The Conservation Commission at its meeting Tuesday night called out the developer of the Elmwood Farms III subdivision off Blueberry Lane for allowing a contractor to remove trees in the buffer zone.

Conservation Administrator Kim Ciaramicoli explained that the order of conditions originally approved in 2021 for the subdivision, now also known as Newbury Glen, required the construction of a trench drain behind the homes on Blueberry Lane.The trench drain goes through one of the lots on which a conservation restriction was placed. The land contains an isolated vegetative wetland, which triggers a 50-foot no disturb zone and a 100-foot buffer zone.

The original subdivision was approved in the late 1980s and constructed from the late 1980s to the early 1990s. However, a portion of the project was never built. The remaining lots were purchased by Toll Brothers, which donated land to the Open Space Preservation Commission. The OSPC approved the donation in April, and Town Meeting voted in favor of the land transfer in May.

Ciaramicoli recently walked the site with Ted Merchant, the director of land development for Toll Brothers, during a pre-construction meeting. The two agreed on a 15-foot-wide work area for the trench installation. But the contractor violated that staked area and “removed trees in a wider swath” of about double the amount that goes “right up to the 50-foot wetlands buffer.”

Merchant explained to the commission that he had thought the 15-foot-wide work area was “reasonable” during his walk with Ciaramicoli. He told the contractor that minor adjustments could be made but that the contractor “exceeded that direction.”

He added: “I’m happy to work with the commission to restore some of that area.”

Merchant expected the trench installation to take no more than 10 days, at which point work on stabilizing the land can begin.

Commission members were upset with the blatant violation and that Merchant had not approached Ciaramicoli when he discovered it.

Newly elected chair Melissa Recos, who succeeded Jeff Barnes when he resigned from the commission earlier this month, said there needed to be “consequences and mitigation.”

“This is the beginning phases of the project,” she added. “We really need to have some trust going forward.”

Member Jim Ciriello said it was disappointing that the applicant “never asked for [a wider work zone] in the first place.”

He added: “It’s not up to us to pick up something that they probably forgot.”

Member Ed Harrow, speaking as chair of the OSPC, said he had “misgivings” about accepting the property that had “for lack of a better word, a pipeline running through the middle of it.” He found the tree cutting “extremely disappointing.”

Blueberry Lane resident Doug Onsi said he saw the trees being removed. He noted the contractor “showed an absolute disregard for the staking,” running stakes over and clear cutting the land.

Said Onsi: “It creates a strong distrust in the neighborhood for the environmental respect and the expectations for Toll Brothers as a developer.”

Recos said the first step is to learn the number, species and caliper of the trees that were removed to understand the impact. Merchant said he would provide the information at the next meeting,

Charleswood School plan modifications reviewed

The development team for the new Charleswood School presented some updates to the project that came about after receiving input from both the commission and the Planning Board.

Claire Hoogeboom, a wetland scientist at LEC Environmental Consultants, explained that the planned athletic field has been moved further north and away from the wetlands. The driveway was moved, and pavement now will be completely out of the 100-foot buffer zone. About 40 new parking spaces were created.

She noted that there “might be other slight modifications to the plans” because the team has not yet received the stormwater management plan review and traffic comments.

Harrow lamented that during a site walk, he saw three hawks and a deer running through the wooded area. While he thanked the team for its efforts, he was upset that the school will be located at this site, located at 147 Hayden Rowe Street.

“I am just so frustrated that the town has put itself in the position that we have to build infrastructure on land that is supported by wildlife and that is not really conducive to be built upon,” he said.

The hearing was continued until the next meeting on Sept. 10.

Violation discussed for unpermitted landscaping business on 163 Saddle Hill Road

The owner of a Saddle Hill Road landscaping storage business appeared before the commission. On May 31, Ciaramicoli said the town zoning enforcement officer issued a cease and desist order against Lucio Arcuri for operating “an unpermitted landscaping storage operation.”

Arcuri removed all of the landscaping debris from the site. There also was a “significant Japanese knotweed infestation” on the land. Ciaramicoli issued a violation to Arcuri the week before the meeting. She recommended “chemical and mechanical management” of the site for at least three years and the application of an erosion control seed mix to stabilize the soil.

Arcuri said landscaping debris had been dumped there previously, so he decided to “dump over it.” He removed the materials immediately and offered to work on the Japanese knotweed infestation.

Recos said the wetland boundary needed to be pulled back and that medallions should be installed to mark it. She also suggested “outside planning” for invasive species management.

Commission bids farewell to former chair, Ciaramicoli

Commission members offered their thanks and praise to Barnes, who recently resigned after more than two decades of service on the board.

Recos, who has served as vice chair, said he “did a great job,” noting that “we have some big shoes to fill.” She was unanimously voted as Barnes’s successor.

“He has been incredibly supportive to me in my commitment to open space,” Harrow said of Barnes. “I really, really appreciate his handholding.”

Ciriello added that he “certainly appreciated his leadership, his effectiveness, his knowledge.”

As her first action as the new chair, Recos suggested that the committee go back to its previous format of having two co-vice chairs. She nominated members Ted Barker-Hook and Matt Moyen, who were unanimously elected.

Recos noted that there is a vacancy on the commission now and encouraged interested people to apply.

In other news, Ciaramicoli announced that she has resigned from her position as conservation administrator. Her last day is Aug. 29, but she said she hoped to attend the commission’s September meetings.

Commissioners expressed their thanks to Ciaramicoli, who has held this role for the past few years.

“You and Jeff leaving at roughly the same time is a big hit,” Ciriello said, telling her she “can’t leave.”

“I think you brought a really fresh way of looking at things,” added Recos.

“I do want to say that it has been both a privilege and an honor to be your conservation administrator,” said Ciaramicoli.