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CONSERVATION COMMISSION OF FALMOUTH v. PACHECO

No. 98-P-777.

49 Mass. App. Ct. 737 (2000)

CONSERVATION COMMISSION OF FALMOUTH v. ROBERT B. PACHECO.

Court of Appeals of Massachusetts, Barnstable.

July 27, 2000.

Attorney(s) appearing for the Case

Robert B. Fredericks for the defendant.

Edward J. Dewitt (Frank K. Duffy, Jr., Town Counsel, with him) for the plaintiff.

Present: LAURENCE, SMITH, & GILLERMAN, JJ.

LAURENCE, J.

For almost a decade the appellant, Robert B. Pacheco, has resisted the Falmouth conservation commission's attempt to compel him to rectify what the commission deemed his unauthorized 1990 filling of a "wet spot" on his land lying within the buffer zone to a wetland, in asserted violation of the State Wetlands Protection Act (G. L. c. 131, § 40) and the wetland protection by-law of the town of Falmouth.1 Despite

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