative, Checklist for MA DEP
Stormwater Report and displayed plan*... Mr. O'Reilly submitted a photo*at this time, showing
an aerial view of the subject area. He explained that the project is not within 100 feet of the other
resource areas.
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Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
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The Conservation Administrator read aloud a letter from Patrick Ellis, Superintendent of Public
Works, on behalf of the Board of Selectmen and Town Meeting*, essentially further describing the
process and expressing his desire that the Commission approve the project.
Commission comments included a request from Chairman Tobin as to whether he believes the
proposed parking area will have an adverse effect on wetland interests. Mr. O'Reilly explained
that the 100 foot buffer zone is very heavily vegetated; he believes the vegetation will naturally
protect the wetland from runoff contaminates from vehicles.
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Commissioner William Klein remarked that the project requires removal of many trees and other
vegetation from beneath the cracks in the existing asphalt, and asked whether the applicant had
considered removing the entirety of the asphalt and designing a pervious parking area similar to
the parking at Breakwater Town Landing (Order of Conditions SE 9-1649), Mr. O'Reilly explained
that option was not considered at this time.
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The Conservation Administrator requested the applicant consider placing a boulder wall or other
barrier in the unintended vehicle area of the asphalt, to prevent vehicles from parking in that
location.
Summary of Public Comments i
The Conservation Administrator read a letter from Mary O'Neil*, Brewster citizen, requesting the
Commission delay its decision on the application until completion of recommendations from the
Brewster Coastal Advisory Group, of which she is a member, and in consideration of the citizens
of Brewster.
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Attending members of the public commented as shown below:
Citizen Chris Powicki stated the following:
• The MA Department of Conservation and Recreation issued a Construction Access
Permit the previous year for parking at this location. He requested information on whether
the project before the Commission at this time comports with that review and whether the
Conservation Commission has the permit on record. Also, he understood the project i
initiated a review by 21 state or other(unspecific) agencies. 1
Natural Resources Director Miller responded that citizens at Town Meeting (on
September 2) 2015 approved (funding, etc.,) creating beach parking on the
existing asphalt, former tennis court areas at this specific location and other
areas of this property. That approval was on a larger scale than the project at
hand; including parking areas north of the subject area. j
Mr. Miller informed Mr. Powicki that the construction access permit he referenced
is not under the purview of the Conservation Commission, which is wetland
protection. Patrick Ellis, Director, Department of Public Works, filed for that state
permit. It is his understanding that reviews by other officials are completed.
• Is the project within the area shown on the proposed revised Draft Priority Habitat Map of
Rare Species under MESA?
Mr. O'Reilly responded that the project is not located on the currently effective
MA Natural Heritage and Endangered Species Map*as an area of rare plant and I
wildlife habitat and rare wetlands wildlife.
Ms. Bramer added that she has not yet researched the proposed revised map
(which is not effective as of this filing).
Citizen John Lamb stated the following:
• For protection of wetland interests from vehicles from the parking lot, is a mechanism for
stormwater runoff included in the parking lot design?
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Mr. O'Reilly responded that best management engineering practices for parking
lots include creating a vegetated Swale to treat vehicle contaminates; in this case
the vegetation exists naturally to absorb and control total suspended solids and
hydrocarbon nutrients.
• If the (northerly, as shown on the plan*) "lower" tennis court will not be used for parking in
this proposal, can the Conservation Commission require the asphalt be removed and the
area planted as mitigation?
Mr. O'Reilly stated that he understands that area (outside of wetland jurisdictional
areas) to be a component of a future project for the Town of Brewster.
Hayley Winfield moved, William Klein seconded the motion to continue the hearing to April 18,
2017, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project. The Commission unanimously approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Rare Species,310 CMR 14.59 Natural Heritage and Endangered Species Map as Priority Habitat under
the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act
(WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
Brewster Crosti Parkin 179 Crosti
Lane Upper Tennis Court Area
2. J.M.O Refill ...Site Plan Town of r y g Y PP
Y
3116117 Narrative,Checklist for MA Stormwater Report
3. Photo,Aerial view
4. April 4,2017 letter from Patrick Ellis,Superintendent,Department of Public Works
5. Lettertmemo(undated)from Mary O'Neil
6. Draft Priority Habitat Map of Rare Species MESA M.G.L.c.131A
Commissioner Evans was recused from the following hearing:
(Continued Hearing) Ocean Edge Resort LTD Partnership requests to amend Order of
Conditions SE 9-1701 to apply beach nourishment on coastal resource areas and relocate
landward a sand drift fence and beach access ramp - off 2907 Main Street,Assessors Map
90, Parcel 150 and others (formerly 1411-49 and others)
Eligible voters: Klein, Smith,Tobin,Winfield Hearing opened March 7, 2017 (no testimony
taken), March 21 (testimony taken)
The Conservation Commission continued the hearing of March 21, 2017 to allow the
Conservation Administrator to draft special conditions for an Amended Order of Conditions.
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The applicant has not at this time responded to a written request for a statement as to
acceptance of said special conditions.
Following review of draft special conditions under the WPA and BWP By-law, Hayley Winfield
moved, Nicole Smith seconded the motion to close the hearing, approve the project with special
conditions as drafted, and issue an Amended Order of Conditions. The Commission unanimously
approved the motion. Eligible voters William Klein, Nicole Smith, Hayley Winfield, Michael
Tobin(4-0)
Commissioner Evans returned to the meeting table at this time.
Commissioner Smith was recused from the following hearing:
(Continued Hearing) New Venture Holdings proposes to construct an office building,
parking area and paved access drive, install underground utilities and create rain gardens
to accommodate stormwater runoff. Work will occur within 100 feet of inland wetlands.
Property is on 0 Underpass Road, Assessors' Map 78, Parcel 117 (formerly 151155).
Eligible voters: Evans, Klein,Tobin,Winfield Hearing opened March 7, 2017 (no testimony
taken), March 21 (testimony taken)
The Conservation Commission continued the hearing of March 21, 2017 to.allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions,
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David Lyttle, RLS, Ryder and Wilcox, Inc., submitted a statement in writing to the Commission
that as representative for the owner, he accepts the proposed findings and special conditions of
the Conservation Commission for this project under the WPA and BWP By-law.
Following review of findings and special conditions under the WPA and BWP By-law, Hayley
Winfield moved, Bruce Evans seconded the motion to close the hearing, approve the project with
findings and special conditions as drafted, and issue an Order of Conditions. The Commission
approved the motion. Eligible voters Bruce Evans, Hayley Winfield and Michael Tobin
voted in the affirmative. William Klein voted"no". (3-1)
Commissioner Smith returned to the meeting table at this time.
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Woodland Lakes Association, c/o Jane Remy, proposes to plant native woody vegetation
and construct temporary protective snow fencing at the Woodland Lakes Association
shorefront property on Sheep Pond. Property is on 0 Crowell's Bog Road, Assessors' Map
73, Parcel 6 (formerly 41110-22).
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.
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Summary of Applicant Testimony
Jason Ellis, LSIT, J. C. Ellis Design represented the applicant. Jane Remy, applicant, attended.
Mr. Ellis described the resource area and project as contained in the Notice of Intent, narrative,
variance request and plan*.
Jane Remy requested of the Commission that given eventual plant growth, the association be
allowed fewer plantings than shown on the proposed planting plan, should the plan show more
plants than are necessary to vegetate the area,
The Commission consensually agreed to this request.
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
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The Conservation Administrator read aloud a letter*from Brewster Heights Association relative to
plant placement.
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Commission discussion centered on fencing types, and the number of plantings needed to
accomplish the applicant's intended objective.
Summary of Public Comments
Christine Kehoe and Jane Greene, representing abutting property owned by Brewster Heights
Association, attended, requesting the fencing and plants be placed landward of the mean high
water level and that plants, when mature, not encroach onto the Brewster Heights property, as
discussed in the letter read by the Conservation Administrator,
Hayley Winfield moved, William Klein seconded the motion to continue the hearing to April 18,
2017, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project, as discussed. The Commission unanimously approved the
motion.
*List of documents submitted for the notice of Intent and discussed at this hearing:
1. Rare Species,390 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the
MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act(WPA)
regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
Brewster Conservation Commission Minutes April 4, 2017 4
2. Site Plan,Mitigation Detail,Ladue Land Surveying 0 Crowell's Bog Road—Beach 2114117, Variance
Request,J. C.Ellis Design...3117117
3. Letter,Brewster Heights...3/31117,accompanying photos
Evelyn B. Maguire Trust proposes a variance from the Brewster Wetlands Protection Bylaw,
to replace a failed cesspool likely sitting in the groundwater table,with a septic system
he MA Sanitary Code.The proposed upgrade is located in and within 50
meeting Title V of t pg
m g ry p p
feet of a coastal dune resource area; it is designed to serve the four bedroom capacity of the
existing dwelling. Property is on 254 Robbins Hill Road,Assessors' Map 38, Parcel 84
(formerly 2112).
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., represented the applicant. He described the
resource area and project as contained in the Notice of Intent, narrative, variance request and
plan*...
Summary of Staff Comments/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
The Commission consensually affirmed that the proposed upgrade will result in a significant
environmental improvement over the failed cesspool.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, Nicole Smith seconded the motion to continue the hearing to April 18,
2017, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project.The Commission unanimously approved the motion.
`List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan,J.M. O'Reilly,Site&Sewage Disposal System Design...254 Robbins Hill Road 3116117,Narrative,
Variance Request 3116117
2. Rare Species,310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the
MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act(WPA)
regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
Report of the Natural Resources Director
The Natural Resources Director reported on the following:
1. Town of Brewster Order of Conditions SE 9- 1639, 0 Ellis Landing Road, Assessors
Map 91, Lot 42 (formerly Map 7, Lot 16-1)
2. Town of Brewster Order of Conditions SE 9-1662, 0 Ellis Landing, 51 Captain
Dunbar Road, 91142, 91141 (formerly 7116-1, 7116
These drainage/ managed retreat and restoration projects are now underway. Ellis
Landing will be closed to public parking during part of the project.
Report of the Conservation Administrator
The Conservation Administrator reported on the following:
1. Site Meeting with MA DEP, Crosby Landing, 10:00 AM, Order of Conditions SE 9-
1725
2. Review for Comment, Draft Priority Habitat Map of rare species MESA M. G.
L.c.131A and its implementing regulations (321 CMR 10.12A)
Commissioners requested Ms. Bramer send them the link to this website via electronic
mail.
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3. Brewster's Vision: developing a plan for our Town—Lynn St. Cyr, Brewster
Planning Department/for Brewster Vision Advisory Group (BVAG)
Ms. Bramer read from the above referenced document.
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The Brewster Vision Advisory Group will hold workshops in the near future for members
of the community; specific times will be announced.
4. Scherzo, Winslow Landing Order of Conditions SE 9-1620, 0, 12 & 22 Ring Rock
Road,Assessors' Map 91, Parcels 2,3 &4(formerly Map 7, Parcels 1,3&5)
Judy Scherzo, applicantlowner attended. She requested clarification on the following with
respect to Order of Conditions SE 9-1620. The Commission answered her questions, as
detailed below:
• Annual nourishment of 43 cubic yards, shall be placed on the site in the fall of
2017, etc., as detailed in Order of Conditions SE 9-1620 (see conditions below).
A2T As ongoing mitigation upon construction of Phase One, the approximately
85 foot section of revetment fronting 22 Ring Rock Road, annual beach
nourishment shall be required. Annual volume of beach nourishment shall be at
least 43 cubic yards of clean sand per year. Required beach nourishment shall
be completed by April 15, annually. Beach Nourishment shall be performed in
accordance with the conditions below.
A28. As ongoing mitigation upon construction of Phase Two, the approximately
10 foot section of ramp on the eastern side of the project area, annual beach
nourishment shall be required. Annual volume of beach nourishment shall be at
least 5 cubic yards of clean sand per year. Required beach nourishment shall be
completed by April 15, annually. Beach Nourishment shall be performed in
accordance with the conditions below.
Should the site not require annual nourishment in a calendar year, town officials
will help the applicant determine an appropriate coastal town landing for
nourishment, during a time at or near the fall nourishment, based on coastal
events for that particular year(see condition below).
A30. After consultation with the Conservation Commission andlor Conservation
Administrator, the Department of Natural Resources, and the Department of
Public Works, if the volume of beach sediment at the project location is sufficient,
the location of the annual nourishment may be designated to a Town Landing.
5. 2017 letter from 74 MA Conservation Commissions: For protection of the natural
environment, Conservation Commissions Request Governor Charles Baker end his j
support for proposed interstate gas pipelines, as they impede the state's
greenhouse gas reduction goals in the MA Global Warming Solutions Act.
Conservation Commissions believe this is an important next step after Executive
Order 569: Establishing an Integrated Climate Change Strategy for the
Commonwealth.
Chairman Tobin requested staff again send the letter to the Commission by electronic
mail, after which the Commission will reach a decision on this issue.
6. Kate's Seafood, 284 Paine's Creek Road, 37159 (formerly 19119-2), alteration within
50 feet of wetland resource areas; unauthorized repaved parking area and creation
of a direct runoff discharge into a Bordering Vegetated Wetland
Conservation Administrator Bramer stated that discussion has occurred recently,
regarding parking lot drainage at the above commercial site, due to the recent strong
rains.
Brewster Conservation Commission Minutes April 4, 2017 6
Ms. Bramer believed the MA Department of Transportation, which has completed
drainage work along Route 6A of late, largely improved drainage from the parking lot. It
was Ms, Bramer's opinion that parking got discharge is essentially resolved and the
affected Bordering Vegetated Wetland is in fine condition.
In answer as to whether the Commission believes the owner must file an after-the-fact
filing to close the enforcement order, Chairman Tobin responded that he believes the
violation is resolved.
Vice Chairman Winfield commented that the property owner is responsible for several
past wetland violations, and Brewster has vigilant citizens watching over these areas,
which she believed is commendable. j
Citizens' Forum
Citizen Chris Powicki remarked that the number of the coastal projects in Brewster, including
construction of coastal engineering structures and application of sand to the beaches, has
increased to the point that most of the coastal private properties are managed in these ways. He
requested whether the Conservation Commission considers the cumulative effect of these
projects on Brewster`s coastal system, and whether staff consults with MA Coastal Zone
Management for expert advice in this endeavor.
Mr. Powicki requested the Commission address his questions at some point in the near future.
Review of Pian Change
Order of Conditions SE 9-1680, 41 Saint's Landing, Assessors' Map 50, Parcel 3 (formerly
Map 3, Parcel 1-5), construction of coir envelopes and sand drift fence in coastal resource
areas - request as to whether extending coastal stairs to accommodate coastal change shall
constitute a minor change to plan.
Brett Sesnewicz, Baron Home Improvements, attended. He explained the requested changes as
contained in a letter dated March 16, 2017.
Ms. Bramer clarified that this request is the result of a change in the coir envelopes which the
Conservation Commission approved through the Amended Order of Conditions process.
The Commission ultimately agreed that the following change can be considered minor, and thus
not require an Amended Order of Conditions or new Notice of Intent filing:
1. The proposed six foot long, three foot wide stair extension seaward will be allowed,
contingent on the following specifications:
• The stairway shall be composed of untreated, unpainted wood or"ACQ" chemically
treated wood.
• One (1) maximum two foot wide seating area (beyond the three-foot wide stairway)
will be allowed.
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Request for Certificate of Compliance
1. Robert M. Perry, Order of Conditions SE 9-1122, 65 Darvon Road, 53122 (35!78)
Mr. Chris Dias, owner of the property, attended.
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The Conservation Administrator read a March 30, 2017 letter from Robert M. Perry, PE,
accompanying the above referenced request, with respect to site conditions.
She further informed the Commission of a small shed on the property which was not part
of the plan in the Notice of Intent. Mr. Dias confirmed that he constructed the shed in or
around 1997.
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Following the recommendation of the Conservation Administrator that the project
otherwise complies with the Order of Conditions, Hayley Winfield moved, William Klein
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seconded the motion to approve a Certificate of Compliance under the MA ACT and
BWP Bylaw, The Conservation Commission unanimously approved the motion.
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The Conservation Administrator shall inform any future owners of their responsibilities
under wetland laws.
Requests for Administrative Review
1. 0 Point of Rocks Landing, 79124(6/7-1) - placement of a sanitary facility enclosure
and relocating an existing regulatory sign on parking lot.
Natural Resources Director Chris Miller represented the project.
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.
Hayley Winfield moved, Bruce Evans seconded the motion to ratify the Conservation
Administrator's decision on the project. The Commission unanimously approved the i
motion.
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2. Eversource Energy, powerline maintenance
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.
Following discussion on clarification that the cutting is proposed to be minimal and in only
two areas in Brewster under powerlines along roads, Hayley Winfield moved, William
Klein seconded the motion to ratify the Conservation Administrator's decision on the
project. The Commission unanimously approved the motion.
Review and Approval of Minutes
1. March 21, 2017
Having reviewed the above referenced minutes, Hayley Winfield moved, Nicole Smith
seconded the motion to approve them as written. The Commission unanimously j
approved the motion.
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Any Topics not reasonably anticipated by the Conservation Commission Chairman
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Document signatures
At 8.20 PM, Hayley Winfield moved, Nicole Smith seconded the motion to adjourn the meeting.
The Commission unanimously approved the motion.
The meeting adjourned at 8:20 PM.
Carol Spade
*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. j
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Among the list of documents*for this meeting is the following:
Brewster Conservation Commission Minutes April 4, 2017 8
1. Conservation Commission Approved Planting Lista Cape Cod Cooperative Extension Service
(www.capocodextension.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 Massachusetts 111/05 i
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website htip:Utown.brewsterma.us
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