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HomeMy WebLinkAboutAdmin review 9.22.22 denied Yarmouth Conservation Commission · 1146 Route 28, South Yarmouth, MA 02664 · (508) 398-2231 · Ext 1288 Page 1 of 4 CONSERVATION OFFICE kgrant@yarmouth.ma.us “Vista Pruning” and “Vegetation Removal” and are two examples of how vegetation can be removed from a property. The Massachusetts Wetlands Protection Act 310 CMR 10.0 and the Town of Yarmouth Wetland By-Law Chapter 143 refers to Vista Pruning as the selective and judicious thinning of tree branches or understory shrubs to create a "window" to improve the view of a Resource Area. It is designed to benefit the community as a whole and it is NOT clear cutting to gain a view. The Commission looks at Vegetation Removal as doing more work than Vista Pruning. It is important to note that both activities are regulated by the Conservation Commission. The Commission understands the need to trim vegetation within wetland jurisdiction but also has a responsibility to follow the State and Town Wetland Regulations. The Commission and its Administrator will determine the appropriateness of vegetation removal and Vista Pruning based upon an interpretation of the regulations and on a by case by case basis. 1. No vista pruning will be allowed in a wetland. 2. The tree canopy will not be thinned by more than 50%. 3. Portions of dense understory, no more than 20%, may be removed provided other types of suitable vegetation replace it. 4. If adverse impacts occur to the adjacent Resource Area(s) as a direct result of the "Vista Pruning", the Commission will require immediate mitigation in order to correct such impacts. The activity may be subject to enforcement actions and fines. This provision will be noted in the "permit" issued to the applicant. 5. Vegetation may be trimmed so that the level be of varying heights to mimic natural growth. 6. Vines and invasive species may be removed by hand pulling or hand clipping. 7. No tree with a diameter greater than 4 inches DBH or otherwise stated will be cut down. Exceptions to tree or limb removal would be with the approval from the Commission or Administrator. 8. Removal of trees is by flush cutting, not digging. 9. Prior to the required visit by the Conservation Administrator, vegetation, for which removal is requested, should be flagged with tape. Vista corridors should be delineated. TOWN OF YARMOUTH VISTA PRUNING & VEGETATION REMOVAL GUIDELINES Yarmouth Conservation Commission · 1146 Route 28, South Yarmouth, MA 02664 · (508) 398-2231 · Ext 1288 Page 2 of 4 CONSERVATION OFFICE kgrant@yarmouth.ma.us 10. All pruning debris will be removed by hand (not heavy equipment) and properly disposed of off- site. There shall be no debris left onsite. 11. "Vegetation Removal and Vista Pruning", once completed, may be maintained in a consistent manner over time. However, the Conservation Administrator must be notified prior to the commencement of the work. 12. Work shall be done by a certified licensed landscape professional with experience working in sensitive areas, unless otherwise noted. Wetland delineations may be required. 13. The applicant must demonstrate the proposed work will not generate a net adverse impact on the wetlands or the Buffer Zone (the Commission may deny the application if they determine the proposed activity to adversely affect the wetland or Buffer Zone). 14. If any unforeseen problems occur during the permitted work which affects the interests of the Wetlands Protection Act, Chapter 131, Section 40, and the Town of Yarmouth Wetland By-Law Chapter 143, the applicant shall notify the Conservation Commission immediately. The applicant shall then act to correct the problems using the corrective measures agreed upon. 15. The Commission reserves the right to require additional conditions if deemed necessary to protect Resource Areas and interests as defined in MGL Chapter 131 Section 40 (310 CMR 10.00) and the Town of Yarmouth Wetland By-Law Chapter 143. Ilk N. 44 IMN �+ve� SI A, A r .1 .10 IM -,- . . A7 4P 'rip SW Nv- 4., R A UTig k .7 Af LIP Valk % JA I