Tree plan runs against Bedford's grain

By Kerry Drohan, Globe Staff, 6/17/2001

BEDFORD - Massport's proposal to remove trees from 44 acres in the Hartwell Town Forest to clear flight paths at Hanscom Field is not going over well in Tree City USA.

The latest state-versus-town battle opens a new front in the air war at
Hanscom, joining a string of contentious property-rights issues, many of
which have ended up in court.

Under its ''Vegetation Management Plan,'' Massport says it must remove the
trees on Bedford land at the north end of Runway 5-23 to comply with Federal Aviation Administration regulations.

''We know this is a sensitive issue, and we want to work with the town to
develop a forest management plan,'' said Tom Ennis, Massport senior project manager for aviation planning. ''We're trying to evaluate the site properly and come up with some creative solutions.''

Ennis characterized the tree removal as ''selective cutting.'' When asked
how many trees Massport plans to remove, he said, ''I don't want to get into
the number of trees. That's too negative, in a way.

''This is not the clear-cutting of a set area,'' he said. ''We're not
proposing that. We are looking at removing some of the tallest penetrations
and looking at a plan to replace them with different types of vegetation.''

Bedford has something to say about that.

''Tell Massport not to turn on their chainsaws too soon,'' said Sheldon
Moll, a Bedford selectman. ''I can assure you we will explore all our legal
options. The selectmen will not act in an hysterical manner. But the people
of Bedford may resort to other means.

''The scary thing is that it's not just cleaning up small vegetation,'' Moll
said. ''They're talking about thousands of trees cut off at the bottom,
basically creating a wasteland. Cutting thousands of trees would completely
change the character of the town forest.''

The Hartwell Town Forest was donated to the town in 1940 by the Hartwell
family. The 120-acre site is the largest conservation tract in town and
contains hiking trails and abundant wildlife. It is a source of pride in
Bedford, which in April was designated a ''Tree City USA'' by the National
Arbor Day Foundation.

''In Bedford, we take our trees very seriously,'' said Selectwoman Catherine
Cordes. ''I understand that Massport has an interest in providing safe
airspace, but the protection and preservation of the forest is utmost in my
mind. Unless there is a compelling legal opinion, I'm not willing to
compromise in any way the asset that we have there.''

Cordes also brought up a question sure to become a point of law in the
discussion.

''The forest is conservation land, so there are a whole set of questions
that have to be settled,'' she said. ''You have one set of state laws
pushing on another set, so what takes precedence?''

Massport presented its preliminary proposal to Bedford officials at a
meeting in March. The town asked the agency to provide evidence that they
had the legal authority to enter Bedford land. On Wednesday, the agency
informed town administrator Richard Reed that it had requested that it be
named an agent of the Massachusetts Aeronautics Commission, which oversees
aviation matters at all 44 public-use airports except those owned by
Massport.

Massport sent the commission and Bedford a letter citing state law,
specifically the Special Acts of 1967, Chapter 709, Section 6, which states:
''If any tree is allowed to grow in such a manner as to become an airport
hazard, the commission may request its owner to remove or trim it so that it
will no longer constitute such a hazard, and, if he neglects or refuses to
comply with such request within sixty days, may enter upon his land and
remove or trim said tree without expense to him.''

The commission is inclined to grant Massport's request because the law is
clear and specific to Hanscom, according to Robert Mallard, executive
director. He said the official decision will not be made until the five
commissioners meet July 18.

''If they vote to make Massport our agent, then the next step would be for
the commission through Massport to offically request that the town remove
the trees,'' Mallard said. ''My hope is that the parties can get together
and come to some kind of agreement before then.''

Mallard said the Massport request was ''a little abnormal in that the
commission is being asked to participate in any Massport project.'' But,
''there is nothing to prevent us from doing this; it's like hiring a
consultant.''

Parties on both sides of the issue expressed hope that it would not end up
in court. The activist group Save Our Heritage has a case pending in
Boston's First Circuit Court of Appeals claiming the FAA did not fully
consider the Historic Preservation Act when it allowed Shuttle America to
fly to New York's LaGuardia Airport.

While the law is argued, Bedford residents are increasingly upset, according
to Brian O'Donnell, chairman of the Bedford Arbor Resources Committee.

''There is a strong sentiment in the community against this,'' O'Donnell
said. ''What disturbs me is that Massport has yet to identify the number of
trees they are talking about. It could be hundreds or thousands. You can't
replace this kind of resource quickly.

''We think the town has the legal right to control its own forest, and
Massport will be hard-pressed to overcome political will in this community.
When a state agency gets to the point of cavalierly saying we're going to
help you manage your forest, that ought to raise significant concern.''


This story ran on page 1 of the Boston Globe's NorthWest Weekly section on 6/17/2001.
© Copyright 2001 Globe Newspaper Company.

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