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HomeMy WebLinkAbout2021-09-09-TREE-min RECEIVED Minutes of Lexington Tree Committee 2021 23 IIMov, 2AI laic "m TOWN CLERK 9/9/2021 LEXINGTON MA 1. Present: Jim Wood, Pat Moyer (minutes), Gerry Paul (chair), Nancy Sofen, Charlie Wyman (guest from Lexington Living Landscapes), Gloria Bloom, Martha Kvaal, Marc Valenti, Mark Sandeen (Selectman liaison), Mark Connor. 2. October 9 will be Re-Discovery Day in Lexington Center. It will run 10-3 pm. Gerry and others will "man"the table.We discussed what to have on the table. 3. Marc Valenti brought us up to date on tree-related projects of the DPW. a. town tree inventory ongoing and tree warden updating with newly planted trees b. tree canopy assessment with UVM ongoing c. fall planting discussed, contract not out; likely third week in October d. Mark or Chris will update the spreadsheet of 2021 construction sites today and share with us e. Marc Valenti agreed that the money from the Tree Fund could be used to reimburse Gerry for rental fees expended for the table, etc. at Discovery Day. f. a proposal will be coming to Town Mtg. in Spring to add additional staff for an "Assistant Superintendent of Public Grounds". 4. Annual Report of the Tree Committee approved by the group. 5. Minutes of 7/15, 7/21 and 8/12/2021 of this group approved. 6. We discussed with Marc Valenti that we had asked for an updated spreadsheet of construction sites active in 2021 and it was promised and not yet delivered. We also want to make sure the sites are conforming to the new bylaw approved at Town Meeting this spring.This moved to a discussion of what direction we as TC could take to improve cooperation with bylaw. a. create an ongoing table of committed items b. promulgate need to abide by new bylaw—document our expectations c. new bylaws and implementation should be on line—not having it this way is holding developers up d. should build a reservoir of information about sites where the law was not followed? For completeness, the initial report and subsequent emails concerning tree bylaw enforcement are attached. 1. Report to the Tree Committee on Tree Bylaw Enforcement Concerns 6.9.2021 2. DPW Director Response to Report 6.17.2021 3. Follow up questions, responses and clarifications 7.16.2021 4. Additional Follow-up Questions to DPW Director 7.23.2021 and later Attachment 1 Report to the Tree Committee on Tree Bylaw Enforcement Concerns In the course of developing amendments to the Tree Bylaw for 2021 Annual Town Meeting, I reviewed tree removals on construction sites covered by the Tree Bylaw for 2019 and 2020. This research along with follow-up conversations with the Tree Warden Chris Filadoro brought to light some areas of concern about current enforcement of the Tree Bylaw. • For certain locations I found discrepancies between what is shown on plot plans and reported in the Tree Warden's spreadsheet summarizing bylaw activity and what is observed when looking at the sites. Appendix A documents in detail my observations for the following 5 sites that fell under the bylaw in 2019-2020. 1. 19 Locke Lane 2. 198 Bedford Street 3. 193 Bedford Street 4. 16 Grapevine Road 5. 82 Spring Street(3 Underwood) In four of these cases (1-4)the bylaw activity spreadsheet stated that no protected trees were removed but it is clear that protected trees, including some large ones, were removed. In another (5), it appears that a protected 30" oak was removed that was not accounted for. The red circles on the plot plans were added by me, indicating the protected trees that were removed but not reported. The current bylaw does not mandate reporting of activities (tree removals,protection measures for remaining trees, mitigation plantings or permit or mitigation fees paid) at sites where the Tree Bylaw applies. It is very difficult to trace what actually occurred, and it is possible that what appears to be lack of enforcement is simply lack of documentation. However, if the removed trees were in fact not accounted for during bylaw site visits, they represent underpayments of at least$4,240 in permit fees and $46,300 to the Tree Fund. DPW Director Dave Pinsonneault has stated that the DPW will not look into what happened at these sites. • The Tree Warden has stated that that when a large (24" DBH or greater)protected tree is removed, he asks the builder to replant from the Large Shade Tree list but does not ask for double payment to the Tree Fund if the tree is not fully mitigated by replanting as specified in §120-8 C. • The current Viewpoint Cloud online permitting application for tree removal permits has no provision for the extra mitigation required for large trees that are removed, nor for the extra credit given for replanting using large shade tree species. • The Tree Warden does not require as a routine matter that a builder take the protection measures described in §120-8 C and Section VIIIB in the Tree Management Manual for trees left on the site. He has stated that he speaks to builders if there is a complaint that trees are being harmed; he has discretion over whether remedial or punitive action is taken if the builder still does not comply with the bylaw. Photos taken this spring of some sites where setback trees are not being properly protected are shown in Appendix B. 1 • In a prior Tree Committee meeting we discussed the apparent shortfall of tree removal permit fees collected from 2017-2020, when the inches of protected trees removed reported by the Tree Warden was compared to the amounts reported received by the Finance Office. DPW Director Pinsonneault worked with the Finance Office to investigate and found that a single check or credit card deposit to the Town's general funds may be made in payment of multiple fees by a builder, without necessarily itemizing those payments. He stated that he is confident that fees are being collected and acknowledges that better tracking may be a reasonable goal in the future. Implementation of the amendments to the Tree Bylaw passed at spring 2021 Annual Town Meeting should help address some of the issues noted here. The Tree Committee expects to work with the DPW and the IT Department to ensure that the Viewpoint Cloud permit application captures both the replacement inch calculation for large trees and the large shade tree planting credit. The post-construction spreadsheet to be provided by builders that lists all removed and newly planted trees will facilitate uniform compliance with the bylaw and more accurate and accessible records of bylaw activity. Currently I am not confident that trees removed under the bylaw are adequately mitigated, and I am quite sure that trees remaining on the site are often not adequately protected from damage. Respectfully submitted, Nancy Sofen June 9, 2021 2 APPENDIX A: BYLAW ACTIVITY DISCREPANCIES 1: 19 Locke Lane (by Westview Homes) Plot plan submitted February 2019 shows no trees marked for removal, and the Tree Warden's 2019 summary spreadsheet states no trees were removed at this address. � r The property sold in December 2019 for$2.5M. � 7 �Pr 7 r o all, ' 4 rs , o, � t n ry s 00 a 6 LOT 43 W i p � � q "' �s �` rma K En 96A M � � If��Rrn wna,mw 1-6A&Mnvn 1 �{. y6 8� Q' *CVfk. W a, a[07 gw "' wwo .mnsr. awry i � av LO' KE 1A �UUfPf / r r w mw[ mmmm mx py' , �"'Y,W�NNA P!I�Ifi4'C6��'d�0 iY N�tl'�IPJI$1Y1,"�.; @Vw 4 ' „ ' , y"✓rr��� HEREBY CCRTnFY'THAT TIME WILINING HSLOCAIED AS SHOW ......... i�w ' PROPOSED P'L7i PkWIwJ 01 1 pqLEXINGTON,(MOMESEX ,w ?i / ROSER' SURVEY ✓ 4M1H,.�f. � � a r m" � i ��� 'li;i tai CUFFOft . ROKRn I a DATE 113,72A MASSACHUSETTS AVENUE �R'A?4 mAy "AVF, BEEN At..TERA"V 9 ARUNG — 02476l�llp 648— 02476 No trees were marked as hazards, and it appears that the following protected trees were removed: 1@30" (= 60 replacement inches), 1@22", 3@18", 1@14", 2@12", 1@10", 1@8", 5@6" for a total of 222". Google street view shows that 9 new trees were planted. One is a spruce, four are Callery Pear, one is a small ornamental Japanese Maple and the others are blocked from view by a fence. Assuming those 3 are large shade tree species, that totals 39 inches of mitigation planting. Proper mitigation would have required further payment of at least $18,300 to the Tree Fund and there should have been application fees of$1,920 paid to the town. 3 2: 198 Bedford Street (by Westview Homes) � z Plot plan submitted February 2019 shows no trees marked for removal, and the Tree Warden's 2019-2020 summary spreadsheet states no trees were removed at this address. The property sold in July 2020 for$1.9M. ;,.. BEDFORD,"� "" '' .47 15,fiOT C ° .F. 1, xxancw^rt r gp 156,76;mM p' t �4 MAP h r RDWAY)&,uwarrAM DAC Wx Wr OV o r wl, i u 1 I � SC x�iwa roMca.POft�� � LERFnMOE { NIEREBt CERTIFY THAT THE BUILDING h5 Z w z5cq14/2010, ZOW X LOCATED AS PROPOSED PLOT P'LNi #198 BEDFORD STREET LEMIGTON, MA V I w 9 (MIDDLE%EX COUNTY) SCALE....1..p 30' ,.,DATE', 12/14MIS m d �� c ' W 30 60 90 M U�cl!BEF2' SURVEYli F 1r72A M�1ASSACHUSFTTS AVENUE` SCOTTLMNEM';P°d,5 DATEikK=TCN, VA 02476 CHIS PLAN MAY HAVIEE,EN ALTERED IF (731) 648-5533 THE StUNATURE,IS NOT&GN£q IN BLUE, r194PPa',.LIWG No trees were marked as hazards, and the following protected trees were removed: 1@40"(80 replacement inches), 3@24"(48 replacement inches each), 1@14"for a total of 238 replacement inches. Three trees from the large shade tree list were planted,for 18" of mitigation planting, leaving ;( � f $22,000 owed to the Tree Fund in mitigation payment and $1,260 owed to the town in permit application fees. The remaining 24" oak has since been removed, and in spring 2021 the 40" oak is exhibiting some decline. Were protection measures taken? 4 3: 193 Bedford Street (Lexington Development Associates LLC) Plot plan submitted May 2019 shows no trees marked for removal, and the Tree Warden's 2019-2020 " -- summary spreadsheet states no trees were removed at this address. The home was listed for sale in November a 13,274 2020 for$1.45M. - .. No trees were marked as hazards, and the lot was "r .m at cleared with the following protected trees removed: 1@24"(48 replacement inches), 1@21", 1@14"1 1@10"1 1@7" for a total of 100 replacement inches. �aons�' r k z-FAMIL r ". HOUSEC µr There appear to be several new trees planted, including large shade tree species. It is not clear whether mitigation was complete through replanting. Permit { rr ix, application fees owed to the town would be $760. T`u.2rlJr ¢ ,,, _.SC79 gyp'"✓T' _irea i" pec r / Ii f 5 ulwiew-.uuw��, uiuw ,um�uwr ,�i�, 1 f 4: 16 Grapevine Avenue (by Adish Properties LLC) Plot plan submitted in 2019 shows no trees marked for removal, and the Tree Warden's 2019-2020 summary spreadsheet states no trees were removed at this address. The property sold in January 2021 for$1.5M. No trees were marked as hazards, and it appears that 2 or 3 protected trees (whose sizes are not given on the plot plan) were removed. -414S r� 0.✓,'1'T953 Nc 9 a ST-d kAA 1 i b I f..ga1. L mss fi J� m S mM r h — / w Q u � a.. Y 0 Ma r lw, ii �J f f. I T6 G,ap .SFIk 44f Cq 6 5: 82 Spring Street (3 Underwood) (by Seaver Properties LLC) r^ " The builder of this house, which sold for$2.2M in September 2020, did a very nice job of preserving several large shade trees. Notations on the June 2019 plot plan and in the Tree Warden's summary spreadsheet state that 50" of protected trees were removed. One dead tree was marked on the plot plan. m A 30" oak (60 replacement inches) marked TBR on the plot plan was in fact removed. It was not labeled a hazard nor was it included in the total inches to be mitigated. Removal of this protected tree would have A fix, required $300 in application fees and mitigation of 60" by replanting or payment to the Tree Fund of$6,000. N� N57 � % r )T 19 .� n PROPOSED i "a ruprr P aru J F M57 '2d"�' W � Pom n �.mwaaw� � wi�� m n.otlYY mxnmuum xmi uy�n lW.ry In, 77 UNDERWOOD ROAD r.. P�.COPOSE1b i 1 r / r�// wvdiv�,�wrrioiJllYlYlY�ll➢PAJ+*�'sw7aT rs amrs w^:J^na^ a /�/� �% � � f APPENDIX B: TREES IN SETBACK LACKING PROTECTION FROM DAMAGE DURING CONSTRUCTION 8 Eliot Road �G uv � F Y 4 U��yi �tUll1�� r ry' Y Yt n j, I r„u�r f �I'r✓'���%�Irr�u �n;�'��irr�„� w , 52 Hancock Street J �l IY E��o r r u r e a w 21 Wheeler Road Attachment 2 Gmail-tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view=pt&search=all... Ill Gerry Paul <gerrypaul01@gmail.com> ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... tree questions ----------------------------------------------------------------------------------------------------------------------------------------- David Pinsonneault<dpinsonneault@lexingtonma.gov> Thu, Jun 17, 2021 at 2:22 PM To: Nancy Sofen <nsofen@gmail.com> Cc: Gerald Paul <gerrypaul01 @gmail.com>, Marc Valenti <mvalenti@lexingtonma.gov>, Christopher Filadoro <cfiladoro@lexingtonma.gov> Dear Nancy, Here are the responses that we have. 16 Grapevine: The plot plan identifies three locations without DBH, these were large shrubs that were in the setback with nothing larger than 6" removed. 198 Bedford Street: The builder claims that there were a few trees that were in very poor condition that he removed. Chris did not have a chance to deem them hazards or not hazards and is following up with the builder with regards to next steps. 193-195 Bedford Street: This project has not been closed out yet. There was an additional site visit that was done after the first one that approved the removal of a dead and hazardous tree that was not noted on the plot plan. Chris is working with the builder on next steps. 3 Underwood Ave: This property was originally submitted as a Spring Street address and the side setback was only 15' and did not capture the large oak tree at that time. Chris has spoken with the builder and they are aware that they will need to pay additional fees for both the removal and mitigation of this tree. 19 Locke Lane: The Builder noted that there were no trees being removed at the time of demo and says that the owner wanted them removed after the house was removed and the builder did not check back in with the Town. When there are no trees agreed to for removal we do not do a follow up site visit as there is no planting or mitigation requirements. Chris has reached out to the builder and they are aware that they will need to pay additional fees for both the removal and mitigation of the trees. Please contact me with any questions or concerns. Thank you. David 1 of 2 7/18/2021, 11:15 AM Gmail-tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view=pt&search=all... David 1..Jimanmaua, esJ:.t, e-nfjqjn DPW Director Lexington DPW Samuel Hadley Public Services Building I-exiiingtoin, IMA 02420 Ph: '781-274-8314 Fax: 781-274-8392 m � ACCRIEDITED AGENCY 2 of 2 7/18/2021, 11:15 AM Attachment 3 Gmail-Fwd: Tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view=pt&search=in... Follow up questions, responses and clarifications (Follow up questions in black, Dave P. initial responses in blue, Nancy's clarifications in green. ---------- Forwarded message--------- From: Nancy Sofen <nsa:nte;rn@giinaiill.a;a:nir°n> Date: Sat, Jul 10, 2021 at 10:49 AM Subject: Re: Tree questions To: David Pinsonneault<alpunsa:nnneau.ullt llexiingta:nnir°na.ga:nv> Cc: Christopher Filadoro <a;tillaala:nir(:)@I�exiirngda:nrnir°na.ga:nv>, Marc Valenti <ir°nvalleinto@llexiirngda:nrnir°na.ga:nv>, Gerald Paul <geiriryjp@I t.n.edu.n>, Mark Connor<ir°nairlk@(,(:)nna:niraira;hiite(,tu.uire.coiin> Hi Dave, My clarifications are in green. We would appreciate your responses by Wednesday morning so that we can discuss this at Thursday's Tree Committee meeting. Responses to your questions: 1. Please clarify the sequence of events relative to the trees in question at 198 Bedford Street. The site was inspected before the permit was issued and at that time there were no trees being requested for removal° This property was signed off electronically because there were no trees to be replanted. Since theBylaw's inception sites that have no trees being removed have not been revisited° Given that there was an issue here and in order to not have this issue reoccur Chris will be revisiting all sites prior to a COto ensure proper adherence to the Bylaw. 2. Was the final sign off prior to issuance of the Certificate of Occupancy for 19 Locke Lane and 198 Bedford Street performed by the Tree Warden? These properties were signed off on by the tree warden and were not given a physical final inspection because there were no trees to be replanted. Since theBylaw's inception sites that have no trees being removed have not been revisited° Given that there was an issue here and in order to not have this issue reoccur Chris will be revisiting all sites prior to a COto ensure proper adherence to the Bylaw. 3. Why has the replacement inch provision of the bylaw not been enforced fully since its adoption in 2017? Please clarify this question. .Phe Ibylaw as wirlittcirn Uses e table that defliirncs "incl llaceliTieint llincllhcs" for tirccs 24" air d Ileirgcir as 2x the I['11:11 1 of the tircc, air d lIt's these ircpllacellTieint llincllhcs tAhat. have to be iIT'llitligeted, Oirn Clhirlis's tircc Ibylaw activity slpireadsllicct, the girccirn sllhcct, air d oirn tAhc Iplot Iplains, Clhirlis coirnslistcirntlly has celICLAlleted the 111u.ATIbeir of llincllhcs to be iIT'llitligeted wlitll'IUA ircgeird for wllhctlheir tAhc tirccs eirc 24" oir Ileirgcir. Why have the edditlioirnell ircpllacellTieint llincllics for tirccs 24."['11:11 11 11 oir gircetcirsnot. Ibeein takein liirnto eccoUll'It? 4. Why has the protection of remaining trees not been enforced? When we see or have been made aware of an issue then we use the Tree Bylaw language to enforce 2 of 3 7/26/2021, 4:26 PM Gmail-Fwd: Tree questions https://mail.google.com/mail/u/0?ik=4888d66222&view=pt&search=in... this, since the bylaw has begun we have had very few issues reported about protection° Moving forward we will ensure trees in construction areas will have proper tree protection. "Pheire acre CUirireirnt IlDu.AlIdiing sites that .Firee t.011TUIT'llittee uTieuT'Ibeirs have expressed c0inceirins all OLA pirotectlioin uT'ieasUires, aind (Ihirlis°s ireslpoinse has Ibeein 'I've sIpokein t0 tAhe IlDu.AlIdeir", Ilia a u° LAT'Ibeir 0f cases tlheire has Ibeein u o ireuT'ledy for the SitUatli0irn. Why was tlheire a°10t 1111TUI iediate COIITIlpllliaince, aind have uT'ieasUires descirlilbed llin 120.1 .II:::: Ibeein talkeirn? 5. How will the current Tree Bylaw be enforced? The bylaw is being enforced and will continue to be. tree W:t aind #4, 6. Will you agree to transparency and reporting of 2021 bylaw enforcement? Please clarify this question. V, intlill tAhe newliewp0liint. su.Alplpoirt is liuT'IlplleuTieinted, what linfoinTiatlioin all oUt. 2021 Ibylaw activity will the [11:1W Ipirovlide t0 the .Firee t.011TUIT'llittee? ..Phis could 11111CIlLAde tiree ireuTlova11 alplplllicatlioins, plot plains, gireein slheets, uT1011°ItAhlly updated Ibylaw activity slpireadslheets, tiree Ipirotectlioin peinalltlies Ilevied, aind alplplllicatlioin fees aind IT'llitligatlioin payuTleint.s chairged, Nancy 3 of 3 7/26/2021, 4:26 PM Attachment 4 Gmail-(no subject) https://mail.google.coin/maiUu/0?ik=4888d66222&view=pt&search=dra... Nancy SOfen ansofein@gmai!l.coim> Wed,Aug 25,4:20 PM to David, Marc, Chris, Gerald, Mark,James, pat, Gloria, Martha, Mark Dear Tree Committee members and DPW staff, So that we don't have to go through meeting minutes to find the most recent answers to questions asked about Tree Bylaw enforcement practices, I've written them here(in red)with the questions. Please let me know if what I recorded differs from what you recall from the August 12th Tree Committee meeting. Thanks, Nancy BLACK TEXT IS EMAIL SENT ON JULY 23,2021. RED TFX 1 REFLLL 1.5 VLRBAL RL SPONSLS t Rr7M DAVE PINSO NNLAULTAI AUGUS 1 12,.202.1 1 R F COMMI'FT1-F ML`FTING, BLUE TEXT NOTES UPDATES FOLLOWING SEPTEMBER 9,2021 TREE COMMITTEE MEETING AND SINCE. The Tree Committee is pleased by the progress that we see in clarifying procedures used in administering the Tree Bylaw. We expect that the enforcement provisions related to large trees and to protection for remaining trees will apply to all currently open building permits,not just new permits going forward. Is this your plan? Yes. We would like some clarification of your statement that when trees 24"or larger were removed"Chris has been using the replacement inches without doubling based on the commitment of the builder to replant from the approved list which gives credits for doing so." From 2019 to the present,has Chris confirmed that all inches of these large trees were mitigated by sufficient replanting from the large shade tree list? In cases where there was not sufficient replanting,did Chris take the requirement that unplanted inches of these large trees be doubled into account when calculating the mitigation payments owed to the Tree Fund? Chris Ilhinks tltcat in mosl,cases Iplanlfirrt.l ire;cpuire.rriomts we areaerne l[ Wo caro award of sora o siIle^`s whoro, thaall is aero' so: Willhoull spodfir dal a Ilo corafirrnu Illhat suffin ail,ropllaurlling ualrm ays(look placo oir hall doubllod nitigaalion Il:nayinont^s wore a°nado to tlho"lf'ree IFund,sero asrsur o tlho aanswor to tlho, r{umilia'n posod is no, We are hopeful that requiring protection measures for remaining trees from the beginning will go smoothly;when it doesn't,we encourage Chris to act quickly with measures that will both protect the trees and communicate to builders that the town takes this very seriously. The threat of greater costs,or of having a CO held up until an arborist is hired to assess and/or treat any harm to a tree,could be a powerful incentive to comply. Are there plans to take these steps if necessary? l heSs:,'rsle Ilss,, as wedlll as invoking IIhP"esxisfring tree bylaw option Uhal[tete tt.awn may hire,an arborist[uvltoseW clhsairge.rs will be Ilsillllec.l Via Hie,«.awn(,r/build(,r lO eWursurea I11hal trees Ileft on Ifllsa.. .-Dille,Will .>uirvive,and remain heallhy, will Ise(3crosidorod. New violations have been noted and sent to Chris,who has spoken to the builders. In one case the site is still in violation two weeks later. Please have Chris send an up-to-date spreadsheet of bylaw activity,including updates to those from 2019 and 2020 that have changed. The last such spreadsheet that we received went through December 2020. This spareadr>Ihooll willl Ilae:provide.rf Ilay nur noxll uneolling on Sop lorrollbor 9r'. The spreadsheet was provided on Friday, Sept. 10 for new 2021 sites only. Last,we request a review of all bylaw sites whose permits were open during any part of 2021 for compliance with the bylaw. Such review is particularly important for those sites on which the builder initially claimed no trees were to be removed and so therefore may not have been revisited before the CO was issued,and for sites where large trees were removed. Claris with review all bylaw suras a:allaen daaring any parl of 2021 to unako rsu,ro lhaat tlhe Ihnyllaavr was follllaaasod, and dor„r,unont any ai which t1horcr unsay Ihavo Ilaoon rtr,o sfions 't"hirs will Jae availlall:allo, cat our noxi mooting. Marc indicated that Chris has been too busy to meet the committed Sept 9th date. We requested that he tell us what sites he has reviewed so far,what he has found,and when he will complete the review 2 of 2 9/22/2021,3:56 PM