The Oak Bluffs selectmen will seek damages in small claims court against a Northborough man who cut down a tree in Ocean Park on New Year’s Day without permission.
The Oak Bluffs selectmen will seek damages in small claims court against a Northborough man who cut down a tree in Ocean Park on New Year’s Day without permission.
At their meeting Tuesday selectmen voted to take action against Thomas Hjerpe. Although selectmen did not name Mr. Hjerpe, Oak Bluffs police confirmed in an email to the Gazette Wednesday that he is the person responsible for the unauthorized tree cutting. Mr. Hjerpe, who is 54 according to police, owns two condominiums on Ocean Park.
The 35-foot catalpa tree was cut down some time on New Year’s Day. A Facebook post by Crossland Landscaping, which contracts with the town for maintenance of the park, reported the incident. Police subsequently were called to investigate.
In the email Wednesday, Oak Bluffs police Sgt. Daniel Cassidy said that Mr. Hjerpe had contacted police and town parks and recreation chairman Amy Billings after the incident. “The incident was deemed to be civil and did not appear to be criminal in nature. The parks department and Mr. Hjerpe attempted to come to a resolution on their own,” Sergeant Cassidy wrote.
But at the selectmen’s meeting Tuesday, board members said after talks between the town and the tree cutter, no resolution could reached. The board voted to authorize town counsel to seek a remedy in small claims court.
Selectman Brian Packish said he would like to see the strongest possible recourse.
“If it’s one tree, two trees, three trees, whatever. It needs to go back and they should be as big as possible,” Mr. Packish said.
In other business Tuesday, selectmen signed off on a complicated internal plan for restructuring the chain of command at the fire department, just as they prepare to interview candidates for a new fire chief.
The town has been without a permanent fire chief since John Rose resigned under pressure in January 2020.
After a lengthy period of interim leadership, selectmen advertised the position last month.
Assistant town administrator Wendy Brough said the town had received 14 applications.
A preliminary review of the candidates is set for Monday in executive session. Once finalists are chosen, the search process will become public.
Town administrator Robert Whritenour announced that his last day on the job will be March 26, when he leaves to take a new job as Yarmouth town administrator.
Selectmen also reappointed Deborah Potter to another three-year term as town accountant, and approved a new seasonal all alcohol license for Flavors MV. Abhisshek Chhibber and his business partner Ralston Francis are taking over the Circuit Avenue business, formerly the Island House.
Mr. Whritenour said the annual town election is set for April 15. The last day to submit nomination papers is Feb. 25 at 5 p.m.
Comments
I live seasonally in
Michael OBI live seasonally in Vancouver, BC Canada.
Several years ago a woman living in a condo on English Bay was fined 15K for doing the same.
'Nuff said.
I know this is Martha's
Mike SomewhereI know this is Martha's Vineyard, but - if this had happened in Boston or New York City I believe the fine is by the inch of caliper in cases of Arborcide, or dealt with as noted below.
Seeing that it is Martha's Vineyard maybe it should be a higher fine because of the irreparable damage to the image of the Park for some time, and the image is part of the charm and attraction.
A quote from the NYC Department of Parks: Illegal Tree Work and Damage
No one is allowed to perform any work on a tree unless they are employed by Parks, are under a pruning or removal contract with Parks, or possess an official Tree Work Permit with expressed consent from our Forestry Division.
According to Title 18, Chapter 1, Section 18-129 of the New York City Administrative Code , it is illegal and punishable by law for citizens to remove, kill, or damage a street or park tree, whether intentionally or accidentally. Most violations are misdemeanors, punishable by a fine of up to $1,000 and/or imprisonment up to 90 days. Removing a tree without a permit and damaging trees are very serious offenses, punishable by a fine of up to $15,000 and/or imprisonment for up to one year. Anyone caught removing or otherwise harming a tree should be reported immediately.
Definitely a lesson and deterrent.
https://www.mortonarb.org/trees-plants/tree-plant-descriptions/northern…
I feel like I heard once
TisKid VHI feel like I heard once about another island town instituting a large fine and also requiring the trees put back the way they were. Seems fair.
What’s the explanation for
June OBWhat’s the explanation for cutting it down?? Why? Water view?
When one reviews the type of
Corn Fused Vineyard HavenWhen one reviews the type of plant involved, one fnds it is not a tree at all, but rather an invasive plant, with poisonous roots, that has been allowed to grow in that location. If the current plant is left alone, it will regrow. The real question is " where are the tree warden and conservation people on this topic?" What is the value of this plant?
No, not invasive in MA. Many
Bri WTNo, not invasive in MA. Many plants are toxic, such as hollies and hydrangeas. Should we get rid of those too?
The northern or hardy catalpa
Rhododendron Guy ChilmarkThe northern or hardy catalpa is a flowering tree that can grow quite large, perhaps 40-60 ft.
I think Corn Fused is
Robert Skydell Granada, NicaraguaI think Corn Fused is confused. Catalpas are majestic trees with abundant flowers in spring that resemble popcorn. The wood is extremely hard and they make excellent landscape specimens. They are not common to my knowledge and certainly not invasive. The person who decided to cut the tree (which was located in a public park) clearly had an agenda and I hope he is held accountable.
This is a serious crime and
Gabrielle West TisburyThis is a serious crime and should be fined more than small claims.It is an outrageous destruction of public property...if it passes with a small fine it will happen again and again.
Was the tree dead?
Kevin OBWas the tree dead?
no, it wasn't. I often
Gabrielle West Tisburyno, it wasn't. I often admired that tree. you don't see a catalpa often here and it certainly seemed,as is someone had put a good deal of time into artfully pruning it over the years.
No. And it wasn’t his duty to
T Bone Oak BluffsNo. And it wasn’t his duty to chop down a living tree.
This sounds like a big
Helen Belmont MaThis sounds like a big misunderstanding...I hoping he thought he was doing the Town a favor but cutting an old tree down?
Maybe he thought he was doing
Hal OBMaybe he thought he was doing the Town a favor?
Mass. Law for this (c. 242, §
William Ex PBA CHILMARKMass. Law for this (c. 242, § 7) is actually treble damages.
And yet the shade trees along
Nancy VINEYARD HAVENAnd yet the shade trees along Beach Road have been cut down in preparation for the ill-conceived SUP project and 'improvements' of the road, and not one bit of concern about those!
Very ill-conceived
Martha’s VictimVery ill-conceived whattaboutism. One is planned and sanctioned, the other is a crime. Carry on
What would the fines etc be
Brenda OBWhat would the fines etc be if this was a auto accident that caused the death of the tree?
Would it have to be replaced by a replacement of similar size and age etc. ?
Isn't this vandalism?
Clearly the laws are antiquated and need to be updated to at least the 2000's.
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