Commission amends enforcement order for Kingsbury Way properties; requires fence, signs and tree replacements

The Conservation Commission on March 6 amended an enforcement order for work at 14 and 20 Kingsbury Way and directed the property owners to install a demarcation along the property line, plant replacement trees, and resubmit a revised plan reflecting those changes.

Teresa Sprague, representing Phil and Nancy Carboni, presented a revised restoration/management plan intended to close out requirements from a previously issued and now-expired order of conditions. Sprague said the updated plan increases planting density in buffer areas, replaces dead planting material with native shrubs, grasses, wildflowers and trees, and proposes management of Phragmites and bamboo while a meadow establishes. "We're proposing to restore that area with native shrubs, grasses, wildflowers, and trees," Sprague told the commission.

Commission action and requirements

The commission amended the enforcement order to require: - Installation of a fence (single-rail split-rail or an approved alternative) along the property line to demarcate town-owned conservation land and two signs (one on each property), - Planting of three replacement trees by June 1, with at least one tree placed in the wetland or adjacent area to improve survival prospects, - Submission of a revised plan showing the fence location and removal of proposed shrub clusters (the commission retained the three tree plantings), - Owners may choose either to remove the existing turf and seed a native upland grass/wildflower mix or to leave the turf; the commission recommended the tree plantings regardless.

Rationale and limits on town land work

Commissioners stressed that much of the previously cleared area lies on town-owned conservation land and noted the original 2017 order had expired. While the owners had previously received an order of conditions, commissioners said continued management on town property requires a separate filing and approval under current protocol. The commission stated it will not authorize additional invasive-species management on town land as part of this enforcement-order resolution; any further work on town property will require a new Notice of Intent and the town request-for-work-on-town-property protocol.

Neighbors and site conditions

Commission members and staff noted that the cleared area had substantial bamboo and Phragmites infestation and that previous mowing had encouraged invasive regrowth. Staff recommended a modest approach to restore native cover while preventing repeated disturbance on town property. The amendment accepts three replacement trees (with at least one in a wetter area) and requires the fence and signage to prevent future mowing onto town land.

Next steps

The commission approved the amended enforcement order and directed the applicants to submit a revised plan showing the fence and tree locations. Staff will monitor compliance and close the enforcement file after verification that the fence, signs and tree plantings meet the amended order.

Why it matters: The ruling clarifies the limits on private work on town-owned conservation land and strikes a compromise that replaces specific plantings and establishes clear property-line demarcation while preserving the town’s control over management of conservation land.