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HomeMy WebLinkAbout2024-01-11-TREE-min Lexington Tree Commi?ee Minutes 1.11.24 1.Mee?ng was held on zoom and began at 7:32 AM. Present: Mark Connor, co-chair, Pat Moyer, co-chair and minutes, Barbara Tarrh, Gerry Paul, Jim Wood, Nancy Sofen, Gavin Grant. Also present: Alicia Morris, Charles Hornig, Charlie Wyman, Joe Pato (ex-officio). 2. Minutes of 11.26.23, 12.7.23, and 12.21.23 were approved unanimously by vote. 3. We reviewed most recent itera?on of our proposed Bylaw Amendments, now named Ar?cles 34, 35, 36, presented by Nancy Sofen. (appended). Discussion centered mainly around the wording of Ar?cle 35, meant to ensure some mi?ga?on plan?ng at construc?on sites; occurs in) street frontage areas; and whether the details of the proposed changes were in scope (which at the end we felt they were, but this will be reviewed by the Moderator). 3. Barbara Tarrh reported on the mid-mee?ng with Dave P which occurred yesterday. a. She noted that 7 London Plane (Plantanus Hybrida) trees planted at Diamond under the direc?on of Shawn Newell, to encourage teachers NOT to park in a certain area, were planted too closely together and are likely to do poorly. She will work with Shawn to get them be?er spaced. b. Replacement for elms removed this fall from Depot Sq.(they were judged to be too suscep?ble to dropping limbs, and rot was discovered inside). Dave men?oned replacements might include Kentucky Coffee Trees, or oaks, possibly scarlet oaks. It was recalled that Dave had previously assured us a part in selec?on of the replacement. It was also recalled that we have minuted a desire to be part of all tree selec?ons on public land. We are s?ll commi?ed to that enterprise. As such, Mark and Pat will write to Chris and Dave, sta?ng same. We’ll come prepared to next mee?ng ready to discuss possible selec?ons for this area. c. The mee?ng with IT regarding deficiencies in the tree permit document will hopefully occur a?er Tim Goncalves returns from paternity leave, week of 1/22. Dave will inform us. d. Discussion of plan?ngs around new roundabout of Bedford/Hancock/Harrington—those islands will have no trees; vegeta?on will be selected by DPW and Garden Club. A bumpout at Mass Ave and Harrington may have trees; we would hope to be part of selec?on (see b). e. Landscape design for the yard in front of the visitor center. Di?o. The 2011 master plan for the Ba?le Green, approved by the Select Board, does not include these grounds. f. There is a plan to have a mee?ng between Building Inspector, Chris F., and Nancy g. Mark floated his idea for a 2025 bylaw ini?a?ve to expand the Tree Protec?on zone to the first 10 feet of the setback (ie beyond the ROW). h. Dave will be on 2 of the groups par?cipa?ng in planning for the new LHS: site safety, and sustainability. Mark noted that the area of construc?on is con?guous with much publicly used park-like land and walking trails, and that the site should conform to those uses. 4. Jim Wood reported on work with Chris re spring plan?ng season. Dave commented yesterday that that work has been well-received and is going well. 70 trees for the spring have been ordered—30 large shade trees, and 40 understory trees. They plan for DPW to use 3900 household email addresses, plus 1000 emails garnered by the Tree Statement of Concern group, to adver?se openness to plan?ng sites either in the setback or on street sites. We asked about the 30-40 trees that were supposed to be planted this spring to make up for the low numbers in the fall. Those trees are not in the spring plan?ng plan. We suggested further no?ce of available sites might be made in the weekly “Link to Lexington” or some other public communica?on. 5.Pat updated the group on the progress of the Bylaw Enforcement Working Group, which meets weekly on Wed. evenings. Most recently discussed; tree protec?on, the tree permit,and a process map for the permit process. The proposal for improving tree protec?on is complete and will be sent by Mark to the Town Manager for review. 6. At some point there will be a TMM Info session, at which we will need to present the ra?onales behind our Bylaw Amendment proposals. 7.Barbara reminded us that spring events include celebra?ons of Arbor Day and Earth Day. Good idea for us to link with Garden Club, DPW, and offer some baby trees. To be discussed in February mee?ng. 8. Mee?ng adjourned 9:58 AM. Tree Committee Articles and Draft Motions Articles were approved by unanimous vote of the Lexington Tree Committee on Dec. 21, 2023. In the motions, bylaw language deletions are struck through and additions are noted in red. Any bylaw text not included in these motions is to be left unchanged. Our preferred order for Town Meeting to consider these would be 34, 36, 35 Article 34 – AMEND GENERAL BYLAWS – Tree Protection Plan To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to require the participation of a certified arborist in the preparation of a tree protection plan; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) Description: This amendment requires that a certified arborist provide a tree protection plan for protected trees that are not removed and for Public Trees in the right-of-way of a property under construction. It further requires that the certified arborist affirm that protections are correctly installed before site work begins, that trees survive for one year after construction. Draft Motion for Article 34: Motion: That the Town’s Tree Bylaw, Chapter 120 Sections 3A, 8B, 8D and 10 of the Code of the Town of Lexington, be amended as follows: Amend § 120-3 Definitions as follows: A. Add CERTIFIED ARBORIST An arborist who is certified by the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association. Amend § 120-8 Protected trees as follows: § 120-8 Protected trees B. Procedures. When major construction or demolition is planned, the owner of the property shall submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor, showing all existing trees on the property of six-inch DBH or greater. The owner shall also submit the tree species, if known, location, DBH for all trees on the property of six-inch DBH or greater, whether or not they are proposed to be removed, and for any trees six inches DBH or greater that are proposed to be removed, the reason for removal and alternatives to removal considered. The owner shall also submit to the Town a tree protection plan prepared by a certified arborist for any Protected Trees that are to be retained on the site and for any trees in the Town right of way. \[Amended 4-4-2007 ATM by Art. 13; 3-19-2008 ATM by Art. 37; 3-27-2019 ATM by Art. 34; 4- 14-2021 ATM by Art. 33\] (2) The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation and tree protection requirements herein and the rules, regulations or manuals issued by the Select Board, the Tree Warden will issue a permit within 10 business days of receipt by the Tree Warden of the proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements, the Tree Warden shall so notify the applicant and deny the permit. D. Trees not removed. Trees that are to be left on the site and trees in the Town right-of-way must be protected as specified in Section VIIIB in the Tree Management Manual. These protection measures shall be delineated within a Tree Protection Plan prepared by a Certified Arborist and submitted to the Town, shall be installed prior to commencement of any site work, and shall remain in place until the site is ready for final landscaping. The applicant shall submit to the Town written documentation, prepared, dated and signed by a Certified Arborist, certifying that the required tree protections identified in the Tree Protection Plan have been installed. The plan (or any amendment) may allow for temporary encroachment within the critical root zone and/or drip-line of a Protected Tree, as necessary, provided it specifies mitigating measures the applicant shall take, including a maintenance plan for the tree. (1) Each Protected Tree or Town Tree retained shall be maintained in good health for a period of no less than twelve (12) months from the date of issuance of the Certificate of Occupancy. Should the tree die within this twelve (12) month period, the owner of the property shall be required to provide mitigation consistent with the requirements for the removal of a Protected Tree as contained herein within nine (9) months from the death of the original tree. \[Added 4-4-2007 ATM by Art. 13; amended 4-5-2017 ATM by Art. 37\] E. Failure to protect trees not removed. (5) Upon notice from the Tree Warden that work on any property on which a Protected Tree is located is being performed contrary to any applicable Tree Protection Plan or any provision of this Chapter, such work shall be immediately stopped by the Building Inspector or a designee of the Building Inspector. The stop work order shall be in writing, and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work will be permitted to resume. Article 35 – Require mitigation planting in certain instances (our preference is to consider this last) To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees to require planting of trees as part of mitigation for removal of trees; or act in any other manner in relation thereto. Description: This amendment would mandate tree planting when protected trees have been removed, with no option to pay a fee in lieu of replanting in certain circumstances. There is also a requirement that trees planted as mitigation survive for at least one year. Draft Motion for Article 35 Motion: That the Town’s Tree Bylaw, Chapter 120 section 8C of the Code of the Town of Lexington, be amended as follows: Amend § 120-8 C Mitigation as follows Add (5) It is required that a minimum number of trees shall be replanted in the front setback and/or the Town right-of-way and cannot otherwise be mitigated by paying into the tree fund. This required number of replanted trees shall be the lesser of i. that needed to satisfy the mitigation requirements for protected trees removed, and ii. that needed to achieve the desired minimum street-frontage tree spacing, as described below, subject to the availability of planting sites. The desired minimum street-frontage tree spacing is achieved when there is no greater than a 35' gap in between trees located in the combined area of the Town right of way and the front setback of a property, as measured along the street frontage. An available planting site shall conform to Tree Planting Guidelines established by the Tree Committee and approved by the Select Board. Planting may occur in the Town right-of-way with permission of the Tree Warden. Replanted trees shall be selected from the Large Shade Tree list, unless there are mitigating circumstances as delineated in the Tree Planting Guidelines. (6) All new trees planted to mitigate the removal of Protected Tree(s) shall be maintained in good health for a period of no less than 12 months from the date of issuance of the Certificate of Occupancy. If a replacement tree dies within this 12 months period, the owner of the property shall be responsible for replacing the tree with a tree equal to or greater than the size of the original replacement tree at the time of planting; such tree shall be planted within nine (9) months of the death of the original replacement tree. Article 36 - GENERAL BYLAWS - Exemptions To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees to specify the requirements under which town boards, committees or officials may grant an exemption under the Tree Bylaw; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) Description: This amendment would further specify the requirements for exemption from the bylaw for hazardous trees and certain invasive tree species. Draft Motion for Article 36 Motion: That the Town’s Tree Bylaw, Chapter 120 sections 3A, 9B and 9C of the Code of the Town of Lexington, be amended as follows: Amend § 120-3 Definitions as follows: A. CERTIFIED ARBORIST An arborist who is certified by the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association. Amend § 120-9 Emergencies and exemptions as follows: Provisions of this bylaw shall not apply to: B. Trees that are hazardous as determined in writing by the Tree Warden; Trees that in accordance with a Level 2 ISA, BMP Tree Risk Assessment submitted to the Town, have a high or extreme overall tree risk rating for which no alternative reasonable mitigation of the risk exists other than by the removal of the tree as determined in writing by a certified arborist. C. \[1\] Ailanthus altissima (Tree of Heaven). (Reserved) \[1\] Editor’s Note: Former Subsection C, which excluded invasive tree species, was repealed 3-22- 2010 ATM by Art. 27.