Gunstock Acres Common Property Trust Green Space Policy

GREENSPACE TREE MODIFICATION POLICY Updated 4/23

Introduction 

Gunstock Acres is a rural, wooded community nestled in the Belknap Mountain Range overlooking  Gilford, Lake Winnipesaukee, and the Gunstock Mountain Resort. The original developers of the  community wisely designated parcels of land throughout the community as Greenspace designed not  only to provide a buffer between homes, but to provide a wooded habitat for wildlife and to preserve  the rural, wooded nature of the community. Gunstock Acres Common Property Trust (“GACPT”) owns  these parcels of undeveloped land in and around the Gunstock Acres community (the “Greenspace”).  The parcels can be identified via the Town of Gilford GIS (currently at  https://www.axisgis.com/GilfordNH/) by searching for property owned by the ‘Gunstock Acres Common  Property Trust.’ The GACPT is governed by a Board of Trustees (the “GACPT Board”). 

The overall goal of this policy (the “Policy”) is to develop rules and requirements that balance the need  for removal and/or pruning of trees in the Greenspace to enable views from properties in Gunstock  Acres while still preserving a healthy, wooded forest for the Gunstock Acres community. As such,  selective removal and pruning of trees is permitted, but only when evaluated in the context of the  maintenance of a healthy, wooded forest for the enjoyment of the Gunstock Acres community. 

GACPT regulates all removal and pruning of trees or other materials in the Greenspace. Any individual  who wishes to remove or prune trees in the Greenspace (“Tree Modification”) must apply for and be  granted a permit under this Policy. Any modifications to the Greenspace without such permission will be  subject to civil penalties and, if applicable, criminal prosecution.  

This Policy and these restrictions only apply to Greenspace land owned by and managed by GACPT.  GACPT has no authority and no control over land not owned by GACPT including, for the avoidance of  doubt, any property owned by individual landowners in the Gunstock Acres community.  

Application Process 

Applications and permits can be obtained by emailing the Greenspace Committee at greenspace-committee@zenzu.com. Copy of Greenspace application only

Any individual wishing to perform Tree Modification (an “Applicant”) in the Greenspace must submit an application and must obtain a permit for Tree Modification (a “Permit”) in a form substantially similar to  Exhibit C  prior to removing or pruning trees in the Greenspace.  

The Tree Modification Application form (the “Application”), shown in Exhibit A  must be delivered  to GACPT along with two separate checks: 1) a non-refundable application fee of $50 and 2) a deposit of  $2,500. The application fee will be cashed immediately by GACPT, but the deposit check will be cashed 

only if the Applicant deviates from this Policy or the plan outlined in the Application. The Application  and both checks must be sent to: 

GACPT 

PO Box 1687 

Laconia, NH 03247-1687 

The application fee is designed to defray the out-of-pocket costs (administrative support, postage costs,  etc.) incurred in reviewing and processing the Tree Modification Application and, if appropriate, issuing  a Permit. The deposit is to ensure proper compliance with this Policy and the Application.  

Prior to submitting the Tree Modification Application, the Applicant must send a formal notice of the  Tree Modification request to all Abutters (each an “Abutter Notice”). For the purposes of this policy, an  “Abutter” means any person whose property adjoins or is directly across the street or stream from the  Greenspace parcel proposed for Tree Modification and whose property is within two hundred (200) feet of the proposed Tree Modification. For the avoidance of doubt, both of these conditions must be  met for a property to be considered an Abutter under this Policy. 

Each Abutter Notice must be delivered to the Abutter’s address of record (as shown on the Gilford GIS  website); must be sent via either courier or USPS Priority Mail with delivery tracking; must include a copy of the full Application; and must include the response form included in Exhibit B below (an  “Abutter Response Form”) along with a postage-paid return envelope addressed to the Greenspace  Committee at: 

Greenspace Committee 

c/o GACPT 

PO Box 1687 

Laconia, NH 03247-1687 

Review Process 

Once a completed Application (including the associated payment) has been received and at least  twenty-one (21) calendar days have elapsed after the documented issuance of the Abutter Notices, the  Greenspace Committee will convene within fourteen (14) days to evaluate the Application.  

1) If the Application is incomplete, requires further clarification, or requires modifications to  confirm with this Policy, the Greenspace Committee will inform the Applicant. Once the  Applicant has resubmitted materials, the Greenspace Committee will have up to a further  fourteen (14) days to evaluate the updated Application and make a revised determination. For  the avoidance of doubt, no additional application fee will apply for such updated Applications.  

2) If the Application is complete, the Application conforms with this Policy, and no objections have  been raised by Abutters, the Greenspace Committee will forward the completed Application to  the GACPT Board for their review and final decision. The GACPT Board will notify the Applicant  of the Board’s final decision, as well as notify the Greenspace Committee. 

3) If the Application is complete, the Application conforms with this Policy, but objections have  been raised by Abutters, the GACPT Board will evaluate, in their reasonable judgement all the  available facts and materials at hand to determine if the Application is to be approved or  rejected. The GACPT Board will, within thirty (30) days, either issue a Permit or reject the 

Application. If the Application is rejected, GACPT Board will provide the applicant a reasonable  amount of detail on the reason(s) for rejection. For the avoidance of doubt, this evaluation will  consider both the rationale for the Application and the rationale for each objection in  determining the most appropriate course of action given the circumstances. The GACPT Board may also ask the Applicant to accept any modifications to address any objections raised in the  interest of identifying a suitable compromise. 

Any Greenspace Committee Member and any GACPT Board member with an interest either as an  Applicant or an Abutter on any given Application must recuse herself/himself from the evaluation  process and arbitration process (if applicable). Only disinterested Members of the Greenspace  Committee and the GACPT Board may be involved in the processing of any Application.  

Finally, note that no individual household may perform Tree Modification on a given Greenspace parcel  any more frequently than once every three (3) years. Any Applications submitted by a property owner  within three (3) years of the issuance of a Permit on the same parcel of Greenspace land will be  automatically rejected. For the avoidance of doubt, this restriction does not apply to Emergency Tree  Modification as outlined below.  

Permits 

The Applicant will be informed via electronic mail (if the Applicant has specified an electronic mail  address) promptly after a decision has been made. A formal response will also be sent via First Class  Mail to the Applicant including a Permit if the Application has been approved. The electronic mail  notification is only intended as a courtesy; no Tree Modification is allowed until the Applicant has  received a written Permit in the mail. If the Permit has not been received in a timely manner, the  Applicant should contact the GACPT Board for a replacement Permit. 

This Permit must be available to be presented at any time while performing Tree Modification work.  Any member of the public may request to see a copy of the Permit and the Applicant and/or the  Approved Tree Contractor, should be prepared to show the Permit on site. Any Tree Modification  conducted without a Permit on site is not considered approved and will be considered illegal activity  subject to enforcement. 

Permits will be valid for a duration of twelve (12) months from the date of issuance. All Tree  Modification, including any clean up, must be completed: a) within thirty (30) days of commencement of  Tree Modification (unless an exception is granted by the GACPT Board) and b) within twelve (12) months  of the issuance date of the Permit.  

If the Applicant is unable to complete the Tree Modification with the Approved Tree Contractor  specified on the Application, the Applicant may use a different Approved Tree Contractor but only after  submitting a revised Application signed by the new Approved Tree Contractor and receiving a revised  Permit. As long as there are no other changes to the Application other than the Approved Tree  Contractor, no additional fees will apply and the Permit will be valid for the remainder of the twelve (12)  months from Permit issuance.

Surveying 

Prior to conducting any Tree Modification in or around the Greenspace, individuals are strongly  encouraged to hire a state-licensed surveyor or forester to properly flag boundary lines around the  proposed work site. Although fresh flagging of property lines is not a requirement of this Policy, please  understand that, if you perform any Tree Modification in the Greenspace or on property owned by  others (neighbors) without permission, you and any contractor you engage will be legally liable for  Timber Trespass including civil and criminal penalties.  

Commencement of Tree Modification 

Prior to commencing Tree Modification, the Applicant (or the Applicant’s Approved Tree Contractor)  must inform the Greenspace Committee that work is about to commence. This notification can be via  email to greenspace-committee@zenzu.com or via USPS mail to the mailing address listed  above. This notice can be delivered any time prior to Tree Modification and should specify approximate  dates when Tree Modification will take place. 

Tree Modification Requirements 

Removal. Trees comprising no more than fifty percent (50%) of the Basal Area may be completely  removed within any fifty-by-fifty (50 x 50) foot section (a “Section”) of the Greenspace. Trees of any size  and height may be cut down in the Section as long as the total Basal Area in the Section is not reduced  by more than fifty percent (50%). “Basal Area” is the cross-sectional area of all trees in a given Section as  measured at breast height (4.5 feet above the ground); simply stated, basal area is a measure of tree  density on each Section of land. This is a conscious decision to provide flexibility for different  circumstances, but also to encourage the larger trees to be phased out to enable understory trees to thrive.  

For the purposes of tree removal, dead trees are treated no differently than living trees under this  Policy, but will not be included in the calculation of total Basal Area. They may be cut down subject to  the stipulations of this Policy or may be left in place. It should be noted, however, that dead trees  provide an ideal habitat for the wildlife in Gunstock Acres, so careful thought should be given to avoid  unnecessary removal of dead trees. 

Pruning. Pruning will only be permitted to preserve views, maintain building clearances, and for safety  reasons. No more than fifty percent (50%) of the total number trees within any Section of the  Greenspace may be pruned. All pruning will be done in a manner consistent with ANSI A300 Part 1 or  similar industry best practice standards. Tree “topping” will not be permitted.  

Prior to submitting an Application, all trees that are planned to be removed should be marked with pink  tape and any trees that are planned to be pruned should be marked with green tape. Note that a  different color of tape from any nearby property line flags should be chosen for these purposes. The  Greenspace Committee, the GACPT Board, and any Abutters may inspect the area proposed for Tree  Modification prior to, during, and after the Tree Modification to determine compliance with this Policy.  Any removal or pruning of trees that have not been properly marked prior to the application process is  strictly prohibited. 

Waste Materials 

All waste material from Tree Modification must be removed from the Greenspace including, but not  limited to, all branches, all tree limbs, and all trunk material (“Slash”).  

If it is not logistically practicable to remove Slash due to access restrictions to the Greenspace, steep  slopes, or otherwise, the Applicant may request an exemption from this Slash requirement by  documenting the logistical challenges in the Application and identifying where Slash will be left. In such  situations:  

• Applicants will be expected to mulch Slash on site if at all possible. 
• If mulching is not logistically possible, permission to leave raw Slash in the Greenspace may be  allowed. 

In any case, any Slash left in the Greenspace (whether in mulch form or otherwise) should be positioned  in areas away from paths, game trails, and property lines; consistent with the New Hampshire Slash Law  (RSA 227-J:10 or its successors) where reasonably practicable; and in conformance with common  arborist and forester best practices to minimize the impact of the Slash on the enjoyment of the  Greenspace. 

Trees stumps should be left as low and flat as reasonably practicable. Tree stump removal is not  required.  

Completion of Tree Modification 

The Applicant must notify the GACPT upon completion of Tree Modification and disposal of Slash  materials. The notice may be sent via email to greenspace-committee@zenzu.com or via USPS  to the mailing address listed above. The GACPT Board reserves the right to inspect the area to  determine if Tree Modification work was completed in compliance with this Policy and the information  provided in the Application.  

Any failure to conform to this Policy and the Application may result in the suspension tree contractor as  an Approved Tree Contractor and/or pursuit of any of the enforcement options listed below. If all Tree  Modification work was completed in compliance with this Policy and the information in the Application  

(or if the Application is withdrawn and the Permit cancelled), GACPT will return the uncashed deposit  check to the Applicant.  

Approved Tree Contractors 

Only Approved Tree Contractors are permitted to perform Tree Modification in the Greenspace. Any  tree contractor wishing to become an “Approved Tree Contractor” must complete and submit the  application form in Exhibit D below to the Greenspace Committee via email at greenspace-committee@zenzu.com or via USPS to: 

Greenspace Committee 

c/o GACPT

PO Box 1687 

Laconia, NH 03247-1687 

In order to be registered as Approved Tree Contractors, tree contractors will be expected to  demonstrate that they minimally: 

• Understand and agree to abide by this Policy; 
• Have the education, knowledge, and/or experience to make recommendations on how to  perform minimally invasive Tree Modification meeting the Applicant’s requirements while still  allowing the forest environment in the Greenspace to thrive; 
• Will contribute to and perform all Tree Modification in conformance with an Application;  • Be willing to assume liability for any errors, defects, damage or actions contrary to this Policy; • Carry reasonably appropriate insurance policies and have added GACPT as an additional insured; • Have reasonably appropriate safety protocols in place; and 
• Are able to properly identify property boundaries. 

Although not required, preference will be given to tree contractors who: 

• Are (or employ) state-licensed foresters 
• Are (or employ) state-licensed surveyors 
• Have arborist certification from the ISA, TCIA, ASCA, SMA, NHAA, or a similar organization 

Broadly speaking, the role of an Approved Tree Contractor is not only to remove or prune trees, but to  advise the Applicant (and the Greenspace Committee and GACPT Board) on the best way to achieve the  Applicant’s goals while having the least impact on the forest ecosystem and continuing to maintain a  healthy forest environment and in compliance with this Policy.  

Any tree contractor may apply at any time to become an Approved Tree Contractor under this Policy.  The contractor does not need to be sponsored by a GACPT member or Applicant. 

For the avoidance of doubt, an Application may be submitted before a tree contractor has become an  Approved Tree Contractor, but no decision will be made on the Application until and unless the tree  contractor is registered as an Approved Tree Contractor. The processes may run in parallel, but both will  need to be completed before a Permit will be issued and, if a tree contractor is not approved, the  Applicant may need to resubmit their materials with a different Approved Tree Contractor. It is  therefore recommended (but not required) that Applicants use an existing Approved Tree Contractor. 

Pre-approved Tree Contractors – The following contractors meet the requirements above and do not need to go through the application process.  They are not recommendations and are not in any way endorsed by GACPT, the Greenspace Committee or the Trustees.  It is up to members to do their own research and determine which tree cutter is best for them.

Arbortech

312 Hounsell Ave, Gilford, NH  (603) 491-5183

Belknap Landscape

Village West,
25 Country Club Road Unit 101 603.528.2798

 

Emergency Tree Modification 

If a tree in the Greenspace poses an immediate and imminent threat to buildings on your property,  access to your property (e.g., driveway), or otherwise could pose an immediate and imminent threat to  any individual, you should contact the GACPT Board at Lilygacpt@gmail.com to request an  “Emergency Limited Tree Modification Permit.” This communication should explain the nature of the threat  and include relevant photos (if at all possible). If approved, an Emergency Limited Tree Modification  Permit will be granted. An Emergency Limited Tree Modification Permit may be sent via electronic mail  or, if possible, delivered in person. For the avoidance of doubt, no application fee is required for such  emergency tree modification.

Such Emergency Limited Tree Modification Permits may be granted by a vote of the majority of the  GACPT Board.  

 

Unapproved Tree Modification 

Any Tree Modification taking place in the Greenspace without a written Permit present will be  considered a violation of New Hampshire RSA 227-J:8, the New Hampshire Timber Trespass statute for  theft and/or reckless damage to timber. Note that the New Hampshire Timber Trespass law allows for: 

• Civil penalties of not less than three (3) and not more than ten (10) times the market value of  each tree that has been modified. As the market value of some of the larger trees in Gunstock  Acres may be in excess of $30,000, civil penalties for illegal Tree Modification may therefore be  as high as$300,000 per tree.  
• Criminal penalties up to a class B felony including up to seven (7) years of incarceration. 

Ensure that you do not intentionally or unintentionally perform Tree Modification in the Greenspace  without a valid Permit. If you are pruning or removing trees on your property, you (or your  contractors) must not inadvertently stray onto the Greenspace. The penalties for such a violation will  be quite severe.  

Enforcement 

If you believe someone is removing or pruning trees from the Greenspace without permission, please  first: 

1) Verify that the removal or pruning of trees is, in fact, taking place in the Greenspace. This Policy  only affects the Greenspace. Activities outside of the Greenspace are subject only to approval by  the owner of the land. 

2) If the Tree Modification is taking place in the Greenspace, confirm that the individual(s)  conducting the Tree Modification does not have a printed Permit for Tree Modification in the  Greenspace. The Applicant and Approved Tree Contractor are required to present the Permit  upon request at any time during Tree Modification.  

If you have confirmed that someone is performing Tree Modification in the Greenspace and does not  have a Permit, you are encouraged to call the non-emergency number for the Gilford Police Department  at (603) 527-4737 and request that they respond to document the activity and file a formal police report  for the incident. Simultaneously, you should then report the incident (including, if possible, a copy of the  police report) to the GACPT Board at Lilygacpt@gmail.com. 

The GACPT Board is not in a position to cause an immediate cessation of unapproved Tree Modification  in the Greenspace, but can and will take appropriate steps to enforce this Policy via civil enforcement  and, if appropriate, criminal action. It is therefore important to have the Gilford Police Department  document the activities and individuals involved to enable the GACPT Board to effect appropriate legal  remedies.

Greenspace Committee 

The Greenspace Committee consists of three (3) volunteers who are current members of the GACPT.  The term of office for each Greenspace Committee Member (each a “Member”) will be three (3) years  from the date of election. The initial elected Members will be elected by the GACPT membership: one  (1) for a one (1) year term, one (1) for a two (2) year term, and one (1) for a three (3) year term. Any  vacancy in the office of a Member will be filled by appointment by the GACPT Board until the next  election by the GACPT membership, and will thereupon be filled by said election. For the avoidance of  doubt, until the first election of Members has occurred, all Members will be appointed by the GACPT  Board. 

Any Greenspace Committee Member may be removed by a majority vote of the GACPT membership at  any special or annual meeting of the GACPT membership, provided that notice of such proposed  removal is contained in the proper notice for such meeting. A Greenspace Committee Chairperson will  be chosen by election of the Greenspace Committee Members. No member of the GACPT Board may  serve on the Greenspace Committee.  

A minimum of three (3) disinterested Members must vote on approving or denying to forward an  Application to the GACPT Board for review and final decision to be made by the Board of Trustees. For  the avoidance of doubt, the vote may be by electronic mail, telephone call, video call, or in person. 

The Greenspace Committee Members will not receive any compensation as part of their contributions  to the Greenspace Committee. The application fee paid to GACPT is used to defray actual expenses  related to enforcement of this Policy.  

Contact Information 

Any questions related to this Policy or questions about the status of an Application may be directed to  the Greenspace Committee at greenspace-committee@zenzu.com. Alternatively, individuals may  contact the Chairperson of the Greenspace Committee at greenspace-chairperson@zenzu.com.