The Gardner Conservation Commission continued an enforcement hearing for 282 Brookside Drive after the property owner, Aymana Troy, acknowledged cutting roughly 12–15 trees and said she was uncertain of the exact property boundaries.
The commission said the cutting appears to have removed shading that protects a vegetated wetland and riverfront area behind the lot, and it set a site visit and a follow-up hearing for March 24 to review boundary documentation and remediation plans.
Commission members told Troy she should locate a deed and have the lot surveyed so she understands property lines before further work. “You need to know what your property lines are,” a commission member told Troy during the hearing. Troy replied, “I just cut some trees, and I did I'm so sorry about that. I wasn't in all the zones, and I wasn't in all, like, this is a big problem.”
Emily Marino, director of land programs for North County Land Trust, told the commission her organization owns the land abutting 282 Brookside Drive and that the Massachusetts Department of Conservation and Recreation holds a conservation restriction on that abutting parcel. “So there are some other regulations that prevent tree cutting over the property line,” Marino said, urging that any remediation take the conservation restriction into account.
Commission staff said they will arrange a site visit with the property owner and the abutting land trust, coordinate with the city engineer (Justin), and expect Troy to provide a plan to replant trees or otherwise mitigate impacts to the wetland buffer. The commission also advised Troy to post or otherwise make visible the required contact and DEP/permit information for the site and recommended hiring a surveyor to place markers.
The commission voted to continue the enforcement order to March 24 to allow the owner time to obtain deed/survey information, to permit a joint site visit with North County Land Trust, and to provide a remediation plan. The record of the motion shows the commission approved the continuation by voice vote (“All in favor? Aye”), with individual vote names not recorded in the minutes.
Clarifying details recorded at the hearing include the owner's estimate that she removed about 12–15 trees, that some trees were removed because of broken limbs and perceived safety concerns near the house, and that wildlife (deer, bear, foxes) was observed in the area. The commission emphasized that the disturbed area abuts a vegetated wetland and riverfront buffer that provides groundwater filtration and habitat.
The commission asked staff to contact Troy with the name of recommended surveyors and to coordinate with North County Land Trust and the Massachusetts Department of Conservation and Recreation when developing a replanting and remediation plan. The commission noted that any replanting or repair plan will need to satisfy both the wetlands regulations and the conservation restriction held on the adjacent land.