In last week’s Harvard Press, Hillary Kavanagh of 339 Stow Road questioned the Planning Board’s decision to fine her for the removal of a cedar tree in the town right of way in front of her property, which was in violation of a Scenic Road Consent decision made by the Planning Board in 2007, when the driveway to her new home was being constructed. Most roads in Harvard have been deemed Scenic Roads through the town meeting process. That designation protects the winding roads, stone walls, and trees that contribute to the character of the town. Stow Road is such a road.
In her letter, Ms. Kavanagh took particular issue with something I was quoted as saying in the PB meeting of July 16, 2007, regarding a modification to their permit. The quote—“allowing a tree to be removed because of sight would set a precedent that you should clear cut for any new house”—has been taken completely out of context. The board found that the tree was consistent with the trees and vegetation that are common along the side of the road on Stow Road and throughout the town. The Kavanaghs were permitted to take down nine dead or dying trees in front of their home to construct the driveway, but the 9-inch cedar tree was healthy and posed no undue hazard for drivers to exit the driveway safely since it was set back from the roadway. The Planning Board unanimously determined it should not be removed. An abutter to Ms. Kavanagh noted that he took caution exiting his driveway because of a pine tree along the road but did not advocate for trees to be removed. If the Planning Board ignored the desire of the town (as expressed through town meeting) to preserve the scenic roads of Harvard, the town would be a much different place.
I called the tree warden and the National Grid arborist, and found there was no credible evidence to hold National Grid accountable for the removal of the cedar. Given the Kavanaghs’ earlier desire to remove the tree and given that they did not call Town Hall—not the tree warden, not the DPW, not the Planning Board—at the time of the removal, the Planning Board acted to enforce the Scenic Road Bylaw.
Kara McGuire Minar
Still River Road
