Town orders developer to replace felled trees

A developer accused of chopping down at least 23 trees without permission from the town will be required to replace all of them with other mature trees, Wayland officials said.

The town attorney last week was preparing a notice to Michael Intoccia, developer of the Wayland Commons affordable housing project, alerting him that his alleged removal of the trees last month violated an agreement with the town, in one instance, and state law in another.

Under the project's comprehensive permit, 10 of the trees that were felled were supposed to be left on the Wayland Commons property as a buffer between the new town houses and Route 27.

The other 13 trees were chopped down in a town right-of-way, which town officials say is against state law.

``It kills you to see it," said Park and Recreation Director Nancy McShea .

``Trees are very near and dear to everyone's heart here in Wayland. The magnitude of this violation is blowing everyone away," she said.

The tree chopping came to the attention of town officials when Martha Harris, who lives on Route 27 across from the property, noticed early Aug. 9 that a large number of trees she expected to stay were being cut down.

She urged the contractor to spare a huge elm she particularly admired while she tried to reach town officials.

By the time police, highway, and park and recreation department officials arrived, only the majestic elm remained.

``I look at it and I am grateful that it is still standing," she said.

Daniel Bennett, the town's building commissioner and zoning enforcement officer, said he walked the property with representatives of Intoccia Construction Co. later that day to get a feel for how many trees had been taken down.

``It was clear that trees that were slated to remain were removed," said Bennett.

He said neither the contractor nor representatives of Intoccia Construction have provided an explanation about why the trees were removed, and he noted that it was an unusual violation.

Michael Intoccia, the company president, did not return calls for comment. His attorney, Robert Shelmerdine, also did not return calls.

McShea said trees in the town right-of-way fall under the jurisdiction of the Park and Recreation Commission, which acts as the town's tree warden. To remove a tree in the right-of-way, the commission is required by the state to provide notice to residents, hold a public hearing, and then take a vote.

The commission will discuss at its Sept. 11 meeting how it wants to deal with the alleged violation. The town can require the developer to replace the trees with ones of the same age, level civil fines for three times the damage incurred, or even pursue criminal charges, McShea said.

Criminal charges are unlikely, she said, but she did not rule out a fine.

McShea estimates that replacing the 13 trees on town property will cost as much as $100,000, but she is awaiting official figures from tree companies. Some of the felled trees were large and well developed, she said, and replacing them will require hiring a specialty company to plant other mature ones.

Harris, the neighbor, said she hopes that construction at the development will not be allowed to start until all 23 trees are replaced.

Selectm e n have considered ordering Intoccia to halt construction, but decided against taking that tack at a recent meeting.

Selectman Michael Tichnor said his board was puzzled by the tree cutting. ``There's absolutely no excuse for it happening, but the situation has to be remedied."