2021-10-14-TREE-rpt - Laserfiche WebLink

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Tree Bylaw Enforcement Findings While studying 2019 and 2020 tree bylaw activity to better craft for optimal implementation the 2021 ATM articles amending Tree Bylaw, we discovered • Sites where builders claimed no trees were to be removed were signed off for certificate of occupancy without a site visit to confirm that claim was true. • Mitigation provision of bylaw not applied to sites where trees were removed prior to demolition permit application. • Builders were not required to pay mitigation fees that reflected the doubling of replacement inches instituted in 2017 for trees larger than or equal to 24" DBH. • Irregular and infrequent enforcement of protection provisions for trees remaining on site. • The Town's online tree removal permitting system does not include in its calculations the extra mitigation required for large trees,or the extra credit given for replanting large shade tree species. RECEIVED As a result,in 2019 and the first half of 2020 alone 2021 23 I114ov,2A8 11311111 TOWN CLERK • We identified 481"of removed protected trees that were unmitigated. LEXINGTON MA • The incentives to save large trees and to replant with large tree species were reduced. • Some remaining large trees that had not been properly protected from damage during construction later went into decline or died and were removed. • The Town did not collect$3,480 in potential permit fees and$46,300 in payments to the Tree Fund from just 3 sites. Conversations between the Tree Committee and the DPW have led to • A commitment by DPW to remedy lack of enforcement • Continued concerns by Tree Committee about pace of implementation of existing bylaw and new bylaw changes September 22,2021