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Homeowners cite safety after-the-fact tree removals; Commission debates pruning allowances in bylaw
Summary
Pieter and Esther Duplessis told the Commission they removed about 11 hazardous trees after contractor advice that permits were unnecessary; the Commission continued the hearing to June 23 and discussed whether the Sudbury Wetlands bylaw should be clarified to allow limited safety pruning.
Pieter and Esther Duplessis appeared before the Conservation Commission on June 9 to address after-the-fact tree removals at 173 Peakham Road. The Duplessises said they purchased the home in 2014 and only later learned of wetlands-related restrictions. Over roughly the past decade the property experienced progressive tree decline and, within the last two years, several large trees failed. They engaged Rusty’s Tree Service to remove approximately 11 trees, most of which were dead; two live trees were taken down as a precaution because they stood near a failed tree and posed a perceived safety risk.
The Duplessises said they had asked the contractor whether permits were required and were incorrectly advised that none were necessary; they immediately filed a Notice of Intent once they understood regulations and cooperated with staff. Coordinator Lori Capone reported visiting the property, observing the stumps and vegetation, and finding that the majority of removed trees appeared dead or dying. Capone also confirmed the site is within the Buffer Zone and the Riverfront Area and noted that pruning is only exempt under the bylaw when branches physically extend over a structure.
Commissioners debated whether the bylaw is too strict for routine safety-related maintenance and whether it would be appropriate to incorporate clearer allowances or perpetual exemptions for limited pruning adjacent to structures to reduce confusion and erroneous contractor advice. Commissioner Mark Sevier proposed deferring a planting-transition requirement until Certificate-of-Compliance review, while others raised concerns about homeowners being misinformed by service providers. Because a DEP file number had not been issued, the Commission continued the hearing to June 23, 2025 with the applicants’ consent.
The Commission did not impose an immediate penalty; instead it directed staff to continue the hearing, consider potential bylaw language clarifications for safety‑related pruning, and to document expectations for future pruning and permit submissions.
