Tree cutting called threat to species

Advocates point to river; developer cites state OK

Elise Brink of the Neponset River Watershed Association says landscaping by a developer across from Dorchester Lower Mills took away shade that smelt in the river rely on for spawning. (Bill Brett/Globe Correspondent)

Little fish are causing a big headache in Milton.

Environmentalists said landscaping work by the developer of the Residences at Milton Village along the Neponset River across from Dorchester Lower Mills disturbed a spawning habitat used by rainbow smelt, whose numbers have been declining in Massachusetts.

Elise Brink, a vice president with the Neponset River Watershed Association, said landscaping in two places along the riverbank cut down trees vital for shade, which the smelt need for spawning. The work violated orders of condition put in place by the Conservation Commission and the developer needs to replace the tall trees with similar-sized ones, she said. In her opinion, the town has not been very responsive to the problem.

No one cares about the smelt, said Brink. "I guess they're not that lovable." She suggested that some of the trees in a front area might have been cut down to improve the views from the deck of the development's planned restaurant.

Stephen P. Foley, the developer and president of STF Enterprises Inc. of Brockton, readily admitted that too much vegetation was cut down in the rear of the development, but said the cutting in front was allowed under plans reviewed by the state and town.

The town was notified immediately after the cuts in back, he said, and he met with state officials to come up with a plan to fix the problem.

"We went to a meeting and said how do we go about rectifying this," said Foley. "The mitigation plan wasn't our design." It was the state's creation.

However, he said plans in the front of the development allowed for the cutting of invasive, or nonnative species, and that was what were taken out.

The situation has already led to two meetings and a site walk with the Conservation Commission. A third meeting is planned for Sept. 9. Attending will be state environmental officials, who are experts on smelt and rivers, to discuss efforts to fix the problem, such as planting new trees and other vegetation.

Rainbow smelt are a species of special concern, which means the federal government has concerns about their status, but not enough is known to list the fish under the Endangered Species Act. Their population has dropped in Massachusetts Bay over the past 15 to 20 years.

The slender fish, which range from about 6 to 8 inches in length, live in the ocean and migrate to fresh water to spawn. They need shade to spawn, and the site near the Adams Street bridge is one of the main spawning grounds on the Neponset River.

The development at 2 Adams St. is a combination condominium and commercial complex. It will include three buildings, one new and two historic.

Renovations on the two older buildings are expected to be finished by December. Construction has not started on the new building yet, although a building permit is close. Construction should take slightly more than a year once work starts. The development will include 21 condos, a 132-seat restaurant with an outside deck and a view of the river, and two retail units.

Problems began in June when a worker cleared vegetation from the areas in front of and behind the development.

The subcontractor went too far, everyone agreed. The next day the developer called the town and promised to do what was necessary to fix the problem at the rear of the development, said Bill Clark, Milton's town planner and a former member of the Conservation Commission.

However, the cuts made near the front of the development were allowed under the orders of conditions laid out for the developer, said Clark. The developer was allowed to cut down invasive species, such as sumac trees, which were growing there. The vegetation also threatened the integrity of a tall stone wall, which runs along the riverbank and borders the entrance to the development and parking lot.

Clark said the wall provides more shade for the smelt than the trees and plants in the spring when spawning takes place.

The purpose of the next Conservation Commission meeting is to try to figure out a plan to restore the shade and determine what is in the best long-term interest of the property, said John McGrath, a board member.

Judith Darrell-Kemp, another member, agreed. "I think it was a legitimate mistake," she said, adding that the developer seems to be trying to figure out the best way to fix the problem.

That does little to mollify environmentalists, who say it was just as wrong to cut down the trees in front.

"The developer should absolutely have known better," said Patrick Paquette, who is a member of the Lower Neponset Community Advisory Committee and is in charge of government affairs for the Massachusetts Striped Bass Association. "Anything less than extreme mitigation is not acceptable."

The river has been abused for years, he said. While problems like this would not be tolerated along the Charles River, he said, they are allowed to continue along the Neponset.

"There are high-dollar properties next to the river and people think they own the river and can do what they want with it," he said.

Matt Carroll can be reached at mcarroll@globe.com.