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HomeMy WebLinkAbout2020-07-09-TREE-min Lexington Tree Committee Minutes of July 9, 2020 meeting Meeting was called to order at 7:30 AM. 1. Gerry Paul, chair, read roll call, and read the required statement concerning suspension of the usual public meeting law due to covid-19, and our plan to meet by zoom. 2. Present: Members Gerry Paul, Pat Moyer (scribe), Gloria Bloom, Mark Connor, and Nancy Sofen; Mark Sandeen (Select Board liaison); Sustainable Lexington visitors Charlie Wyman, Rick Reibstein, and Marcia Gens; Dave Pinsonneault(DPW Director); Tree Committee candidates Joel Friedlander and Marty Kvaal Absent: Jim Wood, Chris Filadoro (Tree Warden). 3. Dave Pinsonneault updated us on DPW activity • Fall 2019 planting: Last fall 70 trees were planted. There were some trees slated for Grove St which could not be planted there due to unexpected utility lines, etc but other locations were found for these trees. Dave indicated that Chris will provide an updated list of planting locations. • Spring 2020 planting: Due to Covid-19, there was no real spring planting, though 12 trees were planted at Children's Place and 5 along the bikeway. • Fall 2020 planting: 70 trees are going to be planted this fall. • The Tree Bylaw: 34 sites by the Tree Warden since last fall—34 trees totaling 560 inches were removed—187 trees required to be replanted. Dave will ask Chris to provide the bylaw activity spreadsheet with information about individual sites. • Setback planting; about 20 requests for setback trees are outstanding. Plans are in place to satisfy them. Dave will talk to Julie Laflamme (DPW Operations Department assistant) about maintaining the Google sheets document she has managed in the past. • Tree canopy assessment: DPW submitted an application for a state grant under the Municipal Vulnerability Program. Applied for $30,000 for a Tree Canopy assessment. Staffing and delayed tasks will prevent the DPW from starting on it right away. Grant decision expected perhaps in August. • Tree inventory: Dave indicated that he is not aware of any remaining issues which would impact the completion of the inventory and indicated we should ask Chris for an update. 4. 497 Concord Ave Tree Removal Chapter 87 Determination (42 inch oak street tree). The Select Board gave the Cotting School the right to cut down the tree (4-1 vote, Sandeen dissenting). Extended debate over removing this tree gave the Town the opportunity to understand the value of trees and the validity of tree assessments. We appreciate the positives in this overall negative outcome. A tree appraisal, performed by Matthew Foti, valued the tree at$39,850. Town Counsel initially opined that the Town could not recover this amount because it exceeded the mitigation specified in the Tree bylaw. Gerry communicated to Town Counsel that this was a Town owned tree and the bylaw does not apply. Town Counsel agreed but still recommended that the full value could not be recovered because such recovery was not specified explicitly in state law Chapter 87. He recommended that the Town bylaw could be updated to apply to street trees. Ultimately, Dave Pinsonneault and the town manager recommended using the current tree bylaw as a guide but doubling the calculated mitigation value of$8,400 to $16,800 to allow for the DPW to contract out tree planting using these funds to overcome DPW capacity issues. Dave stated that the planting of trees within this budget of$16,800 will be in addition to the normal planting of 70 trees per planting season. 5. Tree bylaw changes. How can we get people to think before cutting down their private trees? What about using the permit system for trees over a certain size? There is a role for education of the public. Dave commented that there will be political pushback; in the process of passing the bylaw in 2001 there were lots of objections vis a vis private property. Nancy Sofen stressed our role to advocate for ALL TOWN TREES, and for paid personnel to care for them. Public opinion in the face of climate change may be changing since 2001. Rick Reibstein pointed out that towns do have some legal basis for some control over private property. This was discussed. Role for education of citizens about using contractors who value trees also discussed. For instance, property values decline when trees cut down, etc. A subcommittee consisting of Gerry, Gloria, and Mark Connor joined by Rick Reibstein and Marty Kvall will meet to investigate possible alterations to Tree Bylaw. 6. Tree Management Manual. Whose pictures should we include? Nancy and Pat will be in touch with Anne Senning re how she thinks dedications should be handled. 7. Joel Friedlander and Marty Kvaal interested in joining. We heard from each of them. Both have a keen interest in trees and in our environment. 8. Mark Connor brought up a concern about the intent of the original 1960's design for trees in the center that the current design may ignore. Perhaps we should try to replicate in size and shape the trees that were in the 1960's plan, if we can do so while paying attention to tree survival and care the trees will need and engender. It may be time to re- think and re-invite the center planning group back. Mark Connor and Nancy Sofen to talk. Should it come back to us or to the HDC? 9. The group discussed lessons learned from the debate over removal of the oak at 497 Concord Ave. a. There is a huge educational burden: we must remedy misconceptions held by the public and by town officials and staff. It is upsetting that traffic engineers are considered professional whose advice should be followed, but tree experts are not. b. Some ideas for public outreach include articles in the local paper, Lexington Friends of Trees Facebook page, inserts in tax bills, speaking to school classes, and realtors (trees increase property values), presentations to other town boards and committees. c. The bylaw is out of date, as diameter measure does not capture the value of a tree. d. The mitigation rate should change over time (with inflation?), rather than be flat and require a town meeting vote to change. e. It was noted that precedents for restrictions on private property include other zoning laws, wetlands restrictions, etc. f. Rick Reibstein noted that the Toxic Substances Reduction Act was able to be passed because it asked people to explain why they had to use a substance rather than ban such use outright; might a similar approach work with trees? Respectfully submitted, Pat Moyer and Nancy Sofen