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Home My WebLink About2023-Exemptions to MGL Chapter 87 & the Lexington Tree Bylaw Exemptions to M. G. L. Chapter 87 and the Lexington Tree Bylaw February 9, 2023 David Pinsonneault Director of Public Works, Town of Lexington Dear Dave, This letter is prompted by concerns of residents and the Tree Committee about exemptions granted for trees as "hazard trees” to M. G. L. Chapter 87 and the Lexington Tree Bylaw. We have been concerned about this issue for some time. Recently we were made aware of the declaration as hazards of 11 hemlock trees at 29 Barberry Road and 6 crabapple trees at 2 Conestoga Rd (see attached). We believe that these declarations are not consistent with the specification of exemptions in these laws that are specified as follows: • Massachusetts General Law Chapter 87 Section 5. Tree wardens and their deputies, but no other person, may, without a hearing, trim, cut down or remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section eighteen of chapter eighty-five. Nothing contained in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway, or the removal of any tree, if so ordered by the proper officers for the purpose of widening the highway and nothing herein contained shall interfere with the suppression of pests declared to be public nuisances by section eleven of chapter one hundred and thirty-two, including the Dutch elm disease. • Town Of Lexington Tree Bylaw § 120-9 Emergencies and exemptions. Provisions of this bylaw shall not apply to: A. Emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; B. Trees that are hazardous as determined in writing by the Tree Warden; C. (Reserved)[1] [1] Editor’s Note: Former Subsection C, which excluded invasive tree species, was repealed 3- 22-2010 ATM by Art. 27. D. Trees identified by the Commonwealth that pose a risk of disease or insect infestation. Note that §120-9 applies to Public Shade Trees, Town Trees, and Protected Trees. Hazard Trees The commonly accepted definition of a hazard tree is: a tree that has a structural defect that makes it likely to fail in whole or in part1. Additionally, there must be an imminent risk that failure will result in damage to persons or property. This would exclude the following reasons for declaring a tree exempt from the laws: • a tree simply in decline • a tree perceived to be in "bad shape" • a tree for which the risk can be mitigated by pruning or other means • a tree for which any risk is not current/imminent Disease/Insects We agree with §120.9. D that tree species or specific trees identified by the Commonwealth that pose a risk of disease or insect infestation are exempt. This would not include trees with such common treatable insect infestations as woolly adelgid, winter moth, etc. There may be many good reasons to remove a non-hazardous tree, but unless exempted as described above, the public hearing and/or mitigation process should be followed. We look forward to any comments you may have. Also, can you please tell us the DPW's proposed method and content of the written documentation required by §120-9. B. Sincerely, Gloria Bloom, Mark Conner (co-chair), Pat Moyer, Gerry Paul (chair), and Nancy Sofen (Lexington Tree Committee members voting on February 9) 1 https://www.fs.usda.gov/visit/know-before-you-go/hazard-trees 29 Barberry Rd August 2022 January 2023 Gerry Paul <gerrypaul01@gmail.com> 29 Barberry Rd Tree Removals David Pinsonneault <dpinsonneault@lexingtonma.gov>Fri, Jan 27, 2023 at 9:58 AM To: Gerry Paul <gerrypaul01@gmail.com> Cc: Christopher Filadoro <cfiladoro@lexingtonma.gov> Answers are in red. From: Gerry Paul [mailto:gerrypaul01@gmail.com] Sent: Tuesday, January 24, 2023 5:52 PM To: David Pinsonneault <dpinsonneault@lexingtonma.gov> Cc:rirotberg@gmail.com; Nancy Sofen <nsofen@gmail.com> Subject: Re: 29 Barberry Rd Tree Removals USE CAUTION: This email came from outside the Town of Lexington. Do not click links, open attachments or respond to the email unless you recognize the sender, you are expecting the communication and you know the content is safe. Hi Dave, I see that the Tree Removal Permit has been issued for 29 Barberry Rd. The comment in the "Tree Warden Inspection" is " several Town Trees were removed based on the inspection from the Tree Warden and the follow up meeting with the Certified Arborist the owner hired whom wrote a report on the dead and hazardous town tree" Can you please indicate on the plot plan: Gmail - 29 Barberry Rd Tree Removals https://mail.google.com/mail/u/0/?ik=4888d66222&view=pt&search=all&permmsgid=msg-... 1 of 2 1/31/2023, 12:00 PM 1. Which Town Trees were removed? The 11 Hemlock trees in the town right of way in front of 29 barberry on the plot plan 2. Which trees in the setback were removed? 5 setback trees as marked on the attached plot plan 3. Which trees were declared dead or hazards?The 11 Town Hemlock trees and one 12” Hemlock in the setback And 4. For the Town Trees removed, explain what action/mitigation was taken as required by M.G.L. Chapter 87and the Lexington Tree Bylaw. These were trees in poor condition and there is no penalty as the Town would have removed them. 5. Provide the arborist report referred to above. Attached 6. Explain the basis for the $2,970 tree fee assessed.5 trees totaling 109” x $20 = $2180 + $750 in Fines per the Bylaw were assessed on the 5 trees removed because no permit was in place when the trees were removed. This information is of interest to residents in the neighborhood and the Tree Committee. Thanks, Gerry [Quoted text hidden] DOC012723.pdf 1293K Gmail - 29 Barberry Rd Tree Removals https://mail.google.com/mail/u/0/?ik=4888d66222&view=pt&search=all&permmsgid=msg-... 2 of 2 1/31/2023, 12:00 PM 2 Conestoga Rd January 2023 November 2020 Gerry Paul <gerrypaul01@gmail.com> UPDATED Re: Tree Removals at 2 Conestoga Rd Gerry Paul <gerrypaul01@gmail.com>Sun, Jan 29, 2023 at 4:09 PM To: David Pinsonneault <dpinsonneault@lexingtonma.gov> (This email is an updated version of the one I sent last Friday. I had neglected to note the other trees removed on the property in addition to the removal of the Town trees in the right-of-way). Hi Dave, A resident brought this site to my attention on Thursday. The tree removal permit submission indicates that 7 trees totalling 59" trees were to be removed. They were all declared as hazards including 3 crab apples (diameters: 8", 10" and 7") clearly in the front right-of-way. Additionally, other trees were removed. Here is an accounting of all the trees removed: • The 3 crab apples in the front right of way (8", 10" ,7") • Two crab apples in the right setback (15", 7") • A crab apple in the left front setback (12") Together the above 6 (not 7) crab apples account for the 59" of trees declared as hazards in the permit submission. • 4 pine trees in the left setback toward the rear of the property (14", 7", 7", 7"). The Tree Fee entry in Viewpoint shows a permit fee assessment of $0.00. This all raises the following questions: • What was the basis for declaring the 6 crab apples as hazards? • What is the reason that the additional 4 trees removed in the left setback were not accounted for? • What actions will be taken by the DPW? Looking forward to your response. Thanks, Gerry Gmail - UPDATED Re: Tree Removals at 2 Conestoga Rd https://mail.google.com/mail/u/0/?ik=4888d66222&view=pt&search=a... 1 of 1 2/2/2023, 7:02 AM