Abington Homeowner Faces Tree Replacement Hurdle for Garage Project
Conservation Commission Debates Regulations as Resident Expresses Frustration
ABINGTON - December 10 - An Abington homeowner's plan to build a detached garage hit a snag Dec. 10 when the Conservation Commission raised concerns about tree removal and wetlands protection.
Christopher O'Neill of Dianne Circle presented plans for a 40-by-40-foot barn-style garage that would require removing 67 trees from his property.
The commission informed O'Neill that town regulations require replacement of trees over 5 inches in diameter that are removed within 100 feet of wetlands.
"Our regulations state for every tree over five inches in diameter needs to be replaced," member Jean Matiyosus explained. "Where are those proposed trees on your plan?"
O'Neill expressed frustration with the requirement, citing the costs he had already incurred for the project.
"I've already gone, you're above the Massachusetts regulations," O'Neill said. "It's like sometimes you do things just to do them. And it's very frustrating."
He argued that the project would not harm wetlands or wildlife, describing the affected area as "a puddle with bud light cans in it."
Commission members debated the merits of strict enforcement versus finding a compromise. One member suggested moving the proposed structure to reduce its impact on the wetland buffer zone.
"If you pulled it 10 feet closer to the house, you'd be out of the 35 no build and you wouldn't have to worry about," Matiyosus said.
The commission voted to continue the hearing to Jan. 14, giving O'Neill time to consider modifying his plans.
In a separate matter, the commission discussed wetlands violations at Dependable Tree Service, located at 837 Randolph St.
Brian Donahoe, an environmental consultant representing the business, presented aerial photos showing the property's history of use as a landscaping business predating current wetlands regulations.
Commission members raised concerns about recent alterations to the site, including the addition of asphalt millings in a wetland buffer zone.
"We have never done an enforcement order because they were told this was wrong," Matiyosus said. "And then in April 30th meeting of this year, Mr. Vagnor got up and said that, yes, they did do it. They thought they could."
The commission referenced complaints from a neighboring property owner, Christina McMahon, who reported unauthorized filling within 6 feet of an intermittent stream.
"Mrs. McMahon wants the fill removed. She made it clear to them not to disturb that area, but they did," Matiyosus said.
Donahoe agreed to investigate the extent of the fill and develop a plan for its removal.
"What I'll do is take what you said and go back to him and talk about that. I will talk to Mrs. McMahon too because I have talked to her several times," Donahoe said.
The commission requested that Donahoe return with a detailed plan for restoring the affected area.
"I think before anything's done with it, this needs to be resolved," member Alex Bezanson said.
The commission emphasized the importance of protecting wetland buffer zones and adhering to local regulations, even when they exceed state requirements. The commission's next meeting on Jan. 14 is expected to revisit these issues as property owners work to address the concerns raised.