HomeMy WebLinkAboutAd Hoc Tree By-Law Committee, October 5, 2000 q�pr,
Minutes of Meeting
Ad Hoc Tree By-law Committee
October 5, 2000
8 a.m.
Present: Stacey Bridge-Denzak, Chair, John Frey, Gerry Whiting, Kathy Yates, Susan Solomon,
Betty Eddison, Patrck Mehr, Matthew Foti, Ginna Johnson, Brian Gilbert, Nell Walker, Scribe.
The Committee notes of September 21, 2000 were accepted as read. Chair Stacey Bridge-
Denzak substituted Susan Solomon as scribe for the November 2 meeting. The roster of
members was passed around for an e-mail update.
Subcommittee reports:
The bulk of the meeting was spent discussing the Policy Subcommittee's proposal to "close
the loopholes" perceived in the City of Newton's tree ordinance which covers private property
limited to multifamily developments. It has been proposed that Lexington's by-law cover both
private and public trees. (The Commonwealth's Chapter 87 law requires a permit for public
tree removal,but no local by-law can force a town to replace take-downs on public land.)
Patrick Mehr presented the proposal in the form of a diagram showing the conditions which
would trigger a permit for removal on private property
1 Is the property owner-occupied for less than 24 months?
2. Does the owner plan to move in less than two years?
3 Are there any "protected trees" (defined as any tree 8 inches or more DBH) in the setback
zone? (to be defined, but in essence a specified distance from the property line).
If any of these 3 conditions are met then the owner must apply for a permit. He may remove the
trees, but must replace them inch for inch either on his own land or pay into a tree fund
established to plant trees on public property(streets, schools, conservation land, parks). There
was extended discussion of the two year commitment: is it enforceable? Mehr summed up his
presentation by saying "You can't have it both ways. If you leave out one of the conditions,
then the permit doesn't work because of the loopholes"
The discussion then went on to examine some of the complexities of ownership: "farm status",
multifamily ownership, cluster zoning developments, condos and subdivision of larger
properties, both residential and commercial. (Chadwicks and Cotton Farm on Manett Road).
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Matt Foti emphasized that the permit process is directed at developers, new owner knockdowns
of existing housing,new owner clear-cuts,public tree removals,and home owners who do major
work extending to lot lines,
Stacey Bridge-Denzak thought we should go with the model and test it with public meetings,
modifying if needed.
Betty Eddison stated that this public process is very important to successful resolution and that
Town Meeting doesn't like surprises.
John Frey gave a brief report of the Implementation and Education Subcommittee's
recommmendations:
The group has examined Newton's Tree Manual and decided that the Lexington Manual should
be kept separate yet consistent with our proposed by-law and that its e alements are an on-going
process. (Newton's Manual is for public trees only and its purpose is to make public the current
standards and practices in planting and maintaining trees).
Nov 9th is the best time to have the initial public meeting,particularly if we wish to use the
Selectmen' office,which is preferable. Discussion then centered on who should be specially
invited, whether a draft of the by-law would be available ahead of time, whether to have a panel
or single presenter and how to channel questions.
Frey also suggested that we examine the recommendation that major highway construction
budgets should include 2% toward laedsespi$g,since such work often means tree removal.
p on*
The meeting was adjourned at 10:20.
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