2022-09-15-TREE-rpt2 - Laserfiche WebLink

Browse Search

Hi Dave, Again, thanks for the quick action at Welch Rd. It was a good example of a situation in which we could work together and put an issue behind us. But when it rains it pours (and here I don't mean the rain of a few days ago). What's disconcerting is that situations like these are not ones we look for -- they keep coming to us. As indicated in the email below, Andrew Terborgh a resident near 2 Wheeler Rd has been in touch with Chris about that site. While the builder has indicated he will wait a year before submitting a demolition request there are a number of issues concerning this site. As you've requested, I'm communicating with you now, as opposed to including it later in a future Tree Committee report. First a few facts: The builder applied for a tree permit on March 24, 2022. The original submission indicated that 1 tree with a DBH of 3" was to be removed. On OpenGov, Chris indicated the Tree Review and Tree Inspection completed on March 31 and granted the permit on that date. The builder asked that the Tree Removal Permit be canceled on September 1. The attached plot plan submitted shows only 3 trees on the property. Now there are in fact many stumps on the property reflecting the many trees that were present. (A visit to this site would be useful just to see the devastation and why neighbors are so concerned). This raises the following issues: Will the one year period be from the date of the cutting of the trees in the last few days (not the date of the now-cancelled Tree Permit? In case the developer does not wait out the year before applying for a demolition permit, has Chris measured the stumps in the setback? Did Chris visit the site before granting the permit? If so, he would have seen the many trees present that were not shown on the plot plan. It is very concerning that the plot plan, created by a registered surveyor and submitted by the applicant, is grossly in error. Key to enforcing the bylaw is a valid plot plan. Can action be taken against the surveyor -- e.g. raising this issue to the appropriate certification authority? The developer for this lot is James Barr (Westview Realty). In the last report from the Tree Committee we documented the many sites at which he has submitted false information. When we discussed this with you in May, you indicated that providing false information at building sites was not just an issue from the standpoint of tree removals but more generally with other types of permits and had been raised by the Town Manager. You indicated that Town Counsel was looking into what can be done about this. Can you provide an update, relative to collecting permit and mitigation fees after the fact and action that could be taken against builders for false submissions and/or possible fraud? Because of the serious nature of these issues and the fact that you've related that the Town Manager is concerned more generally about some of these issues, I'm also copying him on this. Best regards, Gerry Gmail - 2 Wheeler Road https://mail.google.com/mail/u/0/?ik=4888d66222&view=pt&search=a... 2 of 3 9/8/2022, 2:52 PM