Historic panel grants after-the-fact approval after clear-cut at 42 Ministerial Road, requires five hardwoods

The Bedford Historic District Commission on May 12 approved an after-the-fact certificate of approval for clearing more than 1,500 square feet of the front yard at 42 Ministerial Road and required the property owner to install replacement landscaping, including a minimum of five hardwood trees, within two years.

The action followed a presentation by Christopher Green, the property owner, who said he had cut multiple ash trees after buying the lot and only later learned part of the parcel lay inside the town's historic district. Staff notes included in the meeting packet said the owners were not notified about the district when the property was built.

Commission Vice Chair Kathleen Bemis moved to issue the after-the-fact certificate with conditions requiring grass, flowering plants and at least five hardwood trees; the motion required the applicant to implement the replacement landscaping within two years and to submit photos documenting the stabilized slope, the landscaping and the planted hardwoods. Lisa Muscat seconded the motion; the commission voted in favor and the motion carried.

During questioning, Bedford Conservation Planner Kathleen Ports asked whether the slope and wetlands had been stabilized and whether the property owner planned additional plantings. "Do have those been stabilized and are sufficient?" Ports asked. Green said the slope was stabilized and that he intended to plant bushes, trees and flowers "to kinda make it...what we want it to look like for that area." He told the commission the tree removal had been ongoing since he purchased the wooded lot and that "there are a lot of them" dead ash trees; later he estimated "like 25, 30" trees had been removed.

Commission members discussed the town's notification process for properties in the historic district. The staff report shown at the meeting said no notification to the property owner was found for the time of construction; the commission indicated it will work with the building department to improve upstream notifications to new owners.

Commissioners clarified what work needs return visits to the HDC: any work remaining on the portion of the property that sits inside the historic district will need to come back before the commission. Commissioners and staff also confirmed the current rules do not require a formal landscape plan for plantings, and that typical plantings such as flowers do not need separate approval.

The commission's motion requires the applicant to submit photographic documentation for the town file after the plantings and slope stabilization are complete. No fines or enforcement penalties were announced during the meeting; the approval was an after-the-fact certificate with conditions.

The owner and staff were directed to follow up with the commission and to provide the required photos and any further information the commission may request to document compliance with the landscaping condition.