2023-02-09-TREE-rpt2 - Laserfiche WebLink

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February 9, 2023 David Pinsonneault Director of Public Works, Town of Lexington Dear Dave, This letter is prompted by concerns of residents and the Tree Committee about exemptions granted for trees as "hazard trees” to M. G. L. Chapter 87 and the Lexington Tree Bylaw. We have been concerned about this issue for some time. Recently we were made aware of the declaration as hazards of 11 hemlock trees at 29 Barberry Road and 6 crabapple trees at 2 Conestoga Rd (see attached). We believe that these declarations are not consistent with the specification of exemptions in these laws that are specified as follows: • Massachusetts General Law Chapter 87 Section 5. Tree wardens and their deputies, but no other person, may, without a hearing, trim, cut down or remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section eighteen of chapter eighty-five. Nothing contained in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway, or the removal of any tree, if so ordered by the proper officers for the purpose of widening the highway and nothing herein contained shall interfere with the suppression of pests declared to be public nuisances by section eleven of chapter one hundred and thirty-two, including the Dutch elm disease. • Town Of Lexington Tree Bylaw § 120-9 Emergencies and exemptions. Provisions of this bylaw shall not apply to: A. Emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; B. Trees that are hazardous as determined in writing by the Tree Warden; C. (Reserved)[1] [1] Editor’s Note: Former Subsection C, which excluded invasive tree species, was repealed 3- 22-2010 ATM by Art. 27. D. Trees identified by the Commonwealth that pose a risk of disease or insect infestation. Note that §120-9 applies to Public Shade Trees, Town Trees, and Protected Trees.