A New Bedford-based contractor will face a $6,000 fine for removing 12 public shade trees along Wilson Street without permission from the Town of Dartmouth — the highest penalty for such an infraction. 

The decision was made by the Board of Public Works on Aug. 24 following a public hearing on the matter.

According to Director of Public Works Tim Barber, the trees were removed in May as part of home construction on 464 Elm St, which abuts Wilson Street. 

This was done without permission from the town, as under state law, a public hearing is required prior to removal of any public shade tree.

Attorney Marc Deshaies, who represented property owner Michael Tavares at the meeting, blamed contractor Scott Moniz for the violation.

“[My clients] hired what they felt to be a reputable landscaping-tree company,” Deshaies said. “[The contractor] should have known the laws.”

Moniz apologized for the unpermitted tree removal, saying that such meetings had never been requested when doing other work in Dartmouth.

“We’re aware of it now,” he said.

While there were discussions to possibly fine Tavares as well, the board decided that fining Moniz was sufficient.

“I don’t think Mr. Tavares knows anything about mass general law, chapter 87,” Board Member Ronald Labelle said, referring to the statute on public tree removal. “Anyone who is in the business of cutting down trees sure as heck should [know it].”

Many residents who live on or near Wilson Street spoke out during the meeting, saying the penalties imposed were not enough.

“The neighborhood has now been scarred,” said resident Anthony Morris. “By not applying the fine to both the contractor and the owner, you’re basically telling owners, ‘I can reduce my IQ, I can be dumb, I just have to have enough money to pay the fine.’”

Additional penalties are possible, Board Chair Robert Almy said, but those would have to be approved by the board at a future meeting.

Residents also decried the property owner’s plans on how to replace the trees. 

The plan is to replant six trees: three along Wilson Street and three along Gould Street, which is not in the boundary of public roads. Residents at the meeting said all 12 trees should be replanted along Wilson Street.

They also voiced displeasure with the types of trees that would be planted. According to the plans, the new trees would be species such as dogwoods and magnolias, not the black locusts that were removed.

“Those are ornamental trees,” said resident Amy Haley.

Ultimately, any plans for the property must be approved by the Department of Public Works. Almy said that residents concerned about the plans can send their written comments to the department for consideration.

Plans will be posted on the DPW’s page on the town website.