HomeMy WebLinkAbout2021-07-21-TREE-min Tree Committee Meeting — 7:30 AM July 21, 2021
Attending: Gerry Paul (Co-chair), Nancy Sofen, Gloria Bloom, Jim Wood, Marty Kvaal, Mark
Conner, Mark Sandeen (Select Board liaison), Marcia Gens (Lexington Green Network). Absent:
Pat Moyer, Jim Wood
Agenda Items:
1. Appointed Gerry Paul scribe and approved the June24, 2021 minutes
2. Tree Bylaw Enforcement— Nancy presented the July 16 responses (see attachment)
from Dave Pinsonneault to her July 10 clarifications of earlier questions (see
attachment). Discussion then generated follow-up issues and questions that Nancy will
send to Dave Pinsonneault. The issues concerned:
a. Planned enforcement related to large trees and tree protection for open building
permits
b. Have mitigation payment calculations for unplanted inches taken into account
the double replacement inch requirement?
c. Stronger steps to ensure tree protection during construction
d. Request for the up-to-date bylaw activity spread sheet
e. Request for review of all bylaw permits open in 2021.
For completeness,the initial report and subsequent emails concerning tree bylaw
enforcement are attached:
1. Report to the Tree Committee on Tree Bylaw Enforcement Concerns 6.9.2021
2. DPW Director Response to Report 6.17.2021
3. Follow up questions, responses and clarifications 7.16.2021
Attachment 1
Report to the Tree Committee on Tree Bylaw Enforcement Concerns
In the course of developing amendments to the Tree Bylaw for 2021 Annual Town Meeting, I
reviewed tree removals on construction sites covered by the Tree Bylaw for 2019 and 2020.
This research along with follow-up conversations with the Tree Warden Chris Filadoro brought
to light some areas of concern about current enforcement of the Tree Bylaw.
• For certain locations I found discrepancies between what is shown on plot plans and
reported in the Tree Warden's spreadsheet summarizing bylaw activity and what is
observed when looking at the sites. Appendix A documents in detail my observations
for the following 5 sites that fell under the bylaw in 2019-2020.
1. 19 Locke Lane
2. 198 Bedford Street
3. 193 Bedford Street
4. 16 Grapevine Road
5. 82 Spring Street(3 Underwood)
In four of these cases (1-4) the bylaw activity spreadsheet stated that no protected trees
were removed but it is clear that protected trees, including some large ones, were
removed. In another (5), it appears that a protected 30" oak was removed that was not
accounted for. The red circles on the plot plans were added by me, indicating the
protected trees that were removed but not reported.
The current bylaw does not mandate reporting of activities (tree removals,protection
measures for remaining trees, mitigation plantings or permit or mitigation fees paid) at
sites where the Tree Bylaw applies. It is very difficult to trace what actually occurred,
and it is possible that what appears to be lack of enforcement is simply lack of
documentation. However, if the removed trees were in fact not accounted for during
bylaw site visits, they represent underpayments of at least $4,240 in permit fees and
$46,300 to the Tree Fund. DPW Director Dave Pinsonneault has stated that the DPW
will not look into what happened at these sites.
• The Tree Warden has stated that that when a laige (24" DBH or greater) protected tree is
removed, he asks the builder to replant from the Large Shade Tree list but does not ask
for double payment to the Tree Fund if the tree is not fully mitigated by replanting as
specified in §120-8 C.
• The current Viewpoint Cloud online permitting application for tree removal permits has
no provision for the extra mitigation required for large trees that are removed, nor for the
extra credit given for replanting using large shade tree species.
• The Tree Warden does not require as a routine matter that a builder take the protection
measures described in §120-8 C and Section VIIIB in the Tree Management Manual for
trees left on the site. He has stated that he speaks to builders if there is a complaint that
trees are being harmed; he has discretion over whether remedial or punitive action is
taken if the builder still does not comply with the bylaw. Photos taken this spring of
some sites where setback trees are not being properly protected are shown in Appendix
B.
1
• In a prior Tree Committee meeting we discussed the apparent shortfall of tree removal
permit fees collected from 2017-2020, when the inches of protected trees removed
reported by the Tree Warden was compared to the amounts reported received by the
Finance Office. DPW Director Pinsonneault worked with the Finance Office to
investigate and found that a single check or credit card deposit to the Town's general
funds may be made in payment of multiple fees by a builder, without necessarily
itemizing those payments. He stated that he is confident that fees are being collected and
acknowledges that better tracking may be a reasonable goal in the future.
Implementation of the amendments to the Tree Bylaw passed at spring 2021 Annual Town
Meeting should help address some of the issues noted here. The Tree Committee expects to
work with the DPW and the IT Department to ensure that the Viewpoint Cloud permit
application captures both the replacement inch calculation for large trees and the large shade tree
planting credit. The post-construction spreadsheet to be provided by builders that lists all
removed and newly planted trees will facilitate uniform compliance with the bylaw and more
accurate and accessible records of bylaw activity. Currently I am not confident that trees
removed under the bylaw are adequately mitigated, and I am quite sure that trees remaining on
the site are often not adequately protected from damage.
Respectfully submitted,
Nancy Sofen
June 9, 2021
2
APPENDIX A: BYLAW ACTIVITY DISCREPANCIES
1: 19 Locke Lane (by Westview Homes)
Plot plan submitted February 2019 shows no trees marked
for removal, and the Tree Warden's 2019 summary
spreadsheet states no trees were removed at this address.
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The property sold in December 2019 for$2.5M.
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No trees were marked as hazards, and it appears that the
following protected trees were removed: 1@30" (= 60
replacement inches), 1@22", 3@18", 1@14", 2@12",
1@10", 1@8", 5@6" for a total of 222".
Google street view shows that 9 new trees were planted.
One is a spruce, four are Callery Pear, one is a small
ornamental Japanese Maple and the others are blocked
from view by a fence. Assuming those 3 are large shade
tree species, that totals 39 inches of mitigation planting.
Proper mitigation would have required further payment of
at least $18,300 to the Tree Fund and there should have
been application fees of$1,920 paid to the town.
3
2: 198 Bedford Street (by Westview Homes)
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Plot plan submitted February 2019 shows no trees marked
for removal, and the Tree Warden's 2019-2020 summary
spreadsheet states no trees were removed at this address.
The property sold in July 2020 for $1.9M.
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No trees were marked as hazards, and the following
protected trees were removed: 1@40"(80
replacement inches), 3@24"(48 replacement inches
each), 1@14" for a total of 238 replacement inches.
Three trees from the large shade tree list were
planted,for 18" of mitigation planting, leaving
A $22,000 owed to the Tree Fund in mitigation
payment and $1,260 owed to the town in permit
1
application fees.
The remaining 24" oak has since been removed, and
in spring 2021 the 40" oak is exhibiting some decline.
Were protection measures taken?
4
3: 193 Bedford Street (Lexington Development Associates LLC)
Plot plan submitted May 2019 shows no trees marked
for removal, and the Tree Warden's 2019-2020 "-
summary spreadsheet states no trees were removed at -
this address. The home was listed for sale in November
1J,274 SF
2020 for $1.45M.
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No trees were marked as hazards, and the lot was
cleared with the following protected trees removed: a
1@24"(48 re lacement inches 1@21". 1@14"; 1@10"Y
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1@7" for a total of 100 replacement inches. PROPOSED
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large shade tree species. It is not clear whether
mitigation was complete through replanting. PermitF.,
application fees owed to the town would be $760. ° �
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4: 16 Grapevine Avenue (by Adish Properties LLC)
Plot plan submitted in 2019 shows no trees marked for
removal, and the Tree Warden's 2019-2020 summary
spreadsheet states no trees were removed at this address.
The property sold in January 2021 for $1.5M.
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protected trees (whose sizes are not given on the plot plan)
were removed.
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5: 82 Spring Street (3 Underwood) (by Seaver Properties LLC)
The builder of this house, which sold for$2.2M in
September 2020, did a very nice job of preserving several
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large shade trees. Notations on the June 2019 plot plan
and in the Tree Warden's summary spreadsheet state that
� 50" of protected trees were removed. One dead tree was
marked on the plot plan.
A 30" oak (60 replacement inches) marked TBR on the
plot plan was in fact removed. It was not labeled a
hazard, nor was it included in the total inches to be
mitigated. Removal of this protected tree would have
required $300 in application fees and mitigation of 60" by
replanting or payment to the Tree Fund of$6,000.
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APPENDIX B: TREES IN SETBACK LACKING PROTECTION
FROM DAMAGE DURING CONSTRUCTION
8 Eliot Road
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Attachment 2
Gmail-tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view�pt&search=all...
MGmal I Gerry Paul <gerrypaul01@gmail.com>
_______________________________________________________________________________________________________________________________________________________________________________________
tree questions
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
David Pinsonneault<dpinsonneault@lexingtonma.gov> Thu, Jun 17, 2021 at 2:22 PM
To: Nancy Sofen <nsofen@gmail.com>
Cc: Gerald Paul <gerrypaul01 @gmail.com>, Marc Valenti <mvalenti@lexingtonma.gov>, Christopher Filadoro
<cfiladoro@lexingtonma.gov>
Dear Nancy,
Here are the responses that we have.
16 Grapevine: The plot plan identifies three locations without DBH, these were large shrubs that were in the setback
with nothing larger than 6" removed.
198 Bedford Street: The builder claims that there were a few trees that were in very poor condition that he removed.
Chris did not have a chance to deem them hazards or not hazards and is following up with the builder with regards to
next steps.
193-195 Bedford Street: This project has not been closed out yet. There was an additional site visit that was done
after the first one that approved the removal of a dead and hazardous tree that was not noted on the plot plan. Chris
is working with the builder on next steps.
3 Underwood Ave: This property was originally submitted as a Spring Street address and the side setback was only
15' and did not capture the large oak tree at that time. Chris has spoken with the builder and they are aware that they
will need to pay additional fees for both the removal and mitigation of this tree.
19 Locke Lane: The Builder noted that there were no trees being removed at the time of demo and says that the
owner wanted them removed after the house was removed and the builder did not check back in with the Town.
When there are no trees agreed to for removal we do not do a follow up site visit as there is no planting or mitigation
requirements. Chris has reached out to the builder and they are aware that they will need to pay additional fees for
both the removal and mitigation of the trees.
Please contact me with any questions or concerns. Thank you.
David
1 of 2 7/18/2021, 11:15 AM
Gmail-tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view�pt&search=all...
i9«um 1. 9iwawwaua, esgm, usq
DPW Director
Lexington DPW
Samuel Hadley Public Services Building
201 Bedford Street
Lexington, MA 02420
Ph: 781-274-8314
Fax: 781-274-8392
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2 of 2 7/18/2021, 11:15 AM
Attachment 3
Gmail-Fwd: Tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view=pt&search=dra...
Follow up questions, responses and clarifications
(Follow up questions in black, Dave R initial responses in blue, Nancy's clarifications in green, Dave's
responses to clarifications in red).
From: David Pinsonneault<dpinsonneault@lexingtonma.gov>
Date: Fri, Jul 16, 2021 at 2:20 PM
Subject: RE: Tree questions
To: Nancy Sofen <nsofen gmail.com>
Cc: Marc Valenti <mvalenti c@lexingtonma.gov>, Christopher Filadoro <cfiladoro d7lexingtonma.gov>
Response are below in red.
From: Nancy Sofen [mailto:nsofen gmaii.com]
Sent:Saturday,July 10, 202110:49 AM
To: David Pinsonneault<dpinsonneault@lexingtonrna. ov>
Cc: Christopher Filadoro<cfilad oro@lexin tonrna.gov>; Marc Valenti <mvalenti lexingtonma.gov>; Gerald
Paul <gerryp bu.edu>; Mark Connor<mark r connorarchitecture.com>
Subject: Re:Tree questions
Hi Dave,
My clarifications are in green. We would appreciate your responses by Wednesday morning so that we can discuss
this at Thursday's Tree Committee meeting.
Responses to your questions:
1. Please clarify the sequence of events relative to the trees in question at 198 Bedford Street. The site
was inspected before the permit was issued and at that time there were no trees being requested for
removal. This property was signed off electronically because there were no trees to be replanted. Since
the Bylaw's inception sites that have no trees being removed have not been revisited. Given that there
was an issue here and in order to not have this issue reoccur Chris will be revisiting all sites prior to a CO
to ensure proper adherence to the Bylaw.
2. Was the final sign off prior to issuance of the Certificate of Occupancy for 19 Locke Lane and 198
Bedford Street performed by the Tree Warden?These properties were signed off on by the tree warden
and were not given a physical final inspection because there were no trees to be replanted. Since the
Bylaw's inception sites that have no trees being removed have not been revisited. Given that there was an
issue here and in order to not have this issue reoccur Chris will be revisiting all sites prior to a CO to
ensure proper adherence to the Bylaw.
3. Why has the replacement inch provision of the bylaw not been enforced fully since its adoption in
2017? Please clarify this question. ..i..he Ibylaw as written uses a table t1hat defines"replacement inclines"for
trees 24" and larger as 2.x the ID11311 I of the tree, and iit"s these re1n11aceirnent inches that have to The rnitigated„
On Chris's tree lbylaw activity s1preadshe t, the green sheet, and on the plot plans, Chris consistently has
calculated the inumber of inches to loe irniitiigated witlhoi,..ut regard for whether the tr(.-a,es are 24.°" or larger. Why
lhave the additional replacement inches for trees 24"ID11311 I or greater not 11-.) en taken into account? Chris
has been using the replacement inches without doubling based on the commitment of the builder to replant
from the approved list which gives credits for doing so. This made it easier to implement and track but 1
2 of 3 7/19/2021, 11:51 AM
Gmail-Fwd: Tree questions https://mail.google.com/mail/u/O?ik-4888d66222&view=pt&search=dra...
have instructed Chris that any future sites will be calculated as per the bylaw and credits given upon
completion.
4. Why has the protection of remaining trees not been enforced?When we see or have been made
aware of an issue then we use the Tree Bylaw language to enforce this, since the bylaw has begun we
have had very few issues reported about protection. Moving forward we will ensure trees in construction
areas will have proper tree protection. rhero are cuirreint Ibuilldiing sites that 11ree Cornrnill,Il.ee members have
expressed concerns aboiut Iprote,ction measures, and Chris's res1ponse has IDen "I've slooken to the
builder".. In a nuinnIaer of cases there, has been ino irernnedy for the situation. Why was there inot irnmedial:e
cornpliance, and have imeasn.are s described in 120.8.11::.::: been talken? I have instructed Chris to ensure he
goes over the protection requirement with the builders and follow-up to make sure it is installed. The
handout you will be sending us will be very helpful. Chris is out next week and will address these sites
beginning on July 26th requiring the proper protection be put in place. Marc is also out the first part of next
week and he will check the sites as well.
5. How will the current Tree Bylaw be enforced? The bylaw is being enforced and will continue to
be. See 93 and 44.
6. Will you agree to transparency and reporting of 2021 bylaw enforcement? Please clarify this
question. Untill the inew VieVVj',)oint suj,.)j,,)oiI,is irnplernented, what information about 2021 loylaw actiivity willll
theIl:: IFIVV provide to the 11 iree Committee? rhis coulld include tree removal apl'Nications, plot plans, green
sheets, monthly updated bylaw acll.iviity sjpreadsheell,s, tree protection penalties levied, and application fees
and mitigation payments charged.. As we spoke yesterday staff will be developing a spreadsheet to track
information related to the bylaw. This will be done in the next week or two and sent to the Tree Committee
for review and edits. Once agreed to we will implement that to gather the information.
3 of 3 7/19/2021, 11:51 AM