HomeMy WebLinkAbout2023-02-09-TREE-minTree Committee (TC) meeting February 9, 2023
The meeting was called to order at 7:31 am. Present were: Gerry Paul, Nancy Sofen,
Pat Moyer, Mark Connell, Joe Pato, and Gloria Bloom (scribe). Visitors: Bill Singer,
Marcia Gens, and Charley Wyman
Minutes of 12/8 were approved. Minutes of 1/12 were approved with the addition of the
statement that “Jim and Mark were strongly opposed to the removal of the tree at the
MBTA bus stop on Mass. Ave”.
TC voted to support Article 25 put forth by the Historical Commission to increase the
demolition delay on homes in the Historical Commission inventory from the current one
year delay to a delay up to 21 months.
Gerry reported that on the previous Monday, he presented TC articles 28 and 29 to the
SB, which wanted more info. Gerry will work on improving the Article 28 presentation
for TM. Regarding Article 28, increasing the Tree Bylaw look-back period from 1 to 3
years, the question arose whether there would be a need for a permit for tree removal of
any tree greater than 6” dbh in the setback in order validate the look-back provision.
Nancy suggested that permits may be necessary to ensure adequate enforcement but that
it is too close to TM to add a change of that magnitude to the motion . A look-back
period of 3 years will reduce the likelihood that owners will cut down trees prior to sale
to aid the sale.
Dave Pinsonneault could not attend the meeting, but said the canopy study will be put in
Drop Box for TC review. The SB review of the study is currently scheduled for March.
We discussed exemptions to MGL 87 and the Lexington Tree Bylaw. There should be a
public process unless an exemption (disease, hazard, etc .) applies, and thus be mitigation
based on the value of the tree for removed Town Trees. With a public process there is
input from neighbors and others that may consider esthetic as well as environmental
benefits. The town needs to define “hazard” and we need an agreement on declaring
exemptions. All TC members present agreed to sign a letter to Dave stating the above
requests (see attached).
Liaison report from Nancy on the PBCs “integrated design and construction policy”:
Construction on any lot greater than ½ acre need to be certifiable at the gold level of
SITES. They are discussing the need for native plants and heat island reduction. All
public trees, not just the street trees already covered under Chapter 87 state law would
require a hearing. According to Charlie, this would apply to the high school.
There will be a hearing before the PB on the Tracer Lane project on March 15.
Charlie Wyman reported that thus far the statement supporting trees has been signed by
16 organizations and over 700 individuals. There will be a workshop on March 2 at the
community center to show how the town can respond to support its canopy.
Gerry introduced Bill Singer who is interested in joining the TC. Gerry noted that
Article 29 to add 2 associate members to the Committee, if passed by TM, would take
effect in July after the Attorney General review.
Update on bylaw sites. Gerry shared an update provided by Dave for bylaw sites at
which there were enforcement concerns (see attached). We discussed a site that had
been clear cut and for which the town is owed a significant mitigation payment. The
process was not followed and no tree removal permit was issued. Concern was
expressed about builders clear cutting, not getting permits, falsely claiming that trees
have not been cut down, and not paying fees/mitigation. There was a brief discussion of
issues with the use of Viewpoint Cloud. Mitigation payments are not recorded by
Viewpoint Cloud.
Nancy reported that there has been no tree removal permit application filed for 69
Pleasant Street, despite the Planning Board condition that the Tree Bylaw applies to the
site. Sheila Page of the Planning Board confirmed that a permit was required and
planned a site visit last week.
Mark and Nancy reported their discussion with Dave about the use of volunteers to help
with planting and maintaining trees, inputting info to data bases, and using water bags
on newly planted trees in a test area.
Mark raised the issue of how to effect improvement in enforcement of the Tree Bylaw.
It was agreed that Gerry would discuss this further with Mark and put this on a future
agenda
The meeting was adjourned at 9:15
Gloria Bloom