Resident seeks permission to clear vegetation in 25-foot utility easement; commission asks for written maintenance plan and neighbor notice

David Sanford, owner of 41 East Main Street, told the Middleborough Conservation Commission that trees and brush growing in a 25-foot utility easement are encroaching on overhead service wires and that he wishes to clear the easement to reduce the risk of an outage.

Sanford said the easement is centered on telephone poles and measures 25 feet across (about 12.5 feet on each side of the pole centerline). He said some trees and dense underbrush — including Japanese knotweed and several small conifers — have grown up over the years and are now approaching the utility wires. “Historically, it's always been maintained free of trees,” Sanford said, adding he did not initially realize he had trimming authority until contacting the town and the utility.

Commission staff and members discussed jurisdiction and neighbor notification. Trish, the conservation agent, and commissioners noted that the retention pond and some drainage features are town-maintained and would not be part of Sanford’s work. A staff member who inspected the site recommended Sanford prepare a written maintenance plan that specifies methods (no stumping, use of a brush hog where appropriate), a clear limit-of-work, and erosion controls. The commission suggested that a copy of that written plan be provided to the abutting property owner at 35 East Main Street (identified in the record as Kingston Trailer) so the neighbor is informed and the plan is on record.

Sanford said some trees just outside the easement may require separate permission from Kingston Trailer for removal. The commission did not vote; instead members directed staff to work with Sanford to document the maintenance plan and to circulate the plan to the adjacent owner as a courtesy and record of the intended activity.