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Planning commission questions legality of tree-service operations at 1225 Boston Turnpike
Summary
Attorney Stephen Penny said two tree-service firms are operating and storing equipment at 1225 Boston Turnpike and the owner will seek a permit; the commission said a cease-and-desist is in place, disputed whether the activity fits the RMUZ zoning categories, and suggested regulatory changes may be needed.
Attorney Stephen Penny, representing property owner Andrew Ladyga, told the Bolton Planning & Zoning Commission on Dec. 11 that two tree-service businesses have been storing equipment and operating at 1225 Boston Turnpike and that "Mr. Ladyga says that those businesses are accessory to his farming operation." The commission noted a cease-and-desist order has been issued because no permit has been filed.
Penny identified three possible uses in the RMUZ Zone regulations (Section 8-7) that he said might apply: Personal/Business Services; Nursery (agricultural); and value-added agribusiness and forestry uses such as processing and sale. Penny said a tree service could be classified as a forestry service and that some processing of logs is done on the site.
Chairman Adam Teller pushed back that "adding farming would not be valid because a tree service operating out of a yard is not forestry," and questioned how storing equipment or limited on-site processing would add value to the property. Commissioner Arlene Fiano noted that two firms in town that process wood are permitted only because the landowners themselves perform the processing; in this case the businesses rent space and are not the landowner.
Commissioners discussed practical compliance options and regulatory changes. James Cropley noted prior instances where trucks were required to be parked indoors. Thomas Manning observed that tree services are not specifically accommodated in the current regulations and suggested the commission could consider a regulation change and clarify rules about outdoor storage. Several commissioners emphasized that any existing violation should be corrected before a permit application is submitted.
The commission did not adopt a determination at the meeting; members instead identified possible zoning categories to review and signaled that a permit application would face scrutiny. Next steps recorded in the meeting minutes: the owner may pursue a permit, the commission may consider whether a zoning amendment is appropriate, and the outstanding cease-and-desist remains in effect until compliance or enforcement action is resolved.
