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HomeMy WebLinkAbout2023-12-21-TREE-min Lexington Tree Commi?ee Minutes 12.21.23 1. A?endance: Gavin Grant, Barbara Tarrh, Gerry Paul, Jim Wood, Nancy Sofen, Mark Connor (co-chair), Pat Moyer (co-chair and minutes) (all aforemen?oned members); Charles Hornig, Charlie Wyman, Alicia Morris, Joe Pato (SB rep), Todd Rhodes. 2. Mee?ng began at 7:31 AM 3. Minutes of Nov.9, Nov. 26, and Dec. 7 were approved. 4. There was much discussion of proposed Bylaw Amendments we are submi?ng today for Town Mee?ng considera?on. We unanimously approved submi?ng all 3 as amended and a?ached to these minutes, dropping the extension of the proposed Bylaw to private property. Discussion items included: requiring a cer?fied arborist to submit plot plan; how to save large trees; is the cost of bylaw #1 too high for families?; Dave P. feels the original proposed and dropped bylaw #1 is not feasible given staffing; having more public mee?ngs to grow support for these changes; hold protec?ng wetlands and that issue up as an example; the need to consider the health of small forests; whether it is feasible to ask tree companies performing work to pull the permit. Final version of our proposed changes due 1/15/24. 5. Gavin Grant was welcomed as our newest and seventh member. Alicia Morris was welcomed as our associate-member to be approved by the SB. (her applica?on is complete). 6. Joe Pato clarified that the SB has provenance over who is appointed to a commi?ee. 7. Pat reported that Janice Chung’s desire and contribu?on for a memorial tree for her late brother finally culminated in a beau?ful liriodendron tulipfera being planted in Has?ngs Park in late November, courtesy of Fo? Trees. A small crowd, including Chris and Pat, a?ended. 8. Jim reported on his work with Chris on the town tree plan?ng process. He stated the need to order trees soon from Schichtel’s to get the best selec?on. He plans to encourage ordering trees first, then finding sites, hopefully many setback loca?ons. Needs all of our help. We suggested also using the Tree Inventory—there are 1000 stumps on it. He hopes to enlist help of Julie Laflamme in the DPW office. Selec?on to include sweetgum, Kentucky coffee tree, crabapples, cherries, oaks, magnolias, dogwood. 9. Mid-mee?ng with Dave P. will be 1.10.24 by zoom at 1:30 pm. We would like to see a list of trees planted in 2023, how many were replacements, watering strategy; discussion of watering bags. 10. Nancy a?ended the first of 5 mee?ngs of one of the subgroups working with the architects of the new Lex. High School. Our reps fit in the Site Plan and Safety subgroup. We re-iterate the hope to have at least 70% of trees from our preferred plan?ng list. 11. Bylaw Enforcement WG: discussion of latest ac?ons. Some concern over Dave’s request for a new DPW posi?on—assistant superintendent. Would love to see job descrip?on; hoping for a tree focus. 12. Adjournment at 9:40 AM. Tree Committee Articles and Draft Motions ( as of12/21/23) Articles were approved by unanimous vote of the Lexington Tree Committee on Dec. 21, 2023. In the motions, bylaw language deletions are struck through and additions are noted in red. Any bylaw text not included in these motions is to be left unchanged. Our preferred order for Town Meeting to consider these would be 34, 36, 35 Article 34 – AMEND GENERAL BYLAWS – Tree Protection Plan To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to require the participation of a certified arborist in the preparation of a tree protection plan; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) Description: This amendment requires that a certified arborist provide a tree protection plan for protected trees that are not removed and for Public Trees in the right-of-way of a property under construction. It further requires that the certified arborist affirm that protections are correctly installed before site work begins, that trees survive for one year after construction. Draft Motion for Article 34: Motion: That the Town’s Tree Bylaw, Chapter 120 Sections 3A, 8B, 8D and 10 of the Code of the Town of Lexington, be amended as follows: Amend § 120-3 Definitions as follows: A. Add CERTIFIED ARBORIST An arborist who is certified by the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association. Amend § 120-8 Protected trees as follows: § 120-8 Protected trees B. Procedures. When major construction or demolition is planned, the owner of the property shall submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor, showing all existing trees on the property of six-inch DBH or greater. The owner shall also submit the tree species, if known, location, DBH for all trees on the property of six-inch DBH or greater, whether or not they are proposed to be removed, and for any trees six inches DBH or greater that are proposed to be removed, the reason for removal and alternatives to removal considered. The owner shall also submit to the Town a tree protection plan prepared by a certified arborist for any Protected Trees that are to be retained on the site and for any trees in the Town right of way. \[Amended 4-4-2007 ATM by Art. 13; 3-19-2008 ATM by Art. 37; 3-27-2019 ATM by Art. 34; 4- 14-2021 ATM by Art. 33\] (2) The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation and tree protection requirements herein and the rules, regulations or manuals issued by the Select Board, the Tree Warden will issue a permit within 10 business days of receipt by the Tree Warden of the proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements, the Tree Warden shall so notify the applicant and deny the permit. D. Trees not removed. Trees that are to be left on the site and trees in the Town right-of-way must be protected as specified in Section VIIIB in the Tree Management Manual. These protection measures shall be delineated within a Tree Protection Plan prepared by a Certified Arborist and submitted to the Town, shall be installed prior to commencement of any site work, and shall remain in place until the site is ready for final landscaping. The applicant shall submit to the Town written documentation, prepared, dated and signed by a Certified Arborist, certifying that the required tree protections identified in the Tree Protection Plan have been installed. The plan (or any amendment) may allow for temporary encroachment within the critical root zone and/or drip-line of a Protected Tree, as necessary, provided it specifies mitigating measures the applicant shall take, including a maintenance plan for the tree. (1) Each Protected Tree or Town Tree retained shall be maintained in good health for a period of no less than twelve (12) months from the date of issuance of the Certificate of Occupancy. Should the tree die within this twelve (12) month period, the owner of the property shall be required to provide mitigation consistent with the requirements for the removal of a Protected Tree as contained herein within nine (9) months from the death of the original tree. \[Added 4-4-2007 ATM by Art. 13; amended 4-5-2017 ATM by Art. 37\] E. Failure to protect trees not removed. (5) Upon notice from the Tree Warden that work on any property on which a Protected Tree is located is being performed contrary to any applicable Tree Protection Plan or any provision of this Chapter, such work shall be immediately stopped by the Building Inspector or a designee of the Building Inspector. The stop work order shall be in writing, and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work will be permitted to resume. Article 35 – Require mitigation planting in certain instances (our preference is to consider this last) To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees to require planting of trees as part of mitigation for removal of trees; or act in any other manner in relation thereto. Description: This amendment would mandate tree planting when protected trees have been removed, with no option to pay a fee in lieu of replanting in certain circumstances. There is also a requirement that trees planted as mitigation survive for at least one year. Draft Motion for Article 35 Motion: That the Town’s Tree Bylaw, Chapter 120 section 8C of the Code of the Town of Lexington, be amended as follows: Amend § 120-8 C Mitigation as follows Add (5) It is required that a minimum number of trees shall be replanted in the front setback and/or the Town right-of-way and cannot otherwise be mitigated by paying into the tree fund. This required number of replanted trees shall be the lesser of i. that needed to satisfy the mitigation requirements for protected trees removed, and ii. that needed to achieve the desired minimum street-frontage tree spacing, as described below, subject to the availability of planting sites. The desired minimum street-frontage tree spacing is achieved when there is no greater than a 35' gap in between trees located in the combined area of the Town right of way and the front setback of a property, as measured along the street frontage. An available planting site shall conform to Tree Planting Guidelines established by the Tree Committee and approved by the Select Board. Planting may occur in the Town right-of-way with permission of the Tree Warden. Replanted trees shall be selected from the Large Shade Tree list, unless there are mitigating circumstances as delineated in the Tree Planting Guidelines. (6) All new trees planted to mitigate the removal of Protected Tree(s) shall be maintained in good health for a period of no less than 12 months from the date of issuance of the Certificate of Occupancy. If a replacement tree dies within this 12 months period, the owner of the property shall be responsible for replacing the tree with a tree equal to or greater than the size of the original replacement tree at the time of planting; such tree shall be planted within nine (9) months of the death of the original replacement tree. Article 36 - GENERAL BYLAWS - Exemptions To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees to specify the requirements under which town boards, committees or officials may grant an exemption under the Tree Bylaw; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Tree Committee) Description: This amendment would further specify the requirements for exemption from the bylaw for hazardous trees and certain invasive tree species. Draft Motion for Article 36 Motion: That the Town’s Tree Bylaw, Chapter 120 sections 3A, 9B and 9C of the Code of the Town of Lexington, be amended as follows: Amend § 120-3 Definitions as follows: A. CERTIFIED ARBORIST An arborist who is certified by the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association. Amend § 120-9 Emergencies and exemptions as follows: Provisions of this bylaw shall not apply to: B. Trees that are hazardous as determined in writing by the Tree Warden; Trees that in accordance with a Level 2 ISA, BMP Tree Risk Assessment submitted to the Town, have a high or extreme overall tree risk rating for which no alternative reasonable mitigation of the risk exists other than by the removal of the tree as determined in writing by a certified arborist. C. \[1\] Ailanthus altissima (Tree of Heaven). (Reserved) \[1\] Editor’s Note: Former Subsection C, which excluded invasive tree species, was repealed 3-22- 2010 ATM by Art. 27.