Summary: Municipal Conservation Commission refused to approve construction of home and related improvements within 100' wetland buffer zone, under both the State Wetlands Protection Act and the Ipswich Wetlands By-Law. Land owner appealed and obtained approval under the State Act from the MA DEP. The Superior Court then ruled that the Town's By-Law was not more stringent than the State Act and entered judgment that the By-law was not enforceable.
Conclusion:
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