HomeMy Public PortalAboutConservation Commission -- 2018-06-19 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) f 310 CMR 10 . 00 Regulations +
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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 convened the Tuesday ,
June 19 , 2018 meeting of the Brewster Conservation Commission at 6 : 00 PM at the Brewster
Town Offices , 2198 Main Street, Brewster, MA.
Present
Chairman Michael Tobin , Vice Chairman Hayley Winfield (participated remotely for a portion of
the meeting *) , Commissioners Bruce Evans , William Klein , Nicole Smith , Conservation
Administrator Noelle Bramer, Natural Resources Director Chris Miller
Not Present
Commissioners Peter Wells , Vice Chairman Hayley Winfield (see above * Hayley Winfield left the
meeting at 6: 20 PM) , Department Assistant Carol Spade
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 . "
Mr. Tobin announced that Commissioner Hayley Winfield is unable to attend the
meeting due to geographic distance , and will participate at this meeting remotely ,
for reason 940 CMR 29 . 10 (5 ) under MA General Law and Policy Number 45 of the
Town of Brewster.
Town of Brewster Open Space Committee
1 . Long Pond Woodlands Conservation Area , 0 Long Pond Road , Assessors ' Map 84 ,
Parcels 22 , 53 , portion of 54 (41136 , 198 , etc . ) - Vote to grant approval from
Conservation Commission for submittal of Massachusetts LAND Grant
Application ,
2 . Signature of Application
3 . Signature of Cover Letter
Having reviewed the above , the Commission voted by roll call to sign , submit and grant
approval for the Massachusetts LAND Grant Application ( Klein /Evans ) . Bruce
Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye" , Michael Tobin , "Aye" , Hayley
Winfield , "Aye" .
Public Hearings
Commissioner Evans was recused from the following hearing :
( Continued Hearing ) Kyle Peigh , Ocean Edge Resort and Golf Club , requests a variance
from the Brewster Wetlands Protection Bylaw for pruning and planting native vegetation
within 50 feet of inland wetlands . Property is on 2907 Main Street , 89/1 (27/39 ) .
Brewster Conservation Commission Minutes June 19 , 2018 1
Eligible voters : Tobin , Klein , Smith , Winfield Hearing opened March 20 , 2018 , testimony
taken , continued to April 3 , testimony taken , May 1 , no testimony , May 15 , no testimony ,
June 5 , no testimony .
On April 3 , 3018 , the Commission continued the hearing to allow the Conservation Administrator
to draft findings and special conditions for an Order of Conditions for the project, which shall
include all the conditions of the Natural Heritage and Endangered Species Program .
Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP
By- law, Nicole Smith moved , William Klein seconded the motion to close the hearing , approve the
project with findings and special conditions as amended , and issue an Order of Conditions . William
Klein , "Aye Nicole Smith "Aye" , Hayley Winfield , "Aye " , Michael Tobin , "Aye" . Approved
Unanimously by eligible voters .
Bruce Evans returned to the meeting table at this time .
( Continued Hearing ) Town of Brewster Department of Natural Resources proposes a
variance from the Brewster Wetlands Protection Bylaw to construct an elevated walkway
over a salt marsh adjacent to Paine's Creek Beach/Landing , plant marsh grass within
previously disturbed areas , and install a shed and handicapped assessable beach ramp
seasonally, in and within 50 feet of coastal wetlands . Property is off Paine ' s Creek Road ,
38/28 (2/1 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
In accordance with Chapter 79 of the Acts of 2006 , " An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the hearing of June 5 , 2018 , to allow the Conservation
Administrator to draft findings and special conditions for an Order of Conditions for the project.
Summary of Applicant Testimony
Chris Miller, Director, Natural Resources , Town of Brewster, represented the applicant.
Summary of Public Comments
Ms . Bramer read communication * from citizen , Chris Powicki , regarding suggestions for elements
of this and a previously approved project in the subject area .
Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP
By- law, Nicole Smith moved , William Klein seconded the motion to close the hearing , approve the
project with findings and special conditions as drafted for the Commission , and issue an Order of
Conditions . Bruce Evans , " Aye" , William Klein , "Aye" , Nicole Smith "Aye" , Hayley Winfield , "Aye" .
Approved Unanimously .
* List of documents submitted and discussed at this hearing :
1 . Electronic communication from Chris Powicki to Noelle Bramer, etc . , ending June
19 , 2018
( Continued Hearing ) Scott and Kathleen McQueen , propose a variance from the Brewster
Wetlands Protection Bylaw to apply sand to nourish coastal resource areas , and plant native
vegetation on same . Property is on 71 Carver Road , 50/44 (3/21 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
Brewster Conservation Commission Minutes June 19 , 2018 2
In accordance with Chapter 79 of the Acts of 2006 , " An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP
By- law, Nicole Smith moved , William Klein seconded the motion to close the hearing , approve the
project with findings and special conditions as drafted , and issue an Order of Conditions . Bruce
Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye" , Hayley Winfield , "Aye" . Approved
Unanimously .
(Continued Hearing ) Paul Barth and Katherine Knight, propose a variance from the
Brewster Wetlands Protection Bylaw to apply sand to nourish coastal resource areas , remove
invasive plant species and replace with native vegetation , and to remove and rebuild a beach
access stairway on same. Property is on 39 Carver Road , 50/41 (3/19 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project .
Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP
By- law, Nicole Smith 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 . Bruce
Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye" , Hayley Winfield , "Aye" . Approved
Unanimously .
( Continued Hearing ) Michael Jardus proposes to remove existing cesspools and construct
a Title 5 sewage disposal system to serve an existing dwelling within 55 feet of inland
wetlands . Property is on 67 Taylor Lane , 78/88 ( 27/3 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
Brewster Conservation Commission Minutes June 19 , 2018 3
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow a
response from the MA Division of Fisheries and Wildlife , MA Natural Heritage and Endangered
Species Program as to the project' s occurrence in and potential effect on . . , endangered species ,
and for the Conservation Administrator to draft findings and special conditions for an Order of
Conditions .
Having received a response of negative impacts protected under the MA Natural Heritage and
Endangered Species Program and reviewed findings under the WPA and BWP By- law and
special conditions under the BWP By- law, Bruce Evans moved , Nicole Smith seconded the
motion to close the hearing , approve the project with findings and special conditions as drafted , and
issue an Order of Conditions . Bruce Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye" ,
Hayley Winfield , "Aye" . Approved Unanimously .
( Continued Hearing ) Mira Homes , LIC , proposes to raze a primary residence retaining the
existing foundation , and reconstruct (an addition ) onto the original foundation - within 100
feet of coastal wetlands . Property is on 419 Main Street, 16/10 ( 22/19 -1 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 ,
testimony taken .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow
a response from the MA Natural Heritage and Endangered Species Program as to the project' s
occurrence in and potential effect on . . . endangered species , and for the Conservation
Administrator to draft findings and special conditions for an Order of Conditions for the project.
Summary of Applicant Testimony
Asa J . Mintz , PE , AJM Site Design , LLC , represented the applicant. He explained that he re-
located a mitigation planting area outside of threatened salt marsh protected as priority habitat
under the Natural Heritage and Endangered species Program ( NHESP ) . The project is now
completely outside of NHESP jurisdiction .
Further discussion centered on large boulders proposed to permanently delineate the 50 foot
buffer zone , beyond which native grasses may be mowed no more than once annually , specifics
of which shall be contained in special conditions under the BWP By- law.
Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP
By- law, Nicole Smith moved , Bruce Evans seconded the motion to close the hearing , approve the
project with findings and special conditions amended as discussed , and issue an Order of
Conditions . Bruce Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye" , Hayley Winfield , "Aye" .
Approved Unanimously .
( Continued Hearing ) Carol and Harold Salo propose a variance from the Brewster Wetlands
Protection Bylaw to nourish a coastal beach along the toe of a coastal dune/other resource
areas . Property is on 240 Robbins Hill Road , 38/86 (2/15 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
Brewster Conservation Commission Minutes June 19 , 2018 4
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
Having reviewed findings under the WPA and BWP By- law and special conditions under the BWP
By- law, William Klein 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 . Bruce
Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye " , Hayley Winfield , "Aye " . Approved
Unanimously.
(Continued Hearing ) Paul E . Young proposes a variance from the Brewster Wetlands
Protection Bylaw to nourish a coastal beach at the toe of a coastal dune/other resource
areas . Property is on 244 Robbins Hill Road , 38/85 (2/14) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards " which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
Having reviewed findings under the WPA and BWP By- law and special conditions under the BWP
By- law, William Klein moved , Bruce Nicole Smith seconded the motion to close the hearing ,
approve the project with findings and special conditions as drafted , and issue an Order of Conditions ,
Bruce Evans , "Aye William Klein , "Aye" , Nicole Smith "Aye" , Hayley Winfield , "Aye" . Approved
Unanimously .
( Continued Hearing ) Richard and Jane Norberg proposes a variance from the Brewster
Wetlands Protection Bylaw to remove and replace an existing stairway on a coastal resource
area, place 150+ cubic yards of sand fill on a coastal beach at the toe of coastal resource
area, and plant beach grass on resource areas . Property is on 76 Governor Prence Road ,
58/25 (4/7 ) .
Eligible voters : Evans , Klein , Smith , Winfield Hearing opened June 5 , 2018 , testimony
taken .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Chairman Tobin certified in writing that he thoroughly examined all evidence
received at the public hearing of June 5 , 2018 , the only previous testimonial hearing he
did not attend . Examination of evidence included visiting the site , reviewing all evidence
received and the video recording and/or transcript of the hearing , prior to the proceeding
hearing .
The Conservation Commission continued the June 5 , 2018 hearing to this date to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
Brewster Conservation Commission Minutes June 19 , 2018 5
Having reviewed findings under the WPA and BWP By- law and special conditions under the BWP
By-law, Nicole Smith 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 . Bruce
Evans , "Aye" , William Klein , "Aye" , Nicole Smith "Aye" , Hayley Winfield , "Aye" . Approved
Unanimously .
Hayley Winfield left the meeting at this time ( 6 : 20 PM ) .
Molly Travers , AmeriCorps Regional Conservation Coordinator for the Southeastern
Massachusetts Pine Barrens Alliance (SEMPBA) Training sessions on Natural
Communities Identification for local conservation and planning groups . The Natural
Heritage and Endangered Species Program ( NHESP ) has identified over 40 natural
communities within the globally rare ecoregion of Southeastern Massachusetts . Each of
these habitats supports a number of rare animal and plant species , some of which occur
only in the Southeastern Massachusetts Pine Barrens .
Molly Travers attended . She explained her position as coordinator for the Southeastern MA Pine
Barrens Alliance ( SEMPBA ) , located in Plymouth , MA. At this time , Ms . Travers distributed to
Commissioners , A Guide to the Natural Communities of Massachusetts, 2018, published by the
NHESP .
Drawing from a visual presentation and the publication , Ms . Travers explained that natural
communities occur in specific physical areas which contain distinct groupings of plant species
that occur together in recurring patterns , and have definite plant species composition and
consistent physical structure .
Ms . Travers reviewed the types of natural communities in Southeast Massachusetts as identified
by NHESP .
Terrestrial Communities ; not significantly influenced by standing or moving water —
upland' communities .
Palustrine Communities ; freshwater, non -tidal wetlands dominated by trees , shrubs ,
mosses and lichens .
Estuarine Communities ; marine , subject to varying salinity , tidal actions , and wind .
In answer to Commission questions , Ms . Travers explained that a dominant plant type
encompasses approximately 50 % of the natural community , with the remaining related plant
species as contained in this guide .
The Conservation Administrator explained that natural communities of high environmental value
are an important basis for organizations to determine whether to purchase the areas for
conservation purposes .
Ms . Travers stated that not all natural communities are high functioning with respect to pristine
species . The function rank of a natural community may be high , declining or poor due to human
or other alterations of the species .
Ms . Travers then explained for the Commissioners the way to use the guide .
Public Hearing (continued )
( Continued Hearing ) David Lapidus proposes a variance from the Brewster Wetlands
Protection Bylaw to remove and reconstruct a single family dwelling within 50 feet of coastal
wetlands . Property is on 115 The Tides Court, 58/44 (4/56 ) .
Eligible voters : All . Hearing opened June 5 , 2018 , no testimony .
i
Brewster Conservation Commission Minutes June 19 , 2018 6
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 , J . M . O ' Reilly , Inc. , represented the applicant. David Lapidus and builder, Justin
Blair, attended . Mr. O ' Reilly thoroughly described the numerous coastal resource areas including
coastal dune , coastal bank , coastal beach , 100 year flood boundary , velocity zone VE , and the
project - complete demolition and reconstruction of a dwelling and septic system within 50 feet of
resource areas , as contained in the Notice of Intent , narrative , variance request , detailed report
from coastal specialist James O ' Connell * , whom he hired for his expertise due to the complexity
of the coastal area , and plan * . Mr. O ' Reilly stressed that the project shifts the dwelling landward
to the extent that it removes the dwelling from the velocity zone . It is within 50 feet of the coastal
resource areas . He stated that in response to a request from the Conservation Administrator, he
measured the amount of vegetation removal at an estimate of 2 , 000 square feet , with a replanting
area of 1 , 200 square feet .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan * .
Discussion first centered on the coastal resource areas and velocity zone , and changes in
definition , etc . by the state since 1991 .
The Commission confirmed that the proposed deck and porch area shall be constructed on open
piers , and further discussed the proposed vegetation removal and mitigation .
The Conservation Administrator/ Natural Resources Director/Commission requested that an
existing sand drift fence be shown on a revised plan as a component of the project, as the
Commission has no evidence it and other activities were approved legally ; also that the " Private
Beach " sign be shown in a legally designated area on the lot, and that the proposed
reconstructed dwelling and septic system , and all trees proposed to be removed be staked on
site .
Summary of Public Comments
The public had no comment.
Evans moved , Smith seconded the motion to continue the hearing to July 10 , 2018 , to allow all
the items requested . AU
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . . . . Proposed Site Plan for New Dwelling 115 Tides Court, Existing Conditions Plan, J . M . O' Reilly . . . ,
5/8/18 , 5/9/18, Narrative, Variance Request
Citizens ' Forum
The public had no comment at this time .
Report of the Natural Resources Director NR
The NR reported that the department has been very busy with tasks on the bay and Brewster' s
ponds and in protected open space areas , and has been replacing interpretive and other signs at
all of the beach areas . Brewster Conservation Day , organized by Assistant Natural Resources
Director Ryan Burch and the Brewster Conservation Trust, is scheduled for July 14 at the
Drummer Boy Park .
Report of the Conservation Administrator CA
1 . Public Lands Preservation Act ( PLPA)
The CA reported that Phil Saunders , an advocate for the PLPA , again contacted the
Conservation Department, urging the Conservation Commission to contact its
Brewster Conservation Commission Minutes June 19 , 2018 7
representing state senator regarding the Public Lands Preservation Act ( PLPA) , stating
that it endorsed the Public Lands Preservation Act ( PLPA , S . 218 ; A . K. A. No Net Loss
Bill ) . Ms . Bramer then read information relative to that from a PLPA fact sheet.
She stated she would like to write another* letter of support since the bill is proposed to
be debated by the State Senate on Thursday , July 12 , 2018 . AU .
* Document Discussed
1 . December 20 , 2017 letter to MA Senator Julian Cyr from Chairman Michael
Tobin
Review of Plan Change
1 . Order of Conditions SE 9 - 1726 , ( beach nourishment , etc . ) request as to whether
shifting coastal stairway six feet west of original shall constitute a minor change to
plan - on 336 Robbins Hill Road , 38/77 (2/3 )
The Conservation Commission recommended the above plan change be considered
minor, and thus approved . Evans/Klein AU . The plan shall be designated as such by the
Conservation Administrator.
Requests for Extensions to Orders of Condition
1 . Town of Brewster, Paine 's Creek Beach , Order of Conditions SE 9 - 1671 , 0 Paine 's
Creek Road , 38/10 , 28 ( 1 /6 ; 2/1 )
2 . Town of Brewster, Saints Landing , Order of Conditions SE 9 - 1668 , 0 Saints Landing ,
50/4 (3/2 )
3 . Town of Brewster, Little Breakwater, Order of Conditions SE 9 - 1667 , Breakwater
Road , 58/31 (4/55-1 )
4. Town of Brewster, Point of Rocks Landing , Order of Conditions SE 9- 1666 , Point of
Rocks Road , 79/24 (6/7-1 )
5 . Town of Brewster, Order of Conditions SE 946621 0 Ellis Landing Road , 51 Captain
Dunbar Road , 91 /41 , 42 (7/16 , 16 -1 )
6 . Town of Brewster, Spruce Hill , Order of Conditions SE 9 - 1669 , 3171 Main Street,
102/17 (8/9)
7 . Town of Brewster, Crosby Landing , Order of Conditions SE 9 = 1670 , 0 Crosby Lane ,
115/8 (9/16-1 )
Following the recommendation of the Conservation Administrator, Smith/ Klein
recommended approval of the above referenced requests for extensions under the MA
ACT and BWP Bylaw, for one year. AU
Request for Certificate of Compliance
1 . Robert & Suzanne Young , 91 Cedar Hill Road ; Order of Conditions SE 9-1646 , 38/26
(2/36)
The Conservation Administrator recommended that the project complies with the Order of
Conditions . Evans/ Klein AU
Review and Approval of Minutes
1 . June 5 , 2018 Executive Session
2 . June 5 , 2018 Regular Session
Postponed .
Any Topics not reasonably anticipated by the Conservation Commission Chairman
No topics discussed .
Adjourned at 7 : 00 PM .
Carol Spade
** At the recommendation of Conservation Administrator Bramer,
( Commissioner) Moved , ( Commissioner) Seconded . Denied = D Approved =
A Approved Unanimously = AU .
Brewster Conservation Commission Minutes June 19 , 2018 8
*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 coastalli'nland
wetland buffer zones depicting the species, size and natural spacing of plants
2. Massachusetts Department of Agricultural Resources . . . lnvasive Plants in
Massachusetts 911105
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http.11town. brewster. ma. us
Brewster Conservation Commission Minutes June 19 , 2018 9