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.