Why It's Not A Good Idea 
To Cut Down Trees 
in the Community Open Space.

Great Island is an open space community with almost 70% of its total acreage being undisturbed forest. It's one of the things that make this place special and one of the reasons people are drawn to this community.

The community open space* is a recreational amenity to be enjoyed, in it's natural state, by the entire community. This is not an opinion, it is a covenant made to every homeowner when they purchase property in Great Island. You have no right to disturb this area, regardless of your rationale. Here's why;

1. It's prohibited under community rules.

   You signed on to the deed restrictions when you purchased property in Great Island. This creates a legal obligation on your part. The community documents are absolutely clear on this issue;

   1. The Del Webb sales team is trained to inform prospective buyers that they are not allowed to cut down trees in the undisturbed open space areas of the community. I was told this a half dozen times during the year that I was in the purchase process and neighbors that I have discussed this with have said that they had a similar experience.
   2. All buyers are given a copy of the 'Supplemental Declaration of Covenants, Conditions, and Restrictions for the Great Island Community' (CC&R) when they signed their Purchase Agreement. Section 6.5 of the CC&R states that;

      "Altering, removing or otherwise destroying grasses or other vegetation, or the cutting, removing or otherwise destroying trees in the Undisturbed Open Space Area shall be permitted only with the approval of the Association, the District Association and, if required by applicable law, regulation or permit, the Planning Board of the Town of Plymouth."

   3. All buyers are given a copy of the 'Design Guidelines' when they signed their Purchase Agreement. Section II.C.2 of the Design Guidelines states that;

      "Certain areas have been designated as open space, wetland or preserve on neighborhood plats and shall be maintained as required by regulatory authorities and as described in specific permit conditions and in the Supplemental Declaration. No Home Owner or resident may mow, fertilize, apply pesticides to, maintain, alter or modify any area not owned by the Home Owner, including areas set aside as open space or preserve.

   4. All buyers are given a copy of The Pinehills 'Initial Use Restrictions and Rules' when they signed their Purchase Agreement. Section 1.3.1 of the Rules states that;

      "No activities shall be conducted which materially disturb or destroy the vegetation, wildlife, wetlands or air quality at Pinehills or which results in unreasonable levels of sound or light pollution."

   5. The "New Homeowner Orientation" meeting that every new owner is required to attend emphasizes that you are not allowed to cut down trees in the community open space.
   6. In a July 26, 2006 memo mailed to all Great Island Owners, the management company reminded owners of the Design Guideline prohibition against modification of the open space and added that;

      "In the event there are landscaping modifications without approval from both the Great Island Homeowners Association and The Pinehills, the homeowner may be required to restore the area item in question back to its original state."

2. It's not your property.

   The community open space belongs to the community, it does not belong to you. You are violating my property rights when you alter the community open space.

1. Everyone who purchases property in Great Island is given a copy of their plot plan which clearly defines the dimension of their lot and indicates the location of the community open space which abuts their property.
2. Everyone understands the legal principal of private property. You have no more right to cut down a tree in the community open space than I have to cut down the tree in your front yard. 

The community has put significant effort into protecting the community open space but despite its efforts, this continues to happen. This should be a concern to all owners.

NOTE: The 100' buffer zone around Great Island Pond and around the three vernal pools located within Great Island's community open space are protected by state law. You can add jail time to the sanctions imposed by the community if you disturb these areas.

* The 'community open space' is technically owned, at present, by Pulte Homes, Inc. (d/b/a Great Island Community, LLC) during the Builder Control Period and not by the Great Island Homeowner's Association.