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HomeMy WebLinkAbout2022-11-10-TREE-rpt2From: David Pinsonneault <dpinsonneault@lexingtonma.gov> Date: Thu, Oct 13, 2022 at 11:27 AM Subject: RE: Draft Articles for 2023 Spring Annual Town Meeting To: Gerry Paul <gerrypaul01@gmail.com> Cc: Joe Pato <jpato@lexingtonma.gov> Here are my comments on the proposed articles: Article TC1: Staff is okay with the increase to 36 months although it will require more administrative time. Article TC2: Staff is supportive but would like to understand the reasoning for this change. Article TC3: Staff does not support this change. The tree fund was set up to plant trees. The process for expending those funds is straightforward and it has been used to plant trees back into the community. This should be the main focus and should continue especially given the forecasted pressures on the general fund. Article TC4: Staff is okay with this but there should be term limits on the members and term limits for the chair. Thanks. From: Gerry Paul <gerrypaul01@gmail.com> Date: Mon, Oct 31, 2022 at 8:56 AM Subject: Re: Draft Articles for 2023 Spring Annual Town Meeting To: David Pinsonneault <dpinsonneault@lexingtonma.gov> Cc: Joe Pato <jpato@lexingtonma.gov> Hi Dave, Thanks for your comments. With respect to #TC2, this would ensure visibility and discussion before the removal of Town Trees. This discussion might identify tradeoffs and solutions other than tree removals (or at least removal of fewer trees). It would also add clarity to future situations in which someone removes Town Trees that were not Public Shade Trees. On #TC3, although I mentioned the motivation in the Article description, I can probably do a better job emphasizing the importance of preserving large shade trees. It has now become common wisdom that large trees provide tremendous benefits and saving as many as possible is critically important. That's the driving force for this article: using monies in the Tree Fund not only to plant trees but to educate, incentivise and help the Town and public preserve their existing trees. Hopefully we can present a united front when these articles are presented to the Select Board and Town Meeting Thanks, Gerry Article TC1 – AMEND GENERAL BYLAWS – TREE BYLAW – INCREASE PROTECTED TREE LOOK- BACK PERIOD To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees to lengthen the look-back period for protected trees; or to act in any other manner thereto. Motion: That the Town’s Tree Bylaw, Chapter 120 of the Code of the Town of Lexington, be amended in § 120-8. B.1: Additionally, if any protected trees were removed during the 12 36 months preceding the application for the building or demolition permit, a tree removal and mitigation proposal regarding the protected trees already removed shall be submitted to the Building Commissioner. DESCRIPTION: Currently some property owners wait 12 months after trees are removed on their property before applying for a demotion or major construction permit. At that point no fees or mitigation payments would be assessed. This article will increase the look-back period to 36 months. Article TC2 – AMEND GENERAL BYLAWS – TREE BYLAW – CLARIFY PROCESSES FOR REMOVAL OF TOWN TREES To see if the Town will amend Chapter 120 of the Code of the Town of Lexington, Trees to clarify processes to be followed for removal of Town Trees by the Town and others; or to act in any other manner thereto. Motion: That the Town’s Tree Bylaw, Chapter 120 of the Code of the Town of Lexington, be amended to specify that the processes to be followed for removal of Town Trees by the Town and others be the same as that for Public Shade Trees. [Exact wording to be provided by Town Counsel]. DESCRIPTION: This article will ensure that processes to be followed for removal of Town Trees are the same as those for removal of Public Shade Trees. Article TC3 – AMEND GENERAL BYLAWS – TREE BYLAW – SPENDING FROM THE TREE FUND To see if the Town will amend Chapter 120 of the Code of the Town of Lexington, Trees to broaden allowable purposes for spending from the Lexington Tree Fund; or to act in any other manner thereto. Motion: That the Town’s Tree Bylaw, Chapter 120 of the Code of the Town of Lexington, be amended as follows in 120.14: Collection of voluntary contributions under this bylaw shall be deposited into the Lexington Tree Fund, provided such fund is annually reauthorized, or otherwise to the surplus revenue of the Town. The Tree Warden, with input from the Tree Committee, will request use of these funds for tree planting, transplanting, tree maintenance/preservation and growth of Lexington’s public and private tree canopy, education, Tree Bylaw enforcement, and other tree-related needs. The request to expend these funds will be approved by the Select Board upon consultation with the Tree Committee. DESCRIPTION: It has now become recognized that large shade trees provide tremendous benefits both locally and globally. Thus, saving as many as possible is critically important. Public outreach and education as well as preserving existing public and private trees are as important as planting new trees. That is the main motivation for using monies in the Tree Fund not only to plant trees but to educate, incentivize and help the Town and residents preserve their existing trees. This article will allow for spending from the Lexington Tree Fund for those purposes. Article TC4 – AMEND GENERAL BYLAWS – TREE BYLAW – CHANGES TO TREE COMMITTEE COMPOSITON To see if the Town will amend Chapter 120 of the Code of the Town of Lexington, Trees to add Associate Members to the Tree Committee; or to act in any other manner thereto. Motion: That the Town’s Tree Bylaw, Chapter 120 of the Code of the Town of Lexington, be amended as follows in 120.6.A: The Town shall have a Tree Committee that consists of seven members and two non-voting associate members as appointed by the Select Board. For the first appointments, three members will serve one- year terms; two members will serve two-year terms; and two members shall serve three-year terms. All members up for renewal will then serve three-year terms. All members will serve three-year terms. DESCRIPTION To provide a pipeline of future Tree Committee members, this article will enlarge the Tree Committee with the addition of two associate members.