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Developer apologizes after unauthorized tree clearing during breeding season; board orders restoration plan
Summary
The board found that a developer cleared 45 trees on-site and 13 off-site during an approved window and breeding season protections. Officials required escrow replenishment, a town‑engineer‑approved restoration plan, and limited work now to emergency erosion control.
John Cota, the applicant for the Savannah Estates (Green Haven/Beman Road) subdivision, told the planning board he and his team erred when tree removal exceeded the limits of the approved tree-felling plan and that some cutting occurred during the Indiana‑bat breeding season.
Cota said on the record: “We messed up. We messed up,” and described the scope: 45 trees removed on the site and 13 trees removed on neighboring parcels (nine on one neighbor’s lot, four on another). Neighbors and board members said the off‑site clearing had removed a vegetative buffer and raised runoff and habitat concerns.
Town staff and the board pressed for mitigation that matches the loss. The town engineer told the board the mitigation “has to be commensurate with the loss” and said a written restoration plan is required that: (a) identifies trees to be replaced and planting locations; (b) describes species, sizes and a multi‑year maintenance/warranty program; (c) contains measures to stabilize the cut slope and manage runoff so the downstream neighbor’s driveway and roadside drainage are not worsened; and (d) be reviewed and approved by the town engineer and the planning board before further site activity beyond emergency erosion control.
The board voted to (1) reinstate applicant escrow/consultant fees so the town can review revision drawings; (2) require a restoration/mitigation plan and schedule approved by the town engineer and the board; and (3) keep a stop‑work order in place with narrow exceptions for emergency erosion control. The applicant agreed to work with affected neighbors and to bring a landscape architect’s proposal; the board said it may require a higher replacement ratio and monitoring to ensure survivability of plantings.
Next steps: applicant to submit a detailed restoration plan and escrow funds for technical review; town engineer to evaluate mitigation sufficiency and report back to the board.
