Commission staff advises neighbor with arborist concerns to notify property owner; Conservation Commission declines to mediate private tree disputes

During the Jan. 9 meeting the Needham Conservation Commission discussed a complaint from an arborist working for a neighbor who is concerned a large tree on an adjacent property could fall and damage a newly installed fence or the neighbor’s house. Commission staff advised that the commission will not authorize work or mediate a private landowner dispute unless the property owner requests action and files the necessary permit application.

Staff told commissioners the typical, appropriate first step is for the arborist or concerned neighbor to notify the tree owner in writing; an arborist-signed letter can give the notice greater weight for insurance or legal purposes. If the property owner decides to remove or prune trees and work is in the wetland buffer, that owner would need to file with the Conservation Commission. Commissioners reiterated they would not intervene directly in a neighbor dispute and that any tree removal or replacement the commission would seek should occur on the property where the trees stand.

Commissioners noted these matters frequently involve insurance and liability issues and that the conservation office’s role is limited to permitting when work affects jurisdictional wetland areas. Staff said they would provide guidance to the caller and that neighbors who want tree work reviewed should have the property owner file the appropriate application.