2021-01-07-TREE-min - Laserfiche WebLink

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The Tree Committee will propose 3 warrant articles, including amendments to the existing tree bylaw to upcoming Town Meeting. The committee voted to approve these 3 warrant articles. The articles will be sent to the Select Board for their consideration. 1. Amending tree bylaw to receive appraised value for removed Town trees. Chris objected to a phrase requiring an appraisal by an ASCA arborist by the town before removal of a town tree in a town project. He felt this would require the expenditure of much money which might be better spent on other aspects of town projects. Current practice is to use town resources to conduct such an appraisal. There was much discussion. Tree bylaw only applicable to residential/commercial, not town projects. For the latter, Chris uses bylaw guidelines. But this leaves us without language to enforce appraisal value for town projects. Ultimately, we agreed on language which foregoes the need for an upfront appraisal, but if there is an objection to the removal, the Select Board would be allowed to require up to the appraised value (as determined by ASCA arborist? ) to be paid into tree fund. Chris initially said that he and Dave Pinsonneault object to this motion. Their concerns include that(a)that hazard trees may not be excluded from needing a hearing (they are), (b) trees may have to be removed because of extenuating circumstances like sewer line placement, (c)this eliminates the informal agreements, such as mitigation plantings, that Chris feels work well, and (d) Chris thinks that a certified arborist rather than a consulting arborist should be able to make the appraisal. The wording was changed so that an appraisal will be triggered only if removal of the tree is challenged. Article 1: Amend Section § 120-7-B. of the Lexington Tree Bylaw as follows: Procedures. Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. In addition to the public notices required by Chapter 87, the Town shall provide notice of the public hearing using current Town communications methods. If the tree is removed, the Select Board may require the applicant to pay up to the appraised value of the tree as determined by a mutually a reed upon member of the American Society of Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula method, to the Lexington Tree Fund. The permit issued by the Tree Warden may specify schedules, terms, and conditions....,, Chris and Marc also asked whether this provision would apply to Town projects. The committee had not envisioned that. Chris uses the structure of the Tree Bylaw when he reviews town projects in part because contractors object if the