Cutting a tree might appear harmless enough, but when the tree lives within the boundaries of land protected under the Wetlands Protection Act or the Rivers Protection Act, you need permission before proceeding.
The Rochester Conservation Commission on January 6 approved the cutting of trees within the wetlands 100-foot buffer zone for two property owners – one before, and one after-the-fact.
First, Isaac Perry, on behalf of his wife Karen Perry, received a negative determination – the work being done will not have an impact on the resource area, thus a Notice of Intent is not required – to remove two trees from within the 100-foot BZ located at their 197 Neck Road property.
Perry said one of the trees was leaning at a 45-degree angle and the other tree was already on the ground, having fallen on its own. All he requested was permission to remove the trees, leaving the stump with no excavation work required.
The approval was swift, with no questions from the commission.
“You’re all set, sir,” several commission members told Perry in unison.
Next, Michael Delk of 76 Ryder Road opened with an apology for having removed six trees within the 100-foot BZ, and applied for an additional six trees to be removed.
“Forgive us,” said Delk. “We weren’t aware of the rules, and now I am.”
Delk said the need to cut down the towering pines that lean toward the house stems from the imminent danger the trees pose to the dwelling. When asked, Delk told the commission that no heavy equipment or excavation is required for the work, and one shed will be permanently moved to another location on the property before cutting one tree down.
Commission member Christopher York asked Delk if any of the trees are located within the 25-foot No Touch Zone of the river on the property, and the commission determined that one of the trees is. York said he would prefer to leave the tree be, but Delk said the tree already has one large limb dangling toward the ground that could fall at any time, posing a risk to the children that play on his property.
“They love playing in the creek area over there,” said Delk. “They’re nine, seven, and five [years-old] and they’re always playing ‘pirates’ or something over there.”
The commission granted Delk a negative determination for the work and adjourned the meeting in less than 15 minutes.
The next meeting of the Rochester Conservation Commission is scheduled for January 20 at 7:00 pm at the Rochester Town Hall; however, the Conservation Department has received no new filings, and the deadline to file is the next day. If there are no items on the agenda, the meeting could be canceled.
By Jean Perry
