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Home My WebLink About2024-12-09 SB Packet - Released SELECT BOARD MEETING Monday, December 9, 2024 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA PUBLIC COMMENTS Public corrlments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes fo r c o rrlment. Memb ers o f the B o ard will neither c o rrlment no r res p o nd, o ther than to ask questions of clarif'ication. Speakers are encouraged to notify the Select Board's Office at 781-698- 4 5 8 0 if they wis h to s p eak during p ub lic c o rrlment to as s is t the C hair in managing meeting time s. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. S elect Board Member Announcements and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA 1. D es ignate Ac ting To wn Manager 2. Approve Tax Bill Insert- S enior Tax Deferral Program 3. 2025 Automatic Amusement Device License Renewals AUTOMATIC AMUSEMENT DEVICES Lexington-Lodge#2204 B.P.O.E. (Golden Tee Gol� - 959 Waltham Street Lexington Lodge#2204 B.P.O.E. (Jukebox) - 959 Waltham Street 4. 2025 C las s I/I I Lic ens e R enewals C LAS S I Lexington Toyota- 409 Massachusetts Avenue C LAS S II A to Z Auto Who les ale - 20 Vine S treet Mabuchi Motorcars - 401 Lowell Street 5. 2025 C orrlmon Victualler Lic ens e Renewals COMMON VICTUALLER Aloft Hotel- 727 Marrett Road Beijing Chinese Dining- 1709 Massachusetts Ave Bruegger's Bagels - 413 Waltham Street C lay O ven Indian R estaurant- 1666 Mas s achus etts Ave C raft F o o d Hall- 10 Maguire R o ad C raft F o o d Hall- 105 0 Waltham S treet D aikanyama Jap anes e C uis ine - 43 Waltham S treet Durikin Donuts - 323 Marrett Road Dunkin Donuts -10 Woburn S treet Durikin Donuts - 141 Mas s achus etts Ave Durikin Donuts - 277 Bedford Street Element Hotel- 727 Marrett Road F io rella's Tratto ria- 2 5 Waltham S treet F ruitee Yo gurt- 1707 Mas s ac hus etts Avenue G alaray Hous e - 1720 Mas s achus etts Avenue il C as ale - 1727 Mas s achus etts Avenue Inspire Bowl n Tea- 1686 Massachusetts Ave Knights of Columbus Members Association Inc - 177 Bedford Street L exingto n G o lf C lub - 5 5 Hill S treet Lexington Elks C lub #2204 - 959 Waltham S treet Mario's Italian Restaurant- 1733 Massachusetts Avenue Qdoba Mexican Eats - 46 Bedford Street Rancatore's Ice Cream and Yogurt- 1752 Massachusetts Avenue Revival C afe� Kitchen- 1729 Mas sachusetts Avenue Revolution Hall- 3 Maguire Road Starbucks #7553 - 60 Bedford Street T he Up p er C rus t- 41 Waltham S treet T he Vintage Tea and C ake C o mp any- 21 Muzzey S treet Via Lago - 1845 Massachusetts Avenue 6. 2025 Entertainment Lic ens e R enewals ENTERTAINMENT Aloft Hotel- 727 Marrett Road B eijing C hines e Dining- 1709 Mas s achus etts Ave C lay O ven Indian R estaurant- 1666 Mas s achus etts Ave Element Hotel- 727 Marrett Road il C as ale - 1727 Mas s achus etts Avenue Love at First Bite - 1710 Massachusetts Avenue Revolution Hall- 3 Maguire Road Starbucks #7553 - 60 Bedford Street T he Up p er C rus t- 41 Waltham S treet Via Lago - 1845 Mas s achus etts Avenue 7. 2025 Liquor License Renewals ALL ALC OHOL/RE S TAURANT S C lay O ven- 1666 Mas s ac hus etts Avenue I1 C as ale - 1727 Mas s achus etts Avenue Love at First Bite - 1710 Massachusetts Avenue Revolution Hall- 3 Maguire Road Royal India- 7 Meriam S treet Via Lago - 1845 Mas s achus etts Avenue WINE/MALT RE S TAURANT S Daikanyama- 43 Waltham S treet Akame Nigiri& S ake - 1707 Mas s Ave Unit 2 F iorellas - 25 Waltham S treet Mario s - 173 3 Mas s ac hus etts Avenue Taip ei G ourmet- 211 Mas s achus etts Avenue Upp er Crust- 41 Waltham S treet Vintage Tea and C ake - 21 Muzzey S treet PACKAGE STORES B erman's - 5 5 Mas s ac hus etts Ave Lexington Wine & Spirits - 186 Bedford Street L exingto n L iquo rs - 7 D ep o t S quare Lib erty Wine and S p irits - 3 3 5 Woburn S treet Vinebrook Bottle - 131 Massachusetts Ave W his key& Wine - 5 5 B ed fo rd S treet C LUB S Lex. Golf Club - 55 Hill Street Lexington Lo dge#2204 B.P.O.E. - 959 Waltham S treet 8. Approve S elect Board Minutes • October 25, Select Board • No vemb er 8, S elec t B o ard • November 13, S elect Board 9. Approve One Day Liquor License - Munroe Center for the Arts - 1403 Mas s ac hus etts Ave • Annual End o f Year P arty- T hurs d ay, D ec emb er 12, 2024 fro m 6:OOp m- B:OOpm ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on S enior Tax Relief Programs 6:45pm 2. Review and Approve Transportation S afety Group Recorrlmendations for 6:SSpm Amendments to §192 Traffic Rules and Orders 3. Amend C ommittee Charges:Youth C ommis sion, S emiquinc entennial C ommis sion, 7:OSpm and D es ign Advis o ry C o mmittee 4. Liquor License Amendment- Change of Manager-Aloft 7:20pm 5. Review and Approve Sth Edition of the Tree Management Manual 7:30pm 6. ARPA: Follow-up on Final ARPA Spending 7:45pm 7. Acceptance of Modif'ied Turnaround Easement for 32 Brookside Avenue (formerly B:OSpm 10 Stedman Road) ADJOURN 1. Anticipated Adjour�lment 8:20pm Meeting Packet:https://lexington.novusagenda.com/agendapublic/ *Memb ers o f the p ub lic c an attend the meeting fro m their c o mp uter o r tab let b y c lic king o n the following link at the time of the meeting: http s://zoom.us/j/99739813810?pwd=bEZZNE9HK3MyY 1 Avc Wc SdONs Q OJIQ T 09 iP ho ne o ne-tap: �13092053325„99739813810#,,,,*153496# Telephone: • �1 929 205 6099 US Meeting ID: 997 3981 3810 Passcode: 153496 An Ac t R elative to Extending C ertain S tate o f Emergenc y Ac c o rrlmo d atio ns:http s://vc�vvw.mas s.go v/the-o p en-meeting-law A work session of the Select Board will be held on Monday, December 16, 2024 at 6:30pm via hyb rid p artic ip atio n. Hea�ing Assistance Devices Available on Request � All agenda time and the order of items a�approximate and � � � �,(�„ subject to change. Recard�d by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Select Board Member Announcements and Liaison Reports ITEM PRESENTER: NUMBER: LR.1 S UMMARY: Under this item, S elect Board Members can provide verbal updates, make announcements, as well as corrlment o n any ad d itio nal p o ints o r c o nc erns. T here are c urrently no written up d ate s o r anno unc ements fo r the Dec emb er 9, 2024 meeting. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Town Manager Weekly Update ITEM PRESENTER: NUMBER: T M.1 S UMMARY: Under this item, the Town Manager can provide verbal updates, make announcements, as well as corrlment on any additional points or concerns. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 ATTACHMENTS: Description Type � ��.��:�.��:�"�/�`�/�� :��;��i�� °;f ll , �� , �; � ��;. �rvA %/ � ,� � 4. � � �� ', i � �'Y � ��ww�� u� "�� i �; �� , 7�J��—�� '��I � `' � '� i� � I�/� � LEXI N(aTC�i�V % �� , �x � � hv1A��'a�1•��J�ETT� i�,,,%, ,��,��'�""` �i /� i��/��;fu��`,;'i.; '� Town Mana er's Office g Steve Bartha, Town Manager Tel: (781) 698-4540 Kelly Axtell, Deputy Town Manager Fax: (781) 861-2921 To: Select Board From: Steve Bartha,Town Manager Date: December 6, 2024 Subject: Weekly Update LAND USE—HOUSING & DEVELOPMENT: Planning: • On December 11, the Planning Board will hold a continued public hearing on the 312 unit proposal from Boston Properties for 17 Hartwell Ave. and open the public hearing for the 25 unit proposal at 185, 187-189 Bedford Street. • On November 20,the Planning Board approved the proposal from Cabot, Cabot& Forbes for 200 units with a commercial component at 331 Concord Ave. • The public hearings for the proposal at 231 Bedford St.was continued to January 15, and the hearing for 217-241 Massachusetts Avenue was continued to January 30. • There was a great turnout at November 19 open-house for the Hartwell/Bedford 25%design project at the Community Center. Attendees added comments and suggestions on rolled out plans (as shown in the photo), shared preferences for plant species and hardscaping, and asked questions to staff and the consultant VH6.The project team is attending the Conservation Commission meeting on December 2, 2024 to gather feedback on the proposed design; and a virtual public meeting will be held on December 10, 2024 to gather feedback from Wood Street neighborhood residents on future improvements to the roadway. � ��o�� , �� ,�„�� u,,�� % �%r ipi�V�l'u� %',,,�� ;,�� >,,:. ;; ;,. ; � �� ,., ,i '�I,k I�� N,�'�'"'' f ° „� ,,y»�, � �, frof�,,:�ro� �.,im. ��,� > �; �n ��I'I �.��r�,.,� ! � ;�,�� „�'" ��u� �'' f� //�i � ,/iiiiii//%iaiii % i //�%////i/�/ii�///ji i/�%� ��% �. ;ir��/%�iG�JJ/�/i,G�' ',�,,,Jl i. �� /rr,,,,,i� � .. ;, '%,..'�E%/rn. ��/ �', i �„o�.a.9rr�,�»�rr ...'�r�Nri'�� ow ' /, 1625 MASSACI�USETTS AVENUE • LEXINGTON, MA • 02420 LI BRARY: • The �ibrary would like to that the Cary �ibrary Foundation for their tireless work in support of the library. In addition to raising capital funds for our �ower �evel renovation project, the Foundation raises money annually to underwrite library events, programs, materials and special projects.This funding is the icing on our cupcake! And the sprinkles! • The Library's Teen �eadership Council has created an "Around Lexington Scavenger Hunt"for all ages. Beginning this week,test your knowledge of�exington by answering the weekly questions. Use the QR code (or print in library) to submit answers for a chance to win a prize! �� , � � � ' , � �� = N �� ,,,,,,,,, � ,� , N � 1 � ; � �� i ; � i� � �� , � � � �� I � : � �� • Many thanks to all the organizations around town who are hosting library events while our spaces are offline this year. Some December in person events are included below: o Beaded Felt Stars—Adult Craft—Monday, December 9 from 6:30—8:30 at the Lexington Community Center, 39 Marrett Road, �exington.,,,,,,,, oi��or,,,,�oi ,,,,,,o� oi� or ,�oior for this hands-on workshop. o Adult Writer's Group—Friday, December 13 from 3:00—4:00 at the Lexington Community Center, 39 Marrett Road, �exington.This is an informal group for adult writers interested in sharing work and making connections.This group meets monthly. • In addition to these great in person offerings,we have a full calendar of virtual programs including: o Europa Clipper—Tuesday, December 10 from 7:00—8:00 VIRTUAL.Join Nassa Solar System Ambassador for a talk about how the Europa Clipper will study the habitability of Jupiter's •,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,,,,,,,,• m oo n oi�� or� or � oi oi o�k o On Pulse-Pounding, Family Driven Mysteries: A Conversation with Laura Dave—Wednesday, December 11 from 2:00—3:00 VIRTUAL.Join NYT bestselling author Laura Dave for a � � �g � •,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,,,,,,,,• conversation a out er newest oo T e Ni t We Lost Him oi�� or� or � oi oio�k • This year the Youth Services team at the library is offering a full range of children's programs in Esta b roo k H a I I (o n t h e �owe r �eve I of t h e Ca ry M e m o ri a l 6 u i I d i ng). Ch ec k t he,�,,,oi, ,,,,,,or,,,,,or ,,,��,,,,,�, ,,,,,o� ,,,,,or eac h , month for a full list of dates/times.There are virtual programs for kids as well. ,,,% %i� ��I��aia��, ��b� �%,, ��i��" �,,�i ui,�� i��u��` � ��i��II��„u��,��, �� r�,,,� ,,„ � � ;,,;<,/ lf,,,,,, ,i „, ��Y�,IN�i, � �` I r�Qliiiiiiiiiillli�i�i�ilhtlQllluiigi ll�Y°rtlll I'ii '19 r ;��i;; ' ;� �,. ,. ,.. , � ,�I , , f ;%� , , � ; , ''; ; :.. ,�. ;� ,- ,'„�I„ �� ,1 , �� i i „ „ �, „ Y `../ 1 ) r/�1/f j �f I I. � I l � „0, � ; ; ,, ,... f ; ,< �� '°� %: /�, ��1Uif �� ' /i i( I��t QI r" C i W il�l!�;,,,x �r�l!��Iry r � �� i �, / � �� I�" I��k^W JW a��,�u,µ�,-Nn�lti�N^i��m�uw• , ' f �� l �ii;, , � ' J� ��,.( I f D��11D11�4 1 (� ,, i �� ,�%��, 'l� " � „ � , , �� i, , �� , , U��, � � ��,» �� /, „�� ° �, °"f� ,�rf,r�, 1 `l, , ��i��mf�lllll;�,'" '� I ,, , M,� I��'� �� , � ,��,��I�(NI� ;; ur�„ ; ;��"� �'�"��,�,,�,� Y��,� ,,;;,/ �,,,,,, ,� ;o i J��i��lr�r�:�n�f� r� � y� �/ ii i�1%/ ia„, ,,, �r i � ui I J 1Wy�1�V6il�r u �f)�! /�' , I, ��„ ' ...��%�� ' ��iy h, „r, yyJyy7%u�uvir�)��ayar»r»/�.:. �i� J��fJJl�lli�6/1%! �»> fp //// I�r;;�> ��h1,1�; � ;ii;� r�f�j, ��y/ f � I w �,� ;, /��;, �/r �� ; III y ; �� ; , � ,! `N��i�� J , � � ; � .� � w,y„��,% � �' �,� ; �� ,� .�,,�� , ' ; �t i ��„��M �,f i u � � � �/ili, i� �� ';� � , , � �: /% �1�1r��'l�� f , -„, °°,f,.;,,. /,' �,/f /frr�w; ,,,. �„ vY�6��impl�fdl�r�'9,�'�i(J ,ivv,�,(P�ammiwr.. ,, 6i1�''iillll I �,,;:.:.�"� u � i��f, o�i/ii�i+»;,3 p V°� mmlll I� f y//!'„", ��1�!„ ��,�S % II u� ' , , ,. , : ��I� � �' "' '' '' �"' '""" '� � ��Vui((ffli�eu�'�9�uiuuVrr iiuiV°iuuwuw,�yyumiuvm�i,:. ;!!��,!�!�'�1"�'. ;.,' /% �/i i��/ / I '�%Y�WI�y��,�viw�,�NNVIOi��;,,I@,�1��41�YN9'��;4ii�,. �� /� ,� �� ,�,�� ;�� ;,;��,��-��,��,�,��U��,�,� „�� ,�� % ,,,,,.,111,�i; ��',r��i�%��l� „� 1625 MASSACI�USETTS AVENUE • LEXINGTON, MA • 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: D e s ignate Acting Town Manager PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.1 S UMMARY: A vote is�equested fo�th is agenda item. You are being asked to approve the Town Manager's designation of Acting Town Manager in the Town Manager's ab s enc e. T his d es ignatio n is required b y the S elec tmen's - To wn Manager S p ec ial Ac t. SUGGESTED MOTION: Move to approve the designation of Kelly Axtell, Deputy Town Manager as Acting Town Manager in the Town Manager's ab s enc e and C aro lyn Ko s no ff,As s is tant To wn Manager fo r F inanc e, as Ac ting To wn Manager in the Town Manager's and Ms. Axtell's ab s enc e. FOLLOW UP: F ile with Town C lerk DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 ATTACHMENTS: Description Type � ��,:� ��..�,�v��,:� °;f ll , �� , �; � ��;. �rvA %/ � ,� � 4. � � �� ', i � �'Y � ��ww�� u� "�� i �; �� , 7�J��—�� '��I � `' � '� i� � I�/� � LEXI N(aTC�i�V % �� , �x � � hv1A��'a�1•��J�ETT� i�,,,%, ,��,��'�""` �i /� i��/��;fu��`,;'i.; '� Town Mana er's Office g Steve Bartha, Town Manager Tel: (781) 698-4540 Kelly Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Steve Bartha DATE: November 12, 2024 RE: Acting Town Manager As required by Section 6 of the Selectmen-Town Manager Act, I am designating Kelly Axtell as Acting Town Manager in my absence (e.g., out of town). If Kelly is also unavailable on the same days that I am, I designate Carolyn Kosnoff as Acting Town Manager. If approved by the Select Board, this designation will remain in effect unless I notify the Board in writing of a change. Thank you for your attention to this matter. 1625 MASSACI�USETTS AVENUE • LEXINGTON, MA • 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Tax B ill Ins ert - S enior Tax D eferral Program ITEM PRESENTER: NUMBER: C.1 S UMMARY: T his is an annual reque s t to ap p ro ve a tax b ill ins ert to p ro mo te the S enio r Tax D eferral P ro gram to L exingto n taxp ayers. I f ap p ro ved, this ins ert will b e inc lud ed the the F Y202 5 third quarter tax b il�s whic h will b e mailed at the end o f D ec emb er 2024. SUGGESTED MOTION: to approve the tax blll insert as proposed. Move to approve the consent agenda FOLLOW UP: F inanc e Dep artment DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 ATTACHMENTS: Description Type � ��"��.�:��,:��"�� :��;��i�� , . en ion eniors. Lex�n ton Pro ert Tax Deferrals are Safe and Affordable J p Y If you are a Lexington Senior aged 65 or older with a 2023 gross household income of $103,000 or less, you can postpone paying all or any part of your property tax bill and let the value of your house pay th e tax b i I I I ate r. • Fiscal Year 2025 deferrals will enjoy a low simple interest rate of 4.92% . Each year's deferral is like an individual loan that doesn't have to be repaid during your lifetime or your spouse's lifetime unless home ownership is transferred or you choose to pay it off. • For detai led q ual ifyi ng i nformation on the Property Tax Deferral Prog ram and other State and local tax programs call the Town Assessor's Office at 781-698-4578. • A brochure describing all property tax exemptions and deferrals is available at the Assessor's Office, the Lexington Community Center and on-line at: www.lexingtonma.gov/168/Elderly-Other-Tax-Relief • For general inquiries on financial assistance programs please contact Human Services at 781-698-4840. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: 2025 Automatic Amusement Device License Renewals PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.3 S UMMARY: Category:Decision-Making T he S elec t B o ard is b eing as ked to ap p ro ve the 2 02 5 Annual Auto matic Amus ement D evic e L ic ens e renewals. T he S elec t B o ard O ffic e is in rec eip t o f all o f the required d o c umentatio n fo r the renewals o f the fo llo wing bus ines s ho lding(2)Automatic Amus ement Devic e Lic ens es: AUTOMATIC AMUSEMENT DEVICES Lexington Lodge#2204 B.P.O.E. (Golden Tee Gol� - 959 Waltham Street Lexington Lodge#2204 B.P.O.E. (Jukebox) - 959 Waltham Street SUGGESTED MOTION: To approve the 2025 Annual Automatic Amus ement Devic e Lic ens e Renewals for the following busines s: AUTOMATIC AMUSEMENT DEVICES Lexington Lodge#2204 B.P.O.E. (Golden Tee Gol� - 959 Waltham Street Lexington Lodge#2204 B.P.O.E. (Jukebox) - 959 Waltham Street Move to approve the consent. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: 2025 Class UII License Renewals PRESENTER: ITEM NUMBER: D o ug Luc ente, C hair C.4 S UMMARY: Category:Decision-Making T he S elec t B o ard is b eing as ked to ap p ro ve the 202 5 Annual C las s I/I I Lic ens e renewals. T he S elec t B o ard O ffic e is in rec eip t o f all o f the required do c umentatio n and d ep artmental reviews with s ign-o ffs fo r the renewals o f the fo llowing bus ines s es ho lding a C las s I/I I Lic ens e: C LAS S I Lexington Toyota- 409 Massachusetts Avenue C LAS S II A to Z Auto Who les ale - 20 Vine S treet Mabuchi Motorcars - 401 Lowell Street SUGGESTED MOTION: To approve the 2025 Annual Class I/II License Renewals for the following businesses: C LAS S I Lexington Toyota- 409 Massachusetts Avenue C LAS S II A to Z Auto Who les ale - 20 Vine S treet Mabuchi Motorcars - 401 Lowell Street Move to approve the consent. FOLLOW UP: S elect Board Department. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: 2025 Common V'ictualler License Renewals PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair C.5 S UMMARY: Category:Decision-Making T he S elec t B o ard is b eing as ked to ap p ro ve the 202 5 Annual C o mmo n Vic tualler L ic ens e renewals. T he S elec t Board O ffice is in receipt of all of the required documentation and departmental reviews with sign-offs for the renewals o f the following busines s es holding a C ommon Victualler Lic ens e: COMMON VICTUALLER Aloft Hotel- 727 Marrett Road B eijing C hines e Dining- 1709 Mas s achus etts Ave Bruegger's Bagels -413 Waltham S treet C lay O ven Indian R estaurant- 1666 Mas s achus etts Ave C raft F o o d Hall- 10 Maguire R o ad C raft F o o d Hall- 1050 Waltham S treet Daikanyama Japanese Cuisine -43 Waltham Street Dunkin Donuts - 323 Marrett Road Dunkin Donuts -10 Woburn S treet Dunkin D o nuts - 141 Mas s ac hus etts Ave Dunkin Donuts - 277 Bedford Street Element Hotel- 727 Marrett Road F iorella's Trattoria- 25 Waltham S treet F ruitee Yo gurt- 1707 Mas s ac hus etts Avenue G alaray Hous e - 1720 Mas s achus etts Avenue il C as ale - 1727 Mas s ac hus etts Avenue Inspire Bowl n Tea- 1686 Massachusetts Ave Knights of Columbus Members Association Inc - 177 Bedford Street Lexington Golf C lub - 55 Hill S treet Lexington Elks C lub #2204 - 959 Waltham S treet Mario's Italian Restaurant- 1733 Massachusetts Avenue Qdoba Mexican Eats -46 Bedford Street Rancatore's Ice Cream and Yogurt- 1752 Massachusetts Avenue R evival C afe+ Kitc hen- 1729 Mas s ac hus etts Avenue Revolution Hall- 3 Maguire Road S tarbucks #7553 - 60 Bedford S treet T he Up p er C rus t-41 Waltham S tre et T he Vintage Tea and C ake C o mp any- 21 Muzzey S treet Via Lago - 1845 Mas s achus etts Avenue SUGGESTED MOTION: To ap p ro ve the 202 5 Annual C o mmo n Vic tualler L ic ens e R enewals fo r the fo llo wing b us ine s s e s: COMMON VICTUALLER Aloft Hotel- 727 Marrett Road B eijing C hines e Dining- 1709 Mas s achus etts Ave Bruegger's Bagels -413 Waltham S treet C lay O ven Indian R estaurant- 1666 Mas s achus etts Ave C raft F o o d Hall- 10 Maguire R o ad C raft F o o d Hall- 1050 Waltham S treet Daikanyama Japanese Cuisine -43 Waltham Street Dunkin Donuts - 323 Marrett Road Dunkin Donuts -10 Woburn S treet Dunkin D o nuts - 141 Mas s ac hus etts Ave Dunkin Donuts - 277 Bedford Street Element Hotel- 727 Marrett Road F iorella's Trattoria- 25 Waltham S treet F ruitee Yo gurt- 1707 Mas s ac hus etts Avenue G alaray Hous e - 1720 Mas s achus etts Avenue il C as ale - 1727 Mas s ac hus etts Avenue Inspire Bowl n Tea- 1686 Massachusetts Ave Knights of Columbus Members Association Inc - 177 Bedford Street Lexington Golf C lub - 55 Hill S treet Lexington Elks C lub #2204 - 959 Waltham S treet Mario's Italian Restaurant- 1733 Massachusetts Avenue Qdoba Mexican Eats -46 Bedford Street Rancatore's Ice Cream and Yogurt- 1752 Massachusetts Avenue R evival C afe+ Kitc hen- 1729 Mas s ac hus etts Avenue Revolution Hall- 3 Maguire Road S tarbucks #7553 - 60 Bedford S treet T he Up p er C rus t-41 Waltham S tre et T he Vintage Tea and C ake C o mp any- 21 Muzzey S treet Via Lago - 1845 Mas s achus etts Avenue Move to approve the consent. FOLLOW UP: S elect Board O ffice. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: 2025 Entertainment License Renewals PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair C.6 S UMMARY: Category:Decision-Making The S elect Board is being asked to approve the 2025 Annual Entertainment License renewals. The S elect B o ard O ffic e is in rec eip t o f all o f the required d o c umentatio n fo r the renewals o f the fo llo wing b us ine s s e s ho lding an Entertainment Lic ens e: ENTERTAINMENT Aloft Hotel- 727 Marrett Road B eijing C hines e Dining- 1709 Mas s achus etts Ave C lay O ven Indian R estaurant- 1666 Mas s achus etts Ave Element Hotel- 727 Marrett Road il C as ale - 1727 Mas s ac hus etts Avenue Lo ve at F irs t B ite - 1710 Mas s ac hus etts Avenue Revolution Hall- 3 Maguire Road S tarbucks #7553 - 60 Bedford S treet T he Up p er C rus t-41 Waltham S tre et Via Lago - 1845 Mas s achus etts Avenue SUGGESTED MOTION: To ap p ro ve the 202 5 Annual Entertainment L ic ens e R enewals fo r the fo llo wing b us ine s s e s: ENTERTAINMENT Aloft Hotel- 727 Marrett Road B eijing C hines e Dining- 1709 Mas s achus etts Ave C lay O ven Indian R estaurant- 1666 Mas s achus etts Ave Element Hotel- 727 Marrett Road il C as ale - 1727 Mas s ac hus etts Avenue Lo ve at F irs t B ite - 1710 Mas s ac hus etts Avenue Revolution Hall- 3 Maguire Road S tarbucks #7553 - 60 Bedford S treet T he Up p er C rus t-41 Waltham S tre et Via Lago - 1845 Mas s achus etts Avenue Move to approve the consent. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: 2025 Liquor License Renewals PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair C.7 S UMMARY: Category:Decision-Making The S elect Board is being asked to approve 2025 Liquor License renewals for the establishments listed below. The licensees have supplied the necessary paperwork for the renewal. ALL AL C O HO L/RE S TAURAN T S C lay O ven- 1666 Mas s ac hus etts Avenue I1 C as ale - 1727 Mas s ac hus etts Avenue Lo ve at F irs t B ite - 1710 Mas s ac hus etts Avenue Revolution Hall- 3 Maguire Road Royal India- 7 Meriam S treet Via Lago - 1845 Mas s achus etts Avenue WINE/MALT RE S TAURANT S Daikanyama-43 Waltham S treet Akame Nigiri& S ake - 1707 Mas s Ave Unit 2 F iorellas - 25 Waltham S treet Mario s - 173 3 Mas s ac hus etts Avenue Taip ei G o urmet- 211 Mas s ac hus etts Avenue Upper Crust-41 Waltham Street Vintage Tea and C ake - 21 Muzzey S treet PACKAGE STORES B erman's - 5 5 Mas s ac hus etts Ave Lexington Wine & Spirits - 186 Bedford Street Lexington Liquors -7 Depot S quare Lib erty Wine and S p irits - 3 3 5 Woburn S treet Vineb ro o k B o ttle - 131 Mas s ac hus etts Ave Whiskey& Wine - 55 Bedford Street CLUBS Lex. Golf Club - 55 Hill Street Lexington Lodge#2204 B.P.O.E. - 959 Waltham Street SUGGESTED MOTION: To ap p ro ve the fo llo wing 202 5 Annual L iquo r L ic ens e R enewals: ALL AL C O HO L/RE S TAURAN T S C lay O ven- 1666 Mas s ac hus etts Avenue I1 C as ale - 1727 Mas s ac hus etts Avenue Lo ve at F irs t B ite - 1710 Mas s ac hus etts Avenue Revolution Hall- 3 Maguire Road Royal India- 7 Meriam S treet Via Lago - 1845 Mas s achus etts Avenue WINE/MALT RE S TAURANT S Daikanyama-43 Waltham S treet Akame Nigiri& S ake - 1707 Mas s Ave Unit 2 F iorellas - 25 Waltham S treet Mario s - 173 3 Mas s ac hus etts Avenue Taip ei G o urmet- 211 Mas s ac hus etts Avenue Upper Crust-41 Waltham Street Vintage Tea and C ake - 21 Muzzey S treet PACKAGE STORES B erman's - 5 5 Mas s ac hus etts Ave Lexington Wine & Spirits - 186 Bedford Stree Lexington Liquors -7 Depot S quare Lib erty Wine and S p irits - 3 3 5 Woburn S treet Vineb ro o k B o ttle - 131 Mas s ac hus etts Ave Whiskey& Wine - 55 Bedford Street CLUBS Lex. Golf Club - 55 Hill Street Lexington Lodge#2204 B.P.O.E. - 959 Waltham Street Move to approve the consent FOLLOW UP: S elec t B o ard D ep artment. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Select Board Minutes PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair C.8 S UMMARY: Category:Decision-Making T he S elec t B o ard is b eing as ked to ap p ro ve the fo llo wing s et o f minute s: • October 25, Select Board • November 8, S elect Board • November 13, S elect Board SUGGESTED MOTION: To ap p ro ve and releas e the fo llo wing minute s: • October 25, Select Board • November 8, S elect Board • November 13, S elect Board Move to approve the consent FOLLOW UP: S elec t B o ard D ep artment. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 ATTACHMENTS: Description Type � �� a"flf"�I Q�:�,�r:�,Q�:�,��,��,�r�� ;�,��.�� .��,��r��,� � �� a"flf"�I�I Q��:�,Q�:�,��,��,�r�� ;�,��.�� .��,��r��,� � �� a"flf"�I�I�I��:�,Q�:�,��,��,�r�� ;�,��.�� .��,��r��,� SELECT BOARD MEETING October 25, 2024 A meeting of the Lexington Select Board was called to order at 9:OOa.m. on Friday, October 25,2024, via a remote meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were present, as well as Ms. Axtell, Interim Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENT Dawn McKenna, 9 Hancock Street, stated that the community strives for constant improvement and, as a result,many times public comments come across as being against something that has been done. In that light, she noted that the work being done by the 250th Committee deserves a special thank you. She stated that she saw Town employees,residents, and visitors participating in the recent drone show. She recognized all who came together to make the event possible. Olga Guttag, 273 Emerson Road and member of the LHS For All group,thanked the Board for paying a lot of attention to the High School proj ect and to the MBTA zoning. She urged the Board to ask the Building Committee to slow down the proj ect and support Article 8. The current proj ect has the same problem as the original project, in that the enrollment is impossible to project. She would like to make sure that the Town builds a school that is neither too small,nor too large. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Ms. Barry shared an email she sent to Ms. Axtell on behalf of the Semiquincentennial Commission Lex250 and the Drone Show Working group thanking those involved in the event. Ms. Hai stated that she was recently in Lexington's sister city of Antony France,where she was able to deliver a personal invitation to the Mayor and his staff to attend next April's Semiquincentennial celebrations. Mr. Pato stated that, at last Monday's Select Board meeting,Ms. Hai asked a question regarding costs that were integrated into the estimated cost for the High School building proj ect. This question was sent to the consulting staff and the response was that all costs for field replacement, ground improvements, and legal fees for Article 97 are covered within the overall budget. The differences in construction costs at different locations are integrated into the costs. DOCUMENTS: Announcements and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update Ms. Axtell stated that the Town's Department of Public Works was recognized by the New England Chapter of the American Public Works Association as the Outstanding Department of the Year at the fall conference. She noted that the elementary students recently voted through the Town Clerk's office for the dog tag license. Out of a total number of 969 students voting, 473 students voted for the winner of the acorn shape. DOCUMENTS: Weekly update 10.18.25 CONSENT AGENDA 1. Request to Amend: One-Day Liquor License—Galaray House, 1720 Massachusetts Ave • 'First Friday'Art Event- Thursday, December 5, 2024, from S:OOpm- 8:OOpm. To approve the amended hours on Galaray House's One-Day Liquor License for their'First Friday' event to now read December 5, 2024, from 6:00 p.m. to 8:00 p.m. 2 Approve: One-Day Liquor License—Spectacle Management, Inc., 1605 Massachusetts Avenue Cary Hall Concert Series: • November 11, 2024-Jesse Cook • November 24, 2024-Daniel O'Donnell • December 11, 2024 -Big Bad Voodoo Daddy • December 12, 2024 - Irish Tenors • December 20, 2024 - Canadian Brass To approve five One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of their concert series. 3. Approve: One-Day Liquor License—Monroe Center for the Arts, 1403 Massachusetts Avenue • Off Beat Tap Company- Seasonal Suites Jazz Event: Friday,November 1, 2024, from 7:30 pm- 9:00 pm. To approve a One-Day Liquor License for the Monroe Center for the Arts, 1403 Massachusetts Avenue, to serve cocktails from 7:30 pm to 9:00 pm on Friday,November l, 2024. 4. Approve: One-Day Liquor License—Access Sports America,453 Concord Avenue • Fundraiser-Thursday,November 14, 2024, from 6:00-9:00 pm. To approve a One-Day Liquor License for Access Sports America,453 Concord Avenue,to serve beer and wine from 6:00 pm to 9:00 pm on Thursday,November 14,2024. 5. Approve Select Board Minutes • September 19,2024, Summit • September 23,2024, Select Board • October 7,2024, Select Board To approve and release the following minutes: • September 19,2024, Summit • September 23,2024, Select Board • October 7, 2024, Select Board DOCUMENTS: DRAFT 09192024-Summit Minutes, DRAFT 09232024 Select Board Minutes, DRAFT 10072024 Select Board Minutes 6. Approve and Sign Eagle Scout Commendation Letters—Marc Haddad&Thomas Trout To approve and sign a letter of commendation congratulating Marc Haddad and Thomas Trout of B SA 160 for attaining the highest rank of Eagle in scouting. DOCUMENTS: Eagle Letter- Thomas Trout, Eagle Letter-Marc Haddad 7. Approve Town Manager Committee Reappointment Commission on Disability-Victoria Buckley To confirm the Interim Town Manager's reappointment of Victoria Buckley to the Commission on Disability with a term set to expire October 30, 2027. 8. Approve and Sign Proclamation—National First Responders Day National First Responders Day -Monday, October 28,2024. To approve and sign a proclamation recognizing October 28,2024, as National First Responders Day in the Town of Lexington. DOCUMENTS: 2024 First Responders Day October 2024 VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location-National Grid- 73 Waltham Street • Extension of gas main from Vinebrook Road onto Waltham Street • Service line from extension to back of 73 Waltham Street Mr. Lucente opened the public hearing at 9:17am. Mr. Lucente explained that National Grid is seeking a Grant of Location in the Town's right of way to install approximately 175' of 6"plastic main extending from the existing 6"plastic main in Vine Brook Road to Waltham Street and install up to approximately 240' of 2"plastic service extending around the western side of the building at 73 Waltham Street from the proposed main extension 6"plastic main in Waltham Street,Lexington. This grant of location request from National Grid is related to Verizon's proj ect to install a Fuel Cell at the rear of 73 Waltham Street. Engineering has reviewed this application and has no obj ections to work being done in the right of way.National Grid will be required to get all necessary permits from Town Departments related to this grant of location work. Mr. Sandeen asked if Verizon has applied for building and electrical permit. He asked if there has been a fire safety review, or an emergency management plan approved. He asked if the Health Department reviewed the plans to store hazardous materials on site,which are required for this installation. He asked if Verizon has informed the neighboring businesses and local residents of their plans to install something that is essentially a power plant in the center of Lexington. Mary Mulroney,National Grid, explained that the grant is needed in order to then apply for permits. She noted that Bloom Energy will be the company doing this work. John Livsey, Town Engineer, stated that staff does not have concern with the work proposed in the roadway and will be issuing a permit, if the grant is approved. The permit will give specific requirements for road repairs and etc. The Engineering Department has no oversight or jurisdiction on the fuel cell concerns. This would be handled by the Building Commissioner. Ms. Barry asked about the timeline for the proj ect, if action is not taken by the Board this evening. She asked for additional information from Verizon. Ms. Katzenback stated that there is no precursor of having an approved grant of location before the applicant can apply for the building and electrical permit. The Building Commissioner recommended the applicant apply. Staff and National Grid tried to pass this information along to Bloom Energy but it is unclear if they have yet applied. Mr. Lucente,upon hearing from Mr. Livsey, stated that there appears to be time for the Board's questions to be answered before voting on this item. It was agreed that the Board would not take action on this item at thi s time. The hearing was closed at 9:31 am. DOCUMENTS: National Grid Grant of Location Peition,Plans 2. Noise Bylaw Special Permit-Pleasant Street Mr. Lucente opened the hearing at 9:32am. He explained that the DPW-Engineering Division along with the contractor Unified Construction is nearing completion of the Pleasant Street roadway, sidewalk, and intersection improvements proj ect. Mr. Livsey stated that the limits of this work are along Pleasant Street, from Follen Road to Watertown Street. The current intent is for the top course paving to occur during the day on Monday,November 4tn However,the request is to secure Sunday,November 3rd from Spm-7am as a backup date. The hearing notice was delivered to abutters within 300' of the proposed work area as well as advertised in the Lexington Minuteman Newspaper. In advance of paving, all abutters will be notified of the exact date and there will be an interactive information page available. Mr. Pato noted that the audible rumble strips for people crossing with visual impairments are set at a diagonal on the intersection of Pleasant Street and Follen Road,which leads them into the middle of the intersection instead of to the crosswalk. Mr. Livsey explained that there is no legal requirement for this to be perpendicular to the road crossing. This is done whenever physically possible but oftentimes,the angle of the street coming into it keeps this from being perfectly square and forces it to be skewed. Mr. Sandeen expressed concern with the proposed road construction noise occurring that late into the night,but is encouraged by fact that this is only a backup plan. Ms. Barry asked about the detour proposed for this work. Mr. Livsey agreed that this is a difficult area to detour,but staff has done this before successfully. Ms. Barry noted that she has concerns with this detour during the day. While she is also concerned about the noise at night, it may be a balance with the significant detour needed during the day. She would be in favor of the night work. Ms. Hai agreed. Mr. Livsey explained that the priority cannot be swapped due to the temperatures needed(40 degrees and rising) in order to complete the work. The Board asked that all maj or entities impacted by this proposal have it made clear to them that this work will likely take place in the daytime and with the least amount of impact possible. The hearing was closed at 9:47am. VOTE: LTpon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a Noise Bylaw Special Permit for DPW-Engineering/Unified Construction for evening work to be conducted during the hours between S:OOpm Sunday,November 3, 2024,to 7:OOam Monday,November 4, 2024. DOCUMENTS: Noise bylaw waiver request 3. Liquor License Amendment-Lexington Liquors Corp- 7 Depot Square -DBA Change and Pledge of License Mr. Lucente explained that Lexington Liquors Corp, located at 7 Depot Square,has submitted all the necessary paperwork needed to request a change of their D/B/A name from Lexington Liquors to Lexington Market and Liquors on their All Alcohol Package Store Liquor License and also for their request for a pledge of license and inventory as collateral for their bank loan. The applicant has confirmed that while the store name is being updated to include the word `Market,' their business model is still an Alcohol Package store, selling some pre-packaged food items. The applicant affirms they will continue to comply with the Select Board Alcohol Regulations for Package Stores. Mr. Matthew Porter, legal counsel for the applicant, explained that this is a rebranding. Liquor sales will still be well above 50%of the gross sales. VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 5-0 to approve the Lexington Liquors Corp application for a change of D/B/A to amend their All Alcohol Package Store Liquor License to Lexington Liquors Corp olb/a Lexington Market and Liquors at 7 Depot Square; and further to approve the Lexington Liquors Corp application for the Pledge of License and Inventory. DOCUMENTS: Liquor Amendment Application, Copy of Store Layout Plan 4. Discussion on the Building Decarbonization Roadmap Maggie Peard, Sustainability and Resilience Officer, explained that one of the requirements to become a designated Climate Leader Community is to have a municipal decarbonization roadmap—a plan to show how the Town will achieve net zero emissions by 2050 for its own operations. She,along with staff from Facilities,Public Works,Fire, and Police Departments,have been working with PowerOptions to develop a roadmap that is focused on fleet and building decarbonization. Michelle Gardiner,PowerOptions,presented the roadmap draft. Mr. Sandeen stated he felt that the roadmap draft is excellent and is especially pleased with the priorities that have been established, including identifying the charging infrastructure needed to accompany the Town's Fleet Electrification Plan. Mr. Sandeen suggested that Level 2 charging infrastructure has a broader charging range than stated in the draft document. Mr. Lucente agreed that there are some assumptions in the roadmap regarding government subsidies and funding,but there is a question as to what may happen if those incentives disappear. He asked how the roadmap will be adapted in the future based on upcoming technology. Ms. Peard noted that the roadmap should likely be reexamined on a regular basis during the capital planning process. Ms. Gardiner agreed that every three years may be a reasonable review timeline. DOCUMENTS: Lexington Climate Leader Roadmap 5. Special Town Meeting-2024-1 -Article 9: Resolution- Design Process of Crematory at Westview Cemetery(Citizen Petition) Anil Ahuja and Sanjay Padaki presented Article 9. This is a request for Town Meeting to indicate to staff to explore a crematory at Westview Cemetery. The four points for this Article are that cremations continue to increase throughout the US compared to what was reviewed during the Ad Hoc Committee report; cremations offer a more economic option to residents; there is an increasing local need for a crematory; and a local crematory will afford all residents an equitable right. There were nearly 300 signatures obtained for this Citizen's Petition. Ms. Barry stated that, having served as the chair of the Ad Hoc Crematory Committee, she appreciates an update on the need for crematory services in the area and everyone who signed the Citizen's Petition, however, she is concerned about a Citizen's Petition requesting design funding for a capital structure that is not in the current capital plan. There is instead an opportunity to discuss bringing this item into the capital plan by reconstituting the Ad Hoc Committee to bring new information forward. Mr. Pato stated that this is not a budget request at this time. This is a request for Town leadership to develop a budget request. There seems to be community interest and need,and this is a worthy request that he supports. Ms. Hai stated that it feels appropriate to revisit the Ad Hoc Committee's results at this time. It is unclear if this proposal is the best way to do that. She would like a Committee to update the research prior to bringing this forward. Mr. Lucente stated that,while chairing the Ad Hoc Committee,he learned about what it takes for this type of business to be fiscally sustainable. He would need to know more about what has changed with the economics of this type of business in order to move forward. Mr. Sandeen agreed with Mr. Lucente's comments. He stated that the accelerating trends presented by the proponents are compelling. However,his recollection from the previous Ad Hoc Committee report on this topic was that establishing a crematorium would be difficult from a business perspective. He would like to take another look at the business case to see whether the trends justify moving forward. He would also like to hear from Town staff regarding potential construction costs. Mr. Padaki stated that the design appropriation for FY26 came up at the Appropriation Committee meeting yesterday. It appears as though it may be too late to include this in the FY26 budget. There was a proposal to amend that language in the motion. From a business model perspective, given the costs differences between a burial and a cremation,this will never be a financially sustainable model. Thus,the capital investment needs to be justified in other ways, such as the trend increases in cremations. Mr. Lucente stated that the proposed FY27 appropriation in the motion seems reasonable. Ms. Barry and Ms. Hai agreed with advancing this to FY27 and suggested including language regarding reconstituting the Ad Hoc Crematory Committee to update their work. DOCUMENTS: Article 9 Crematory Motion, Article 9 Crematory Presentation 6. Special Town Meeting 2024-1 - Select Board Article Positions The Board discussed Article positions and the concept of a report to Town Meeting. Mr. Pato stated that the Board has been hearing concerns from members of the community regarding growth of the Town. In order to better communicate with the community on this topic, he recommended drafting a scope of concerns and potential approaches to be taken. He also suggested that the report to Town Meeting could include responses from Board members in writing on the Citizen's Petition Articles. Mr. Sandeen and Ms. Hai suggested that the report focus on a recognition of the scope of the issues we will be addressing, allowing for additional opportunity for public feedback, while not addressing what will be done as this may yet be premature. Ms. Barry noted that the Board should advise the Planning Board if it plans to make a statement regarding MBTA Communities. She suggested that a communication portal could also be created for this item. The Board agreed to review a draft report at its November 8th meeting. The Board agreed to place Articles#2 and#6 onto the Consent Agenda. Regarding Article 7, all Board members took a `yes' position, except for Mr. Sandeen who remained a `wait.' DOCUMENTS: Select Board Working Document-Positions STM 2024-1 ADJOURN VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 5-0 to adjourn at 10:58am. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING November 8, 2024 A meeting of the Lexington Select Board was called to order at 9:OOa.m. on Friday,November 8, 2024,via a remote meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen,were present, as well as Steve Bartha, Town Manager, Kelly Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENT Peter Kelley, 24 Forest Street, confirmed that he would be able to speak on Article items#7 and#8 later in the meeting. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Sandeen stated that yesterday at the Community Preservation Committee(CPC)meeting, Town Staff submitted a financial analysis showing that the proj ected CPA revenue for this year will be approximately $8.1 M, including the State match. Staff also prepared a summary of this year's applications for CPA funding totaling approximately$13.1M. This is a difference of approximately$SM. The Capital Expenditures Committee also previously recommended that CPC avoid incurring debt to fund these projects. Mr. Sandeen stated that the Affordable Housing Trust met yesterday with Town Counsel in Executive Session to discuss parcel 68-44. The Affordable Housing Trust is expected to schedule additional executive sessions over the next two weeks on the same topic,prior to making a recommendation to the Select Board. Ms. Barry stated that the Recreation Committee met three times this week. At their third meeting, Wednesday night,they were unable to reach quorum and were planning to discuss the amendment proposed for Article Seven. This will instead be discussed on Tuesday. Ms. Barry congratulated Sal Frelick for successfully winning his first Golden Glove during his first full year in Maj or League Baseball for Milwaukee Brewers. Mr. Lucente noted that this is the Board's first official meeting with Town Manager Bartha. The Board welcomed Mr. Bartha. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that he has met with a few Staff inembers and is excited to continue in the position and meet additional Staff inembers. DOCUMENTS: Weekly Update 11-1-24 CONSENT AGENDA 1. Approve One-Day Liquor License—First Parish in Lexington, 7 Harrington Road • Voices on the Green Event: Friday,November 22, 2024, from 6:OOpm- 9:30pm. To approve a One-Day Liquor License for the First Parish in Lexington to serve beer and wine at7 Harrington Road on November 22, 2024, from 6:00 pm- 9:30 pm. 2. Accept Select Board Committee Resignations • Greenways Corridor Committee-Yifang Gong • Town Celebrations Committee -Yifang Gong To accept the resignation of Yifang Gong from the Greenways Corridor Committee&the Town Celebrations Committee, effective immediately. DOCUMENTS: 2024 Resignation-Greenways Corridor&Town Celebrations Committee From Y. Gong_Redacted 3. Approve and Sign Proclamation—Employee Recognition Day • Employee Recognition Day-Tuesday,November 26,2024. To approve and sign a proclamation for Employee Recognition Day to honor all Town employees and to recognize those employees with 10, 15, 20,25, 30 and 40 years of service. DOCUMENTS: Employee Recognition Day VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Lead and Copper Replacement Program Dave Pavlik, Superintendent of Water and Sewer, and Tyler Schmidt,Environmental Partners,updated the Board on the steps Staff is taking to stay in compliance with DEP on Lead and Copper. Specifically, there was discussion regarding the material survey of the Town's water services, and the requirements for residential notification and other regulations that the Town is required to meet. The EPA's new Lead and Copper Rule revisions took effect on October 16, 2024.Among those new rules was a requirement to submit an initial inventory of all of the materials of the water services to buildings to Mass DEP by that same date. The survey was submitted on behalf of the Town and Lexington is compliant with the Lead and Copper Rule revisions. Mr. Schmidt reviewed the public materials associated with this proj ect,including an interactive map. DOCUMENTS: LCRR GR Letter Template,LCRR RR Letter Template,LCRR unknown Letter template, Lexington LSLR project memo 2. Update on Stone Building and Next Steps Mike Cronin, Director of Facilities, explained that, at Annual Town Meeting 2023, $400,000 was appointed through Article l0a for the hiring of an architect to help identify uses for the Stone Building. In the fall of 2023, Spencer Preservation Group was hired and has been working on this proj ect. Lynne Stanley and Doug Manly, Spencer Preservation Group,presented an update to the Board. There have been several ideas submitted for this building. The second floor could be restored for community/lyceum space,with the building updated to meet code requirements. There is concern for creating a sustainable operating system for the building. A catering kitchen on the second floor would help to support functions in the space. The project could be divided into three phases: The first phase would address the structural and building repairs in the main block, as well as building the"L"addition. This is estimated at just over$2M,with the assumption of construction in 2026 and 2027. The next phase would be the internal work in terms of infrastructure, an elevator,mechanical, electrical and fire protection, and utilities at just over$3.1 M. Phase three would be the interior fit out and site work at $844,000. This results in a combined budget total of$6,060,100. If all done in a single project,the cost could be $5,471,23 3. Mr. Cronin provided a review of several options that the Town had considered a couple years ago. There were some original suggestions as to what next steps might be. One idea was to put out an RFP indicating what the use might be and how the user group would want the facility to look and operate. Another request was to determine whether the user group could contribute to the capital expenses needed to modify the floor plans for the proposed operation to happen.Another option to consider is whether there is a possibility that the Town wants to have the entire responsibility to staff this facility. Mr. Sandeen stated that the Select Board has been struggling with the chicken and egg nature of this request and that he has some concerns with appropriating funds prior to having a tenant identified. He discussed the option of issuing an RFP to select a tenant. He stated that the Town has a precedent and a successful model for addressing this type of situation from LexFarm 10 years ago. We first selected a tenant for the property and then asked them to develop a business plan, so that we could understand whether we had a sustainable business model going forward. He has concerns with appropriating funds prior to having a tenant identified. His first concern is—He would like to see a sustainable financial business model for the facility. His second concern is—if we design the facility with the multiple options presented today without a tenant—we might pick the wrong option and then have to redo the facility or have the tenant move into a facility that they feel constrains their viability. Finally, one significant advantage of proceeding with an RFP to select a tenant before allocating funds— is that the tenant organization may be able to raise funds from private sources to cover some of the cost of the renovation and operation of the facility. He would strongly support doing an RFP to select a tenant, and then have that tenant guide us through the process. The Integrated Building Design and Construction Policy also requires that the building occupant participate as a stakeholder as the Town moves through the design phases of a building construction proj ect. Ms. Barry and Ms. Hai echoed Mr. Sandeen's comments and stated that the Town should look for an RFP,business plan, and a private entity with the ability to either contribute,raise,or garner funds in their own grant writing capacity. Mr. Pato agreed and stated that he does not believe the Town should proceed with a capital expense until there is a clear plan to move forward with a partner. The building will need to be stabilized until there is an agreed use for the facility. Mr. Lucente stated that he believes this is one of the rare historic assets of Lexington that needs to be preserved. He is concerned that if the building sits and continues to deteriorate, a user may not be found. Active preservation of this building could help find an individual group interested in it. There was discussion on the Board that this proj ect should be pulled from the CPC for this spring prior to the RFP process. Ms. Hai stated that she does not support going forward with construction. However, part of a successful RFP can be having available plans that show a viable path forward. Ms. Barry noted that there is some Semiquincentennial money at the federal level for preservation grants and this building would qualify. The Town may want to look further into this. Dawn McKenna, 9 Hancock Street, stated that she believes the Town needs to make a commitment to pay for the building that it owns. The Town could apply for the CPA money, and in the meantime,put out an RFP explaining that it wants a lyceum use that will attract people for economic support of the Town. There are grants that could be sought for this work. Mark Manassas,President of the Lexington Lyceum, stated that his group has a long list of potential grants and would love to partner with the Town to bring this building back to life. It would be nice if the CPC could find money to defray potential costs that could arise from some of those grant applications. Christina Burwell, 6 Albemarle Avenue, stated that there is a wonderful fusion to be had in incorporating history and public engagement with this building. There could also be a great partnership for economic development, in doing some wonderful civic work in this building with a private partner. An RFP might not be the way to start,instead of first taking care of the building. Bridger McGaw, 89 Marion Street,Vice Chair of the Economic Development Advisory Committee and Chair of the Town Meeting Members Association, stated that he is skeptical that the Town has not started a grant writing process, and does not have a grant writing strategy drafted for this proj ect yet. He does not believe the CPC money should be committed without understanding the long term plan for CPC priorities. Janel Showalter,46 Paul Revere Road and Vice President of the Lexington Lyceum Advocates, stated that she supports the idea that a future tenant of this building also help with its funding. However, it is hard to attract funding if the Town does not seem to be behind the proj ect. She recommended moving forward with the CPC application in order to get others to commit to the building. Betsey Weiss, 8 Dover Lane and Housing Partnership Board, stated that the Stone Building is a worthy building. However, at the present time,there are pressing housing and recreation field needs. These need to be the priority. An RFP should find a tenant in order to pursue specific grants and plans for this building. A maj ority of the Board agreed that the proj ect should be removed from the CPC applications. The maj ority would like to see an identified participant for the building through an RFP process before moving forward with funding. DOCUMENTS: Stone Building presentation 4. Public Hearing and Vote: FY2025 Water and Sewer Rates—The Boa�d took up this agenda item at this time. Mr. Lucente opened the public hearing at 10:15am. Carolyn Kosnoff, Assistant Town Manager for Finance, stated that this is the second and final meeting on the proposed water and wastewater rates for FY2025. This item is for the purpose of setting FY2025 water and wastewater rates. Two alternatives of proposed rates in the presentation, along with the proj ected impact on rate payers based on levels of consumption. Alternative#1 represents rates calculated based on the Enterprise Fund budgets and proj ected usage/consumption for the current fiscal year. In FY2025 this calculation would result in a slight decrease in water rates and an increase in wastewater rates. Alternative#2 proposes to leave the FY2025 Water rates flat at the FY2024 rate, and the same increase in calculated Wastewater Rates as in Alternative#1. The proposed rates in each alternative remain the same as advertised and presented at the public hearing on October 21,2024. There was no public comment at this time. Mr. Lucente closed the public hearing at 10:17pm. VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 5-0 to the proposed FY2025 water and wastewater rates as shown on page 3 of the presentation as follows: ResidentiaU ater Sewer C ommerciaUIndustrial Tier 1 $5.06 $10.27 Tier 2 $7.59 $16.78 Tier 3 $10.02 $26.69 Irri ation $10.02 /A Municipal $3.92 $3.68 Hanscom/Lincoln Labs $7.46 /A VA Hospital $8.92 /A Bedford-water $3.77 /A Flat Sewer Rate(Annual) /A $470.03 DOCUMENTS: FY2025 Water and Sewer Rate Propsal 7. Follow-up Discussion from Lexington High School Proj ect Summit and Potential Guidance to School Building Committee—The Boa�d took up this agenda item at this time. The Board held a follow-up discussion from the Lexington High School Proj ect Summit including a discussion regarding potential guidance on: 1)Field House Options 2)Bloom or Weave design 3)Request to Delay or not the SBC vote Mr. Pato explained that the SBC is currently proceeding on the assumption of an attached field house as part of the base plan and needs guidance for either a renovated existing field house or an expanded renovated field house. Ms. Barry asked if it was correct that the proposed location on the existing property for an all new field house would cause the building to not be open to the public during school hours. She stated that this would give her pause, as a larger field house would be a separate ballot question, and she believes the community will want access to this. She is leaning toward an ad/reno for the field house. Mr. Pato stated that any policy for use would have to be established moving forward. Mr. Sandeen stated that he is in favor of renovating,but not the expanded renovation on the site as is currently being presented. He would also like to preserve the option to bring to the Town an approval for a new small standalone field house,but only if the town vote on the fieldhouse was done concurrently with the high school approval vote. He would not be in favor of renovating the field house now and then tearing it down for a new structure in the future. Ms. Hai stated that she is not in favor of reserving space for a new build. She is in favor of a renovation but is opposed to reserving separate space on the plan for a future building. Mr. Lucente stated that he supports as ad/reno field house, and he does not support reserving room elsewhere on the property for a future field house. Mr. Pato stated that he is inclined toward a renovation of the existing field house as it stands and would be open to reserving a smaller/medium spot elsewhere on the field. The Board discussed the proposed design options. Ms. Barry stated that she is reserving her position on this item until information on the Article 97 land becomes clearer. Ms. Hai stated that she believes the Bloom option satisfies the combination of efficiency,cost,Article 97 land, and utility. Mr. Sandeen stated that he believes Bloom is the better option of the two. Mr. Lucente expressed a preference for the Weave option. Mr. Pato explained that the unanimous straw vote of the School Building Committee was to proceed with Bloom. The Board discussed potentially pausing the vote to be taken on November 12tn Dawn McKenna, 9 Hancock Street, stated that, in terms of the field house,the only question is whether to leave the option open during the schematic design phase for a new building. If Board members change their mind between now and next fall,they do not have to continue with that idea. But if they say no now, they have foreclosed any opportunity for that discussion. She urged the Board to support the ad/reno, leave space for the 72,000 s.f. and allow for time for additional discussions in the coming weeks. Peter Kelly stated that moving forward at this time is a terrible mistake for the community. The Town is too divided in what seems to be an appropriate path to renew the school. He stated that he believes the proj ect should stay on the campus. He noted that placing any part of the proj ect on the fields would require a unanimous vote of the Select Board. Taylor Singh, Hancock Street, stated that, in terms of fluidity of this process, the SBC, formed by the Select Board over two years ago,has gone through a steady, transparent process to get to where the proj ect is today. The group meets almost every Monday at noon and information can be obtained through those meetings. It is unclear what other information could be gleaned through a delay of this process at this time. Ms. Ba��y exited the meeting at 10:47am. 3. Public Hearing: Tax Classification Presentation Mr. Lucente opened the public hearing at 11:11 am. Ms. Kosnoff presented the FY2025 tax classification options and preliminary tax rates for the Board's consideration. It is proposed that the Board vote on the FY2025 tax classification options at an upcoming meeting scheduled for November 18, 2024. At that time, the Board will take four votes,which are described in the memorandum in the attached Fiscal Year 2025 Tax Classification Packet. The votes are to: • Establish a residential factor; • Determine whether to adopt the Open Space Discount; • Determine whether to adopt the Residential Exemption and, if so,the percentage(up to 3 5%); • Determine whether to adopt the Small Commercial Exemption The Town's levy limit for FY25 is approximately$256,398,000. For FY25,the total assessed value is approximately$18,487,000,000. FY25 was a recertification year with the Department of Revenue. If all of the options were left the same as they were in prior years, for FY25 a flat tax rate would calculate to $13.87 per$1,000, compared to $13.83 per$1,000 from last year. In order to finalize the tax rate,which deals with who in Town is carrying the load for the tax levy,there are four options the Board has in shifting the rate. The first is a selection of a shift factor,the second is a selection of open space,the third is a residential exemption of up to 35%of value for the residential owner occupied properties in Town,and an option to exempt up to 10%of small commercial properties. Regarding the shift factor,a maximum shift would increase the amount of the levy born by the CIP class and reduce the amount borne by the residential class.At a full 1.75 shift,the CIP tax rate would be$24.27 per$1,000, and the residential would reduce to $12.23 per$1,000. The Town has been following a 1.75 shift for several years. The second option regarding open space is not truly applicable in Town. For the third option,the Board has the choice to exempt up to 35%of a home value on the residential class. This only applies to owner-occupied residences and would shift the burden to the non-owner occupied homes. A previous committee published a report on this option in 2019. The fourth option in setting the tax rate is whether to adopt a small commercial exemption. This deals with exempting up to 10% of small commercial properties. The value of those parcels has to be less than$1 M and the business operating out of that parcel would have to have ten or less employees. This would shift the tax levy to other rate payers in the ommercial industrial classes. Ms. Hai stated that,regarding reexamining the residential exemption,the Board should acknowledge that the Town is facing a lot of new development, and that the size and average price point may be changing as more multifamily units come online. She suggested that the Board reexamine the residential exemption at a point in the future. She stated that she would not look to adopt any of the three optional criteria listed and would support the continuing 1.75 shift. Howard Cloth, 19 Sherman Street and member of the former Ad Hoc Residential Property Tax Exemption Study Committee, stated that it has been over six years since the Committee presented the report to the Board. The rationale for the recommendation not to adopt the residential exemption still remains. He noted that he was not aware of any progress having occurred on two of the remaining eight amelioration recommendations that the report also included, specifically a solution to the obstacle otherwise qualified senior residents face when they are blocked from obtaining a tax deferral by a company holding either their mortgage or an equity loan. Also,the recommendation for an age based property tax freeze for seniors. Jay Luker, 26 Rindge Avenue, stated that he is against the residential exemption. This will inevitably be subsidizing relatively wealthy homeowners on the backs of renters. Mr. Lucente closed the public hearing at 11:45am. DOCUMENTS: FY2025 TaxRate Classification Presentation, FY2025TaxRateClassificationOptions The Boa�d took a five minute�ecess. 5. Discussion on Housing Partnership Board Request to Send a Letter Regarding Bill H2740 & H2741 Wendy Manz, Chair of the Housing Partnership Board, stated that the Chair of the Lexington Affordable Housing Trust had suggested that the Housing Partnership Board send a letter to Speaker Mariano of the MA House of Representatives in support of the Affordable Housing Trusts'request that the House take up Lexington's two pending home rule petitions: H2740 and H2741,which authorize Lexington to impose certain surcharges on commercial and residential home sales,before the end of the current legislative term. The Housing Partnership Board has voted in favor of doing so, contingent on the authorization of the Select Board. VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 4-0 to approve the Housing Partnership Board's request to send a letter regarding Bills H2740 &H2741 to the Massachusetts House of Representatives and or the Massachusetts State Senate,with an endorsement of the contents from the Select board DOCUMENTS: Draft HPB letter to Speaker Mariano 6. Review Proposed Parking Fee Exemption Program for Public Lot Electric Vehicle Charging Stations Maggie Peard, Sustainability&Resilience Officer, explained that,through the Center Employee Parking Program, employees of businesses in the Town Center can opt-in for alternative parking payment options in the public lots.They can purchase a$250 annual parking sticker that allows for long term parking in the Depot Square Lot,the NStar Lot, or the metered spots on Waltham St designated for"all day" parking.Alternatively, Center employees can purchase a$15 annual Pay-As-You-Go parking sticker that provides a reduced rate of$1/day in the Depot Square Lot. Both of these options provide an option for greatly reduced parking fees compared to the $0.50/hour rates in most lots. Currently, employees enrolled in one of these program would still be charged the $0.50/hour rate if they drive an EV and are parked to charge at an EV charger.Town staff request approval from the Board to waive the parking fee at the EV chargers in the NStar and Depot Lot for Center employees who are enrolled in the Center Employee Parking Program. They would still be charged for electricity. If approved, staff will include instructions for how to receive waived parking at EV chargers on the parking program application and website. Proof of participation in the program would be required to receive the waived parking. VOTE: IJpon a motion duly made and seconded, the Select Board voted by roll call 4-0 to approve waiving the parking fee at the Electric Vehicle chargers in the NStar and Depot Lot for center employees enrolled in the Center Employee Parking Program. DOCUMENTS: 2024 Parking Program 8. SpecialTownMeeting2024-1 • Select Board Report The Board reviewed the report and agreed that the report is written form was appropriate. • Select Board Article Discussion and Positions Article 3 -Establish, Dissolve and Appropriate To and From Specified Stabilization Funds: Mr. Lucente is a yes,Mr. Pato is a yes, Ms. Hai is a yes, Mr. Sandeen is a yes. Article 4 -Amend FY2025 Operating Enterprise and CPA Budgets: Mr. Lucente is a yes, Mr. Pato is a yes, Ms. Hai is a yes, Mr. Sandeen is a yes. Article 5 -Appropriate for Authorized Capital Improvements: Mr. Lucente is a yes,Mr. Pato is a yes,Ms. Hai is a yes, Mr. Sandeen is a yes. Article 7 -J. Krieger amendment: Mr. Lucente is a wait,Mr. Pato is a yes,Ms. Hai is a wait,Mr. Sandeen is yes. Regarding Article 7,Ms.Kreiger explained that her intention was very simple. It was to clarify that the Recreation Committee would come forward with both a design for a synthetic field as well as a grass field. She would like the Town to have time to evaluate both. Peter Kelly suggested that the Board and Town Meeting maintain the operation at the Harrington School such that it is. The Harrington site is the only reasonable site to accommodate anything that the School Department will need in order to address enrollment changes in the next 5-10 years. The Town should not spend any money on something that does not appropriately lend itself to the use suggested. Article 8 -Delay Massachusetts School Building Authority(MSBA)Filing Resolution(Citizens' Petition): Mr. Lucente is a wait,Mr. Pato is a no,Ms. Hai is a no,Mr. Sandeen is a no. The Board discussed this Article. Peter Kelly explained that this is a non-binding Article. He stated that he believes there should not be building on the fields. The proj ect should be phased. There needs to be more time for discussion on this item. Article 9 -Resolution-Design Process of Crematory Westview Cemetery(Citizens' Petition): Mr. Lucente is a wait,Mr. Pato is a yes,Ms. Hai is a wait,Mr. Sandeen is a wait. DOCUMENTS: Select Board Working Document-Positions STM 2024-1,DRAFT- STM 2024-1 Article 1 Select Board Report,Art 3 stabilization funds motion,Art 4 amend budgets motion,Art 5 authoirzed cap improvements motion,Art 7 harrington fields motion,Amendment Art 7.Krieger,Art 8 MSBA delay motion, Art 9 crematory motion updated 11.4 ADJOURN VOTE: LTpon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at 12:48pm. A true record; Attest: Kristan Patenaude Recording Secretary SELECT BOARD MEETING November 13, 2024 A meeting of the Lexington Select Board was called to order at 6:OOp.m. on Wednesday,November 13, 2024,via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Special Town Meeting 2024-1 • Select Board Article Discussion and Positions Regarding Article 7,Mr. Sandeen remained a wait. It was noted that Ms. Kreiger may be withdrawing her amendment,now that the associated language has been included in the main Article. Mr. Sandeen stated that if Ms. Kreiger pulls her amendment,he will become a yes. Regarding Article 8,Mr. Lucente remained a wait. Ms. Barry confirmed that she is a no on this Article. Regarding Article 9,Mr. Lucente stated that the wording regarding the"planned crematory"concerned some Board members. The Board was comfortable doing a study of this item but was less comfortable with a study that has in it a disposition of what that study would be. The proponents explained that the language was submitted because the Town originally designed Westview Cemetary with an intent to eventually add on a crematory. Mr. Lucente stated that a study is needed to determine if it is the right time to include a crematory and the appropriate location for it. The existing language limits the study in some ways. Mr. Pato stated that he does not believe this motion as a resolution constrains the Board in moving forward but does give the opportunity to hear from Town Meeting about the sensitivity to the time lapse, and to the change in demographics and need in the community. He continues to support this. Ms. Hai suggested that the Board could propose a study committee and ask Town Meeting simply to IP this Article. Me. Lucente agreed that this could be taken up on a future agenda and the proponents could then make a decision on their Article. The proponents agreed to consider this or consider amending the Article language. DOCUMENTS: Select Board Working Document-Positions STM 2024-1,Art7revisedmotion ADJOURN VOTE: Upon a motion duly made and seconded,the Select Board voted by roll call 5-0 to adjourn at 6:23pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve One D ay Liquor Lic ens e - Munroe C enter for the Arts - 1403 Mas s achus etts Ave ITEM PRESENTER: NUMBER: C.9 S UMMARY: Category:Decision-Making M o nro e C e nte r fo r the Arts: Monroe Center for the Arts, 1403 Massachusetts Avenue, is requesting a One-Day Liquor License to serve wine fo r the p urp o s e o f the Annual End o f Year P arty, o n T hurs day, D ec emb er 12, 2024 fro m 6:00 p m- 8:00 pm. SUGGESTED MOTION: To approve a One-Day Liquor License for the Monroe Center for the Arts, 1403 Massachusetts Avenue, to s erve wine fro m 6:00 p m to 8:00 p m o n T hurs day, D ec emb er 12, 2024. Move to approve the consent. FOLLOW UP: S elec t B o ard D ep artment. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 ATTACHMENTS: Description Type � . .��;��,��I��r��,�� ;�,��.�� .��,��r��,� ■ ��n a �u ia ram Thursda De�. 12 2�24 - �-S m �> > � Parki ng L�t _ C INine �"I � ��,� �� .� � �� . � �� 4 � � _ ,, � _ � �� UUJlU11J1J�J�J��J��J��J��J��'��/ � ��. �� _ �� _ , � �� 1 � �'� �� r�� .�►�" �� _ _. � �� i �.,��..�.�.��.�.� ��1 �� . ��W��W��ll�� ,�� +� �� .�� Exit Massachusetts A�enue Munroe Center for the Arts 14�3 Massachusetts A�enue, Lexington MA AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Update on Senior Tax Relief Programs PRESENTER: ITEM NUMBER: Dana Bickelman, Director of Human S ervic es I.1 S UMMARY: C ategory: Informing D ana B ic kelman, D irec to r o f Human S ervic e s will review the S enio r Tax R elie f p ro grams o ffered fo r the resident of the Town of Lexington. SUGGESTED MOTION: FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 6:45pm ATTACHMENTS: Description Type . �. . . ��,�� '��,��I��,��ro��,�� I��,��,�� 'W�'��,��I��,��ro�l��,�� ;�,��.�� .��,��,� � ��":�,�r��°��,��y'W�'��,��,��ro��°��.��r�,� ��;�,��.�� .��,��r��,� _ �'� �� : �� — � � � � �. :� 4+` �� ` ` � \. , _ � a � ti w „ „ , � _ .�� , � � `�� - � C'. �� , _ � � � ��_�:, � ,... �� sr �� „ '� \ � � � � �� c,� ' r� ,� �� ,�� ■ ■ ■ . en ior xem ions Ad m i n istered b the Assessor's Off ice v � � � � � � � � � � � � Single: $34,016 income/ Senior $68,037 assets MA: 10 yea rs Exemption 65 Married: $51,027 . $2,000 reduction (Clause 41C) income/ Owned (in MA). 5 years $93,549 estate Senior, Minor Child w/ Deceased Parent & Assets only, not including Owned and Occupied Surviving Spouse 70 primary Residence, must property as domicile past $350 reduction Exemption not exceed $40,000 5 years (Clause 17D) Property Tax Deferral $103,000 income/ MA: 10 years Up to full amount of 65 (Clause 41A) No asset maximum Owned (in MA): 5 years property taxes . Income based on o . The Community 60 and older . 100% of Community . . occupancy ($104,250 to Owner occupied from . Preservation Act (also available for under Preservation Act . $196,550)/ January 1, 2024 Surcharge Exemption 60) . Surcharge No asset maximum . • en ior ax e ie Administered b Human Services v � � � � � � � � � � � � Senior Pro ert $90,000 er p Y p 60 and older None U to $1,755 Work Off household p �exin ton's Human Services De artment rovides trained tax advisors durin the � p p � tax filin season to hel with Seniors to receive the Circuit Breaker Tax Credit on � p thei r Massach usetts i ncome tax form. Tax relief programs accessible to seniors living in Lexington • Administered by Assessor's Office 1. Senior Tax Exemption (Clause 41C) 2. Senior, Minor Child w/ Deceased Parent&Surviving Spouse Exemption (Clause 17D) 3. Property Tax Deferral (Clause 41A) 4. CPA Surcharge Exemption • Administered through Human Services 5. Senior Property Work Off Program 1) Senior Tax Exemption (Clause 41C): a) For those 65 and older b) Gross Income and asset restricted: (1) For a single individual maximum income is$34,016 and for a married couple it is $51,017 (Calendar 2023) (2) A deduction (called the Social Security Deduction) is allowed if you have income from Social Security, Railroad Retirement, or Federal, Massachusetts (and political subdivisions) employee pensions, annuities, or retirement plans. (3) Maximum assets must be under$68,037 for single homeowners and $93,549 for married homeowners (a) Assets i ncl udes: (i) Total of all savings accounts, checking accounts, certificates of deposit, IRA accounts, stocks and bonds as of July 1, 2024 (ii) Any real estate other than your Lexington primary residence. (iii) Your primary residence, personal effects, motor vehicles and cemetery plots are not counted or included. (iv) Massachusetts must have been the state of primary residence for the past ten years and must have owned and occupied your current home for the past S yea rs as of J u ly 1, 2024 c) Benefit of$2,000 reduction in property taxes 2) Senior, Minor Child w/ Deceased Parent&Surviving Spouse Exemption (Clause 17D) a) Minimum age 70 b) Owned and Occupied property as domicile past 5 years c) Assets only,Assets include: i) Total of all savings accounts, checking accounts, certificates of deposit, IRA accounts, stocks and bonds as of July 1, 2024 ii) Any real estate other than your Lexington primary residence. iii) Your primary residence, personal effects, motor vehicles and cemetery plots are not counted or included. d) Assets must not exceed $40,000 e) Benefit of$350 reduction in property taxes 3) Property Tax Deferral (Clause 41A) a) For those 65 and older b) Gross income for single or married couple must be below$103,000 with no asset restrictions c) Massachusetts must have been the state of primary residence for the past 10 years and must have owned and occupied a home anywhere in Massachusetts for the past 5 years as of July 1, 2024 d) Allows deferral of payment of property tax and water/sewer using home as equity i) You can never be forced to move or sell your home under this program ii) Taxes are postponed until the home is sold, conveyed,transferred to a trust, or until you and your surviving spouse pass away. Upon the death of you and your surviving spouse,the annual interest rate increases to 16% after a one-year grace period until paid in full iii) Property taxes can be deferred up to a maximum cumulative total of half the value of your home....likely many decades of potential deferral iv) Accrues simple interest at fixed rate (4.92%) 4) Community Preservation Act (CPA) Surcharge Exemption a) For those 60 and older;younger individuals qualify under separate limits b) Income limits based on household size with no asset restrictions: i) $104,250 for individual to the maximum of$196,550 for eight people (Source: U.S. Department of Housing& Urban Development) c) Individuals who qualify receive 100% exemption from the Community Preservation Act Surcharge 5) Senior Service Work Off Program a) Age 60 and older b) Income up to $90,000 per household (regardless of single or married status) c) Selective program matches skill and ability to department needs i) Currently limited to Community Center and often requires computer skills ii) Human Services department is working to expand opportunities for additional placements and will be meeting with senior managers of different departments to learn about their needs iii) Ultimately, would like to create a job bank that would be available for senior residents to see where they could be placed and what skills are needed for placement d) Maximum credit per household in Lexington is$1,755 (regardless of single or married status); the State of MA recently approved an increase in maximum work off credit amount for municipalitiesof upto $2,000 Lexington's Human Services Department also provides trained tax advisors during the tax filing season to help with Seniors to receive the Circuit Breaker Tax Credit on their Massachusetts State Income Tax Return. • own o ex�n on �?S �°R��V ��a � �� 4 O� r � � � `p y � � � m x.- Q �`"' � � .. � � ,� �n 4 : ARRiL lqt� L��IN G'�� ■ Lexington Board of Assessors Sandra Pentedemos, Administrative Assessor Cheryl Draper, Administrative Assistant Lexington Comptroller's Office Carolyn Kosnoff, Assistant Town Manager for Finance Lexington Human Services Dana Bickelman, Director of Human Services Michelle Kelleher, Senior Services Director July 24 TABLE OF CONTENTS Overy i ew..................................................................................................................................... 1-2 Property Tax Exemption for Person 65 or Older (Clause 41C)...................................................3 Do you q ual ify for the Property Tax Exem ption for Person 65 or older (Cla use 41C)? ............4 Property Tax Exemption for Veterans...........................................................................................5 Property Tax Deferral (Clause 41A)..............................................................................................6 Property Tax Exemption from Community Preservation Act Surcharge ....................................7 Massachusetts "Senior Circuit Breaker" Tax Credit...................................................................8 SeniorService Program ................................................................................................................8 Local Pro ert Tax Exem tion Overview p Y p Qualifications: • Qualification date is July 1, 2024 for Exemptions except the Community Preservation Act Surcharge Exemption which is January 1, 2024 • M ust Own the Property - If the property is in a trust applicant must provide a copy of the trust and be a Trustee and have Beneficial Interest • Must Occupy the Property as your pomicile and Primary Residence • Must Meet Status Requirements (see Chart on page 2 or detailed Exemption pages) . . . . . � ' Questions? • Please call 781-698-4578 or email TAO@Lexin�tonma.�ov 1 Ove ry i ew of Exe m t i o n s p _ � T��F " � " �T�t El�eri+�P�er��r �+�+rr�d�rrd��i�+d �� I�er �I��1� � �P�rr�ar��i� �p��rrd� �� ,� � � �nr�1��ar� El�er-I+�P�er��r �I�er��+�i�ir�� I��rr� �Fra�rr�r�rrrarri� �+�+rre+d�rrd��i�+d irrGl�r�P�irr�ar� ��-� � �r I�rr�nr�i I��f � �P�rr�ar��i� �i�rrN�rr� �i� �� nr��ar� �� I��1�� I�d�� `anrrt�-� � ��I��rrd�� I�1�� p�� I�1�� p�� rr�d�rrd��++�� i�er�d �I irrd P�er��I�� I�1�� P�irr�ar��i�� I�1�� i�i��r�rri t� �� f J�I+�� I��rrrrii�i��nr ttr��I irrd �r�i�ir��f �rr�d�d��++�� P�I i��ffi�er�r N�� P�irr�ar��i�� N�� F�I I�rrrn+�rt Fir��r�r��I�� f J�.,I+�� H�r�i�F�err�i� �I��1� �nrrt�ttr� ��i� � � T T�€�eff�l �nrrt�t� ��i� ��I��1� T�€�err�l �+rr�d�rrd��i�d ��.� � ��F�I I ��I��1� � �P�rr�ar��i� �p�� i� �� nr�1�� i� i� �rr�d�rrd�� I�1�� P�irr�ar��i�� p�� F�I I�rrrn�� F�err�i��I�� f J�rr�ar�� i� I��N��I i�l� 2 Pro ert Tax Exem tion for Person 65 and older a y a (Clause 41C) If your income and assets are low to moderate, you may qualify for a $2,000 exemption from your Property Tax Age You or your spouse must be 65 or older on July 1, 2024 for Fiscal Year 2025 Benefit $2,000 reduction in property tax. Does not have to be repaid. Income • Your Calendar 2023 Income for the Fiscal Year 2025 exemption is used. • Your total gross income must be under $34,016* for single, and $51,027* for married (after the Social Security Deduction*). � A deduction (called the Social Security Deduction) is allowed if you have income from Social Security, Railroad Retirement, or Federal, Massachusetts (and political subdivisions) employee pensions, annuities, or retirement plans. - The FY2025 "Social Security Deduction" is for a: Worker: $5,834; Spouse: $2,917 as determined annually by the state. . Assets • Your Whole Estate must be under $68,037 for single homeowners, and $93,549 for married homeowners. • Whole Estate includes: - Total of all savings accounts, checking accounts, certificates of deposit, IRA accounts, stocks and bonds as of July 1, 2024 - Any real estate other than your Lexington primary residence. • Your primary residence, personal effects, motorvehiclesand cemetery plotsare not counted or included. Ownership • Massachusetts must have been your state of primary residence for the past ten and yea rs as of J u ly 1, 2024. Residency . You must have owned and occupied your current home for the past five years as of J u ly 1, 2024. • If your home is held in trust, on or before July 1, 2024, you must provide a copy of both the trust and the schedule of beneficiaries showing that you are a trustee and have a beneficial interest. If you are a joint owner with a non-spouse or your home is a multi-unit dwelling, contact the Assessor's office for further information. To Apply • Contact the Assessor's office at 781-698-4578 for an application. • The filing deadline for FY2025 is April 1St 2025. . . . . . . . *Further limitations may apply. Contact Assessor's Office for complete details � www.lexin tonma.gov/assessor If your home is held in trust,you must provide a copy of the trust showing that you are a trustee and a copy of the schedule of beneficiaries showing that you have a beneficial interest. 3 Do ou ualif for the Pro ert Tax Exem tion for Person 65 Y q Y p Y p and older Clause 41C ? MARRIE SENIORS SINGLE OR WID WED SENIORS Do you have income from federal, Do you have income from federal, Social Security, railroad or Social Security, railroad or Massachusetts(state or NO Massachusetts (state or subdivision) N� subdivision)government, annuity government pension, annuity or or retirement plan? retirement plan? YES YES If you are the "WORKER" If you are the "SPOUSE" on your pension, deduct on your pension, deduct Deduct $8,751 from your $5834 from your 2023 2023 ross income to et $2,917 from your 2023 g g gross income to get your ross income to et our your qualifying income g g y qualifying income qualifying income Is you r 2023 gross Is you r 2023 gross i ncome income under under$34,016? $51,027? YES YES Are your assets under$93,549? Are your assets under$68,037? (AsofJuly1,2024, excludingyour (AsofJuly1,2024, excludingyour house, possessions, the base value house, possessions, the base value of an annuity and cemetery plots) YES � of an annuity and cemetery plots) INCOME AND ASSETS QUALIFY 4 Pro ert Tax Exem tions for Veterans p Y p Benefits Service-Connected Disabled Veterans Honorably-Discharged, who were Massachusetts residents for six months prior to entering service or have resided in the commonwealth for three years or if deceased,the three years before death before the tax year begins. * . r Clause 22 • (a)Veterans with a service-connected disability of 10%or more. $800. • (b)Veterans of certain pre-World War I conflicts. • (c)Veterans awarded the decoration Purple Heart. No evidence of disability. • (d)Spouses (when property is owned by spouse, not veteran), and su►viving spouses of Clause 22(a)-(c) veterans who remain unmarried, OR of a soldier/sailor who died serving in certain 22(b) pre-World War I conflicts. � (e) Gold Star Parents of soldiers or sailors who lost their lives in service. Natural, adopting,and parents who stood in loco parentis for one year prior to the time that the deceased entered service qualify. To establish status as in loco parentis, affidavits from two disinterested parties who are not relatives must be submitted. • (f) Surviving spouses of World War I veterans whose whole estate, less mortgage balance on the property does not exceed $20,000. Clause 22A • Veterans and their spouses by reason of injury received OR disease contracted in such $1,500. service or in the line of duty, lost or have suffered permanent loss of use of one foot, or one hand, or loss of sight of one eye. • Prisoner of war(POW). • Veteran recipients of the Congressional Medal of Honor, The Distinguished Service Cross,the Air Force Cross or the Navy Cross. • Benefit continues for surviving spouses who remain an owner and occupant. Clause 22B • Veterans and their spouses who suffered in the line of duty the loss or permanent loss $2,500. of use of both feet, both hands or both eyes. • Benefit continues for su►viving spouses who remain an owner and occupant. Clause 22C • Veterans and their spouses who suffered total disability in the line of duty and who $3,000. have received assistance in acquiring "specially adapted housing" which they own & occupy as their domicile. • Benefit continues for su►viving spouses who remain an owner and occupant. Clause 22D • Surviving spouses who (remain unmarried) of soldiers, sailors, guardsmen and 100% veterans who during active duty regardless of when had suffered an injury or illness which was a proximate cause of death or became missing in action with a presumptive finding of death. Clause 22E • Veterans who as a result of disability contracted in such service and in the line of $2,000. duty have a rating of 100%combined service evaluation, or considered totally and permanently disabled. Annual VA Certificate is required. • Benefit continues for su►viving spouses who remain an owner and occupant. (Annual VA Certificates are not required of a surviving spouse). CLAUSE 22F • Paraplegic Veterans by reason of injury received in such service and in the line of duty 100% OR h ave d isa b i I ity rati ng of 100%fo r service-connected blindness. • Benefit continues for su►viving spouses who remain an owner and occupant. S Pro ert Tax Deferral Clause 41A p Y and associated Water and Sewer Deferrals under Ch. 40,Sec. 42J and Ch. 83, Sec. 16G Age You OR your spouse must be 65 or older on July 1, 2024 for the Fiscal Year 2025. Benefit • Payment of any or all of your property tax and water/sewer charges can be postponed until the home is sold, conveyed, transferred to a trust, you or your surviving spouse die, or until you choose to pay off the deferral. • You can never be forced to move or sell your home under this program. • Use any single property tax exemption for which you qualify first and then defer all or part of the rest of your property tax. • The fixed interest rate for FY2025 Deferrals is � % (simple interest) Income and • Up to $103,000 gross income, married or single is based on Calendar 2023 income. Assets . No asset restrictions. Ownership • Massachusetts must have been your state of primary residence for the past 10 years as and of J u ly 1, 2024. Residency . You must have owned and occupied a home anywhere in Massachusetts for the past f ive yea rs as of J u ly 1, 2024. • Please note: Every other person with any legal or beneficial interest in the property must give written approval for the deferral (e.g. co-owners, banks that hold a mortgage, home equity loan, second mortgage, etc.) via a Tax Deferral and Recovery Agreement. Other limits • Property taxes can be deferred to a maximum cumulative total of half the value of your home.... many decades of potential deferral. • Upon the transfer, or sale of the home's ownership, the annual interest rate on the amounts owed will increase to 16% until repaid. • Upon the death of you and your surviving spouse, the annual interest rate increases to 16% until repaid is delayed for a one year grace period. To apply • Contact the Assessor's office at 781-698-4578. • The filing deadline for FY2025 is April 1St 2025. • After qualifying for the Property Tax Deferral, you may contact the Select Board at 781-698-4580 to apply for deferral of water/sewer charges. How it works: • Each year's deferral is like an individual loan for that year's tax amount at that year's interest rate. It is a fair rate, generally 3% below the Prime Rate, and by law, can never be higher than 8%. During your lifetime and that of your surviving spouse, and as long as you own your home, the interest for the amount you defer in FY2025 will never be higher than . �� . Last year's Simple Interest Rate was 4.93%. • As long as you or your surviving spouse continue to qualify, you may enter into new deferral agreements for any subsequent year's property tax and water/sewer charges at the interest rate set for that year. Why is this an attractive option? Tax deferrals are a safe and inexpensive way to free up some of your income. Using the equity in your home to pay your property tax and water/sewer charges will allow you to enjoy the use of thousands of dollars that would otherwise have gone to paying those bills. 6 The Communit Preservation Act Surchar e Exem tion Y g p Benefit 100% exemption from the Community Preservation Act Surcharge Gross FY 2025 Income Limit* Income • Use your Calendar 2023 household income to qualify • Household income includes income of all owners and a I I household members Household Non-Senior Senior Size Homeowner Homeowner (under age 60) (60 or older) 1 $ 83,400 $ 104,250 2 $ 95,300 $ 119,100 3 $107,200 $ 134,000 4 $119,100 $ 148,900 5 $128,650 $ 160,800 6 $138,200 $ 17 2,700 7 $147,700 $ 184,650 8 $157,250 $ 196,550 Assets N o n e Ownership One of the owners must occupy the home as their primary residence as of and Residency �anuary 1, 2024. To Apply • Contact the Assessor's office at 781-698-4578 for an application. • The f i I i ng dead I i ne for FY2025 is Apri I 1St 2025. �Income limits are adjusted annually, based on the local area median income as annually published by United States Department of Housing and Urban Development. Further limitations may apply.Contact Assessor's Office for complete details i i www.lexin tonma.gov/assessor If your home is held in trust,you must provide a copy of the trust showing that you are a trustee and a copy of the schedule of beneficiaries showing that you have a beneficial interest. 7 Administered b the Lexin on Council on A in y gg Senior Service Program A limited number of low-to-moderate income seniors with needed skills can provide service to the town in exchange for a reduction to their property tax. • Age 60 and older • Income up to $90,000 per household (regardless of single or married status) • Selective program matches skill and ability to department needs • Maximum credit a household may earn is $1,755 (regardless of single or married status) , a Ad m i n istered b the State of M assach usetts y State Senior Circuit Breaker Tax Credit Senior renters or homeowners with low-to-medium incomes may qualify for direct payment or tax credits from the State. Contact the Department of Revenue at 617-887-MDOR (617-887-6367) or www.dor.state.ma.us for more information. Lexington's Human Service Department provides trained tax advisors during the tax filing season to help you to apply for this benefit. ' a . 8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Review and Approve Transportation Safety Group Recommendations for Amendments to §192 Traffic Rules and Orders PRESENTER: ITEM Chris Ba P olic e C a tain• Me han NUMB E R: �� p � g McNamara,As s istant P lanning Director I'2 S UMMARY: Category:Decision-Making T he Traffic S afety G ro up (T S G) is rec o mmend ing the ins tallatio n o f 4 s to p s s igns and line s at the fo llo wing lo c atio ns:R angeway at Vo lunteer Way, C o ac h R o ad at Vo lunteer Way, Hic ko ry S treet eas tb o und at Augus tus Road, and Hickory S treet westbound at Augustus Road. T G S is also recommending a parking prohibition on Ledgelawn Avenue to prohibit parking near the intersection of Bedford Street. SUGGESTED MOTION: Move that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington, adopted by the Board of S electmen on November 13, 1967, now Chapter 192 of the C ode o f Lexington are hereby amended by adding the following to: § 192-10 S chedule 7: S top S igns and Yield S igns Rangeway at Volunteer Way— Stop C oach Road at Volunteer Way— S top Hickory Street eastbound at Augustus Road— Stop Hickory S treet westbound at Augustus Road— S top And Move that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington, adopted by the Board of S electmen on November 13, 1967, now Chapter 192 of the C ode o f Lexington are hereby amended by adding the following to: Chapter 192-18 Schedule 1 "Parking Prohibited or Restricted" Ledgelawn Avenue- South side from Bedford Street to approximately 120 feet east between the properties of 3 and 5 Ledgelawn Avenue— "No P arking"; and Ledgelawn Avenue—North side from Bedford Street to approximately 120 feet east between the properties of 253 Bedford S treet and 2 Ledgelawn Avenue— "No P arking" FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 6:S Sp m ATTACHMENTS: Description Type � . .��'W�'��. ��,��,��,�� ;�,��.�� .��,��,� � �.��,��,��,�� ..::�� ;�,��.�� .��,��,� � �I��,�r��m��,�C:��.�,��a��a��,,,�I��,��,��r�� ;�,��.�� .��,��~��,� � �I��r��,��,�� I��r��,��,�� ,��;� TOWN OF LEXINGTON �,�� w� ,P' �� TRANSPORTA TION SAFETY GROUP Y��M" �� l�yy�� o�'�I,�i' . Y�" � dl ...,.,..... .., v�„ �w G, '��tl" ➢F e� w. � �� , �'„ �q°� "�' �"� 4�'�"� � � n: � � �� u,��! �', �� Ib� '"�"�`�� ' � �� q° 1625 Massachusetts Avenue �°��y�� ,;��, ; ,;� � � � � Lexington,Massachusetts 02420 Contact: Sheila Page °�„ ��.w� '� � ��°`��' 7g 1-698-4560 Assistant Planning Director https://www.lexin_tonma.�ov/transportation-safety-_�oup spa�e(a�,lexingtonma. o�v Date: October 24, 2024 To: Kelly Axtell; Interim Town Manager Cc: Kim Katzenback, Executive Clerk Select Board John Livsey, Town Engineer Ross Morrow, Assistant Town Engineer Carol Kowalski,Assistant Town Manager for Land Use, Health and Development Chief Mike McLean, Police Captain Chris Barry, Police Fr: Transportation Safety Group RE: Recommended Traffic Regulation Amendments Stops on Coach Road at Volunteer Way and Rangeway at Volunteer Way Stop on Hickory Street at Augustus Road Parking Prohibition on Ledgelawn Avenue Requested Action: Vote to amend T�affic Rules and O�de�s: Chapte�192-10 Schedule 7 Stop Signs and Yield Signs to add: • stop signs and lines on Coach Road at Volunteer Way and Rangeway at Volunteer Way • stop signs and lines on Hickory Street at Augustus Road; Vote to amend T�affic Rules and O�de�s Chapte�192-18 Schedule 1 Pa�king Locations and P�ohibitions to prohibit parking on Ledgelawn Avenue near the intersection of Bedford Street. Background: Stops on Coach Road at Volunteer Way and Rangeway at Volunteer Wa� The idea of the traffic control at the Coach Road/Volunteer Way/Rangeway intersection originated by a resident request. Volunteer Way to Rangeway to Skyview Road to Winter Street is a popular cut-through route which makes the dominate path of this intersection between Volunteer and Rangeway. Meaning the dominate traffic is making a turn at this intersection Given the wide expanse and angle of intersecting streets,the travel right-of-way is not clear. In addition, a resident noted and TSG observed drivers travelling between Volunteer and Rangeway cut the corner as they make the turn,potentially conflicting with pedestrians or other cars. Cutting the corner is especially difficult for pedestrians because there is little offstreet area for pedestrian refuge,particularly at the southwest corner. TSG recommends a stop sign at this location. In addition, TSG is proposing a short double yellow center line along Volunteer on the north side of the intersection and a tear drop and double yellow line on Rangeway to help driver stay in their lanes. 1 Stop on Hickory Street at Augustus Road The idea of the stop sign originated by resident request. At a+intersection, typically, a stop sign is not needed when a less travelled street intersects a through street with more traffic. In this case, it is not obvious to the drivers which street carries the dominant traffic. Because the sightlines are hindered by vegetation, TSG felt that the stop control should be on Hickory Street. TSG recommends that a stop sign is appropriate in this location. Parking Prohibition on Ledgelawn Avenue A few residents of Ledgelawn Avenue requested that parking be prohibited near the intersection of Bedford Street. When drivers park too close to the intersection, it is difficult for the residents to get in and out of the neighborhood. Lexington's traffic regulations prohibit parking within 20 feet of an intersection. Because of the large corner rounding on the southern corner, 20 feet does not allow enough clearance for safe maneuvering around a parked car. Prohibiting parking near the intersection will provide more room for maneuvering. 2 VOTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECT�EN ON NOVE�BER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY A�ENDED BY ADDING THE FOLLOWING TO � 192-10 SCHEDULE 7: STOP SI GNS AND YIELD SI GNS STREET LOCATION REGULATION Rangeway at Volunteer Way Stop Coach Road at Volunteer Way Stop Hickory Street eastbound at Augustus Road Stop Hickory Street westbound at Augustus Road Stop DATE OF PASSAGE SELECT BOARD A T TES T T O WN CL ERK VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON, ARE HEREBY AMENDED BY ADDING THE FOLLOWING TO: CHAPTER 192-18 SCHEDULE 1 "PARKING PROHIBITED OR RESTRI CTED" LOCATION SIDE FROM TO REGULATION Ledgelawn South Bedford Street Approximately 120 NO PARKING Avenue feet east to between the properties of 3 & 5 Ledgelawn Avenue Ledgelawn North Bedford Street Approximately 120 NO PARKING Avenue feet east to between the properties of 253 Bedford Street & 2 Ledgelawn Avenue DAT E O F PAS SAG E SELECT BOARD ATTEST TOWN CLERK � �� § �� _ �-z =- � � � _t��= � �_ � - � � � d -- ti �� e r � �� _, �� _ � � � ,.g � , _� �� ,� � r£ s �- � ; � � � � � - �� __ � ��a � � � Sto on Ran ewa and �oac� Road at � _ � _� �� _ � � „ � �� a� � � �. �� , ��- � , � , � � �v _ , � � _ � __ ; � � _ � �� , � � � �; . � � ; � -._ � _ � �� _ -.z�=j.�� ' �� a ,. � � _ a �� - �. ,.. �}� � �� . � � . � = � ��, v _. � �y = A , � � � , _� �� s, � ; _ � e � � �� s� � � — n_ �� - � , - � 0 , � � ; � _ �- _ , �� 4 � =,�g � s � , _. � e � a d � , � , � � F � � — s _A � � , ._ , ,; , � d � _ � � „ , � _ . 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'.�;�� llil� . �' fi i "i°; �,i�,i%�; �� u �+i,�„',,;i �/%%/i� % Vu II?��i ��1��IIIII �.. �•p ,.,� � , JOnpi�/lf�p%�i,�,„iiir%�J,w1w/in;;ii I'�I` 9�'�"",��i I muiii �IJ, i y� , � i/,. �nii / �' ,,;; j ///,� i�"� / � �� f � «�' �, � �°o;. � �I ��,;,, �ii;, �' ; j � ��i�S� r, ' ' ,° „ / ii��,� ry��" i��/ !i i ; 1� rf W�'' �; 1�� '�i � � l t�� p�jiV� e� � ��f �r i �� i ii / � � AI�✓ � � �% ./� � i� � �i�/�J��. i' iii� �r�� f 9 �rr,,, ��f'; r �i '� �� % �I 1� ii %� r � � % �r�' �j ii%� .. , I / ,%� � �� ,fif"e pi ; i/ i�j%, � i � , �i/iii, �/"; � �%�% �„ ��/j i � ��i�� !%/ r U �� ' � �' � , i ��, � ' �/r//%/� � , 1 J, �y � , ," ' , / % � ; , � � „/ /I I � �. ,,,;' ,/�/�� ' ' " � Oi/% ��!�///�l i° � i k� / '��/��i i � �,/i��,i„�` ��1N, �%' �t „ ' ii��ii � '" i e � !�i�/� /a/p� �l,�� /�%i�� , pi.�, i ii, �iii' �i% i� i ��'�I o/�� %�,:- i iarti; i iii i s �/� �i % � , i� � % �" ii /�/ � �� /, ��;� ii r//i .�� / %" �;� %/�i�'� �rr%Jl�� aN.;r/ f ,,,�Pi'll /i�itid . �"' „ ;� �i� , "GV»4� Nouufy " ,,,,,-� i ii %, ,/%� PW ��j%!�' , f �/ ,„ ,,, lii/ iir;; °�� %i ? � � D ��J�,, lo�� ; �� „ -' � rii ' I� f i %. , i%/ � ,�� f l% ;;; ii� ! �� II/ ��%% '. i- ., / `//� .��"�� % i � �,%;, ��%i //,�...,,'� � � �� %l��/!Ii �� 1� � �.. %�f��a//��%i�; ii;s ,. l� �, < � ��/ '��„� r � ��/ ii��i i i//%� �� % J��, /; ��j i i„ ��D� `,� ,% i , ��,��%% ;� �,..� � i ��r %;� 7 1 � U9(I�,�!l J�i i/ ;Y mi !,� ,��/� �I -�.,� I s, , , ( iu � mri G � ` iup i �i�„ � ��I"/ 1 !iz? � //// '„ 1 �, r � , l///�1 i�G I i I �� ,% %��j�� „ oMr: � ��rr�� , AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Amend Committee Charges: Youth Commission, Semiquincentennial Commission, and Design Advisory Committee PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair I.3 S UMMARY: Category:Decision-Making The S elect Board is b eing asked to approve the following changes to the Youth C ommis sion charge as outlined in the attached document showing the proposed charges: • Update the description to emphasize empowering Lexington's youth through community service, educ ational initiatives, and leadership opp ortunities. • Establish a Youth Advisory C ommittee op en to Lexington residents entering grades 9 through 12, with a defined application process. • Up date c riteria fo r memb ers hip to require s kills in wo rking with teenagers and the ab ility to p as s a C O R I background check. T he s e c hange s aim to mo d ernize the c harge to re flec t the evo lving ne ed s o f L exingto n's yo uth. N ext, the S elec t B o ard is b eing as ked to review and ap p ro ve the fo llo wing c hange s to the D e s ign Advis o ry Committee's charge as outlined in the attached redlined version: • C hanging the numb er o f as s o c iate memb ers to 0. • Extending the term to b e 3 years in length o n a ro lling b as is. • Up d ate c riteria fo r memb ers hip to no t require re s id enc y, and c hange wo rd ing to b e "Mo s t o f' the memb ers ne ed ing to b e arc hitec ts, p lanners, enviro nmental engine ers o r o ther d e s ign p ro fe s s io nals to allo w mo re flexib ility with rec ruiting. • Up d ate their p urp o s e to b e giving rec o mmend atio ns to the S elec t B o ard, Z o ning B o ard o f Ap p eals and Planning Board as needed. T he s e c hange s aim to revitalize the c harge and re flec t the evo lving ne ed s o f the L exingto n c o mmunity. Las tly, S emiquinc entennial C o mmis s io n C harge dis c us s io n. S uzie B arry's term as S elec t B o ard Memb er will officially be completed by March 2025. She currently holds a Select Board Member seat on the S emiquinc entennial C o mmis s io n. M s. B arry has o ffered to s tay o n the S emiquinc entennial C o mmis s io n to s e e the wo rk thro ugh. T he S elec t B o ard is b eing as ked to dis c us s the S emiquinc entennial C o mmis s io n c harge specif'ically as it relates to the S elect Board seat held by Suzie Barry. SUGGESTED MOTION: Move to "approve"the amended youth commission charge as proposed. Move to "approve"the amended Design Advisory Committee charge as proposed. FOLLOW UP: S elec t B o ard D ep artment. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 7:OSpm ATTACHMENTS: Description Type � �:��II��I��"��I�.��.��.��'�,,,,,��"`��,��'��,��I��`��,�'��"�:��`��:��I��"�,�� ;�,��.�� .��,��~��,� � �I��a,�r��,��,��r(�.��,��I��°��(:.:�r��r��,��I��,�� IQ�.�I��.:�,� ��;�,��.�� .��,��r��,� � ��,��:��.��,��,�C:��.�,��rQ��(��r��,�r��,,,,,�I.��,��,�� I�I:�,�'�".�,Q�:�,�� ;�,��.�� .��,��r��,� � �.��;�,�~�r ��,��.��m��,��,��°��n�� I��,��,��,�� ;�,��.�� .��,��~��,� CU RRENT CHARG E YOUTH COMMISSION Members: 6 Appointed by: Town Manager, with Selectmen's approval Length of Term: 3 years Appointments made: April 30 Meeting Times: Once a month, usually on Thursday, with twice-monthly meefings when working on special events Descripfion: The Youth Commission was established for the purpose of carrying out programs which may be designed or established to provide opportunifies or to meet challenges and problems of youth in the town. Examples of such programs are: alcohol-drug educafion, youth recognifion awards, and recreational and community events. The Commission is mandated to appoint an advisory committee consisting of younger persons. Criteria for Membership: Open; one appointee between the ages of 18 and 21. Ref.: MGL Chapter 40 §8E;Article 66 of the 1977 Annual Town Meeting Selectmen designated as Special Municipal Employees on January 18, 2006. p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� a p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� n�u�u�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� p�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� ��w�� w�� n�u�u�u,u�w,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� PROPOSED CHARGE YOUTH COMMISSION Members: 6 Appointed by: Town Manager, with Select Board approval Length of Term: 3 years Appointments made: April 30 Meeting Times: Once a month meetings and special events Description: The Lexington Youth Commission is dedicated to planning, promoting, and participating in community service and educational initiatives that engage and empower Lexington's youth. By organizing service projects, coordinating youth recognition awards, and hosting community and recreational events,the Commission provides opportunities for young people to serve as leaders and role models within the community.Through these efforts, the Commission fosters a spirit of community involvement and civic responsibility among Lexington's youth and teens. The Commission shall appoint a Youth Advisory Committee, open to all Lexington residents entering grades 9 through 12 in the upcoming school year, regardless of their school or district. Students interested in joining the Youth Advisory Committee must apply to the Lexington Youth Commission for consideration. Criteria for Membership: Applicants must be skilled in working with teenagers and able to successfully pass a CORI background check. Ref.: MGL Chapter 40 §8E;Article 66 of the 1977 Annual Town Meeting Selectmen designated as Special Municipal Employees on January 18, 2006. Select Board voted revisions on , 2024 DESIGN ADVISORY COM M ITTEE (DAC) Members: 9 full, i i i i Appointed by: Board of Selectmen (request changing to Select Board) Le n gt h of Te r m: i Appointment made: i i i i � i i i I I l I I Existi ng Descri ption: The purpose of the Design Advisory Committee is to assist the town in providing professional design guidance on town-funded projects or town buildings and facilities. The committee is also charged with making recommendations to enhance the attractiveness of town lands, parks, recreation areas, conservation areas, and other public areas. In addition, it may be asked to review and comment on proposals by private sector firms and individuals where a town interest is involved. Its recommendations are made to the Board of Selectmen. (request changing to `Select Board' and add `and Zoning Board of Appeals'.) Proposed Description: The purpose of the Design Advisory Committee is to assist the town in providing professional design guidance on town-funded projects or town buildings and facilities. The committee is also charged with making recommendations to enhance the attractiveness of town lands, parks, recreation areas, conservation areas, and other public areas. In addition, it may be asked to review and comment on proposals by private sector firms and individuals where a town interest is involved. Its recommendations are made to the , i i � Existing Criteria for membership: Members should be architects, landscape architects, planners, environmental engineers or other design professionals residing in Lexington. Most are drawn from the Design Advisory Group, a pool of design professionals who have expressed an interest in serving the town. The Committee may also include representatives of Lexington committees or organizations concerned with design and town aesthetics. (request the following changes—add `Most full' members should be.... remove the sentence `most are drawn from the Design Advisory Group, a pool of design professionals who have expressed an interest in serving the town.') Proposed Criteria for membership: members should be architects, landscape architects, planners, environmental engineers or other design professionals � �° ; � ' ; � . The Committee may also include representatives of Lexington committees or organizations concerned with design and town aesthetics. SEMIQUINCENTENNIAL COMMISSION (Lex250) Members: 16 Members Appointed by: Select Board Length of Term: Following the completion of all planned activities in 2026. Meeting Times: As determined by the Commission. Provide for a minimum of three community meetings (one daytime/one evening/one weekend day) to solicit public comment within the first 18 months of the Commission's formation. Quorum: Quorum shall be a maj ority of inembers serving. Description: To evaluate,make recorrllnendations and coordinate the Town-wide activities to be held to corrllnemorate the 250th Anniversary of the Battle of Lexington(which will take place in Apri12025) and other historical events related to the founding of our Country. And to further the coordination of the Town's events with local, state,regional and federal events. Deliverables: As part of its study and investigation, the committee shall develop a comprehensive plan for celebrating and promoting the 250th anniversary of the Battle of Lexington to include: 1. Identify funding needs 2. Identify potential sources of funding including but not limited to: a. Commemorative Memorabilia b. Public/Private Partnerships c. Gifts and Grants (private, State and/or Federal) 3. Identify opportunities for individuals or organizations to participate in celebrations with a commitment to diversity, inclusiveness, and opportunity at all levels and activities 4. Investigate opportunities for a possible permanent memorial 5. Transportation-related issues 6. Marketing and communication 7. Determine what sub-committees or additional staffing requirements (event planning) may be necessary and seek proper approval from the Select Board 8. Updates will be presented to the Select Board at least Quarter Criteria for Membership: Appointments will be made by the Select Board. The Select Board will also designate a Chair. Members from each of the following Boards or Committees will serve on this committee: • Select Board(2 Members) • Tourism Committee (1 Member) • Town Celebrations Committee (1 Member) Along with representatives from each of the following groups: • Civic/Community Group Representative • 6 Community Members with a background or interest in history, event planning, logistics, transportation, security, fundraising and/or publicity • Local Museum or I�istorical Organization Representative • Lexington Public School Representative • Local Business Representative • Music &Arts Community Representative • Reenactment Community Representative Staff support as appropriate from the following departments: Department of Public Works, Economic Development Office, Cary Memorial Library, Fire Department, Police Department, Town Manager's Office, Department of Public Facilities Ex Of�cio/Liaisons (non-voting): • Appropriation Committee • Capital Expenditures Committee Prior to serving as a member of this Committee, appointees are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest Statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the online training requirement. Ref: Adopted by the Board of Selectmen on January 13, 2020 Amended by Select Board on January 25, 2021 Select Board voted to: increase number of inembers from 11 to 15; add"Quorum: Quorum shall be a maj ority of inembers serving"; update Criteria for Membership to increase the number of Community Members from 2 to 6; update the background options for the Community Members to include: "...transportation, security, fundraising and/or publicity" on July 24, 2023 Select Board voted to: increase number of inembers from 15 to 16; add a second Select Board Member to the membership on November 27, 2023 From: Suzie Barry <suziebarry > Sent: Wednesday, November 20, 2024 9:05 AM To: Doug Lucente Cc: Kim Katzenback; Samantha Lino; Steve Bartha; Kelly Axtell Subject: Lex250 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 Doug With my not seeking reelection in March 2025, according to the charge for the Semiquincentennial Commission-Lex250 my term on Lex250 would end as well as I occupy a Select Board designated seat. I am writing to let you know that I am willing to continue on Lex250 (it would require an adjustment to the commission charge) if that is the will of the Select Board. If the Board wants to make a change, I would suggest it happen sooner rather than later so I could get that Select Board member up to speed as we are now less than 5 months to go. Happy to chat more if needed. Let me know your thoughts and those of the Board. Thanks, -Suzie � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Liquor License Amendment - Change of Manager- Aloft PRE E TER• ITEM S N . NUMBER: D o ug Luc ente, C hair I.4 S UMMARY: Decision-Making The L�i Hospitality Lexington FB MGT, Inc., d/b/a Aloft Lexington has submitted all the necessary paperwork needed to request a change of manager to be Jonathan Mehlmann on their All Alcohol InnHolder Liquor License. The proposed manager, Jonathan Mehlmann, has submitted a current Alcohol Awareness Training Certif'icate and the required C O R I c hec k has b een c o mp leted. H e will b e at the meeting to ans wer any que s tio ns the Board may have. SUGGESTED MOTION: Motion to approve the application from L�i Ho spitality Lexington F B MG T, Inc., d/b/a Alo ft Lexington for a Change of Manager and, once approved by the ABCC, issue the updated All Alcohol InnHolder Liquor Lic ens e to L�i Ho spitality Lexington F B MG T, Inc., d/b/a Alo ft Lexington with Jonathan Mehlman named as Manager. FOLLOW UP: S elect Board O ffice DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 7:20pm ATTACHMENTS: Description Type � �.��r��ro. ��,��,��,�� ,�� ;�,��.�� .��,��,� I ' Z , Dacusign Envelope�D:935FDDS4-Eg5�-44DG-99FC-Q��85E27�5FF � Th� �'�mm�r��altl� of��rssachuset�s �11��h�lic�e�erage� �'o�tral�"ommissiat� 9S F�r�rth►�'tpeet,,�'uite 3, Chelser�,11�1�� O.�l SD-�35� � w�w.r�ass.gavlabcc � AMENDMENT-�ha11 e af iVlar�a��r � Chan e af Litense Mana er - . , �,.,_, „ � 1. B�JS�NESS ENTITY 1NF�RM►4Tl�N Entity Name Muni�ipalit� AB�C Lieens�Numb�r Li�i H�spitality Lexin�tan FB MGT,Inc. L�xing�on �03�-HT-�61� �.aPPLI�ATf�N ��NTA�T The applicativn c�nta�t i�the persan wha shouid be c�ntacted with any qu�stions regarding this ap�f icativn. Nam� Tit�e Email Phone ul�a Rv�ce Attorney '�royce@sherin.com G�7-��-2080 , �A. IVIANAGER �NF�RMATI�N i Th�individual tha�has be�n a�p��nt�d t�manag�and cantr��of the license�!busine�s and prem�se�. Proposed Manager Name J�nathan Mehlmann Date�f Birth �� { Resid�n�ia f Address 9 Jonathan Aven ue, Millbury, MA 0�5�7 Emaii JanMehlmann�l��c�graup.c�m _ Phane 7$1-�61-�734 ' Pl�ase ind�eate how man�haurs per w��k Last-Appra�ed License Manager y�u intend to be on the licens�d premises 4� Kama�Kar�be 3�. CITlZENSHlP BA�KGR�IJND lNFDRMATi�N Are you a U.S.Citi�en?� �'Y�� 1Vlanager must be U.S,citizen !f yes,attach�ne of the following as�r�of�f�iti�enship U�Passport,Vater's�ertif��ate,B�rth Certifi�at�vr Naturali�ati�n�aper�. Hav�y�u ever been canvicted of a��ate,federai or milita crime? . ► r� �`:l��s �:No if yes,fiil aut�he table belaUv and atta�h ar�affidavit p�oviding the detai�s of a�ry and a!I��nvict�ons.Attach addi�i�nal a es if � � � necessary, u�iliz�ng the f�rmat below. Date Muni�ipali�y Char�e �i�pasition I I 3C. EMPL�YIUIENT INF�RMATlDN P�ease pravide your�mplvyment histvey.Attach additi�naf pag�s, if n�ces�ary, utili�ing the f�rmat belaw. 5tart Date End Dat� Pasi�i�n Empl�yer , Sup�rvisar Name . 4 urrent ��nera!Man�ger . Lixi Hospital��y Patricia Elk�ns �11�I��4 31��1��4 �eneral Manager True Nor�h H��el�roup Maur�a Pee�er 3D.PRI�R��SCIPLINARY ACTl�N HavQ you hefd a benefi�ial�r finan�ial interest in,�r be�r�thQ manager of,a lic�nse to s�ll alcohQli�be��rages�hat was subj��t�o dis�iplina�y ac�ion? �:Y�S �;�� If�es,please fill out the table.A�ta�h additiana!pages,if n�t�ssary,u��li�ing th�format ael�w. Qate�f A�tE�n Nam�of L��ense Sta�e City Rea�vn far suspensian,r�vaca�ion ar�anc�llatian J hereby swear under the �enal�i�s vf perjury that�he rn�arma�ian!have provid�d in this opplr�ation rs trr�e and❑ccura�e: Manager's 5ignature � dl�V�rUt, aa.�� 11/14/�Q�4 , . ❑�cusi�n Env�lope iD:935FaDB4-E95C-�4Q5-99F�-a�485E27�5FF APPLICANT'S STATEr111ENT ��hristaphe�6ono the: �svle pr�pri�t�r; � artner• �car arate rinci • Q p 1 p � pal, LL�/LLP manager Author��ed Signatory Lixi Hospitality Lexington FB MGT.�nc. �f Name�f�h� Enti��/��rp�rat�vr� h�r�by su�mit�hrs app�icati�n �hereinaft�r the"Applicatian"},to the Ivcal licensing au�hority�the"LLA"}and the Alc�hali� Beverages Can�r�f Cammission �the`"A6C�"and t�gether with the LLA callectivefy the"Lic�nsing Auth�rities"�for approval. 1 da h�reby declare und�r the pains and penalties af perj�rr�that E�have persanaf kn�wledge�f the informativn�ubmitted in the Appiication.and as su�h affirm that all stater�nents and representativns therein are true to th��est af my knawl�dge and be�ief. I further subm�t th�folEov►ring to be true and aCGurate: �1} i understand that each representatian in thi�Application i�material ta the Licensing Autharit�es'de�isEan�n the Appli�atinn and that the LiGens�ng Auth�rities wi�l rely on ea�h and eWery ans►rv�r in th�Appi�catian and accompany�ng documents in reaehing it�decisian; ; {�} I �tate that the i�cation and de�cription�f the pro�os�d f�c�nsed premises ar�in��mpliance with state and l�cat iaw�and regulatians; . � �3} I understan�l that whif�the Appli�ati�n is pending, ! must natify the Li��nsing Autharitie�af any chang�in the information �ubmitted ther�in. 1 understand that fa�lure t�gi�e su�h notice t�the Licensing Autharities may result in di�appr�va�of the Application; � � ��} I understand that upon approWal vf the Applicati�n, I must notify the LEcensing Authvriti�s of any�hange in the �wnership as appro�ed by the Licensing Authorities. 1 understand that fail�re ta give su�h nvti��ta the Li�en�ing Authorities may result in sanctivns including re�a�at�vn a�any I��ense for which this Application is submit�e�; f �5} I und�rstand that the licensee will b� baund by the statements and represen�ati�ns made in the Ap�li�atinn, inc�uding, but not limited ta th�identity of persons with an Qti►vnership ar fEnancial interest�n the lic�nsef 6 I und�rstand that all stat�ments and r��resentatians ma��became�anditions of the lic�nse; � �7� I und�rs�and that any physicaf alterations ta�r changes to th�si�e af the area used f�r�he sa�e,deliver ,stora e or, Y � . cansumption of a�c�hQli��verages, must be reparted t�th�Licensing Authorities and may r�quir�the priar appro�al �f the Li�en��ng Author�ities; � �S� 1 unders�and that th� �icensee's failure tn vperate the li�ense� pr�mises in aCcardance with the statement�and repr�senta�ians made En the Appficati�n may result in sanctiQns, inclu�ing the rev�cation af any IE��nse for►nrh�ch�he Appf i�ation was submitted;and � ��} I un�lerstand that any false sta�ement or misre�resen�atinn will canstitut��aus�for disappraval of the Applicatian ar � san�tion� including re�a�at�an of any EicensQ far which this A�p�i�ation is submitted. �1�� I canfirm that the applicant cvrporation and each indiWidual listed in th��wnership se�ti�n af the app�i�ativn is in gov��tanding with the MassaGhusetts Departm�nt of ReWenue and has camp�ied with all laws of the��mmonwealth relating ta taxes, r�porting Qf employees and contractors,and withhvlding and remitting�f ch�ld su�port. Sig�ed by: ' Signatu�e: ��e: 11/14/�� Ti�le: �r�siden�and Dir��or � , . Dacusign Envelape 1D:935FDDS4-E95C-�44DG-99FC-D��85E2��5FF ENTlTY V�TE The B�ard �f Dire�tors ❑r LL� Manag�rs�f Lixi HospitafityLexing#an FB MGT,Inc. Entity Name du�y voted ta a�ply to the Licer�sing Autharity of Lexington and the �i�y�Town Corr�rnonw�alth of Massa�husetts Alcah�li� 8�verag�s �or�trol ��mmissian an ��'�41�� . Da�e❑f Me�t�ng F�r th�folivvW�ng transactions �Che�k all that apply�: Q ChangeofManager ��ther "1I�TED:Ta authoriz� Chr�stophe�Bano Name�f Person . ta s��n t�r� applicat�an subm�tted and to exe��te�n the Entity's behalf, any necessary pap�rs an.d do all�hings r�quired t� hav�the ap�li�ati�n granted." "V�TED: To�ppoi�t a�Mehimann � � Name�f Liquor L��ense illianager i as its manager of r�cord, and hereby grant him �r her tinrith full auti��rity and control af th� pr�mises d�scri�ed in th� �i�ense an� auth�rity and cantrol of the��nd�act of all business ther�in �s the �icense� itself cou�� ir� any way hav�and exercise if it w�re a natural person residing in the�ammanweafth of Massa�husetts.'� A tru�capy attestl Far Cor �rations �IV LY A tru��op}�attest, 5��,��y: C�rporate�fficer�LL� Manag�r Signatur� . , . ��rp�rat�on Clerk s Signature �hristopher B�no, President and Director {Print Name} �Print Nam�} � � AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Review and Approve Sth Edition of the Tree Management Manual PRESENTER: ITEM NUMBER: Nancy S ofen, Lexington Tree C ommittee Chair I.5 S UMMARY: Category:Decision-Making The Tree Committee seeks approval from the S elect Board for the The Lexington Tree Management Manual 5�Edition(TMM. The current manual has been updated to reflect amendments to the Tree Bylaw and the c reatio n o f rule s and regulatio ns that s up p o rt the b ylaw. Attac hed fo r yo ur review is a red lined vers io n s ho wing the proposed edits as well as a version with the proposed edits incorporated. The following is a general summary o f the propo s ed edits: • p. iv, P refac e: in the s econd to last paragraph, describ es what changes are made in this edition. • 7: Figure 1 updated to accurately reflect wording of bylaw and current practice regarding how front setback is measured • 17-19: Large S hade Tree list for 4x mitigation credit updated • 20: Small Tree list for planting under wires expanded • 22: Invas ive Tree lis t exemp t fro m mitigatio n and p ro hib ited fro m mitigatio n p lanting • p. 20 (old), 23(new)bottom, section D., corrects reference to where the Lexington Tree Inventory can b e found on the town web site.. • 36, 38-42: Updated section VIII Tree Protection During Construction • p. 63 (o ld), 67(new), up dates Tree C ommittee memb ership to memb ers at the time the c ommittee voted to approve the changes • F or the above, deletions are shown as or noted in Track Changes; additions are in r t t. The two sections below are in black text only; the Tree Bylaw because of cumbersome editing is s ue s and the Rule s and R egulatio ns, whic h is an entirely new s ec tio n, to fac ilitate read ing. • 64-69: Lexington Tree Bylaw updated to include 2021, 2022, 2023 and 2024 amendments. • 100-116: Added Append�XIV Lexington Tree Bylaw Rules and Regulations, including supporting figure s and d o c uments, s o me o f whic h are intentio nally redund ant b o th internally and with the T MM edits above. This append�is intended to be distributed as a stand-alone set of plain-language rules p ertaining to the Tre e B ylaw. T his s ec tio n c o ntains hyp erlinks to figure s and tab le s within the d o c ument and to the Town web site. • T he Tab le o f C o ntents will b e amend ed with c o rrec ted p age numb ers after edits are ac c ep ted and new p age numb ers are as s igned. The Tree Bylaw Rules and Regulations were developed over the past several months and have been approved by a unanimous vote of the Tree Committee. They were sent for review to the DPW Director and Tree Warden, Town Counsel, Building Inspector, Bylaw Enforcement Working Group, IT Director, Planning Staff and P lanning Board, C ons ervation S taff and C ons ervation C ommis sion, S ustainability Director and Sustainable Lexington Committee, Recreation Director and Recreation Committee. SUGGESTED MOTION: Move to (app�ove)the Sth Edition of the Tree Management Manual as proposed (with �ecommended edits) FOLLOW UP: If approved Tree Warden/Tree Committee to coordinate posting of updated manual DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 7:3 Op m ATTACHMENTS: Description Type � �I��,��'W�'��,�. ��,��.��,��r��`�� ;�,��.�� .��,��,� � ��°��,��'W�"�r��,�. ��,��,��a,��. .��,��.��,��r��°��,,,,,�r��,�� ;�,��.�� .��,��~��,� Lexington Tree Management Manual Town of Lexin ton Massachusetts g � Fifth Edition 2024 Town of Lexington Tree Committee Funds for the lst Edition donated by The Lexington Field and Garden Club (LFGC) The Massachusetts Department of Conservation and Recreation (DCR) 2003 Urban Forest Planning and Education Grant Funds for the 2nd� 3rd� 4tn & 5th Editions donated by Lexington Tree Fund and Lexington Forestry Division Graphics by Bruce Walker http://www.bruce-walker.com/ Published by Town of Lexington lst Edition, 2003; 2nd Edition, 2009; 3rd Edition, 2012; 4th Edition, 2020, 5th Edition 2024. Subj ect to periodic updates as warranted. Please consult the Tree Committee or the Town of Lexington websites for revisions at http://www.lexingtonma.gov/tree-committee COPYRIGHT NOTICE The Lexington Tree Committee (LTC) hereby grants permission to reproduce and disseminate portions of the Lexington Tree Management Manual for non-commercial purposes provided that the LTC and the graphic artist are credited, and distribution is not for profit. LTC c0 2024 Lexington Tree Management Manual With gratitude, the Lexington Tree Committee dedicates this edition of the Lexington Tree Management Manual to NELL WALKER 1934-2017 , � r��. �� .� �. �� d oi�� v e y' �- � �w, � , �g� � �°'��" 'I � ` i��,��'��l h ✓ � ,I �J� 14,p� ��r°"'��y��'1�;SV Y �'� yr� a. , �t 4 r�l N �i f i,rr � P , �rvJ��^��i ��; �:��✓' �i��f�G i i .. i��r��,� 7�h �'rdf/I �� Id��7 R��1�i y�'"�i�r��i��$ yi y� °�"�� ✓r,, � ��j 6 5�d7� �'� �"�9 �i� ��r� � �� Nfi�� 71�9o-��ri�`'�j�rdrl��d!�`�f� � p � �i� � i � � / �� a. IV 9� H�'N� �� ,7 n:.��'�J�/yl�Y�1111�GJ��ip�IP IyP�U ��I� �^��M�� . �, ��J,� p 1�� m��P��",G��'��i�b" #�� n��y1�7„Y r w��i�r m+�,",rtl u "�I� "�'i Rl�rq�� e � � � g i i1 d i �r F l i ✓'9'�r 4'q '�4 ,p�,� ,'/ � �'r, W� �,�1 1�r�5 m"� /w^��lwq%�� r� "1 i ,�„ iR v ^�i.,u�.y� '��'��'�� y��"�✓f�� NI�';d� r x � ra �i� h 4i� � ��f� �' i�lW�w� �� u ��6��I`�4i,.�f y��o4 J�PN��. l�l�� / �i � �Nr� r, � ��,r v�• �ti�� d��'�,�� `� r��u &��w � r')'� j ��4��Im+"�r�+�� u �'� t v�i�'� �4G+Y JJ '� � ! r wA �� / r r� �yri y �u1Ni�� i�ryr„��f � �l�l� � �( ��++��R��j��r��''i y�,6 a ��u � ni � 1��+r� �r"a��n � i r I�r��rjr�,r�s i r�9� ,, , ^ ��f� �� 1ji �" I��n�m�� a iJ��k� S �„w'�' I �, ,�'f�y9" ,��"p� ^;r ��N� ,i� ��'�'� �+�,�u� +�,�� y ��a�, v i� k 1fi-�' �� Ifr '�� 'hiV�(�e.�W+nq� ��'M,u�y'"i"�yy�� 7' ��1 r� ��,i�,�. �i � � "��'" Y� �,. � � �! „ ,T�'l��i ��. 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'. -. �; C � w,'mr °' , a �"� �� yl'r�, M R�, �� ro �t 1` 1 j ., , i � � e � �� ; �,�� r , �, �, 1�,� � ��,,�� , , f �,., � x,m ,,�„ � s � �`' � � �,�;�,��« a�� ¢` � � 7 � � µ 9�"r�i� �� { ' �� t r'"�,�'Y"�"l� ��ellN��,"� �,ry� r, � �r��,`�6��"� L�"i � „� �a „�� n� o : . i"'rww�`r`��'�� -.�e< ,.r�' �F ;� r�m�'l�d(M� f. w � �6 MM „ a r � di% r l. r�'n� r a�,"�u ; , � � y P'" rD✓s k F,rr� �y�� F�� .l, / > f .r v�i „ � r / � r "u �1 %��a��r�i�(qr� � ^ F�' r W J �� ` � ��",r� � �1��6�.1"��` �� H�y��Pl�r��li ; �I / " 1yPo1 b ', .aYP�� ; '��. v�r J' �1J!°v�� „ �r '� .� �' o��^"�� k`":�. i �(v�'�'a � � ��,i��,�� . d r�+,�y� i i'my/,�,; r�,ry, � �y"",�y s�„n-�,� ,�,r��'a,��il�.° a��a,L, Member of the 1991 Ad Hoc Tree Committee, Which advocated for over a decade to form the Lexington Tree Committee Member of the Lexington Ad Hoc Tree Bylaw Committee, which wrote Lexington's first tree bylaw in 2000 Member of the Lexington Tree Committee from its inception in 2001 until her retirement in 2014 11 Lexington Tree Management Manual With gratitude, the Lexington Tree Committee dedicates this edition of the Lexington Tree Management Manual to JOHN FREY 193 0-2020 �,;: f, �. %, � ,, ��»�, u , � ��t ,, � � �r��U��p��;� : ,,, �, y,°��,r� � �,,� ��/% ;�J/i �„ � � „,, , , w, %/� �� 7 �, � i �% �; � � % �%, „��' � �, �� ; � � i i �, / r / � `' %/, �t. ��; i ; %i% �i �'; ; �� ` �%////� /%;;. ! ;: , � f i � , / � ;',�,. ,��l �'' �/ i� i��N �/ /� �'y'��il I��I�I�� / � � f�� // � )ii '�� f � ��f / �� i �% i/,, �%� %�� /// /�,; � f � �� %�� 1J r, � ��,,,,,/��" ,°/ j�'' . , ,, ;//r / � �// f///: i �� ,, f � /�` �i ��ii ��'�� I,....,, � , /" , 'f/%i�i//j��% j , ;/ ,: „ �,� ,ii U � �� „� � � �� '�� i��' i / , , /��." o �, ' ��J� �J�� i,F �� v; �u w�6�1�oi�I��Y�� 4,q.n i , r�, / � �, i I/: , �� ; r °� �, � �!� � �� %� �i , � '� � ' � i ; f 't: � � r �,. �; � '' '% � %' ; �' � ;: !� „ �; ;; f t /i� � , , � � !� j 1 , � � �l � 1 i%' l, /j% %j; , i � f j/,'�' %� %%j/ '�/ 1� �, � t� �� „ J /;: , ; %� '� , ; ; a� Member of the 1991 Ad Hoc Tree Committee, Which advocated for over a decade to form the Lexington Tree Committee Member of the Lexington Ad Hoc Tree Bylaw Committee, which wrote Lexington's first tree bylaw in 2000 Chair of the Lexington Tree Committee from its inception in 2001 until his retirement in 2018 Awarded the Minuteman Cane Award in 2015 111 Lexington Tree Management Manual PREFACE In 2014 the Lexington Director of Public�Vorks and the Lexington Superintendent of Public Grounds and Tree Warden requested information about the Emerald ash borer(EAB) and Asian longhorn beetle (ALB) be added to the fourth edition of Tree Management Manual. All previous editions of the Manual had dealt only with trees: their growth, care and protection. The advent of two invasive insects in Massachusetts, ALB in 2008 and EAB in 2012, each of which has the potential of destroying major hardwood tree species across the state and into the northern forests, influenced the decision to add chapters on these two insects to the Manual. It required a focused study of the entomology of both insects; their life cycles, which trees they favor and how they colonize. It included the history of how they arrived on our shores, what measures humans are using to control them, quarantines, different choices communities made in response when there was an infestation, and research being done on new control methods. The Commonwealth of Massachusetts and Federal government both have controlling legislation that gives communities the legal backing to fight these insects. These expanded and enriched the Manual. The entire Commonwealth of Massachusetts has been quarantined for EAB since 2015. The greater �Vorcester area has been quarantined for ALB since August 2008. The Boston Brookline area quarantine for ALB began in 2010 and ended 2014. To be in quarantine means that infected trees and wood of any part of those trees is not allowed beyond the boundary of the quarantine zone unless the wood is chipped into pieces small enough to destroy the beetle larvae. Firewood from a quarantine zone may not be moved to a non-quarantine zone. The fourth edition of the Tree Management Manual has web addresses in sections and references. It has an expanded list of Recommended Trees. The fifth edition includes new Rules and Regulations for the Tree Bylaw and its amendments through 2024. It also updates the Large Shade Tree List and other figures and tables referenced in those rules and regulations. �Ve hope you find the Manual useful and enj oyable. The Editors John�V. Frey Anne Senning Nancy Sofen 1V Lexington Tree Management Manual Town of Lexin ton Massachusetts g � TABLE OF CONTENTS Section Page I PURPOSE 1 II GOALS 1 III ENABLING LEGISLATION 2 A. TOWN STATUTES APPLYING TO TREES 2 B. STATE STATUTES APPLYING TO TREES 2 C. STATE STATUTES 2 D. FEDERAL STATUTES APPLYING TO INVASIVE INSECTS 2 IV JURISDICTION OF TOWN BOARDS AND DEPARTMENTS 3 A. JURISDICTIONS 3 B. TREE REMOVAL— STATUTES (including Rights & Responsibilities Regarding 4 Neighbors' Trees) C. DONATING TREES TO THE TOWN 6 V TREE PLANTING S A. TREE SELECTION 8 B. LISTS OF RECOMMENDED TREES (CHARTS) 11 C. PUBLIC TREE SITE SELECTION 23 D. PUBLIC TREE PLANTING 23 E. PRIORITIES FOR TREE PLANTING LOCATIONS 24 F. SETBACK PLANTING ON PRIVATE PROPERTY 24 G. SPACING OF STREET TREES 24 VI PLANTING GUIDELINES 27 A. SITE PREPARATION 27 B. PLANTING DIRECTIONS FOR BALLED AND BURLAPED TREES 30 C. PLANTING DIRECTIONS FOR BARE ROOT TREES 32 VII MAINTENANCE SPECIFICATIONS FOR PRUNING 34 A. GENERAL REQUIREMENTS FOR PROPERTY OWNERS/PRV. CONTRACTORS 34 B. ADDITIONAL REQUIREMENTS FOR PROFESSIONALS 38 C. AUTHORIZED TYPES OF TREE PRUNING 38 VIII TREE PROTECTION DURING CONSTRUCTION 39 A. GENERAL GOAL OF SAVING LIVING TREES 39 B. PROTECTION REQUIREMENTS FOR EXISTING TREES 41 IX INVASIVE PLANT SPECIES IMPACT ON PUBLIC LANDS 47 A. DEFINITION, MASSACHUSSETTS INVASIVE PLANT ADVISORY GROUP 47 B. INVASIVE PLANTS ON LEXINGTON LANDS (CHART) 48 C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS 49 v Lexington Tree Management Manual TABLE OF CONTENTS Section Page X INVASIVE INSECTS EMERALD ASH BORER 50 A. EMERALD ASH BORER IN MASSACHUSETTS 50 B. RECOMMENDATIONS FOR HANDLING INFECTED ASH TREES AND WOOD 50 C. LEXINGTON DEPARTMENT OF PUBLIC �VORKS ASH TREE POLICY 51 D. WORKS CITED 52 XI INVASIVE INSECTS ASIAN LONGHORN BEETLE 52 A. ASIAN LONGHORN BEETLE MASSACHUSETTS OVERVIEW AND HISTORY 53 B. CURRENT DETECTIONS 54 C. MASSACHUSETTS ALB COOPERATIVE ERADICATION PROGRAM 54 D. �VORKS CITED 55 XII ASIAN LONGHORN BEETLE GREATER WORCESTER 2008-2014 55 A. GREATER�VORCESTER—LARGEST ALB OUTBREAK IN NORTH AMERICA 55 B. QUARANTINE ZONE 56 C. SURVEY METHOD 56 D. CHEMICAL TREATMENT 56 E. REPLANTING 56 F. CONTINUING SURVEYS 57 G. PHEROMONE TRAPS 57 H. �VORKS CITED 59 XIII ASIAN LONGHORN BEETLE FAULKNER HOSPITAL GROUNDS 2010-2014 59 A. INITIAL DISCOVERY 59 B. EVALUATION OF ASIAN LONGHORN BEETLE AND RED MAPLES 60 C. BOSTON AND BROOKLINE ERADICATION PROGRAMS 60 D. �VORKS CITED 62 XIV ASIAN LONGHORN BEETLE LEXINGTON POLICY 64 A. DISCOVERY 64 B. SURVEY AND QUARANTINE 64 C. ERADICATION OPTIONS 64 D. PUBLIC NOTICE 64 E. RESIDENT NOTIFICATION 64 XV SOURCE MATERIAL 65 A. PRINTED PUBLICATIONS 65 B. WEBSITES 6/11/19 66 XVI PUBLICATION INFORMATION 67 V1 Lexington Tree Management Manual APPENDICES Page APPENDIX I TREE BYLAW, TOWN OF LEXINGTON 68 http://ecode360.com/10535335 APPENDIX II Massachusetts General Laws CHAPTER 87. SHADE TREES 76 https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIV/Chapter87 APPENDIX III Massachusetts General Laws CHAPTER 40. SECTION 15C. SCENIC 80 ROADS https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeVII/Chapter40/Section 15C APPENDIX IV Massachusetts General Laws CHAPTER 132. FORESTRY SECTION S. 81 Entry on land to control and suppress public nuisances https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Section8 APPENDIX V Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 11. 82 Suppression of moths, caterpillars,worms and beetles and any invasive plant or animal species; rules and regulations; contracts; studies for control of public nuisances; annual recommendations https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Sectionl l APPENDIX VI Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 12. 83 Interference with suppression or eradication of Asian longhorned beetle, oak wilt or any public nuisance; penalties; injunctive relief http s://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 13 2/S ection 12 APPENDIX VII Massachusetts General Laws CHAPTER 132A. STATE RECREATION 84 AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT SECTION 1F. Duties of bureau of forestry http s://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 13 2A/S ection 1F APPENDIX VIII U.S. CODE OF FEDERAL REGULATIONS (CFR) 85 TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES EMERALD ASH BORER http://www.ecfr.._�ov/cgi- bin/retrieveECFR?g�=1&SID=3 6beb93 3 6d8b90a8225b7196b3 567b 10&ty=HTML &h=L&r=SUBPART&n=7y5.1.1.1.2.10 APPENDIX IX U.S. CODE OF FEDERAL REGULATIONS (CFR) 90 TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES ASIAN LONGHORN BEETLE https://www.law.cornell.edu/cfr/text/7/part-3 O 1/subpart-1ii65?qt- cfr tabs ori�=1#qt-cfr tabs or APPENDIX X Emerald Ash Borer: Initial Quarantine Order for Berkshire County 96 http://massnrc.or�/pests/linkeddocuments/EABQuarantineMarch2013.pdf APPENDIX XI Emerald Ash Borer: Extension Quarantine Order the entire state 11/26/14 yg http://massnrc.or�/pests/linkeddocuments/EAB3rdAmendedOrder.pdf APPENDIX XII Asian Longhorn beetle: Commonwealth Quarantine orders for Worcester 100 County with Map: http://massnrc.or�/pests/albdocs/AsianLon�hornedOrder7.6.10.pdf APPENDIX XIII Asian Longhorn beetle: Commonwealth Quarantine orders for Boston and 104 Brookline: https://massnrc.or�/pests/albdocs/AsianLon�hornedOrder7.6.10.pdf APPENDIX XIV Lexington Tree Bylaw Rules and Regulations 106 Vll Lexington Tree Management Manual LIST OF ILLUSTRATIONS Page FIGURE 1 Tree Bylaw Setback Area for Residential Properties 7 FIGURE 2 Select Trees According to the Site 9 FIGURE 3 Trunk Girdling Roots 10 FIGURE 4 Lexington Tree Committee Planting Program Setback Area 26 FIGURE 5 Street Treeway 28 FIGURE 6 Balled and Burlapped Tree Planting Guidelines 29 FIGURE 7 Bare Root Tree Planting Guidelines 31 FIGURE S Correct Use of Mulch 33 FIGURE 9 Tree Pruning Crimes 35 FIGURE 10 Where to Cut Branches 36 FIGURE 11 Avoid Bark Wounds 37 FIGURE 12 Design to Save Specimen Trees 40 FIGURE 13 Protecting Trees During Construction 42 FIGURE 14 Tunneling Under Root Zone 45 FIGURE 15 Grade Change Guidelines 46 PHOTO 1 Emerald Ash Borer,Enlarged & Actual Sizes 50 PHOTO 2 Asian Longhorn Beetle,Enlarged & Actual Sizes 52 PHOTO 3 Asian Longhorn Beetle Chewing An Egg Site 54 MAP 1 Map: Asian Longhorn Beetle Infestation, Greater Worcester, MA 58 MAP 2 Map: Asian Longhorn Beetle Infestation,Boston,Brookline,MA 61 Vlll Lexington Tree Management Manual I PURPOSE In April 2001, the Lexington Town Meeting approved a Tree Bylaw (Part 1 — General Bylaws, Chapter 120, TREES), which gave increased protection to the town's living infrastructure. The bylaw affects trees on public land and, in certain cases, trees on portions of private property. From time to time the Tree Committee,Town Meeting and the Select Board modify this bylaw.Please refer to the Town website(Code of the Town of Lexington, MA, Part I—Chapter 120, TREES, Page 64) or http://ecode360.com/10535335 for latest revisions. This Tree Management Manual will be used as the standard for tree planting, maintenance and protection in the Town. § 120-15 Tree Management Manual. [Added 4-4-2007 ATM by Art. 13] (Code of the Town of Lexington, MA, Part I—Chapter 120, TREES, Page 64) or https://ecode360.com/10535335 Its purpose is to set forth details of current standards and practices for arboriculture and shall apply to work done by town employees, developers, builders, contractors and private individuals. The Tree Committee reviews and updates the Manual periodically. II GOALS A. TOWN OF LEXINGTON GOALS 1. To encourage both professionals and amateurs to plant and maintain trees correctly. 2. To achieve close cooperation between the Tree Warden, all town departments, private developers and utility companies on matters that affect Lexington's trees. 3. To maintain a tree-by-tree inventory on public land with information about location, species, size and health of each tree as well as potential tree hazards in a database which will be integrated into the Town's GIS database that can be updated on a regular basis. This database shall be the foundation for Department of Public Works, Public Grounds Division planting, maintenance and management plans. 4. To replace trees lost during the preceding year on at least a one-for-one basis. 5. To submit an annual budget for planting replacement trees. 6. To encourage the planting of hardy native trees within the street right of way,on town conservation lands,parks, and other public spaces. 7. To encourage private funding as a supplement to the tree budget. 8. To institute a town-wide tree education program about tree diseases such as Asian Longhorn Beetle and Emerald Ash Borer in newspaper articles, web postings, and inserts in town-wide mailings. To enhance this education program with publicity at events such as Arbor Day, and to liaison with school curricular development. 9. To maintain and increase the tree canopy with the goal of increasing climate resilience. 1 Lexington Tree Management Manual III ENABLING LEGISLATION The following provisions of law regulate and affect public trees in Lexington, and set forth the duties of the Tree�Varden: A. TO�VN STATUTE APPLYING TO TREES 1. Code of the Town of Lexington, MA, Part I—General Bylaws, Chapter 120, TREES (See Appendix I, Page 68). http://ecode360.com/10535335 B. STATE STATUTES APPLYING TO TREES 1. Massachusetts General Laws, Chapter 87, (Shade Trees) Sections 1-14 (See Appendix II,Page 76). https://male�islature.gov/Laws/GeneralLaws/PartI/Tit1eXIV/Chapter87 2. Massachusetts General Laws, Chapter 40, (Scenic Roads) Section 15 C (See Appendix III, Page 80). https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeVII/Chapter40/Sectionl5c The following provisions of law regulate the health of trees in Lexington in relation to Asian longhorn beetle and Emerald ash borer, and set forth duties of Tree Warden in relation to attacks by either insect: C. STATE STATUTES APPLYING TO INVASIVE INSECTS 1. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION 8 (See Appendix IV, Page 81). https://male�islature.gov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Section8 2. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION 11(See Appendix V,Page 82). https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Sectionl l 3. Massachusetts General Laws, Chapter 132, (Forestry) Sections 12 (See Appendix VI, Page 83). https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Sectionl2 4. Massachusetts General Laws, Chapter 132A, (State Recreation Areas Outside Of The Metropolitan Parks District) Section 1 F (See Appendix VII,Page 84)._ https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132A/Sectionl F D. FEDERAL STATUTES APPLYING TO INVASIVE INSECTS 1. U.S. CODE OF FEDERAL REGULATIONS(CFR) TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES EMERALD ASH BORER(See Appendix VIII, Page 85). https://www.law.cornell.edu/cfr/text/7/chapter-III 2. U.S. CODE OF FEDERAL REGULATIONS(CFR) TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE NOTICES ASIAN LONGHORN BEETLE (See Appendix IX, Page 90) https://www.law.cornell.edu/cfr/text/7/part-3 O 1/ 2 Lexington Tree Management Manual IV JURISDICTION OF TOWN BOARDS AND DEPARTMENTS A. JURISDICTIONS 1. Department of Public Works, Public Grounds Division The Superintendent of Public Grounds (the Tree Warden) shall be responsible for all public trees in Lexington. This Division shall initiate and supervise the selection, planting and maintenance of most of the toWn's street trees and setback trees. (See Lexington Tree Bylaw, §120-5, Appendix I, Page 68), http://ecode360.com/10535335 2. Department of Public Works, En�ineerin� Planting shall be coordinated with future town proj ects including sidewalk improvements, street construction and water systems. This also includes schools, the community center, library, recreation, public works, and other municipal facilities. The Department of Conservation and Recreation (DCR) http://www.mass.gov/eea/agencies/dcr/ guidelines recommend that a minimum of 2% of the street/curb/sidewalk construction budget be for tree planting. 3. The Lexin�ton Plannin�Board and the Lexin�ton Plannin�Department The Board and the Department shall recommend tree preservation and/or planting as part of Special Permit Proj ects and other developments including new and renovated buildings and parking facilities. The Planner shall consult with the Tree�Varden and Tree Committee and follow the standards and procedures set forth in this Manual. 4. Other Town Commissions, Committees and Entities The following shall also consult with the Tree Warden and Tree Committee and follow the standards and procedures set forth in this Manual. a. Select Board b. Board of Appeals c. Conservation Commission d. Design Advisory Committee e. Historic Commission f. Historic Districts Commission g. Lexington Historical Society h. Permanent Building Committee i. Recreation Committee j. School Committee k. Sidewalk Committee l. Utility Companies 3 Lexington Tree Management Manual B. TREE REMOVAL STATUTES 1. Public Tree Removal If violations occur, interested parties may contact the Tree Warden. a. Process Refer to Massachusetts General Laws, Chapter 87 Shade Trees (Appendix II, Page 76), https://male�islature.�ov/Laws/GeneralLaws/PartI/Tit1eXIV/Chapter87 Section 2 (Powers of the Tree�Vardens), Page 76. Section 3 (Cutting of public shade trees;public hearing; ... owner), Page 69. Section 6 (Penalties), Page 76 Section 11 (Injury to Trees of another Person), Page 78 Section 12 (Injury to Shrubs, Trees ... in a public way or place), Page 78 Refer to Town of Lexington, Chapter 120, TREES (Appendix I, Page 68), http://ecode3 60.com/105 3 5 3 3 5 §120-3 (Definitions for Public Shade and Town Trees),Appendix I [Added 4-5-2017 ATM by Art. 3 7] Page 69. §120-7A Public shade trees and Town trees (Scope), Page 70. §120-7B Public shade trees and Town trees (Procedures), [Added 4-5-2017 ATM by Art. 37] Page 70 §120-10 (Enforcement), Page 74. b. Criteria (Refer to Town of Lexington, Chapter 120 TREES Appendix I, Page 68 , http://ecode3 60.com/105 3 5 3 3 5 §120-4A (Applicability), Page 69. §120-9 (Emergencies and Exemptions), Page 73. c. Enforcement §120-7D (Removal , Mitigation and Planting of Public Shade Trees), Page 71. §120-10 (Enforcement), Page 74. 4 Lexington Tree Management Manual 2. Private Tree Removal Trees on private property generally remain under the control of the owner. However, during demolition or during construction which increases a building's footprint by 50% or more, the Town Tree Bylaw applies. If violations occur, interested parties may contact the Tree �Varden and the Building Inspector. a. Process Refer to Town of Lexington, Chapter 120 TREES (Appendix I, Page 68), http://ecode360.com/10535335 §120-3 (Definition of a protected tree), Page 68, (See Figure 1, Page 7). §120-8 (Scope), Page 71. Other trees on private property remain under the control of the owner. Property owners are encouraged to have their trees inspected and maintained routinely by a certified arborist,both for the health of the trees and the safety of residents and the public. b. Ri�hts and Responsibilities Re a� rdin�Nei�hbors' Trees The laW is clear in Massachusetts that when a tree trunk stands Wholly on one party's land,that party is considered to be the sole oWner of that tree. [Levine v. Black, 312 Mass. 242, 243 (1942)]. Massachusetts law recognizes a"right of self-help"by which a property oWner can cut the limbs or branches of a tree that invade their property as long as such cuttin�is done at the propert_�� [Id.; Michalson v.Nutting, 275 Mass. 232, 234 (1931)]. Under Massachusetts common laW, a homeowner may remove branches of a neighbor's tree that extend over the property line,up to the propert.T�, as lon as they don't kill or dama e._� the tree. The tree's owner has no liability for roots groWing into an abutter's yard, even if they cause damage to the abutter's property. Massachusetts law does not alloW a person to cross or enter a neighbor's property for tree Work without the neighbor's consent. They also cannot remove any branches or other vegetation within the confines of the nei hbor's property without permission. This is the"Massachusetts Rule." Rights as to the tree differ When the tree trunk stands on the boundary line of two pieces of property. 5 Lexington Tree Management Manual c. Recommendations Property oWners should consider the folloWing before removing a tree from their private property: (i) Is it healthy? If not, can it be treated? �11� Is it a unique or rare species? �111� Can your plans be accommodated any other way, such as through pruning? 3. Tree Removal for Disease Control For situations where trees must be removed for disease control refer to Section X. INVASIVE INSECT SPECIES EMERALD ASH BORER (Page 50-52) and Section XI. INVASIVE INSECT SPECIES ASIAN LONGHORN BEETLE (Page 52-54). C. DONATING TREES TO THE TOWN 1. Plantin� Trees on Public Land As stated in the Tree Bylaw (§120-7C Appendix I, http://ecode360.com/10535335 Page 68), any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree �Varden. 2. Gift of Tree-Plantin�Funds The Town of Lexington welcomes tree-planting fund donations in any amount. One may contact the Tree Warden, Chris Filadoro, at the DPW by email Cfiladoro(a�,lexin_tonma.gov or phone (781) 784-8300 xl to review specifics. 3. Commemorative Tree Pro�ram Lexington's Tree Committee has a Commemorative Tree Program where one may donate a tree in honor or in memory of a person. Background of the honoree is kept in perpetuity in a Commemorative Ledger for Trees in the Cary Memorial Library.For details refer to a brochure at the DP�V or the Tree Committee web site,https://www.lexin�tonma.�ov/tree-committee 4. Donation of Trees for Transplantin� The donation of a living tree to be transplanted from private to Town property may be accepted at the discretion of the Tree �Varden. Factors in the decision will be the species and condition of the tree, current Town needs, and the availability of funds to transplant. Only unusual specimens in good condition will be considered, due to difficulty and expense in transplanting large trees. 5. Donatin� a Street Tree Homeowners may purchase a street tree, which the Town will plant, resources permitting. Apply to the Tree�Varden, Chris Filadoro at the DP�V by email Cfiladoro(a�lexin�tonma.gov 6 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ur� I � TREE BYLAW SETBA�K AREA F�R RESI D ENTIAL PR�PERTI ES The Tree Bylaw Setback Area for Protected Trees is to be 3�feet from the front of the property �may be the asphalt edge of the road, the back of sidewalk, or other edge of Town right-of-way} and I 5 feet from the property lines on the two sides and the rear of the property. rear of property r'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�'�� 1 � 1 � 1 � 1 � ; I 5 feet ; , ; , , � ; , ; , , , , � ; ; ; � UNRESTRICTED AREA � � ! � 5ee definitian af setbacl<in Appendix I,§I 2�-3. � � ; � � � ; � � � � � ; i ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...... . . ;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;;, � ,,�ii � � ,,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;,,;;,,,,,,,,,,,,,,,,, . 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' �. � , a . ��,, . a , �,,,,,,,;;,,,,,,,,. �,,,,,,,,,,,,,,,,,,,,,,,, , �,,,,,,,,,,,,, ��i�i �,,,,,,,,,,,,,,,,,,,,,,,,,,,,, � � ,,i�/////////�j,;,;,;,;,;,;,;,;,;,;,;,;,;. � i i 0 0 ; � ; a� � � a� , ��i�i� , � � ,,��i�////////�i ; � .� � � .� � ; � ; � ; � ; � ; � ; � ; � ; � ; � ; � � � , � ; � ; � � � ; � ; � ; � � � , � ; � 3�feet � , ; , , , , � ! , , , , , ; � ; , , , ; ,._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.; Ifront of property:Town right-of-way 7 Lexington Tree Management Manual V TREE PLANTING A. TREE SELECTION 1. Characteristics �Vhen selecting the tree species to fit a site consider mature height,projected longevity,rate of growth,hardiness, soil and microclimate requirements(sun or shade,wet or dry),wind and salt tolerance, ornamental attributes, and disease/pest resistance. (See Figure 2,Page 9). 2. Individual Selection Choose a healthy specimen: a. Reject any with girdling roots. Examine the root ball top. Girdling roots strangle the tree by growing around or against the tree's trunk and major roots. (See Figure 3,Page 10). b. �Vhere possible, avoid grafted stock. c. Examine the trunk and rej ect those with severe wounds. d. Check for desired form and branching. e. Check that foliage has good color and is not wilted. 3. Appropriateness to Site The choice of species in various locations depends on surrounding circumstances: for instance, potentially large trees are only appropriate in parks or on broad streets where there is room for full growth. If obstructions such as utility wires limit the available space, select a dwarf species or varieties with growth rates that will not create future problems. 4. Species DiversitY The Town should plant a diversity of species in one area or on one street, to avoid the danger of horticultural epidemics. This prevents a monoculture, creates a balance in defined areas and visual variety across the town. 5. Species to Avoid The Massachusetts Prohibited Plant List was published 2005. It is updated periodically. It includes the following tree species which should neither be purchased,planted,nor transplanted because of their invasive properties,Norway Maple, Sycamore Maple, Tree of Heaven, Black Locust,Glossy and Common Buckthorn.As of 1/1/2009 all of these plants are prohibited from sale, purchase, trade or propagation. For more information about trees that should NOT be planted,or whose planting should be limited,refer to in this Manual,V.B.2.List Of Host Trees For Asian Lon�horn Beetle, V.B.3. Trees Killed B_y Emerald Ash Borer, (Page 15) and section IX INVASIVE PLANT SPECIES (Page 47), http://www.massaudubon.or�/learn/nature-wildlife/invasive-plants [online cited 27 March 2018]. 8 Lexington Tree Management Manual Fi ure 2 g SELECT TREES ACCORDI NG TO TH E SITE AVOID FUTURE PROBLEMS Consider removing trees that are too close. Prune large overhanging tree limbs. ❑ ❑❑ 0 6 � ft . m --------------------- in ---------------- ---- . Keep trees at least six feet from buildings. Be aware of gasline and telephone conflicts. Before excavating call Dig Safe: I -888-344-7233 or 8 I I , � , � , � 9 ��✓�� L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ure 3 � � � �� I � � � � � Trw�arr�k�iir�llbrr��„Il��r�l n�ac�t� ��a+u��dl V�;�+��a��s��w�il F��t�11�r��ll�rt��' 1kt�r��i�r�p��rm N��II� � ��'' ., , �� .. .�� w � � �,,, , �� '�" .�*�.�,...� _,'""'►�� ✓� ��,.�� , ��' � � � � � �� - � ��. L��r�ta�r�rrii��tlk��f��r��rr r��r��llar� ��c��FNI�r�� L�+C��rmaC��^�C'aC��w��°��r:�r��r�rr r��r��lar��it1��rill�r m��ul�� .�� -��. �`�"��`�.� . ,..��" � �� .:�-��-�-��"""`".�� ,. �, � � � �� _� � �� I� l� Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CHARTS� 1. Recommended Trees "Native plants are those that occur naturally in a region in which they evolved..." https://www.audubon.org/content/why-native-plants-matter jonline cited 28 August 2019]. The lists on the following pages were compiled by the Tree Committee to guide public tree planting selection, Tree Bylaw mitigation planting, and planting by homeowners. An "N" denotes a species native to North America. Many trees not listed here will grow in Lexington but are not recommended, or are recommended with reservations, for various reasons. Maples are the primary host for Asian Longhorn Beetle (ALB), (see Section V.B.2.). Zelkova, a non-native,provides no support for wildlife. Red Mulberry, although native, tends to be invasive, as does the non-native Mimosa tree. Birches are short-lived, disease-prone, and are ALB host trees. Black�Valnut can be invasive and is toxic to soil under the canopy. Callery Pears are invasive, short-lived and prone to split. The recommended trees Flowering Dogwood and Sourwood are delicate and need ideal planting conditions. The lists that follow the master list are subcategories,which sort according to size, salt-tolerance (for planting near streets), and susceptibility to certain insect pests. Common Name N Latin Nasne Mature Notes Salt Height tolerant Bald Cypress N Taxodium 50-70' Deciduous conifer(drops needles in Yes distichum winter), adaptable to wet or dry sites. Basswood N Tilia 60-80' Fragrant blossoms; good for bees; No ame�icana massive tree in old age; often suckers at the base Beech,American N Fagus 50-70' High wildlife value with edible nuts; No g�andifolia smooth gray bark; low-branching if open grown,but can be limbed up Catalpa N Catalpa 50-60' Dense flowers, large leaves and pods; Mod speciosa tendency to spread by seedlings Cedar,Alaskan N Chamaecypa�is 30-45' Graceful needle evergreen; hardier Yes �Vhite nootkatensis than Asian varieties. Best in damp, humid areas. Cherry, flowering; P�unus 20-30' Often short-lived; dense ornamental Yes Sargent Cherry sa�gentii spring blossoms; good for bees Cherry, Black N P�unus 50-60' A somewhat weedy, "common"but Salt se�otina hardy tree. Very valuable to wildlife, Spray second only to oaks in that regard. Sensitive Crabapple N Malus spp. 20-25' Native and Asian varieties, hybrids; Mod tough, low-branching; spring blossoms some winter fruit relished by birds; good for bees Dogwood, N Co�nus flo�ida 20-25' Large spring flowers; fall fruit feeds No Flowering birds. Needs moisture, mulch,partial shade.Not stress tolerant 11 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Nasne Mature Notes Salt Height tolerant Dogwood, Pagoda N Co�nus 15-25' Bird-friendly; excellent fall color No alte�nifolia Dogwood, Cornelian Co�nus mas 20-25' Yellow spring flowers; edible fruit No cherry Elm, American Ulmus 60-80' ALB host ; moderate to fast growing Yes ame�icana, esp. with graceful vase shape `P�inceton' Fir, �Vhite N Abies concolo� 30-50' Best Fir for this area; soft needles with Salt light bluish hue; good replacement for Spray blue spruce; can take dry,rocky soil Sensitive Fir, Fraser N Abies f�ase�i 30-40' Christmas tree shape; prefers moist Yes soil but tolerates dry. Hardier than Balsam Firs. Fringetree N Chionanthus 12-20' EAB host; long clusters of white Yes vi�ginicus flowers in spring Ginkgo Ginkgo biloba 45-55' Plant only males; females have Salt Spray odiferous fruit; slow growing; tolerates Sensitive shade, drou ht. Hackberry N Celtis 40-60' Hardy, takes adverse sites and Salt Spray occidentalis conditions. Bee and bird-friendly. Sensitive Hawthorn N C�ataegus 20-25' Fall berries attract birds; good fall leaf Salt Spray c�usgalli color; C. crusgalli var. inermis is Sensitive ine�mis, C. thornless; C. phaenopyrum has some phaenopy�um thorns; good for bees. Hickory, Butternut N Juglans 40-60' Slow-growing; sweet, oily nuts Mod cine�ea Hickory, Pignut N Ca�ya glab�a 60-80' Very adaptable, but difficult to No transplant unless small; friendly to wildlife;brilliant yellow fall color Hickory, Shagbark N Ca�y ovata 70-100' Same notes as for Pignut Hickory. No Interesting shaggy bark. Honeylocust N Gleditsia 40-80' Thornless varieties, small leaves, Yes t�iacanthos v. filtered shade kind to lawns; gold fall ine�mis color; females have large pods Hophornbeam, N Ost�ya 25-40' Unique seed structure, striking bark No American vi�giniana Hornbeam, Ca�pinus 40-60' Columnar varieties; useful in hedges No European betulus Horsechestnut Aesculus 50-75' ALB host; fruits eaten by migrating Yes hippocastanum birds and small mammals;prone to leaf scorch Ironwood, Blue N Ca�pinus 20-40' Tolerant of many planting sites; good No Beech ca�oliniana fall color 12 Lexington Tree Management Manual B.LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Nasne Mature Notes Salt Height tolerant Katsura Ce�cidiphyllum 40-60' Heart-shaped leaves emerge reddish- Yes japonicum purple in spring, maturing to blue- reen; ellow to a ricot fall color Kentucky Coffeetree Gymnocladus 50-70' Ideally plant males, as females have Yes dioicus large seedpods; bi-pinnate leaves; bare trunks and branches in winter Linden, Littleleaf Tilia co�data, 40-60' Neat shape but densely twigged; casts No especially dense shade;bee-friendly `G�eenspi�e' London Planetree Platanus x 70-100' Beautiful peeling bark; a cross between Yes ace�ifolia American sycamore and Asian planetree for disease resistance; supports birds, insect pollinators and small mammals Maackia, Amur Maackia 20-30' Tough; tolerates dry well drained soil, No amu�ensis Attractive bark, medium shade tree; bee-friendl Magnolia, Star Magnolia 15-25' Needs moisture; form often is that of a No stellata large shrub; very early white blossoms especially which may be obliterated by late `Centennial' spring frost;bee-friendly Magnolia, Sweetbay N Magnolia 10-20' Multi-stemmed, shrub-like; tolerates Yes vi�giniana wet soil, shade; scented white flowers; bee-friendl Magnolia, N Magnolia 50-80' Large leaves, yellow flowers, red seed No Cucumbertree acuminata clusters in autumn. Old trees have great character with massive branches. Maple,red N Ace��ub�um 40-60' Preferred host of ALB;bee-friendly; No tolerates wet sites; good fall color Oaks: Bur, Chestnut, N Que�cus spp. 60-80' American National Tree.Plant in spring See notes Pin, Red, Scarlet, only. Most beneficial of all local tree at left Swamp White, White species in supporting wildlife including butterflies. Red Oak is salt tolerant; others are less so. Pin Oak is salt intolerant. Osage Orange N Maclu�a 20-40' Interesting orange-tinged bark; thorns; Mod pomife�a females have fruits; extremely hardy tree even in poor sites. Pine, Eastern White N Pinus st�obus 50-80' Very supportive of wildlife; useful in No screening; plant at least 50' away from structures,prone to windthrow Redbud N Ce�cis 15-25' Tolerates some shade; strong spring No canadensis blossom color; young pods edible; good fall color; good for bees Redcedar, Eastern N Junipe�us 40-50' Common roadside evergreen, tolerant o No (tree form only) vi�giniana poor soil; check cultivar for predicted height 13 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Nasne Mature Notes Salt Height tolerant Serviceberry, N Amelanchie� 15-30' 4-season interest; edible berries;bird No Shadblow laevis and bee-friendly; white spring blossoms like a le famil ; red fall color Silverbell, Carolina N Halesia 30-40' Dense May bloom of white "bell" No tet�apte�a flowers; tolerates shade; grows quickly Smoketree,American N Cotinus 20-30' Intense fall colors; good street tree in Salt Spray obovatus wide planting strip if pruned to single Sensitive trunk; often naturall in bush form Sourwood N Oxydend�um 25-30' 4-season interest; late summer blossom No a�bo�eum excellent red-purple fall color; delicate,needs good planting site; bee-friendl Spruce, �Vhite N Picea glauca 40-60' Hardy, common. Useful as hedge or No windbreak or as specimen tree. Sweetgum N Liquidamba� 60-70' Star-shaped leaves; fall color; form Yes sty�aciflua sometimes is narrow Sycamore N Platanus 75-100' ALB host; stately shade tree with Yes occidentalis peeling bark, with patches of white and gray; supports a variety of birds, insect pollinators and small mammals; prone to anthracnose; hybrid London Planetree easier to find in nurseries. Tuliptree N Li�iodend�on 70-100' Tallest Eastern native tree; tulip- No tulipife�a shaped leaves;yellow blossoms; winter interest with persistent seed pods; likes some moisture; bee-friendly Tree Lilac, Japanese Sy�inga 20-30' �Vhite flowers in June with Yes �eticulata disagreeable scent; tough tree Tupelo, Black Gum N Nyssa sylvatica 40-70' Prefers wet soil but can tolerate lawns; Yes good groves at streamside; astonishing red fall color; fruit for birds; bee- friendl Yellowwood N Clad�astis 30-50' Spreading, low branching when open- No kentukea grown; good in lawns and naturalistic plantings; excellent yellow fall color 2. Host Trees for Asian Lon�horn Beetle; Hi�h Plantin��Varning Asian Longhorn Beetle (ALB) kills trees by tunneling into the trunk and branches. At-risk trees represent billions of dollars to the U.S. economy and the environment for lumber, maple syrup, carbon sequestration, and scenic value. ALB attacks a variety of tree species and significantly disrupts the forest ecosystem. No chemical or biological control methods are currently known to control ALB. 14 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CONTINUED) To avoid this high-risk insect,homeowners and builders should limit planting of ALB Host Trees (See Preferred and Occasional to Rare Host Trees for Asian Longhorn Beetle in U. S. Page 15) and seek non-host alternatives. Additional information is available at https://www.mass.gov/service-details/forest-pest-education-and- outreach [online cited 27 March 2018]. Report any questions to the Town Tree Warden at the DPW: C filadoro(a�lexin�tonma.gov. 2a. Preferred Host Trees For Asian Lon�horn Beetle: High Plantin��Varnin,� Common Name Scientific Name Notes Maple species Ace�spp. Red, Silver, Sugar,Norway; Red Maple is the preferred host. Japanese Maples seldom attacked. Horsechestnut Aesculus hippocastanum Birch species Betula spp. Gray, European White, River �Villow species Salix spp. Pussy, Weeping, White Elm species Ulmus spp. American, Siberian, Chinese, hybrids 2b. Occasional to Rare Host Trees for Asian Lon�horn Beetle in U.S.: Caution in Planting Common Name Scientific Name Notes Mimosa Albizia julib�issin American Sycamore Platanus occidentalis No record of infestation London Plane Tree Platanus x ace�ifolia Ash species (EAB Host) F�axinus spp. �Vhite, Green, Black Mountain Ash So�bus (European Mountain Ash) Katsura Tree Ce�cidiphyllum, spp.japonicum, magni�cum Poplar species Populus spp. Aspen, Balsam, Poplar, Cottonwood Goldenraintree Koel�eute�ia paniculata (Found in China,not yet in U.S.) The Host Tree Ranking information is taken from the US Government website at https://www.aphis.usda.�ov/plant health/plant pest info/asian lhb/downloads/hostlist.pdf[online cited 27 March 2018]. 3. Trees Killed by Emerald Ash Borer: Hi�h Plantin� Warning Emerald Ash Borer(EAB)is a non-native insect that kills Ash trees at any size, including�Vhite Ash, Green Ash, Blue Ash, and Black Ash(F�axinus, spp.) 15 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CONTINUED) The EAB has the potential at present to eliminate all Ash trees from the North American forest. All Ash trees are also host trees for the Asian longhorn beetle. Chemical treatments for EAB, for individual trees, are available. They are expensive and must be repeated for several years. EAB was found in Lexington and many surrounding communities in 2018. At this time Town policy is to not plant EAB Host Trees. For current data see http://emeraldashborer.info/ [online cited 27 March 2018]. 3. Trees Known To Have Some Salt-Tolerance Common Name Scientific Name Bald Cypress Taxodium distichum (native) Catalpa Catalpa speciosa (Moderate salt tolerance) (native) Cedar, Alaskan white Chamaecypa�is nootkatensis (native) Cherry, Sargent P�unus sa�gentii, especially `Accolade' (Non native) Crabapple Malus spp. (Moderate salt tolerance) (native) Cornelian Cherry Dogwood Co�nus mas (Non native) Elm Ulmus ame�icana (Warning: ALB host) (native) Fir, Fraser Abies f�ase�i(native) Fringetree Chionanthus vi�ginicus (Warning: EAB host) (native) Gingko Gingko biloba (Salt spray sensitive) (Non native) Goldenraintree Koel�eute�ia paniculata (�Varning: rare ALB host) (Non native) Hawthorns C�ataegus spp. (Salt spray sensitive) (native) Hickory, Butternut Juglans cine�ea (Moderate salt tolerance) (native) Honeylocust Gleditsia t�iacanthos ine�mis (native) Horsechestnut Aesculus hippocastanujn (Warning: ALB host) (native) Juniper Junipe�us spp. (native) Katsura Ce�cidiphyllujn japonicum (�Varning: rare ALB host) Kentucky Coffeetree Gymnocladus dioicus (native) Larch, American La�ix la�icina (native) Lilac, Japanese Tree Sy�inga �eticulata (Non native) London Planetree Platanus x ace�ifolia (�Varning: rare ALB host) Magnolia, Sweetbay Magnolia vi�giniana (native) Oak,Northern Red Que�cus �ub�a (native) Osage Orange Maclu�a pomife�a (Moderate salt tolerance) (native) Pine,Pitch Pinus �igida (native) Pine,Austrian Pinus nig�a (Non native) 16 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CONTINUED) 4. Trees Known To Have Some Salt-Tolerance, continued Spruce, �Vhite Picea glauca (native) Spruce, Colorado Blue Picea pungens (native) Sweetgum Liquidamba�sty�aciflua (native) Sycamore, American Platanus occidentalis (Warning: rare ALB host) (native) Tupelo Nyssa sylvatica (native) 5. Lar e Shade Trees Large shade trees for 4x mitigation credit have a mature height of at least 40' and spread of at least 30'. No columnar cultivars qualify unless they meet those criteria. Trees not native to New England were included only if they offered characteristics that may be hard to find in native trees available in 3" caliper size. No western trees are included. Common Name Scientific Name Acceptable cultivars Attributes Bald Cypress Taxodium distichum (native to `Monarch of Illinois' Pyramidal deciduous conifer southeast/mid-Atlantic) 50-70'h x 20-30'w, suitable street tree Basswood Tilia ame�icana (NE native) 60-80'h x 30-55'w, salt-sensitive Birch, River Betula nig�a (NE native) 40-70'h x 40-60'w, exfoliating bark, suitable street tree Birch, Black or Betula lenta (NE native) 40-55'h x 30-45'w, fall color Sweet Black�Valnut Juglans nig�a (NE native) 50-75'h x 50-75'w, oval to rounded crown on tall trunk at maturity Butternut Juglans cinne�a (NE native) 40-60'h x 30-50'w Catalpa,Northern Catalpa speciosa (NE native) 40-60'h x 20-40'w,pannicles of bell- shaped flowers Cherry, Black P�unus se�otina (NE native) 60-90'h x 35-50'w, small white flowers and black fruits Elm, American Ulmus ame�icana (NE native) DED-resistant: 60-80'h x 50-70'w, vase shape, `Princeton' suitable street tree. U structure `Jefferson' branching (Jefferson)preferable to V `New Harmony' structure (Princeton), `Valle For e' Hackberry Celtis occidentalis (southe�n NE 40-60'h x 40-60'w, cylindrical at native) maturity, suitable street tree tolerates urban environments Hemlock, Canadian Tsuga canadensis (NE native Not used as hedge 60-80'h x 25-40'w, fine-textured or Eastern needled evergreen. Placement on cool, damp N slope critical for tree's health and survival. May require treatment for wool adel id. Hickory, shagbark Ca�ya ovata (NE native) 50-100'h x 20-40'w, few pests or diseases, fruit can be litter roblem Honeylocust Gleditsia t�iacanthos ine�mis Shademaster, Skyline, 50-60'h x 25-35'w, casts open light midwest native Halka shade, suitable street tree 17 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CONTINUED) 5. Lar e Shade Trees, continued Kentucky Gymnocladus dioicus (Midwest Male cultivars only 60-75'h x 30-50'w, tolerant of tough Coffeetree native) conditions and unattractive for much of year,best used as street tree, not s ecimen tree Magnolia, Magnolia acuminata (NE native) 50-80'h x 50-80'w, flowering Cucumber Maple, Red Ace��ub�um (NE native) 40-70'h x 20-40'w, fall color, suitable street tree Maple, Sugar Ace�saccha�ujn (NE native) `Fall Fiesta' 75'h x 30-50'w, needs lots of ground `Commemoration' space and water for health and `Flash Fire' survival,not suitable as street tree `Green Mountain' Oak, Black Que�cus velutina (NE native) 50-60'h x 50-60'w, not suitable as street tree Oak, Bur Que�cus jnac�oca�pa (native to 70-80'h x 70-80'w, excellent park cent�al plains) and large area specimen tree, suitable street tree Oak, Chestnut Que�cus jnontana (NE native) 60-70'h x 60-70'w Oak, Pin Que�cus palust�is (NE native) 75'h x 40'w, downward branching makes unsuitable next to street, good as setback tree Oak, Red Que�cus �ub�a (NE native) 75'h x 30-45'w, suitable street tree Oak, Scarlet Que�cus coccinia (NE native) 75'h x 40-50'w, late scarlet or russet fall color, not suitable street tree Oak, Swamp Que�cus bicolo�(NE native) 50-60'h x 50-60'w, drought resistant, �Vhite easier to transplant than white oak, ellow fall color Oak, �Vhite Que�cus alba (NE native) 50-80'h x 50-80'w, good park/meadow tree, slow growing, not suitable street tree Pine, Eastern Pinus st�obus (NE native) Many 50-80'h x 20-40'w, needs sun, easy �Vhite to transplant,branches break in high wind, not suitable street tree Sassafrass Sassaf�as albidum (NE native) 30-60'h x 25-40'w, 3 forms of leaves, hard to transplant, forms colonies, not suitable street tree Sweetgum Liquidamba�sty�aciflua (native 60-75'h x 40-50'w, beautiful variable to southe�n NE) fall color, messy fruit, suitable street tree if roots have enou h room B. 18 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES (CONTINUED) 5. Lar e Shade Trees, continued Sycamore, Platanus occidentalis (NE 75-100'h x 75-100'w,massive trunk American native) with flaking bark, open crown, good street tree Tuliptree Li�iodend�on tulipife�a (NE 70-90'h x 35-50'w, fast-growing tall native) tree with tulip-shaped leaves and greenish-yellow flowers, some cultivars suitable as street trees Tupelo Nyssa sylvatica (NE native) `Wildfire' Glossy green leaves with bright fall `Green Gable' color,bluish black fruit, suitable street tree Yellowwood Clad�astis kentukea (native to 30-50'h x 40-55'w Broad, rounded southeast) crown with panicles of white, fragrant flowers, not suitable as street tree due to low branching; good setback tree 6. Best Small Street Trees Under Wires (Small Hei�ht And�Vidth, Drou�ht And Salt Tolerant� (Less than 30'h,upright or vase shaped at maturity, Drought and Salt Tolerant) Common Scientific Name Acceptable Attributes Suitable for Name cultivars curb strip planting Alleghany Amelanchie�laevis (NE 15-30'h x 8-18'w, early showy Only single Serviceberry native) white flowers, fall color stem Amur Maackia ajnu�ensis 20-30'h x 20-35'w, fragrant white No Maackia (non-native) midsummer flowers Canada Red P�unus vi�giniana Canada Red', 20-25'h x 15-20'w,green spring Only single stem Chokecherry 'Canada Red'(NE native)'Shubert' leaves turn purple in summer,white flowers and small redish- u le fruits Crabapple Malus spp. Columnar types Showy flowers, fruit No such as `Adirondack' `Sentinel' `S trawb err P arfait' European So�bus aucupani (non- 25-30'h x 15-25'w, showy flowers Only single Mountain Ash native) and fruit, EAB resistant stem Flowering P�unus sa�gentii (non- `Accolade' 15-25'h x 15-25'w, showy flowers, No Cherry native) `Amanagawa' fruit, short-lived or P�unus se��ulata `Royal Burgundy' (non-native) and others Hawthorn C�ataegus vi�idis o� `�Vinter King', 25'h x 25'w,mainly thornless,red No phaenopy�um (native to 'Princeton Sentry', fruit persist in winter southeast) 'Fastigiata'or other upright thornless varieties Japanese Sty�ax japonicus (non- 20-30'h x 15-25'w, showy bloom No Snowbell native) Sweetbay Magnolia vi�giniana (NE 10-20'h x 8-15'w, fragrant white late No Magnolia native) spring flowers and small red summer fruit 19 Lexington Tree Management Manual B.LISTS OF RECOMMENDED TREES (CONTINUED) 7. Trees Sensitive To Salt(Do Not Plant Near Streets� Common Name Scientific Name Basswood Tilia ame�icana (native) Dawn Redwood Metasequoia glyptost�oboides Dogwood, Flowering Co�nus flo�ida (native) Dogwood, Pagoda Co�nus alte�nifolia (native) Fir Abies spp. (native) Fringetree Chionanthus vi�ginicus (native) Hophornbeam, American Ost�ya vi�giniana (native) Hornbeam, European Ca�pinus betulus (native) Ironwood Ca�pinus ca�oliniana (native) Junipers Junipe�us spp (native) Linden, Littleleaf Tilia co�data Maple, Red Ace��ub�um (Warning: rp ime ALB host) (native) Maple, Sugar Ace�saccha�ujn (�Varning: ALB host) (native) Oak, Pin Que�cus palust�is (native) Redbud Ce�cis canadensis (native) Pine Pinus spp., except Pitch Pine and Aust�ian Pine Serviceberry spp Amelanchie�spp. (native) Tuliptree Li�iodend�on tulipife�a (native) 8. Best Large Street Trees Not Under�Vires (Canopy Trees,Not Low-Branched, Salt, Drought Tolerant) Common Name Scientific Name Bald Cypress Taxodium distichum (native) Gingko Gingko biloba (non-native) (Salt spray sensitive) Hackberry Celtis occidentalis (Salt spray sensitive) Hickories Ca�ya spp. (native) Honeylocust(thornless) Gleditsia t�iacanthos ine�mis (native) Kentucky Coffeetree Gymnocladus dioicus (native) Oaks Que�cus spp (all except Pin Oak which is very salt sensitive) (native) Sweetgum Liquidamba�sty�aciflua (native) Tupelo Nyssa sylvatica (native) 20 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES, continued 9. Small Trees/Lar�e Shrubs Suitable For Setback Planting (Height 10' To 20', Ornamental,Hardy) Common Name Scientific Name Bottlebrush Buckeye Aesculus pa�viflo�a (Warning: ALB host) (native) Chokeberry P�unus vi�giniana (native) Cinnamon Bark Clethra Cleth�a acuminata Dogwood, Cornelian Cherry Co�nus mas (non-native) Dogwood, Pagoda Co�nus alte�nifolia (native) Fringetree Chionanthus vi�ginicus (Warning: EAB host)N Hawthorn spp. C�ataegus spp. (Salt spray sensitive)N Magnolia, Star Magnolia stellata (non-native) Magnolia, Sweetbay Magnolia vi�giniana (native) Magnolia, Umbrella Magnolia t�ipetala Magnolia, Yellow Cucumber Magnolia acuminata va�. subco�data Redbud Ce�cis canadensis (native) Serviceberry Amelanchie�spp (native) Silverbell Halesia tet�apte�a (to 30'-40') (native) Smoketrees Cotinus obovatus (native) and Cotinus coggyg�ia (non-native) Sourwood Oxydend�um a�bo�eum (native) Viburnum, Cranberry Vibu�num t�ilobum �Vitch Hazel Hamamelis spp. (native) Note: References used in creating these lists were primarily works by Drs. Michael Dirr&Nina Bassuk. GG ' . . . o romo e e an in . an ro ec lon o rees rou ou e ov�n . . . �� TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES, §120-2 Intent and purpose.Adopted by the Annual ToWn Meeting of the Town of Lexington 4-11-2001 by Art. 34. 21 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES, continued 10. Invasive Trees exempt from BylaW,planting not allowed for miti a._� tion Common Name Scientific Name Amur Cork-tree Phellodendron arnu�ense Autumn Olive Elaea nus urnbellata Calle Bradford Pear** P rus Calle ana** Catclaw Mimosa Mirnosa i �a Euro ean Buckthorn Rharnnus catha�tica Gloss Buckthorn F�an ula alnus, Rharnnus �an ula Gra �Villow, Rust �VilloW Salix cine�ea Ja anese Black Pine* Pinus thunbe� ii Lar e Gra WilloW Salix at�ocine�ea, Salix cine�ea ss . olei olia Melaleuca Melaleuca uin uene�via S camore ma le Ace� seudo latanus Tree-of-Heaven Ailanthus altissirna * Listed in 2017. As of 12/31/22,nursery agents/groWers may no longer receive of begin propagation. Existing stock received or propagated before this date may be sold until 12/31/2025. This tree will not be accepted as mitigation planting. **Listing on the MA Prohibited Plants List is expected by the end of June 2024, after a 2022 recommendation by Mass. Invasive Plants Advisory Group. Even if commercially available after this date,this tree Will not be accepted as mitigation planting. Why We have excluded from exemption two trees that are on the MA Prohibited Plant List: Acer platanoides (Norway maple) Widely planted as a replacement for American Elm in the early 20th century,Norway maple represents such a large percentage of Lexington's tree canopy that We cannot encourage its wide-scale removal at this time. Exemption from the mitigation requirement of the bylaW does not accurately reflect the value of mature Norway maples. Many municipalities advise that small specimens be removed, and mature ones alloWed to live until they decline, at which point they should be replaced With native canopy species. Robinia pseudoacacia(Black locust) While the species is native to central portions of Eastern North America, it is not indigenous to Massachusetts. It has been planted throughout the state since the 1700's and is noW Widely naturalized. It behaves as an invasive species in areas with sandy soils. Black locust seeds do not disperse as widely as do Norway maples, and the trees support many forms of Wildlife. The tree's presence in pockets in Lexington provides much-needed shade. As with Norway maples,removal of seedlings and gradual replacement of declining mature trees is a practical approach that retains tree canopy. 22 Lexington Tree Management Manual GG ' . . . o romo e e an in . an ro ec lon o rees rou ou e ov�n . . . �� TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES, §120-2 Intent and purpose.Adopted by the Annual ToWn Meeting of the Town of Lexington 4-11-2001 by Art. 34. C. PUBLIC TREE SITE SELECTION 1. Street Ri�ht-of-Way Plant trees along the street right-of-way between four and 20 feet from the edge of the road pavement. The intent of this policy is to provide flexibility in allowing planting locations to be selected on a street-by-street basis,particularly where there is a scenic or historic situation. (See PRIORITIES FOR TREE PLANTING LOCATIONS, Section E,below.) 2. Setback Plantin� Encourage front yard setback tree plantings on private property. Trees must be visible from the street and no further back than 20 feet from the right-of-way line, which varies with each property. (See Figure 4,Page 26.) 3. Maximum Shade and Canopy Place trees where they will make the greatest contribution to provide shade and improve street appearance. 4. Parkin_ Lots Provide maximum canopy coverage over parking lots. Group trees in a park setting or parking lot to provide a larger space for unrestricted root growth.When possible plant sidewalk street trees in a"tree-way"to achieve maximum root growth. (See Figure 5,Page 28.) D. PUBLIC TREE PLANTING 1. The Public�Vorks Department and the Tree�Varden The Public Works Department consults with the Tree �Varden about proj ects in the coming year which will require the planting of new trees, as recommended by the Planning Department and other Town Committees. 2. The Tree �Varden and the Tree Committee The Tree Warden confers with the Tree Committee then decides the number and species of trees for projects when they go out to bid. He or she considers current environmental changes tending to favor certain species over others, such as those affected by Asian Longhorned Beetle,Emerald Ash Borer,Spotted lanternfly or other insect and fungal catastrophes. 3. Lexington Tree InventorY Current data on public shade trees is found at https://lexin�tonma.�ov/879/Lexington-Tree-InventorY 23 Lexington Tree Management Manual E. PRIORITIES FOR TREE PLANTING LOCATIONS The Lexington Tree Committee sets the following priorities based on the recommendations of the Tree Warden. The Tree Committee prioritized the following public areas most in need of trees, in order of priority: 1. Streets or Public Spaces Streets or public spaces where there has been significant tree loss. 2. New Development Projects Sites where development or town projects require more plantings. 3. Prominent Public Places Prominent public places in need of new trees. 4. Setback Areas Sites requested by Lexington citizens, approved by the Tree �Varden and Tree Committee as front yard setback areas on a first come, first served basis. 5. Tree Removal Locations Sites put on a priority list for replacement. 6. Failed New Plantings Areas where new plantings have not survived. 7. In Front of a Residence or Business If a public tree is lost in this location, the Tree Warden will discuss replacement with the owner, who may be advised to consider a setback planting. 8. Requests for New Trees These requests shall be addressed when first and second priority plantings have been completed, new trees are still available, and designated funding for non- replacement trees is available. F. SETBACK PLANTING ON PRIVATE PROPERTY 1. Definition Trees planted trees in front yards on private property, beyond the town owned land, visible from the street and no further back than 20 feet from the right-of-way line. It avoids root constriction and damage from road chemicals and street traffic. It minimizes sidewalk problems due to a root growth. It reduces maintenance and replacement tree costs. 2. Contact Homeowners may email the Tree Warden at Cfiladoro(a�,lexin tonma.gov to request a setback tree be planted in front of their house. The Tree Warden, with advice of the Committee and the owner's consent,may select a setback site in the front yard,past the street right-of-way. 3. �reement An agreement will be required.It will be prepared by the Department of Public Works. It is to be signed by both parties and shall consist of the following: a. The Town will provide and plant the agreed-upon tree or trees. b. The trees will be planted in the setback area only. (See Figure 4, Page 26.) c. The Town will guarantee the tree(s) for a period of one year. d. The private property owner will be responsible for the watering and care of the tree(s) from the moment of planting. e. After the one-year warranty period, the tree will become the sole responsibility of the property owner. It will no longer be considered a Town owned tree. G. SPACING OF STREET TREES 1. Spacin� The ultimate size of the tree determines the spacing between street trees. The Tree �Varden may modify standard spacing for safety reasons,if space is limited or to achieve a certain design effect. 24 Lexington Tree Management Manual 2. Next to Buildings Avoid planting within 15 feet of a building, driveway, alley, fire hydrant, or other permanent structure. An exception can be made for design effect, such as using the espalier method against a building wall,or when columnar trees are used. 3. Sidewalk Plantin Tree plantings in a paved sidewalk that have less than 35 square feet of cutout area are unlikely to thrive unless CU-Structural SoilO is used. If CU-Structural SoilO is used, refer to current best practices for that material.If there is more than one tree to be planted,consider excavating all the area between the two trees. (See Figure 5, Page 28.) 4. The table below recommends minimum distances from tree center to other structures. Less than ideal distances will be evaluated on a site-by-site basis. At least 3' x 6' or 16 square feet Tree pit size with minimum width of 3' Distance from curb edge,where street has curb 30" Distance from adjacent trees 15'-40',varies with species Distance from street intersections 20' Distance from driveways, fire hydrants,underground 5, utillty lines,utlllty poles, gas or water valve Distance from street lights 10',varies with species Height of mature trees under utility lines 30' maximum Distance from stop sign 20' Distance from traffic signs Depends on sightline requirements Suggested distance from parking meters 3' Distance to opposite obstructions 5' Passage for ADA considerations 3' wide sidewalk Passage for sidewalk plows 5' wide sidewalk 25 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ure 4 � LE�� I�I�T�� C� �� IT�T�E�E� �`L��,ITI�I� � �� ..� � �.� �. .� � �� ` ,��`�� ` �� f�f� � F � �,�f�ff ��fF� , ,� � , � f,� � � �d�� , , � M . �� ,A� �°a� �� w ��` ,.a�� F� wf°� � ,fF� � ,�ff , � � � � � � � �� . �� f�� f . �� , �� F F A,A� .�� , � � � � w,�� '��W��p^ � ^� /,f 0 i( M � �M ' M F� � I, �, ,, � � �.,....� F�"' � � � Y� ,�� ,°� �' -�ra � M M .�ra V °,� °,,� I � o ��` � �"� . � , . . o � �`� �,� � ,�F , � � � ,F�° ,,F� ��tk�a�'I�,t�-�� M � � � �x�... ��'Y � A� � �°w ........ ... ..... .....� � -�`,��°�—,�� °' �,�°-—��- °'�� - — �.��_'�_ `� �� _°� ��'"�� d'� ...... �-- — , � —�—�"--�— -�:, ,°� —�f--� ,,.�- �-; -� —� �... ... .... ...... �i ,� �, ; � .�° , *� , , �'"—,� � . :� ,� �� ,� ��y �� ,, ,, � , �` ' �' � � � � ° ,�:��' ��b��k�"��,�� ,, r ,� , �� , � ,, � , , ,. � �� r �' �, °'� �'ll��i�u�irr� �+��"��i�� IF�i,�ll��"'"��Liim�� ,,��' � °��,f µk�,," l�i �r��'�'� � ,. ,� Mrr � �d � � �{ µ � Y ....,,.,.. �„�.�.. .,.,�„++�,"�, �,^^d��"�'"' �,�'"Ms�`,�� w+�..+�w^.�,^..,�.-.�w.��,�,„ �.,,,�t�.,�,..�*""'T .dw" ",,!�"�,^�m/,,�►�.,�.,..,� ,,�wa:.��...� �r.�...„�,.r'`� �,..,,.�.ry�w" '� ��.''��+ „'«�r.,.m�r �.,,., .. .,.,„ ,.,.,. �� , �� .ILi r-�� ° � � � ,,� ,� � � � � +' '�,"�' �, ,, �,�"`� �,�° ��r �°,�r^" �dr""��'' �,� :��"� ��d`� u'��^'�� a°"� r'��„� ,��'� ��,�.�.... � . ��r"�� '��" .+ ,�� r"�'� ,�� '��''�� .��,.,��,�" �+ �� .�� .� � � ' ��I�� . e � �r r ��, ° ,� � ��,d � � r� �^ ��, .�d �, �, �,d ...................... ........�..,�� .�u. ..�t..�:..�. ...��.�'..,�,..�.,. ..�...�.� ....��.a.�..N... .,mr. ,.�.�..F.�.,� ..��..a.m...�°.....,,ti�..�,..�'...... ��.�.o..�'.� ...�..�..m.....�r....�.. .. ,.�..�......�..,.... ! � ��,��+��i��p��rr��rw� ��1�"�: q��_ _�� u ,� ,��°V N� F�Ff,�� P"�.Ir��"IE�RE� �� ,,, �:,��,___�_.� ,�� °�� "�� r''' , �y � ��I�I�..I��f"`�� ' W nR ��`�,� �i,��c��"`�I�+�'�'�"'� �"h� IT��rr�c��L��ir��tc�r�,�ar��d��1�11��a��l��a��t��r��l La�°a�r�,+��p��,��ti�r� ��,I��`r�� p��'�a��rr��I�r��"��rr�� i�han�°�y�'°�"��~� ��Ir��r��,�e�r�r��r�d �I��tiri� �ir��r��s�.r��r��,��n�l��►r��Il��ir��. Tir��s�r� ��'"��r��1��r��. E��sti�~��ir��`cav�n h��c��r� I��"�I"��t,��+�c��,��w�'��t�i�l�. ��t��r� ��a�r��rr��°w��.��t c�r��°a�i�l�� t. 2� Lexington Tree Management Manual GG • • 1 s av� 1 s enac e or e . . u ose o reservin an ro ec in . o u 1 c s a e re e s ursuan o . enera av� a er an cer aln . . rees on or lons o rlva e ro er . . . �� Adopted by the Annual ToWn Meeting of the ToWn of Lexington 4-11-2001 by Art. 34. TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES § 120- 2 Intent and purpose VI. PLANTING GUIDELINES Beginning in the 1990's, researchers began updating tree-planting practices for nursery professionals. Their research showed that planting a tree too deep in the soil was a major cause of tree death. It demonstrated that the size and shape of the planting hole needed to be wide and shallow. The recommended "backfill" mixture changed to returning the excavated soil around the planted tree so that the roots could extend into the surrounding soil. Street tree plantings, due to their heavy compaction,may need amendment with compost in proportion from 10%to one third. Gary W. Watson and E. B. Himlock developed these planting guidelines,which were published in The Practical Science of Plantin� Trees by the International Society of Arborists (ISA) in 1997 and updated in 2013. The guidelines are current nursery standard for Arnold Arboretum and University of Massachusetts Cooperative Extension Service. https://a�.umass.edu/landscape/fact-sheets/�uidelines-for-plantin�-trees-shrubs [online: cited 21 August 2017]. A. SITE PREPARATION 1. Site Preparation (See Figure 6, Page 29 and Figure 7, Page 31), for information on planting guidelines and site preparation. 2. Di._�Safe Before excavating tree sites,call Dig Safe. Toll-free telephone number for MA,ME,NH, RI, VT: 811 or 1-888-344-7233 (as of 2019). 3. Soil Testin� Particularly disturbed or poor soil may need to be tested before planting. This can be done at the University of Massachusetts at Amherst https://a�.umass.edu/services/soil-plant- nutrient-testin�-laboratorY[online: cited 27 September 2017]. 27 Lexington Tree Management Manual Fi ure 5 g � � � � N�N�� ,o��o�,� yN�N� � , �,�o� ' �N��... % a ��a� �J ° 'i f fqry�y J 1 yl�'suJ.� f��D�irl�f�l V/If�'»Yril �rykM'i ➢l1�Yl�k f,»�I v�ry�)�y'-rv�YUJ.IYy JJ�y,w;;Y��l/rry�u.ni � �� ar��ar.. Na�m�ar�6�rrtwRrrt raart��Fwww�w ..�, rtRrrtRrrt�(9Y�iwrraw Rr�rtr'�i�r,�a�mar �. �w�w��r�rtrrfaf % �.�;�� y awuo w... w�w��+�r� ..owr�wn � �w i i ; i ra�rn � �oioioM UNi�o ruMMoi wrtoior�� ` ioioN ioru�rM JraUmr moioru �t�hriyj �i�m�,,,,»1»��;wnm�wo,i,i�mvry� rr�i�Nn�q��rr»r�y�,,,�vrrv��rvr�,ri��u�N�rr,r��,yi�r�,»�j tr»�wr��„�7x�,�n�✓r,d / i i i �� i % �„ . ... IwJwrw�mu�wi� wwvi�G�r�ww�i ' �i�iJ4f�iu,�u,�iw�'u�s�w�Ni�wilw"u�vi�,,,, „io,,,,i��ir' �� o.r.. 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PLANTING DIRECTIONS FOR BALLED AND BURLAPPED TREES 1. Diameter of Hole Dig a hole 3x as wide as the diameter of the root ball. Slope sides of planting hole. Leave the bottom of the hole firm. (See Figure 6,Page 29.) 2. Placing Tree in Hole Lift tree into hole by root ball, not trunk. Check to see that the root flare is 1 to 2" inches above existing grade when measured from the point of the root flare to the existing grade. When the tree is settled the root flare junction should be 1-2" above the existing grade. Make any adjustments by tipping the tree on its side and adding or removing soil around the base of the root ball. 3. Root Wrappings Remove all plastic wrappings. Cut the top third of the wire basket back to below grade. Cut and remove strings and natural burlap from top half of root ball. Remove as much wire as possible but not more than what keeps soil around roots. 4. Container Trees If plant is container-grown, remove or cut off container. Inspect root ball for girdling roots. (See Figure 3, Page 10.) Container plants have a tendency to become root-bound. If roots are matted use a knife or a small hand rake to open up circling root ends and loosen soil. Plant no deeper than it was in container. For site preparation, see (Figure 6,Page 29). 5. Backfillin� Refill with soil removed from hole. Amend the soil only when planting in building rubble, poor or severely disturbed soils. Aged compost or quality topsoil may be used to supplement the existing soil. Mix a small amount of dry hydrogel with backfill. To avoid air pockets, water the soil halfway through the backfill process. After the water drains away, finish backfilling and water again thoroughly,using a shovel handle to take out air pockets. 6. Saucer Build a three-inch high saucer of soil around the outer edge of the hole. This retains water and allows it to soak the roots. 7. Mulch Spread a 2" layer of seasoned organic mulch that is free of invasive seeds and insects in a band three times the diameter of the root ball. Leave a 3-inch wide radius of bare soil around the trunk. Deeper layers of mulch are harmful to the tree. (See Figure S,Page 33.) 8. Stakin Staking is usually required for all trees. The trunk should be tied to the stake with soft material, not wire. Guys should be placed at 2/3rds the height of the tree. Remove guys after one growing season unless the tree is very large or on a windy site. If the tree is at risk of being hit by a car door, install several protective stakes. 9. �Vater Water is the critical factor for tree survival.Fill the saucer twice weekly for a month after planting.Water weekly after that for at least one growing season.Use 5 gallons a week per inch of tree diameter. Tree irrigation bags or may be used during the growing season.Remove bags before frost. Water regularly for several years. Do not keep soil continuously saturated. 30 Lexington Tree Management Manual Fi ure 7 g �'11'�� I'�� i��i�� "�� °�� I��`��+� � �� "�� C��III��I��""�� I� ��'N��I �� I�� , �� "� I�� "��I��r�, ��ii�,��N�1� � � .�. ��`"�� . �" � ,. � , ��'�� ,�.,, µ��µ " �" .w . . , �� .� � � � � � � M � ,,,� �� .� � . • •"��.�"�� , � �� ". '�:� � ,� ��a=�� , �� .�.., � � � �. � �� . �. �.,.�,.� �.�. �..�.. .�. ...�.�. .� . � �� "' � �.�.�. .�.�. .�..... ,�.�.� ,,...�. � ��,�;�� , � �� ` � �. � � � � �...� � .� �, .�. � ��"'� �` � ��-�1�� '�� '��=��.��= � �.FM4 !W ww:ww...._. k wwww�,,.._ M ww.w.µ. �b '^�k�. � � �n � rnXM'M�'w' � �r ^� �n '� M�wd,..0 M w.w�w.ww.. W iw.�N��a��.,._ .�' � '�'�Mu *� �MFW '�'�wY '^'� � '�*�4b 'rrr^Me4 TM'�.' "^� � '�M� '�Mb' "�w '^�'w. fMW '�°�.4� ��-��-�� -��-��.��.��-�� I�� I ��-�� ,� �� ° �� . ` � � � �, �,�i.�.,�� ,�,,.,,,r,i�„� � �. w� � �+.�+.w.r.� �, � �.r .�.w � .�::.�r, � � ,,� n+r�r�- ,,,;li,, r ,, ry �i��'"^��"°w'+n��'+�.w."x.��i�I��'""�.wm�y��.��i��'"��N�'��'""�""as"w�,. ��°��w� �I��i��h��l��I��II��v�� id��+� �w� �� a��a�� w �f�� Ml�r��°�ill ��i�ui��w�� ►��i� I��. 31 Lexington Tree Management Manual C. PLANTING DIRECTIONS FOR BARE ROOT TREES 1. Diameter of the Hole When planting a bare root tree the hole should be 3 times wider in all directions than the root spread of the tree. Create loose soil horizontally for the spreading roots. Make the hole in a"bowl" shape, (See Figure 7,Page 31). Place the root system directly on undisturbed soil. 2. Root Wrappings Unpack the tree as soon as it is received from the supplier.If the tree roots come covered in hydrogel slurry, keep them covered as they are untangled. If the roots do not have hydrogel remove the packing materials,untangle them and soak the roots in water for 3 to 4 hours. 3. Placing Tree in Hole Remove the tree from the plastic bag if it is covered with hydrogel, or from the bucket in which it has been soaking. Stand it upright in the middle of the hole. Spread the roots 3 60 degrees throughout the `bowl' of the planting hole. Lower the tree so that the top of the root flare is visible at soil level,(See Figure 7,Page 31.)Place a shovel across the hole to measure where the shovel meets the root flare. Change the planting depth as needed. It is better to plant too high than too deep. 4. Backfillin� Make sure the tree is plumb, then backfill with the soil that has been removed. Do not add soil amendments such as peat, bark, fertilizer, potting soil, or chemicals. When half of the backfill is replaced, water the hole to help collapse air pockets. Use the wooden end of the shovel to gently poke out air pockets. Complete backfilling. Gently firm all soil. Check to make sure that tree root flare is above ground. 5. Saucer Build a water-holding 3"berm with soil around the edge of the hole. 6. Mulch Spread mulch 2"deep of partially rotted wood chips or shredded bark around the entire root area. Keep mulch away from the stem of the tree. This will keep the soil damp and cool. (See Figure 8, Page 33.) 7. Stakin Tree staking is not necessary in most cases. The exceptions are in windy sites and in high traffic sites as a deterrent to vandalism. If stakes and guy wires are used they need to be removed after 1-2 two years and before they girdle the tree trunk. 8. �Vater Trees need to be watered regularly for the first year or two after planting. �Vatering may be done by these methods. A tree irrigation bag; attach bag to tree,making sure the tape has been removed from all trickle holes. Fill bag at least once a week during dry spells. A soaker hose; once a week(4 to 6 gallons) fill around base of tree or more often if in drought. A regular hose; soak the tree (4 to 6 gallons) once a week at the base and more frequently if in a drought. 32 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ure S � � ' �, I�� ,� '� � , �� I�I� ��° ��il ;��;�� f��n ��~�i r�a�c *'�a,�"�NY W� w m��;,,��p�rw«�� y�'N.w"��rr..M"�i"�,,,.�'�"y��}w�4r:� . ry. 1 1� �� l"��1��I��w �a u� ��i I ,��I��r�c�� .r� �� I�� ~ r��. .. °��I� �� r��r�� " ��.�� , i��dlin� �r�� r u r�� i��tuc�r� �.. ..;,,,� . . . ��.� ry-s . . � , ,��.��, . � . �., . ��, ,�.�,.�, �u�`*"�~�� . � . a� ..• ��, , � . ,� • , r�.,�� .�. �, � � 33 Lexington Tree Management Manual VII. MAINTENANCE SPECIFICATIONS FOR PRUNING A. GENERAL REQUIREMENTS FOR PROPERTY O�VNERS /PRIVATE CONTRACTORS 1. Emer�enc_y Procedures If the tree is on public property,call the Tree�Varden to request pruning. If the tree is on private property and there is an immediate danger to persons or property, cut back trees only to the extent that their health will not be impaired. Consider retaining a tree professional to evaluate the problem and perform the work. 2. Tree Pruning Crimes Do not top or stub trees.These practices impair the health and beauty of the tree. (See Figure 9,Page 35) 3. �Vhere to Cut Branches Make cuts just outside the branch collar. (See Figure 10, Page 36.) Make all final tree-pruning cuts to favor the earliest healing of the wound by natural callous growth. Do not make deep cuts flush with the trunk. These will produce large wounds and weaken the tree. 4. Sharp Tools Keep all cutting tools including saws sharpened well so that final cuts will be smooth. This preserves adjacent bark from being torn apart. 5. Disinfection Properly disinfect all tools used on a diseased tree immediately after completing work on the tree. Rubbing alcohol works as a disinfectant. 6. Avoid Bark Wounds �Vhen pruning branches hold the branch securely in one hand while cutting. First undercut,then cut off the branch one to two feet beyond the intended final cut. This prevents tearing back the bark and wood when making the final cut. (See Figure 10, Page 36 and Figure 11, Page 37.) When repairing bark wounds,remove only damaged or loose bark,not live tissue. 7. Avoid Root Wounds �Vhen cutting tree roots, use sharp clean tools to prevent entry of organisms that can cause decay. 8. Trunk Wound Dressin� Avoid trunk wound dressing, as it prevents the tree from healing the wound naturally,unless it is prescribed for a specific disease. 9. Spikes For high pruning use a pole pruner, an orchard ladder or a bucket truck. Never use climbing spurs or spiked shoes while pruning. 10. Anchors When winching a tree out of the ground use anchors other than other trees or utility poles. Manage without using trees to support utility wires or poles. 11. Safe �Vork Area Promptly clean up branches, logs and debris resulting from tree pruning or tree removal. Keep the work area safe at all times. 12. Uncompleted Work When pruning, never leave partially cut branches in trees. When removing a tree, never cut tree roots. This leaves a tree standing with little or no support. 13. Lower with Ropes �Vhenever large tree sections are being cut in the treetop, secure each section by ropes and lower it safely in a controlled manner. 14. Site Coordinator Assign a tree worker on the ground to direct pruning or removing large trees. 34 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ur� 9 � T RE E PRLJ N I N� �RI M ES N�To in PP � ��j�,,o'', , , /��' . , � , � , , �9�� ,� � �t�S��ira�yu�000iwowm��mWu ius�mU f i' °m➢ � ��F �r� '�a�� .. �NuuiN�4��u��UJ��iti�i9pq f / /+,d�:,/ l ./ .. d. „ �. , , �� . . . , . . „ „ u � , ,�. . , ... r . / f i n � a, i I �„ . . , . f , . . .. .. . . , . . �2...�imU�mm. f . . . . . , . n. j� .. . . a�umioim�m�i�u�N�a�w��o�iWuo �,�m�l�Jm�vu�roi��N��I1��' ,,1 S� l� �� l�� I I S�os�a��u�Y�l �1�llui��iAsvrouuW�'@��'a:�� Nk�rOpp��P'Iul�� mn 6�t� �ufmmu,�mm��ti � $ �% �� .�� °�„ M"'"�yp�'�`��"��!�ir�li��'°6�I��"'''��f � vasm� � ��,�/ �r f//;,v,�,,..... � ,� Jli;� � iD �,� Riu9 iml /� 1��' � +� r�� A„�" i r ��' �. �� ' I� �� ' puiiic��1I�r; r � �' l � �m �� f �ittam / ,,,�o ,�n%r��'�'nlm�muw^�muuA!ewd�a.A �ll /� �pN�4��q�� .��i�amoiiw��hB�am�uN� � ��iuy//%��.. . �} �� „ 4 �1��iran�wmu �f � ��9uw,Asss�iva��v � �F J� /�. 61��nd� � � � �r�'mm",�,,,, �� ) ��U� �N�i� 7 V/ � 3��'��.��rr��ry°� I��Gtt4�S�isiouii�. ��`� Ur.nnu�,edl�hYlMk�i�� 'r �� .. �� a,��/� �Nias�� . .... do �"h� '9 "0"u �i f �,r��' � ��}p��r��, ,ro�nfr ��;�mnmrm��. „nsi �p� ��ff . ��/ 1 ��mi" �,4 ..,,,.�- �� e ��ti� � �� o�� 1�� N� S �� ;n� �� a�' �� U ��6 � �� m r o�,. �_�� ° � � N� Stu�� „a, �� , � �� m��un,,,,�� ,�'� �tuut� � �� 4 R 11X '��im�l �� u� i � , � w,� r' r I� /� � ��i �!i�� rl�9 �m,.i�d j �,,;ii.,,,r�)y � �i�ni��. � �NM.. � ,P �VIO�i{m r r. „�. -..o, �.:a� � i',��r�uiioiia�mi�il»(°O/%�°� . �` � ��,z /� ��%v �,,,� �, , m/� �/� �„�u0 �d� ��r ��,,.,� q� �� , , �,, ;;,�„ �""�� rr�"""w�" � � � ^ �, w 35 Lexington Tree Management Manual Fi ure 10 g VVH ERE TO CUT BRANCH ES Brol<en Leader Lateral Branch „.��°,��"�� ,,* Imaginary Line �� "� �� '�" Branch Barl<Ridge �� Final Cut �` When cutting a brol<en leader bacl<to a lateral branch, bisect the angle between the branch barl< ridge and an imaginary line perpendicular to the brol<en leader. . .� .� � .� .� .� Branch Barl< Ridge � ` When removing a branch with a narrow crotch, cut from the bottom upward. 36 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al �� 1 �� ., � � � � �� , �I��u� '� �,�� I�ii�t�� u� �" ' ff��.�� ff��.�l� ii�,�� ,� � � � � , � �� ff��►.��ch� ��aIII��~ �. ��w �� .�� .:�I� i'"�^4�li� i ��""V��"'1��. �� u��i�9� ��' � � ��III�� °�iir�� . I�r�� .��r�,�� r��N� ��i r�� i iri�ii��.r��► ��.� ��"�� N�� "ii�r��l ��u�. �� I�r�� '�� u�r�. 37 Lexington Tree Management Manual B. ADDITIONAL REQUIREMENTS FOR PROFESSIONALS 1. The requirements listed below apply to utility linesmen, hi�hway departments, and the Town of Lexin�ton or its contractors and are in addition to VII MAINTENANCE SPECIFICATIONS FOR PRUNING. 2. Standards Perform all work in accordance with the latest publication of the American National Standards Institute. As of 2018, these ANSI-A300: Tree, Shrub & Other�Voody Plant Maintenance Standard Practices are available at https://www.tcia.org/TCIA/BUSINES S/ANSI_A300_Standards_/TCIA/BUSINESS/A300_Stand a rds/A300_Standards.aspx?hkey=202ff566-4364-4686-b7c1-2a365af5966 [cited 2 February 2018]. 3. Lar�e Branches Authority to prune street and public trees does not include the cutting back of healthy tree branches in excess of six inches in diameter unless specifically described and written into the permit by the Tree Warden. TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES, § 120-7 Public shade trees and Town trees.A. Scope. http://ecode360.com/10535335 [online: cited 9 March 2018]. 4. Utility line prunin� Regular utility line pruning clearance is done in accordance with accepted arboricultural standards,when approved by the Tree Warden. Nstar(Eversource)worked with the Lexington Tree�Varden to have trees near power lines in Lexington pruned to a standard following the damaging fall 2011 snowstorms. Subsequently, Eversource uses a template of 10 feet below x 10 feet to either side x 15 feet above for clearance around their power lines. Pruning permits are secured from the Tree Warden. 5. Stump Removal When removing public trees,cut the remaining stumps to six to eight inches below ground level unless the Tree Warden grants special exemption. 6. Excavation Finishes Excavations resulting from tree removal are filled promptly to normal ground level with clean earth, properly compacted and cleared of debris. The area is finely graded and planted with grass seed, otherwise directed by the Tree Warden. C. AUTHORIZED TYPES OF TREE PRUNING 1. Prunin� and Removal The two basic rules of good pruning are (1)to use clean sharp tools and(2) to stand back to inspect the overall form between pruning cuts. (See Figure 9, Page 35.) 2. Safety Pruning Near Public �Va� Safety pruning consists of actions necessary to correct one or more conditions within a tree that may be hazardous to persons or property. a. Clearing public ways requires pruning trees in such a manner as to prevent branch and foliage interference with safe public passage. Maintain clearance at a minimum of 14 feet above the paved surface of the street. b. Prune to remove dead, dying, or broken branches. 38 Lexington Tree Management Manual c. Cut back branches and foliage that are blocking the view of traffic control devices or signage, or are obstructing safe passage on a public sidewalk or street. VIII. TREE PROTECTION DURING CONSTRUCTION A. GENERAL GOAL OF SAVING TREES Mature trees that are saved during construction increase the value of the property, as well as the surrounding neighborhood and the larger community. Trees,particularly mature trees have aesthetic appeal, improve air quality,reduce noise and screen glare and heat. They also stabilize soil, aid natural flood control, create habitat for wildlife and provide privacy. For specific legal requirements, see the Tree Bylaw, (Appendix I,Page 68)https://www.ecode360.com/10535335 To achieve the goal of saving trees, do the following in your design development: 1. Retain a Re�istered Surve�The surveyor must show on the base plan all trees of six inch DBH or greater, and the setback area. (See Figure 1, Page 7.) 2. Retain a Certified Arborist The arborist will assess tree health,certify dead,hazardous or invasive trees for bylaw exemption, and prepare and execute a required Tre Protection plan to preserve trees in the setbacks or Town right-of-way. 3. Desi�n to Save Specimen Trees and Lar�e Shade Trees Identify specimen trees and large shade trees(See Chart Number 5.Large Shade Trees,Page 17.), especially those six inches or larger in diameter. Design the site plan to preserve these trees, using them as a distinctive focus or framing feature to enhance the plan and buildings. Take care to allow enough space around them to ensure their survival. (See Figure 12, Page 40.) 4. Transplant when Possible Specimen Trees and Lar�e Shade Trees in the Way of Construction. If they can be transplanted on site, incorporate them into the site design._ 5. Submit Plan to the Tree�Varden Once a plan is developed; submit it to the Lexington Tree�Varden for review. Discuss and come to an agreement as to which trees are to be preserved,transplanted, protected or removed. If existing trees in the setbacks or Town right-of-way are not to be removed, submit a Tree Protection Plan prepared by a certified arborist to the Tree Warden. Install fencing specified in the plan, complete any root pruning and other measures required by the plan, and have a certified arborist submit confirmation of tree protection plan completion to Tree �Varden prior to beginning any ground disturbing activities, including demolition or tree removal. 6. Remove Unsafe Trees Have a certified arborist identify trees that are terminally diseased, damaged beyond repair or in danger of falling. Remove them early in the development process to create a safer building site for construction workers. 39 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al �� I� � ��"�" �� "' ��'� � ' �,��'"��"�"�' �� c�l�� , �N�iv�� N�i w��u.�^ �;, �„ � ��, ,, ��iuu�� a�� !�i��ir�� .�� tl�� r��r�� I��y�f�,�� w��ii�� ;�� p��i�.11 �� u� ��.��t�� ,� �"�� i r��+�� u r��I�� :�� +��r�� i II II ��.r��I� �� rn�� ,IIII��„��q�a�� w��w�� "��. ��Il��urr��w��. Ilf��t�!��!�� ritl��i� t�� r�� r�� .��i��b��u�� I�u�� d �� ir�u��+� ��"�+��+��u�� r�� I� ��a� �rn��u�r�u�� d�,�r��,�� +��. 4� Lexington Tree Management Manual 7. Prune Only as Necessar�Prune the trees to be saved only as needed to remove broken branches, to enhance their natural form and to fit with the proposed buildings. Trees need as much foliage as possible to help them survive the stress of construction. Follow pruning procedures outlined on the Lexington Tree Management Manual, (See Figure 9, Page 35,Figure 10, Page 36, Figure 11,Page 37.) S. Desi�n for Foundations Substitute posts and pillars for footings and walls where proposed foundations conflict with tree roots. (See Figure 14,Page 45.) B. PROTECTION REQUIREMENTS FOR EXISTING TREES 1. Barrier Protection Protect all trees to be saved before demolition and land clearing begin. Install barriers at the critical root zone, the outer edge of the area under the leaf canopy, or in a circle with a radius of 1 foot per inch DBH. The fenced Tree Save Area may be modified to a location specified by a certified arborist in a Tree Protection Plan and agreed on during an on-site visit by the Tree�Varden and/or a Tree Committee representative. Construct barriers of stable metal posts inserted into the ground, spaced a maximum of eight (8) feet apart, and five (5) foot high chain link or welded wire fencing. This protection will prohibit heavy equipment from compacting soil, damaging roots,breaking branches and scarring the tree trunk. (See Figure 13,Pages 42-43.) 2. Si na_e Post signs reading "TREE SAVE AREA — PLEASE KEEP OUT" / "AREA DO AHORRO DE ARBOLES — ENTRADA PROHIBIDA POR FAVOR", in both English and Spanish on the fencing. 3. Wei�hts under Tree Park vehicles, equipment, or stockpile earth, fill and other materials ONLY OUTSIDE the Tree Save Area. 4. Chemical Damage Dispose of all debris properly (rubble, cement, asphalt, petroleum products, herbicides, all chemicals) away from the tree root zone. 5. Leaf Mulch Allow fallen leaves from the trees within the root zone to remain on the ground as mulch. If leaves are on the lawn,they can be raked up or mowed. 6. Floodin�Provide proper drainage so that roots of trees are free of standing water. 7. Fasteners Use separate posts instead of trees for fastening signs, fences, electrical wires and pulley stays. 8. Fires Lexington requires a permit for open burning as described on the Lexington Fire Department web site at https://www.lexin�tonma.gov Search"Departments", "Fire Department", "Burn Permits" [online cited 15 February 2019]. 9. Utility Lines Locate all new underground utility lines outside the critical root zone of trees to be saved. If not possible, tunnel under roots as an alternative. (See Figure 14, Page 45.) 10. Waterin� In the absence of rain,water trees once a week by running a hose in the Tree Save Area for 15 minutes or provide water using tree irrigation bags. Apply mulch to retain soil moisture. 41 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Figu re 'I 3 PR�TE�TI N� TREES DURI N� ��NSTRU�TI�N � � �u � � �� ,� �� dripline � �� dripline �I �� III III �� I �� ,�� ,�� , �� , �� .... � ,� � n` � �Pontqa 7d'�"`Nb�usnr ,� „, � �,°"»�" ��r � � �., ,wamm�qlPYur� �o„�� ,rem�,�rim yr�"�,� w �..�c�,,,v� �r��.�,mvw ��YI.�'�� i im, �� '�" ��o��!�N :�,r ... � i°��f� � � I a� �' �� r � r nk o� �rh�m� �'"�A xt` ��;�xQY�k �St� g� ��Kr �ii u r� ..,,,,�,,,�l ,��,a�u�� ( � ,,,, "�dhK . �r �+''" �a �, uau f�. �P r�m��c+r ��t( iu '�4� ��r i . � �; :,ii�rf�r � �:" t aAfffYs�rv,:�Ni�a�' dD!➢ �yrA �''u�/�'�r vrv[W�-,., �ra( I ia iiuNlNri,, 'rirvb, 41f1p ��Q,��1�16'�-;. b :.urrw ,,,,i,�,: � � � 9��, r�v @ �� '� � � i4 a,„ nN�na�a m o�ka y � "�Y�p r /�/�� ,�i�� y �,� �p. ��,�",�u�� 000a��lm.:�rr�Y,�� .,�m�''��M�� mfe��"� �� k„ d� . c /n, rX ,� � � ��° f �,�� '^^�n�w � f l °" .,,, w ��,..�,. r ; � i , �� ,, � � � �oMA ,� � . ��I�I�� I�"�� '�'�I� ■ I nsta ll a protecti�e fence to create a Tree Sa�e Area.The Tree Sa�e Area is defi ned as the a rea with i n the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for e�ery inch of DBH, whiche�er is greater. ■ Use 5' h igh cha i n li n k or welded wi re with sta ble metal sta kes or posts i nserted i n the grou nd and spaced a maximum of eight��}feet apart. ■ If protecti�e fencing cannot be installed at the dripline of a tree,then it should be installed as far away from the tree trunk as possible, ideally a minimum of six�6}feet. ■ Each fenced Tree Sa�e Area shall include signs reading, "TREE SAVE AREA-PLEASE KEEP �UT"1"AREA DE AH�RR� DE ARB�LES-ENTRADA PR�HIBIDA P�R FAV�R", in both English and Spanish and should be placed in a highly�isible location. ■ Tree protection shall be placed before ground disturbing acti�ities, including tree remo�al and demolition, start and shall remain in place until all construction has been completed. 4� ,� Lexington Tree Management Manual • Trunk Protection: If the protective fencing cannot be installed to protect the tree trunk then trunk protection should be installed. Loosely tie protective 2x4 lumber around the tree trunk with rope, do not use wire.Attach the rope to the 2x4's using staples. Do not drive fasteners into the tree. Height of the lumber shall be from the tree base including root flare at the bottom of the first branch,typically six to eight(6-8)feet.The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding, one-quarter('/4) inch thick minimum, can be placed between the trunk and the lumber for added protection. � Soil Protection:Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable either a minimum one-half('/2) inch steel plate placed on top of a two (2) inch minimum bed of mulch (e.g.wood chips)or a minimum of three-quarter(3/4) inch plywood over a four(4) inch bed of mulch may be used to bridge over the protected root zone in the tree protection area. Take special care with backhoes and other machinery to minimize damage to roots,trunk, limbs and overhead branches. GG • • e o no ln erl e ear rom our ances ors � . v�e o rr o v� 1 - �� rom our c 1 ren . Native American Proverb 43 Lexington Tree Management Manual 11. Trunk Protection If a certified arborist determines that protective fencing cannot be installed to protect the tree trunk then trunk protection should be installed. Loosely tie protective 2x4 lumber around the tree trunk with rope, do not use wire. Attach the rope to the 2x4s using staples. Do not drive fasteners into the tree. Height of the lumber shall be from the tree base including root flare to the bottom of the first branch, typically 6-8'. The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding, one-quarter(1/4)inch thick minimum, can be placed between the trunk and the lumber for added protection. 12. Soil Protection Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable as determined by the certified arborist either a minimum one-half(1/2) inch steel plate placed on top of a two (2) inch minimum bed of mulch (e.g. wood chips) or a minimum of three-quarter (3/4) inch plywood over a four (4) inch bed of mulch may be used to bridge over the protected root zone in the Tree Save Area. 13.Construction within Critical Root Zone: If it is decided that a building, road,walk,utility or other feature must be built within part of this area, it may still be possible to save the tree. Extra care must be given to the tree. a. Use hand tools instead of machines; b. Fertilize and water the tree in monitored amounts; c. Tunnel instead of trench for utilities through tree root zones (See Figure 14,Page 45). d. Construct dry stone retaining walls to allow the original grade in the root zone to be maintained(See Figure 15, Page 46). 14. Grade Chan�e Guidelines Do not lower the grade or add fill within the critical root zone. If a grade change is needed withing the critical root zone, root pruning is required before that grade change is made or a retaining wall is built. (See Figure 15,Page 46.) 44 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ur� 14 � an , , , , � , , � � , , , � , , , � , , � � , , � � , , , � , , , � , , dripline ; ; � � dri line � p � , ; G' min � � , � � � , ; �� ,�� , �N��it u�� i � i � � � � � � Ti��u��h � ' Tu�u�n��i u�,� � � ; ��°��;�� ; ; ��wes urc�� ; , , � � , � � �. �. �. � �. .. �, � � �"'" ..,.�� ' �,.,.�r �"""`,��"""'��.., �� ^ � ..�"""�� .~„-�,..,� �' .�.�- ,� �"``` �,✓"" �"�,,,�,-"'"� . ► ,�,,,�.. r�'~" � � �,�.,,,. � � � � � � �� `� � �" � � ■ Exca�ate ar�urr�tree roots or tunnel urr�erthe root zone. Trenchingwithout proper root pruning can se�erelydamage roots. ■ Tunneling is preferred to root pruning,where possible. ■ Root pruning by or under the supervision of a certified arborist must be done prior to exca�ation or grade change any time work encroaches on the critical root zone. ■ Exca�ate using an air spade, hydro exca�ation or hand tools to expose roots. ■ �ut roots cleanly, remo�ing no more than forty�4�} percent of roots�� ■ Backfill and water immediately�� ■ If the hole must be left open past the end of day, co�er roots with wet bu rlap�� ■ Monitor tree health and supply adequate water and mulch. 45 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi ure 15 � �� r�w�� ,�,��:�.�..�� ,..I �� _� ��,��°� �.�-_µ _ . �� ..•�� _ ��:�. � � ,��u ��:� � � �:�...� �� M..�.•'"' � �� .� � �� :� � � �m �� , � , , �, �� , � � �� . � � �� a�...A.� � �, -�� -�' �M� � � � �� .�.� ��_� � ; � � � . � . � �� `�� , ��_�..�-�,�.,,.�.;:y. �,.,., .,.,., ,, ,. , , , � �... � �, � � ,� � � � �",,��i� �� ,�{ � MAINTAIN EXISTING GRADE ARDUND TREE Prvtect trees by creating terraces with retaining walls tv maintain the vriginal grade arvund the rvvt zvne. Cutting vr sha�ing rvvts vr piling svil vn tvp vf rvvts tv create a cvntinuvus new grade will slvwly kill the tree. A�vid drainage changes that cvuld mean a tree gets tvv much water vr nvt envugh. � If a grade change is needed within the critical rvvt zvne, rvvt pruning is required befvre that grade change is made. See Figure 14. 4� Lexington Tree Management Manual IX. INVASIVE PLANT SPECIES IMPACT ON PUBLIC LANDS A. DEFINITION, MASSACHUSETTS INVASIVE PLANT ADVISORY GROUP 1. Invasive plants — "non-native species that have spread into native or minimally managed plant systems in Massachusetts. These plants cause economic or environmental harm by developing self-sustaining populations and becoming dominant and/or disruptive to those systems." *This definition was fo�mulated by the Massachusetts Invasive Plant Adviso�v G�oup [online cited 14 June 2019]. 2. The Massachusetts Invasive Plant Advisory Group Massachusetts Invasive Plant Adviso�v G�oup [online cited 5 May 2018] MIPAG is a voluntary collaborative representing organizations and professionals caring for the conservation of the Massachusetts landscape. MIPAG was charged by the Massachusetts Executive Office of Environmental Affairs to provide recommendations to the Commonwealth regarding which plants are invasive and what steps should be taken to manage these species. Massachusetts lists plants that it prohibits for sale, purchase, importation, or transplantation on The Massachusetts Prohibited Plant List of 2009 at https://ag.umass.edu/greenhouse- floriculture/greenhouse-best-management-practices-bmp-manual/massachusetts-prohibited [online cited 23 March 2018] or https://www.mass.gov/service-details/invasive-plants [online cited 27 July 2019] 3. Invasive Tree Species Invasive tree species spread rapidly and aggressively. They displace native flora. They persist in natural landscapes. Some species invade their surrounding area With saplings. Some species contaminate the soil in Which they groW With their toxins. They are hardier than the native species that surround them. They survive Where other trees Will not. They reproduce more quickly than other species either by seed, underground roots or both. They are not considered as Protected Trees under the definition in the Lexington Tree Bylaw, §120-3, http://ecode360.com/10535335 [online: cited 27 March 2018] 4. Exception The Select Board voted on 3/15/10 to re-include Norway Maple (Acer platanoides) as a Protected Tree. They recognized that large, healthy Norway Maples contribute to Lexington's total tree canopy and Would require mitigation (neW plantings) if removed during construction. (When Norway Maples are croWded, unhealthy, or below 6" in diameter their removal is encouraged.) 47 Lexington Tree Management Manual B. INVASIVE PLANTS ON LEXINGTON PUBLIC LANDS 1. Invasive plant examples Lexington's public lands are host to many invasive plant species. The following self-sustaining populations can be found in the woods along�Vorthen Road, the edges of the Minuteman Bikeway,the Great Meadow and other minimally managed areas of Lexington. Invasive Plants on Lexington's public lands Common Name Scientific Name Type of plant Amur cork tree Phellodend�on amu�ense Tree Black locust Robinia pseudoacacia Tree Callery pear Py�us calle�yana Tree Norway Maple (ALB host) Ace�platanoides Tree Sycamore maple (ALB host) Ace�pseudoplatanus Tree Tree of Heaven Ailanthus altissima Tree Amur& Morrow honeysuckle Lonice�a mackii& mo��owii Shrub Barberry Be�be�is spp. Shrub Burning Bush Euonymus alata Shrub European Buckthorn Rhamnus catha�tica Shrub Glossy Buckthorn F�angula alnus Shrub Japanese honeysuckle Lonice�a japonicum Shrub Multiflora Rose Rosa Multiflo�a Shrub Tatarian & Bell's honeysuckle Lonice�a tata�ica &x bella Shrub Japanese knotweed Fallopia japonica Perennial Purple Loosestrife Lyth�um salica�ia Perennial Common reed grass Ph�agmites aust�alis Grass Black Swallowwort Cynanchum louiseae Vine Oriental Bittersweet Celast�is o�biculatus Vine Garlic Mustard Allia�ia petiolata Biennial Narrowleaf Bittercress Ca�damine impatiens Biennial/Annual 48 Lexington Tree Management Manual C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS 1. Caution Before Plantin� Avoid planting or transplanting the invasive plants published by the Massachusetts Invasive Plant Advisory Group. Listed at https://www.massnrc.or /._� mipag/ [online cited 9 March 2018]. 2. The Invasive Factor Multiplyin Effect A non-native species may become an invasive species depending on the interaction of multiple factors; location, soil type, amount of rain and of specimens present within an area. A particular plant species might be invasive in one state and not in another. A single specimen of a non- native plant escaping to a roadside might not be troublesome,but if it multiplies it can become a problem. MIPAG monitors potentially invasive plants,using a fifteen step criteria to track a plant's invasiveness. They work with the Massachusetts Department of Agricultural Resources to keep the Massachusetts Prohibited Plant List updated. https://www.massnrc.org/mipag/docs/MIPAG_FINDINGS_FINAL_042005.pdf[online cited 5 April 2018]. 3. Disturbed Environment SusceptibilitY A disturbed environment is less able to resist non-native plants, which have potential for existing in high numbers away from managed habitats. The pervasive land development in the last 400 years in New England by lumbering, agriculture and industry, and the establishment of roads and buildings have changed the physical structure of the landscape. This disturbance has allowed non- native species to outstrip many native New England species. 4. Case of The Norway Maple �Vhen an invasive tree such as the Norway Maple (Acer platanoides) is planted on a private property,typically the homeowners take care of the property,mow around the tree and pull up its seedlings. However, it has the biologic potential for rapid and widespread dispersion and establishment in minimally managed habitats. [online cited 5 April 2018]. It produces great quantities of seed,which blow around the neighborhood and take root in hedges,roadsides, edges of property,bike paths, and woodlands. 5. Dan�er of Unmonitored Invasive Plants a. Extinction of native plant and animal species. b. The decrease of ecosystem functions such as water filtration, wood production, and recreation. c. The increased economic cost of eradication control efforts. 49 Lexington Tree Management Manual X. INVASIVE INSECT SPECIES EMERALD ASH BORER ` ��p��,;„;��'� Adult Emerald Ash Borer size enlarged �,� �� ,;;;;,;;,r �, �� ,�� , � ,Y� � �1��r��,y� ' �� r��Ulr��,,.� , � 4 /li � /i iiiirrrt�i�y�/� ; ��j; ii a%�F � ��4�'0� i. �i(�� fn r� n � , �. �� r. � ,�� , �� rt� � «J, r, ��, ,�� o� �lg��_ � , � . �,,�,� rc �,� N��o�v�p!,,�� ; � � i i� rd �N°��jre o w�� , �o� �i��'» � , � � A%� � yr� P �a ��9J: I � I"�f�,�� 1��',:�� e�%��»S%/�/p,., if i`i 4 r f�'� ' ��UOi � . � i �,w�,y �`�I} � 9rm � � /� fiN�i��Jll/�� :, Pi�. �%' i/Grr� �� ! � i ��M� �SjW / {� � � �rr�iu /lIl!/%/�`w��' t; ��m �o�� iu �II✓�L;,oi/mrrtdYR(Id�,. �� rt�� r��„i ��e�"� r!„r� �.� ,.. ,�;�rr� .�w,��'/m� ,..� Photo credit Minnesota Department of Natural Resources http://www.mass.gov/eea/docs/dfg/nhesp/land-protection-and-management/invasive- plant- strategicplan.pdf �_. ; .�" �� Adult Emerald Ash Borer actual size 1/2 inch long. Photo credit Arbor Day Society https://www.arborday.org/trees/health/pests/emerald-ash-borer.cfm A. EMERALD ASH BORER IN MASSACHUSETTS The Emerald ash borer(Ag�ilus planipennis) (EAB), a beetle native to Asia, is an insect destructive to all ash tree species (F�axinus spp.), including native white, green and brown ash. The first Massachusetts infestation of EAB was identified in the town of Dalton, and quarantined in Berkshire County,Massachusetts in 2012. The EAB quarantine was expanded to the entire state of Massachusetts in 2015. This invasive species causes widespread ash tree death, economic and environmental damage, and requires vigilant measures to suppress, control and slow its spread in Massachusetts.l Movement of ash wood within the state is unrestricted. More information can be found at htps://massnrc.org/pests/linkeddocuments/EABTaskForceBrochure.pdit B. RECOMMENDATIONS FOR HANDLING INFECTED ASH TREES AND WOOD2 1. Firewood Season, sell, or burn it where you cut it. Keep ash firewood as close as possible to where it was felled. After two years of seasoning, any EAB will have emerged or died from any ash firewood. Keep ash firewood only within the quarantine area. Only Massachusetts firewood that has been treated with a USDA-approved method can enter Connecticut (hardwood restriction only), Maine, New Hampshire, or New York. Vermont restricts firewood entering state parks, forests, and national forests. Current quarantine information is available at https://www.mass. ov/guides/emerald-ash-borer-in-massachusetts [online: cited 7 March 2019] 50 Lexington Tree Management Manual 2. Ash woodchips Chips that leave the quarantine area must be no larger than 1 x 1 inch in two dimensions. May 1 - October 1 is the EAB flight season. �Vhen chipping between May 1 and October 1, it is best to chip ash logs near where trees were felled to avoid spreading EAB. If cutting and chipping between October 1 and the May 1, wood may be shifted within the quarantine area,prior to chipping. Check all equipment for woody debris before leaving a site to reduce the risk of transporting un-chipped infested wood. 3. Ash wood debris (limbs, roots, stumps, and other unprocessed ash wood�Chip all debris within the quarantine area, and keep it within 10 miles of the wood's original location. Tree care professionals must determine whether a load may contain infested ash debris before leaving a job site and carrying infested wood to a new area. 4. Ash lo�s and untreated ash lumber This wood can be transported freely within the state and within the multi-state contiguous quarantine areas for processing. Move logs and untreated ash lumber between October 1 and March 1 so that the wood processing can be completed before the EAB flight season begins on May 1. If carrying the logs into an area in another state that is not under quarantine,they can only be moved from October 1 - May 1 and must be accompanied by a USDA signed compliance agreement. Processing must be completed by the start of the EAB flight season on May 1. 5. Ash nurser_ stock Ash nursery stock cannot leave the quarantine under any circumstance. The Lexington Tree Committee does not recommend planting any ash trees at this time because of the threat of Emerald ash borer and the potential loss of newly planted trees to this insect. C. LEXINGTON DEPARTMENT OF PUBLIC WORKS ASH TREE POLICY 1. Lexin�ton Department of Public �Vorks Ash Tree PolicY Subsequent to the discovery of an Emerald Ash Borer(EAB) in Lexington in 2018, The Town of Lexington Department of Public �Vorks developed the following Ash Tree policy. All ash trees on public land get inspected by the Forestry Staff. The infected trees are removed. The branches and brush are chipped and the logs are brought to the Lexington Compost Facility at 60 Hartwell Avenue where it is chipped into pieces small enough to destroy the beetle larvae. Healthy ash trees are pruned to promote good growth. Ash trees determined by the Forestry Staff to be significant and in good health will be treated with trunk inj ections of Tree-age0. The Forestry Staff will continue to monitor and inspect ash trees on public land. Homeowners and business owners are encouraged to inspect their ash trees and follow the practices of the Forestry Division. 3 51 Lexington Tree Management Manual D. �VORKS CITED 1. "Massachusetts Forest Alliance, Massachusetts Emerald Ash Borer Quarantine". 2016, EAB News Feed, http://massforestalliance.org, `Resources', `Newsletter Archives' [online: cited 28 March 2019] 2. "Recommendations For Handling Ash". 8/2015 No. 181, The Citizen Forester, Department of Conservation and Recreation, Massachusetts Urban & Community Forestry Program. [Online: cited 4 August 2015] 3. Pinsonneault,David J.,Director of Public�Vorks, Town of Lexington. [Report to Lexington Tree Committee, 8/2/2018] XI. INVASIVE INSECT SPECIES ASIAN LONGHORN BEETLE Asian Longhorn Beetle � ; ��1eo ,�, `� � �� G�� i�'y �f(`;N I i; II�II'!�I r � r � ,i �� j; � � i, r," i��' �!j��,, l%�i �� ' '�� , , ,,; ;��i/ '��%�%,f �l i� �.� ,/� ,,,�,,/;/1,,,��,� � ��%%/G„�i�„�/,�,,��, 1u��r��10��/�l Photo Source: Kyle Ramirez https://www.americanforests.or._�/ma�azine/article/eradication-nation Asian Longhorn Adult Beetle actual size 1-1.5 inch ��,�—�.. _�� „�� m �' ��o w�,�.,_�� .,�,W�.w <, tt.""�"" �„�"" � '� �'�w ,� ,�,,, <�� ,�� ,�,� �� '��„�, i I � � ��r 4�`�4� �„"�"k°�"" �°d�,� € �w �, . rr�� - � � �� Photo Source, http://www.worcesterma.�ov/parks/trees/asian-lon�horned-beetles 52 Lexington Tree Management Manual A. ASIAN LONGHORNED BEETLE MASSACHUSETTS OVERVIE�V AND HISTORY1 Asian longhorned beetle, Anoplophora glabripennis (ALB) is a threat to America's hardwood trees. �Vith no current cure, early identification and eradication are critical to its control. ALB has the potential to cause more damage than Dutch elm disease, chestnut blight and gypsy moth combined, destroying millions of acres of America's hardwoods, including backyard trees, state and national forests. ALB was first discovered in the United States in Brooklyn, New York in 1996. It was later found in Illinois in 1998,New Jersey in 2002,Massachusetts in 2008, and Ohio in 2011.ALB most likely came to the United States inside pallets from China where it has become a threat to hardwood trees. For most of its history, the Asian longhorned beetle occupied a small niche in the forests of China, Korea and Japan. It was not known as a serious pest. In the 1960s and 1970s,the Chinese government began to plant enormous windbreaks of millions of poplar trees in its northern provinces in response to erosion and deforestation. Poplar trees grow quickly and tolerate the arid, cold climate of northern China. In the 1980s, as China's poplar forests matured, the ALB population exploded. Within a few years, hundreds of millions of trees were infested, and the Chinese government had to cut tens of thousands of acres of forest to prevent the beetle's further growth. Concurrently China began shipping goods using wood packing material. In the 1980s, pallets of infested poplar began to leave Chinese ports, carrying Asian longhorned beetle larvae. As a stowaway in the global shipping network, the insect came into contact with warehouses across the world. 2 Two separate infestations were found in Massachusetts, the first in �Vorcester in 2008 and the second in Boston in 2010. The Boston infestation was eradicated. The Worcester infestation is on going. "The life c cle of the ALB is rou hl a ear, nine Y g Y Y months of which is s ent buried in wood. p ...Beetles will often inhabit one tree for man enerations until it is nearl dead. . ." Yg Y Peter Alsop, Smithsonian Magazine November 2009 https://www.smithsonianmag.com/science-nature/invasion-of-the-lon�horn-beetles- 145061504/ 53 Lexington Tree Management Manual / �� ,. ,�� /�, ui c 1!�/ �r"�N1"�4!/ '��r ��' d P nP �, �� i� �p�� /�;�.,,i �,r, I ,:, �/!f J/�-I�n r .,� r ��;, �� "l;;� rn�vl�o� a b�,� �� "' �� f� �/ ��/ � (J��'� � /� J� d 0 I�; Wi uU r ��l//r�,'�, i ��yi� ��µ�� 1,,,`��r%A�,� ��.,..K,'e(1' Ik�IVP�f��„ �l� ��//�f!�'�,,,�V;,;° 1 '�'"��'�,�i r/i/f,��y,,� � �r��i �, �� /�/ f..�� ir�/� � � . /�ta �!�✓1� �� yam i�;��% ,�ir� ��'� ��o ��x" I�i{� f f��r r��t '6� / y i i ia� 7 � ifi �m Il�,�� J 1" '�y1 f�l,/Ji�ii�0�../l�!��/i��r�� %`/i �t i r�i J „� ,��roir l�u�� , iw�' f��w,; �J�rr 1�'' �. �//�irw/�/i�dJ�y // �� j JDy.� f i lr>+..f t�aP: ;��r ��^�ilr.�' ., "�'%//�imf�� 1��i� ��'�ijnl �'��U +�� +� , r� 1�a � �uj!�,/��" n�� r t i 0 ��'�i��W�'� i.. iryr nr ��, �� f � .�� K��J4�r � �f�„ f iV� ��t �j la �� /N �1 f a �� „ / �j n" //1,� �1�� Y /�� « �� r � �r�i��"� ��i I I i�i � l �1 i }�o' h �t� /�� J��/r �� 1'�J ��1�� i ��a�I. ��:0� W�,��".. , , ri f�'�� l�� i ��1 k'�tir f � r�� J i 1 � ��„��j,,yd Y�r^ r^ f �� %��P°/� ��j Wr i rF w � rr/1 » JW.� � I� �" r > >i n�0 a� ��r� �"D%�r 1 ��/�� % i� ' w �� f / � � � §�U�p �rr � P � y '� �,�� ,��/ryi��IP„�r �i�f ,a, �f r��1 e.,, iJ��j.J.. '�i. � �;;. �U/r/�a�1 /NJ� �/ '' /�/��Jiil� 1�Q��/1 i ll,�=9 � 4. (, ,'1 i �� l V� „� , ir� � � / � � l/�/ (� � I g liy l�� D t�i'li � � r � � f»r ,/i/�I('c�� i,f�rlrf iui;/j / � � �� /� r% +�j frc� � � ' (,lJ iuu � �I^ � i� �ii`�� . � �� r`' I�l 1 U ;„ i!r, �i/ Y� �� °�yr��r;�� ;��' �� ,,,��r', �� Asian Longhorn Female Beetle ��1 11r,�i, , � , i I tri ixu� /l ) � ��i✓� tld� i � ;� � �:� � �� ix%9� � �� J �/J/�n �Q,r i/i 9 ��%� (�(�� nlF� f i sIJ% i��y i �i1r.�%y�. 11/ ir //�i . i '��/,'�: 1�.. 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Hubley Jr. MA, DCR, Forest Health Program, DCR Bureau of Forest Fire, Control and Forestry https://www.mass.�ov/guides/asian-lon�horned-beetle-in-massachusetts B. CURRENT DETECTIONS The current cooperative eradication program established a 110 square mile quarantine zone in �Vorcester County. The six communities included in the quarantine zone are �Vorcester, Boylston, �Vest Boylston, Shrewsbury, and portions of Holden, and Auburn. C. MASSACHUSETTS ALB MANAGEMENT PLAN; ASIAN LONGHORN BEETLE COOPERATIVE ERADICATION PROGRAM Massachusetts Department of Conservation and Recreation (DCR), United States Department of Agriculture(USDA),Animal and Plant Health Inspection Service(APHIS),and the US Forest Service (USFS) are working together to eradicate ALB from the state. Currently the only effective means to eliminate ALB is to remove infested trees and destroy them by chipping or burning. To prevent further spread of the insect,quarantines are established to avoid transporting infested trees and branches from the quarantine area. Early detection of infestations and rapid treatment response are crucial to successful eradication of ALB. 54 Lexington Tree Management Manual The Forest Health Program, administered by Massachusetts DCR,utilizes ALB traps as an additional survey tool assisting the Eradication Program with locating previously undetected ALB infestations. Asian Longhorned Beetle Cooperative Eradication Program will take trap damage reports and provide more information at 508-852-8090, Forest Health Program, DCR Bureau of Forest Fire Control and Forestry,Amherst, MA 01002. https://www.mass.�ov/�uides/asian-lon�horned-beetle-in-massachusetts [online: cited 17 March 2019] D.WORKS CITED 1. Ken Gooch, Forest Health Program Director, Web Page, Asian Longhorn Beetle in Massachusetts [online: cited 17 March 2019] 2. Peter Alsop, "Invasion of the Longhorn Beetle," Smithsonian Magazine,November 2009 [online: cited 30 April 2019] "...W ith no current cure � earl identification and eradication are critical Y to its control..." Asian Longhorn Beetle in Massachusetts https://www.mass._�ov/�uides/asian-lon�horned-beetle-in-massachusetts XII. ASIAN LONGHORN BEETLE GREATER WORCESTER 2008-2014 A. GREATER�VORCESTER- LARGEST ALB OUTBREAK IN NORTH AMERICA1 According to Rhonda Santos, Public Information Officer for the United States Department of Agriculture(USDA),Worcester is the site of the largest Asian Longhorn beetle(ALB) infestation in the North American continent. The number of trees cut down between the ALB discovery in August 2008 and September 30, 2014, when the USDA declared it under control was close to 35,000. During that time they surveyed over 4 million infested trees.2 The quarantine zone is particularly important because it abuts large areas of forest in northeast New England and Canada. If ALB were to spread into these forest areas it would devastate timber,nursery stock,maple syrup production, and the fall New England tourist industry. 55 Lexington Tree Management Manual B. QUARANTINE ZONE The quarantine zone encompasses 110 square miles. It covers all of�Vorcester, Shrewsbury, �Vest Boylston, Boylston and portions of Holden and Auburn. From the discovery of ALB in August 2008, through September 2014, approximately $146 million was spent in Massachusetts on the eradication effort. The major cost was for staffing the Survey crews, which looked for signs of ALB in trees of the greater �Vorcester area. The USDA and the Massachusetts Department of Conservation and Recreation (DCR) employed 102 staff inembers in Worcester County, most of whom were surveyors, whose job was to establish the 110 square mile perimeter of the infested tree quarantine zone.As they worked for 6 years and 1 month determining the final boundary area, tree crews continually removed 35,000 infested trees from within the area as it expanded from the center in�Vorcester outward. C. SURVEY METHOD Surveyors used binoculars, trained dogs, and climbing gear to identify the dime-sized exit holes left by the adult Asian longhorn beetles in an infested tree. After the infested tree was marked for removal, climbing crews inspected every tree within a 656-foot radius buffer zone around the marked tree. If another infested tree was found anywhere within the buffer zone,that tree was then marked for removal and another 656-foot radius buffer zone was drawn around the second infected tree, thus increasing the quarantine boundary one buffer zone at a time. At risk trees (those trees preferred by ALB and located within each buffer zone) were also designated for removal. State and Federal regulations governing the quarantine zone provide for this to protect other areas of the state from a potential massive ALB outbreak. D. CHEMICAL TREATMENT Injected chemical treatments were considered, but rejected by the City of�Vorcester. There were several problems with the effective chemical imidacloprid. Research showed that it was a danger to the environment.It affects pollinators like bats and bees,and flowering plants.Inj ected chemical treatments penetrate only the first layers of the tree. Consequently, it kills ALB first larval stages, but misses larvae that have developed deeper inside the tree. E. REPLANTING Massachusetts Department of Conservation and Recreation, The City of�Vorcester,and Worcester Tree Initiative combined to replant 31,000 new trees of varied ALB resistant species in the greater �Vorcester area. This effort replaced most of the trees that needed to be removed from the devastation of the ALB between the years 2008 and 2014. 56 Lexington Tree Management Manual F. CONTINUING SURVEYS Surveys are continuing within the current regulated area and the bordering towns of Sterling, Northborough, �Vestborough and Millbury. Surveys in the bordering towns are being done proactively in hopes of confirming that ALB is not beyond the known infestation.2 G. PHEROMONE TRAPS Entomologists from the U.S. Forest Service Research Station in conjunction with Pennsylvania State University developed a beetle pheromone trap that lures ALB out of trees where it may be in outlying or hidden infestations. In 2011, 500 traps in strategically laid-out"traplines"were set out in five central Massachusetts towns, �Vorcester, West Boylston, Boylston, Shrewsbury, and Holden. Since then, the traps caught beetles and surveyors identified additional infested trees in areas near the traps. 3 https://www.nrs.fs.fed.us/news/review/15 [online: cited 23 May 2018] This monitoring continues through the Asian Longhorned Beetle Cooperative Eradication Program administered by Ken Gooch, Forest Health Program Director,DCR Bureau of Forest Fire Control and Forestry. GG • • . . . n ln estatlon ten s to e a . . . s ow ul et urn wlt mu tl e > > . . eneratlons o ten ee in on t e s ame tre e or t o s e ve near . . . �� Tate VVilliams"Eradication Nation: What Boston's battle With the Asian longhorn beetle can teach us about stopping an invasive pest in its tracks", https:��WWW.americanforests.org/magazine/article/eradication-nation/ 57 Lexington Tree Management Manual �b . . . . � � � � . � . . �� . -.e . d, � � r , ; ¢�` Princeton+� ` Sterlin � ,, g ,� � � � � �� '�� Clinton; � `Rutland �� , �„� .. � � � �, � iiii r , ; � � � , �� iu �� ;. � , d.= �.�� ; � � a� � ,� , �„�� ,�� ,Berlin ' �' ; � �� ., West BoYlston� � �,� ,�� = ai y , �� 68 � , ��h��tt o",� � � �" � � � �� r��i r � ��; i��i' � a �< �>> � � � � � � �` '' � �� ` t � ° � � �� 'Boyls on � � � 22 �� °'� °�" ' � i,;= �. �'`� ° . 5 o �� , , , r � ; �� Holden �� °� �'°�� +,,`�� ' � �° , �,.� �� ;: �� ,, � ; �, � a; ; �� ,, � � '� �,�� a� � a; �, , ° � °i � a„� �� ; ;�; �, � o o r�� . � � ��,, �� , � , ��; � %.'� � � �a�� a`� �� ,� �� ; � 31 �a�u � ,; ., , �, o � ' � � Q- p,- , , � �� '� � � ; �-�,�' , ��, � ; , ; ii` �/ ,,:- „ , �� (G� , , p „ ,r �, �1/ � � � l , a� r�''�� •1 0P ' , � ' ,,, ;.. � �� , j ' p, �, l ll' p li� U/ '' , i �y p � �� r p J'/ , �: , p � = ii, , �, U , �, �� " Il; - tf'1 �ry p +',,t , , p', j p� i l U �� U i � � �' NOY I�OYOUgII �� 70 � i �;� ' °� `; ,i;;�;" �� ' ,, ,; ; � � � i� o , ,�, e � � 20 � f � e 1�� r � � � % ,. n � , ,, � � ��° � � � `ri.-r,�`, i�i' v �� '�` �� i�� '` a�� ,' a� �, � � � '� , �°;; �;,,,, i�i' �� , y ,, �; "� ,�� , � '1 " � � / li` ii y � �� r D;; � =o� � li � ' I -� �� '�� 135 1 �..r"'2 -"`�/�- � ,, �,�, „ f��"'.,/ >' ' �J; � I� . rtl � ; , .. � e' ; 'l .. ,. - � ' i 1 i /, �, � .�' �� ''. ,i, �� I' U' U �I �~ �' � D C � %�'l�i y� � r � � �� 1 � r �m '�, / ,e� �'� �I�� /� ��fj�; 1 ��' � �l << I ' � 'y r��—� � �� ll �, 1, f�"� �4 0 �I , , � 'DI��dJ /� �, �� f 1 � , j � , � � , l �� ■� � f _ � Pa�on� � � �� ,� , � r, �� i �� . �J f,v �� i � �� , � I � ry � . ■ / I � I � �� '�.`� � � �' � %� ',�� : , S h rews b u�rY �� ai��- ; r"� � �'� ` � � � % � ii�� " �� ' _ • ��, � �� 9 _. � � Wo rceste r .� , ��` 20 i ; � � � r � �� ' ` „�� . '• � Westborough �, , ` ' ' � � 122 20 30 � �� : o � �� . �� .,,�'"'''�"� 4 . .... ...�"'�qao* ;��r , ' . ,.. � + a Leicester � � � 12 � �,,,�°�� a � , ' n,.; ,. �__ � .. .. . � , ,' , ..... �t „ . ., ��. r 20 �' � t� � 146 . , , �-,,,,,. , � � ��, � �I� �y . �9G�G � � „ ti4 �. �s . .� �. �. �, :` ' ,� ''�'F� �� Mil�lbury r ' i Au burn` ,� �� ,� •� <�e�RyST � ,'; � . � ` RFFt � ' �P° , � 20 � ; �. - . Data Source Date Created: USDA,APHIS,PPQ 2019 Infested Trees `J�Town Boundary II list data source 51212019 2150 CentreAve V Fort Collins,Co 80526 " 2008-2018 Infested Trees Highways o , z �� Regulated Boundary Roads Kilomlleters These data,and all the infarmatian contained thereiq have heen collectedbytheU.i.DepartmentofAgriculture's 0 I.5 3 Mimal and Plant Health Inspe<uan iervice (APHIi), or hy its <ooperators on APHIi'6ehalf,for restricted II��.uulY�u�lC�fi II"<u0:ll'n:ll':��I��.��III��I�IYIi2�III��IIImh��N,.._1II��.._��DII�.II'u�u��.fi�IV'�NlllCu'«uA.��.��Ini�':II��IID II��.��'��I�Il�u.lm��IMI'��ll�ll'uuux�9u.s II�I<ulilnill�u.Im�N II IIII"��V�pll gavernment purposes anly and is the sale praperty of APHIi.See full disdaimer here:aphis.usda.gov/help/map-disdaimer 58 Lexington Tree Management Manual H. WORKS CITED 1. Quinn, Tom. "Trees Under Attack: Worcester's Beetle Battle", 30 July 2015, Worcester Magazine htt�s://www.americanforests.or�/magazine/article/eradication-natlOn� [online: cited 4 August 2016] 2. USDA announces its 2014 priorities in continued eradication of the Asian longhorned beetle(ALB) from �Vorcester County, Massachusetts [online: cited 24 August 2016] https://www.aphis.usda.�ov/aphis/newsroom/news/sa by date/sa 2014/sa 03/ct alb worcester/ 3. U.S. Forest Service Northern Research Station Research Review, No.15, Winter 2012, [online: cited May 2, 2019] XIII. DISCOVERY AND MANAGEMENT OF THE ASIAN LONGHORN BEETLE ON FAULKNER HOSPITAL GROUNDS: 7/4/2010-5/14/2014 A. INITIAL DISCOVERY A few days before the weekend of Sunday, July 4, 2010 Deborah LaScaleia, supervisor of the grounds department at Brigham and �Vomen's Faulkner Hospital in Boston, Massachusetts discovered unusual holes in several red maple trees while walking the grounds. She also saw sawdust-like material on the ground below, created when Asian longhorn beetles (ALB) bored holes. 1,2,3 She had taken many classes and seen the latest on invasive pests at trade shows. She contacted the hospital's arborist, who called US Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) in �Vashington D.C. On July 5, federal officials from (APHIS), the same team who had been working on the �Vorcester infestation, confirmed the presence of the invasive ALB in 6 red maple trees. They found 13 adult beetles and 33 beetles in earlier stages of development. The beetles were sent for forensic analysis. On July 6, the trees were removed and ground to destroy any possible residual beetle larvae. 4,s APHIS set up a quarantine perimeter of 1.5 miles from the original site.6 They imposed a ban on transporting firewood or woody material outside of a quarantine zone within 1.5 miles of the epicenter. � Tree climbers sent in by APHIS began to inspect host trees of the Asian longhorn beetle within the quarantine zone, working outward, looking for signs of the beetle, examining every tree vulnerable to the beetle: g Ace� (Maple),Aesculus (Horse chestnut),Albizia (Mimosa), Betula (Birch), Celtis (Hackberry), Ce�cidiphyllum (Katsura), Fraxinus (Ash), Koel�eute�ia (Golden Rain Tree), Platanus (Sycamore), Populus (Poplar), Salix (�Villow), So�bus (Mountain Ash), and Ulmus (Elm). 9 The importance of swift action in removing the infestation was heightened by the fact that the epicenter was located directly across from the Arnold Arboretum, which contains specimen trees 59 Lexington Tree Management Manual collected from around the world of historic and botanic value. 10 APHIS and the Arnold Arboretum through negotiation, compromise and the use of exact mapping reached an agreement to use imidacloprid, mostly by soil injection. This limited injection damage to trees. It also reduced by half the original number of trees planned for inj ection. 11 B. EVALUATION OF ASIAN LONGHORN BEETLE AND RED MAPLES Scientific evaluation of the infested trees and their planting date confirmed that those trees were not infested at the time of planting on Faulkner Hospital grounds. Results of DNA analysis indicated the ALB specimens from Boston were genetically similar, but with slight variation, to the ALB specimens in�Vorcester. 12 Program staff investigated potential pathways of this invasive species introduction. It is believed a vehicle that parked at the hospital was carrying materials that contained ALB,which crawled out and found the row of red maples. 13 C. BOSTON AND BROOKLINE ERADICATION PROGRAMS To control the pest, 10-square miles were regulated by quarantine in Norfolk and Suffolk Counties, an area that included the neighborhoods of Jamaica Plain,Roslindale,Roxbury,�Vest Roxbury and a portion of the Town of Brookline. 14,is Each June treatment of all host trees in a quarter-mile radius of the six original maples was done for three years with imidacloprid by trunk injection. 16 APHIS protocol calls for prophylactic treatment with imidacloprid, a pesticide that is effective against ALB. 1� Tree inspectors from the USDA and Massachusetts Department of Conservation and Recreation (DCR) continued with surveys on both public and private property in the Regulated Area (quarantine zone) to look for signs of ALB through the four-year period of July 2010 to May 2014. APHIS and its partners USDA U.S.Forest Service,the Massachusetts Department of Conservation and Recreation, the Massachusetts Department of Agricultural Resources, the City of Boston, and the Town of Brookline, removed six infested trees from one property and conducted multiple inspection surveys of more than 90,000 host trees. In May 2013, the eradication program completed its third and final cycle of chemical treatment(imidacloprid) on 2,000 host trees. 1 g Asian longhorned beetle (ALB) was discovered in Boston in July 2010 and declared effectively eradicated from an area in Boston, MA, May 12, 2014 by the U.S. Department of Agriculture's (USDA)Animal and Plant Health Inspection Service (APHIS). 19 60 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al �� . . ,�� ' w �� °��°� � � � � �' � � �� , r�� `� �� n ��' � �� , �.��I,r ��""W�' � �a� _ ��,�� * � , �� ` u�� , I _ I � U �. �� ,�� - � ' �� r� � w � �w��YN � � , � � � — ��'. � . v lipl�� ,�� vu II� ; � — �~u, + � , , � � 5 �� r�� - ^�� - � �� cS'^ �� _ , ' , � k��uwll� ,�+ N u �� '117��'�J"�`� �� . �y��"I�II�'�� '"�^/�,�"� _ � �"�+�C��C'�1��' ,-� � � � � � � � _� � _ � _�� . � �� .��, �� _� �� t,�,� - � � r" � �� " �a� 2�� I.. � �� ..'�`. �«�' � � _ ��, I �ii �� ,. � �'I��t�'�' � � � �� ,�,, �� ,� �"��s�r�,�`� .�� ,�� . �,�° ��, �� . � r� ,. � �� _ �"" �� I �� n �� '�� um� � �� -��. �� `��'r�� ,,�� ^i?�� '��U'p°�� I !., � , , " � � ��r�� R��ul�t�d Ar��t�;�u��r�+d��r�tr�l t��r��i�rn I��d I��tl� �� ,��ul��,�;��1� � � �� ILak��nd IF��d� �'�,�� "�"��n��ur�d�r� �� t�t�IC��u�� +� +�.�'� �,�If�i�l� �Va�r-�-r-r�r��c��r�u�� ,P�,��w��u��r��a��n��,��i��m��r��,s�a�p�� b�d�'�I�.Cc��rmirrva��a�lrth��F hw�las�sa��nuus�tts,�x�,;�up��,��C��Pn��aE�m��r�3�amm��r��riirc�¢��rru�mEall A�Fa�e�. �l Lexington Tree Management Manual D. WORKS CITED 1. Johnson, C. "Finding of invasive beetle in Boston sets off alarms", 7 July 2010, Boston Globe http://archive.boston.com/news/science/articles/2010/07/07/findin� of invasive beetle in boston set s o ff alarms/ [online: cited 3 September 2016] 2. �Villiams, Tate. "Eradication Nation: What Boston's battle with the Asian longhorned beetle can teach us about stopping an invasive pest in its tracks", �Vinter 2015, American Forests, https://www.americanforests.or�/ma�azine/article/eradication-nation/ [online: cited 6 September 2016] 3. "Deborah LaScaleia honored by USDA for Role in Asian longhorn beetle eradication",Pulse News For and About BWFH Staff and Employees, Page 10 The Butterfl.T�ject takes fli�ht at BWFH - Bri�ham and Women's... [online: cited 17 September 2016] 4. Op. cit. https://www.americanforests.or._�/ma�azine/article/eradication-nation/ [online: cited 6 September 2016] 5. "Asian Longhorn Beetle Confirmed in Boston", 6 July 2010, City of Boston, Mayor's Office, http://www.cityofboston.�ov/news/default.aspx?id=4682 [online: cited 1 September 2016] 6. "Regulated Area to Suppress and Control the Asian Longhorned Beetle" Boston, 6 July 2010, Office of Geographic and Environmental Information (MassGIS) and DCR GIS, Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs. Map massnrc.org/pests/albdocs/ALBRegulatedAreaMapBoston07062010.pdf [online: cited 3 October 2016] 7. Op. cit. http://www.cityofboston.�ov/news/default.aspx?id=4682 [online: cited 1 September 2016] 8. Op. cit. http://www.cityofboston.�ov/news/default.aspx?id=4682 [online: cited 1 September 2016] 9. "Asian Longhorned Beetle:Update List of Regulated Articles", 16 June 2016,Federal Register, ily Journal of the United States Government,_ https://www.federalre�ister.�ov/documents/2016/06/16/2016-14248/asian-lon�horned-beetle-update- list-of-re�ulated-articles [online: cited 30 October 2016] 10 Op. cit. http://archive.boston.com/news/science/articles/2010/07/07/findin� of invasive beetle in boston sets o ff alarms/ [online: cited 3 September 2016] 11. Op. cit. https://www.americanforests.or._�/magazine/article/eradication-nation/ [online: cited 6 September 2016] 12. "Asian Longhorn Beetle (ALB) Cooperative Education Program", 18 August 2010, City of Boston, Environment, Energy and Open Space. https://www.cityofboston.gov/news/Default.aspx?id=4724# [online: cited 19 September 2016] 62 Lexington Tree Management Manual 13. Op. cit. https://www.americanforests.or�/magazine/article/eradication-nation/ [online: cited 6 September 2016] 14. Op. cit. http://massnrc.or�/pests/albdocs/ALBRe�ulatedAreaMapBoston07062010.pdf [online: cited 3 October 2016] 15. "USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle", 14 May 2014, �Vashington, /PRNewswire/ http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the- asian-lon�horned-beetle-258909731.htm1 [online: cited 28 September 2016] 16. "Asian Longhorn Beetle, Spring 2012 Update", City of Boston, Environment, Energy and Open Space. http://www.cityofboston.�ov/eeos/alb.asp [online: cited 15 September 2016] 17. "Regulated Area to Suppress and Control the Asian Longhorned Beetle" Boston, 6 July 2010, Office of Geographic and Environmental Information (MassGIS) and DCR GIS, Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs. Map http://massnrc.or�/pests/albdocs/ALBRe�ulatedAreaMapBoston07062010.pdf [online: cited 3 October 2016] 18. Op cit. "USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle", 14 May 2014, �Vashington, /PRNewswire/ http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the- asian-lon�horned-beetle-258909731.htm1 [online: cited 28 September 2016] 19. Op cit. https://www.americanforests.or�/ma�azine/article/eradication-nation/ [online: cited 6 September 2016] "If we were to wi e out insects alone p on thi s lanet p � the rest of life andhumanit Y with it would mo stl Y disa ear from the land. pp v�Tithin a few months." E. O. Wilson 63 Lexington Tree Management Manual XIV. ASIAN LONGHORN BEETLE LEXINGTON POLICY A. DISCOVERY The Forestry Division reviews all potential Asian Longhorn Beetle (ALB) incidents. If a positive ALB determination is made by the United States Department of Agriculture Animal and Plant Health Inspection Services(USDA-APHIS),they will dispatch an Incident Management Team to Lexington to further evaluate the site.Lexington Department of Public�Vorks(DP�V)will work with the APHIS Incident Management Team throughout the duration of the ALB eradication program. B. SURVEY AND QUARANTINE This will begin with surveys of trees looking for the beetle, establishing a quarantine area, and regulating the movement of all host plant material and hardwood firewood. Concurrently compliance workshops will be held to increase the public's understanding of regulations for the proper handling of regulated wood material. Simultaneously, historical movement of the beetle will be traced to determine the source of infestation, and to see if it has been moved to other locations. C. ERADICATION OPTIONS APHIS Incident Management Team in consultation with the Lexington DP�V has a choice of eradication strategies,which will depend on many factors about the infestation. The first option is the removal of infested trees, and removal of high-risk host trees. The second is three years of chemical (imidacloprid) treatment. The chemical treatment option requires documented environmental compliance, environmental impact statements (EIS) and environmental assessments (EA) to aid in program operational decisions, as well as Endangered Species consultation. D. PUBLIC NOTICE The Lexington DP�V will schedule public meetings, which will address resident's questions about the Lexington infestation, and ALB biology. APHIS will set up a toll-free phone number to serve as an ALB hotline as a follow-up. E. RESIDENT NOTIFICATION APHIS will provide prior notification in writing to any resident who may have ALB-positive or high risk host material removed from their property or pesticide treatments applied to trees on their property,before action is conducted. Residents may be present to witness removal of ALB-positive host material from their property. 64 Lexington Tree Management Manual XV. SOURCE MATERIAL A. Printed Publications 1. B�inging Natu�e Home, How Native Plants Sustain Wildlife with Native Plants Updated and Expanded, Douglas W. Tallamy, Timber Press, 2009 2. Landscape Plants fo�Easte�n No�th Ame�ica,Exclusive of Flo�ida and the Immediate Gulf Coast, Harrison L. Flint, John Wiley& Sons, Inc., 1997. 3. Manual of Woody Landscape Plants: Thei�Identification, O�namental Cha�acte�istics, Cultu�e, P�opagation and Uses, Michael A. Dirr, Stipes Publishing Co., rev. 2009. 4. A New T�ee Biology and Dictiona�y, Alex L. Shigo, Shigo & Trees Assoc, 2008. 5. Native Plants of the No�theast, A Guide fo� Ga�dening & Conse�vation, Donald J. Leopold, Timber Press, 2005 6. Native T�ees, Sh�ubs & Vines: A Guide to Using, G�owing and P�opagating No�th Ajne�ican Woody Plants, �Villiam Cullina, Houghton Mifflin, 2002 7. P�inciples and P�actice of Planting T�ees and Sh�ubs, Gary �V. Watson and E. B. Himelick, International Society of Arboriculture, 1997. 8. The G�een Menace: The Eme�ald Ash Bo�e�and the Invasive Species P�oblem, John D. Marche' II, Oxford University Press, 2017 9. The Sibley Guide to T�ees, David Allen Sibley, Written and Illustrated, Alfred P. Knopf, New York, 2009 10. The T�ee: A Natu�al Histo�y of What T�ees A�e, How They Live, and Why They Matte�, Colin Tudge, Three Rivers Press, 2006. 11. T�ees and Development: a Technical Guide to P�ese�vation of T�ees du�ing Land Development, Nelda Matheny and James R. Clark, International Society of Arboriculture, 1998. 12. T�ee Risk Assessment Manual, J.A. Dunster, E. Thomas Smiley, Sharon Lilly, Nelda Matheny, International Society of Arboriculture, 2017 13. T�ees and Sh�ubs of New England, Marilyn Dwelley, Down East Books, 2nd ed.,2000. 14. T�ees in the U�ban Landscape: Site Assessment, Design, and Installation, Peter Trowbridge and Nina L. Bassuk, John Wiley & Sons Inc., 2004. 65 Lexington Tree Management Manual B. Websites, 6/11/2019 Arboretums/Tree- Plant Databases 1. Arnold Arboretum of Harvard University: www.arboretum.harvard.edu 2. Massachusetts Horticultural Society: http://www.masshort.org/ 3. Missouri Botanic Garden Plant Finder: https://www.missouribotanical�arden.or�/plantfinder/plantfindersearch.aspx 4. The Morton Arboretum: https://www.mortonarb.or�/trees-plants/tree-and-plant-selection 5. University of Connecticut Plant Database: www.hort.uconn.edu/plants/ 6. University of Massachusetts Extension: http://www.urbanforestr. t�y.org/ 7. Urban Horticultural Institute: http://www.hort.cornell.edu/uhi/outreach/ Government 8. Department of Conservation and Recreation: http://www.mass.�ov/dcr 9. Mass Prohibited Plants:https://www.mass.�ov/service-details/prohibited-plant-list-back�round 10. Plant Materials Guide for Lexington MA:_ https://www.lexin tonma.�ov/sites/lexin�tonma/files/uploads/plant materials �uide for lexin� ton222111.pdf 11.Town of Lexington: http://www.lexin�tonma.._�ov/ 12.Tree Committee, Town of Lexington: https://www.lexin�tonma.�ov/tree-committee Insects 13. Asian Longhorn Beetle: https://www.aphis.usda.gov/aphis/resources/pests-diseases/asian- lon�horned-beetle 14. Asian Longhorn Beetle in Massachusetts: https://www.mass.._�ov/�uides/asian-lon�horned- beetle-in-massachusetts 15. Encyclopedia Britannica Asian longhorn beetle https://www.britannica.com/animal/Asian-lon�- horned-beetle 16. Emerald Ash Borer:http://emeraldashborer.info/ 17. Emerald Ash Borer in Massachusetts: https://www.mass.,_�ov/�uides/emerald-ash-borer-in- massachusetts Invasive Plants 18. Invasive Plant Atlas of New England: http://www.eddmaps.or�/ipane/index.html 19. Mass Invasive Plant Information: https://www.massaudubon.or�/learn/nature-wildlife/invasive- 1p ants 20. Native Plant Trust(New England�Vildflower Society): http://www.newfs.org/ 66 Lexington Tree Management Manual B. Websites,6/11/2019 Trees 21. ANSI 300 Standard Practices: https://www.tcia.or�/TCIA/BUSINESS/ANSI A300 Standards /TCIA/BUSINESS/A300 Stan dards/A300 Standards.aspx?hkey=202ff566-4364-4686-b7c1-2a365af59669 22. ANSI Nursery Stock Standards American Horticultural Society, 2014, pdf. https://www.americanhort.or_�/pa�e/standards 23. Guidelines for Planting Trees and Shrubs https://a�.umass.edu/landscape/fact-sheets/�uidelines- for-plantin�-trees-shrubs XVI. PUBLICATION INFORMATION Fifth Edition, Published 2024 by the Town of Lexington Tree Committee: David J. Pinsonneault, Director of Public �Vorks Christopher Filadoro, Superintendent of Public Grounds, Tree Warden Mark Connor, Co-chair Gavin Grant Alicia Morris,Associate Pat Moyer, Co-chair Gerald Paul Nancy Sofen Rachel Summers,Associate B arb ara T arrh James Wood G�aphics by B�uce Walke�http://www.b�uce-walke�.com/ 67 Lexington Tree Management Manual APPENDIX I TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES http://ecode360.com/10535335 [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34. Amendments noted where applicable.] § 120-1 Findings. The Town of Lexington finds that mature trees have aesthetic appeal, contribute to the distinct character of certain neighborhoods, improve air quality, provide glare and heat protection, reduce noise, aid in the stabilization of soil, provide natural flood- and climate-control, create habitats for wildlife, enhance property values and provide natural privacy to neighbors. § 120-2 Intent and purpose. This bylaw is enacted for the purpose of preserving and protecting both public shade trees pursuant to General Law Chapter 87 and certain trees on portions of private property. To achieve these purposes, this bylaw establishes a Tree Committee and empowers the Committee, in conjunction with the Tree �Varden, to regulate the removal and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. The provisions of this bylaw,when pertaining to private property, apply only when there is major construction or demolition as defined below and only within setback areas. § 120-3 Definitions. A. �Vhen used in this bylaw, the following definitions shall apply: CALIPER Diameter of a tree trunk(in inches)measured six inches above the ground for trees up to and including four-inch diameter, and 12 inches above the ground for larger trees. 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. [Added 3-18-2024 ATM by Art. 34; 3-18-2024 ATM by Art. 36] DBH("Diameter at Breast Height") The diameter(in inches)of the trunk of a tree(or,for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 4 1/2 feet from the existing grade at the base of the tree. DEMOLITION Any act of pulling down, destroying,removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. MAJOR CONSTRUCTION Any construction of a structure on a vacant lot, or any construction of one or multiple structures or additions to structures on an existing lot, wherein there would result an increase of 50% or more in the total footprint of the new structure(s), when compared to the total footprint of the pre-existing structure(s). PERSON Any person, firm,partnership, association, corporation, company or organization of any kind including public or private utility and municipal department. PROTECTED TREE Any tree on private land, with a DBH of six inches or greater (or any multiple trunk tree with a DBH of 15 inches or greater), located in the setback area (or which, as determined by the Tree Warden, has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the setback area), provided that tree is not hazardous or undesirable as defined in the Tree Manual. 68 Lexington Tree Management Manual [Amended 4-4-2007 ATM by Art. 13] PUBLIC SHADE TREE Any tree within the public right-of-way except for state highways that, as determined by the Tree�Varden,has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the public right-of-way. REPLACEMENT INCH—the unit used when determining mandated replanting,which shall be calculated using the Replacement Inch Calculation Table in § 120-16. [Added 4-5-2017 ATM by Art. 37] SETBACK AREA The minimum setback area around a lot shall be measured in accordance with the larger dimension of 30 feet from the front and 15 feet from the two sides and from the rear of the lot; and the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington. For the purposes of establishing the setback area in which the provisions of this bylaw shall apply, the measurement shall be from any point on any property line of the lot, to points along an imaginary line drawn representing the setback area as specified. Final judgments regarding required tree protections during construction shall be made by the Tree �Varden where deviations from the setback are required. [Amended 4-4-2007 ATM by Art. 13] [Amended 3-18-2013 ATM by Art. 3 0] TOWN TREE Any tree within a public park or open space under the jurisdiction of the Select Board acting as park commissioners, on public school grounds, or on any other Town-owned land. TREE REMOVAL Any act that will cause a tree to die within a three-year period. B. The Tree Committee may provide other such definitions or terms in rules and regulations, approved by the Select Board, deemed useful to implement this bylaw. § 120-4 Applicability. A. Applicability. The circumstances under which the tree protection, removal and replacement regulatory process delineated in this bylaw shall apply are as follows: (1) Proposed cutting (trunk, limbs or roots) of existing public shade trees on public and private ways (accepted or unaccepted streets) or of Town trees on Town- owned(or leased land being used as a public facility)by any person. (2) Proposed demolition of an existing residential or nonresidential structure. (3) Proposed major construction on an existing residential or nonresidential lot. B. For sites under the jurisdiction of the Planning Board or Zoning Board of Appeals, the Planning Board or Zoning Board of Appeals may,by including in their findings an explanation of the reasons, waive in part or in full this bylaw when they deem it necessary for the good of the community. [Amended 3-23- 2011 ATM by Art. 31] § 120-5 Tree Warden. The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Select Board. A. The duties or responsibilities of the Tree �Varden shall conform to General Law Chapter 87 and shall include,but not be limited to,the following as may be further specified in this bylaw: (1) Management of all trees within public rights-of-way and adj acent to public buildings and commons; care and control of trees on Town property if so requested by the Select Board, 69 Lexington Tree Management Manual and on Town land owned by other departments such as Schools, Recreation and Conservation, if so requested by the respective department and approved by the Select B o ard; (2) Expending funds,in coordination with the Tree Committee,appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (3) �Vith recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this bylaw; (4) �Vork in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (5) Development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree Committee, to carry out the purposes and intent of this bylaw for approval and promulgation by the Select Board; (6) Enforcement of this bylaw; (7) Appointment or removal of Deputy Tree �Vardens. B. Moreover,the Select Board may authorize the Tree�Varden to undertake other responsibilities consistent with the purposes and intent of this bylaw. § 120-6 Tree Committee. A. The Town shall have a Tree Committee that consists of seven members s and two non- voting associate members as appointed by the Select Board. A quorum of the Tree committee shall consist of a majority of the voting members then in office. For the first appointments of full members, 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 and associate members will serve three-year terms. [Amended 3-22-2023 ATM Art. 29] B. The Tree Committee shall have the following duties and responsibilities as may be further specified in this bylaw: (1) Development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree�Varden,to carry out the purposes and intent of this bylaw, for approval and promulgation by the Select Board; (2) Permit the removal of certain trees on private property upon appeal,by an applicant; (3) Public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this bylaw (4) �Vork in conjunction with the Tree �Varden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. § 120-7 Public shade trees and Town trees. A. Scope. A public shade tree or Town tree may not be cut,pruned,removed or damaged by any person or the Town until and unless the Tree�Varden issues a written permit pursuant to this section. B. Procedures. Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree�Varden in accordance with any application requirements issued by the Tree �Varden. The Tree �Varden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. In addition to any public notice required by said G.L. c. 87,the Town shall contemporaneously provide notice of the public hearing on the Town's website and through such other electronic means as it deems appropriate. If the Tree �Varden or Select Board permits a person, other than the Town or an agent of the Town, to remove a public shade tree or Town tree,the Select Board, or its designee, shall require the applicant to obtain an appraisal of the value of the tree, at the applicant's expense, and to pay the appraised value of the tree, as determined by a member of the American Society of Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula 70 Lexington Tree Management Manual method. Such payments shall be deposited in the Lexington Tree Fund. The Select Board may, at the request of the applicant, waive the requirement to pay all or a portion of the appraised value of the Tree pursuant to this subsection if the Select Board determines that the removal of the tree is required as part of a project intended to serve a public purpose or due to other extenuating circumstances. The permit issued by the Tree �Varden may specify schedules, terms, and conditions, including requiring the planting of replacement trees. [Amended 4-14-2021 ATM by Art. 32] C. Planting of trees on Public Land. Any person seeking to plant a tree on public land under the jurisdiction of the Tree�Varden must obtain written permission from the Tree Warden. Such permission may specify schedules, terms, and conditions as deemed appropriate by the Tree �Varden. § 120-5 Protected trees. A. Scope. The removal of protected trees in conjunction with demolition or major construction is prohibited unless authorized by the Tree�Varden, or Tree Committee as set forth below. B. Procedures. �Vhen major construction or demolition is planned,the owner of the property shall submit to the Tree�Varden,the Building Commissioner or designee 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 s ubmit 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(including public shade trees). [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; 4-14-2021 ATM by Art. 34; 3-20-2023 ATM by Art. 28; 3-18-2024 ATM by Art. 3 4] (1) If any protected trees will be removed or damaged in connection with maj or construction or demolition, the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit. Additionally,if any protected trees were removed during the 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. The proposal shall satisfy the mitigation requirements set forth below and any rules,regulations or manuals promulgated by the Select Board. The Select Board shall set an application fee. Such fee shall be at least $20 per DBH inch of protected tree to be removed. The Select Board shall annually evaluate the adequacy of the fee and adjust it as needed, or shall designate a Town official to annually review the fee and adjust it as needed. [Amended 3-19-2008 ATM by Art. 37; 3-22-2021 ATM by Article 34] The Tree�Varden 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�Varden will issue a permit within 20 business days of receipt by the Tree�Varden of the proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements,the Tree�Varden shall so notify the applicant and deny the permit. (2) An applicant may appeal the denial or grant of a tree permit to the Tree Committee. The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public notice shall include all persons owning land within 300 feet of any part of applicant's land at least 14 days before said hearing. The Tree Committee shall rule within 20 days of the public hearing. 71 Lexington Tree Management Manual (3) Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious. C. Mitigation. A protected tree shall not be removed unless at least one of the following provisions is satisfied: (1) Replanting of trees: such replanting shall be on the basis of one inch of caliper of new tree(s) for each replacement inch of DBH of tree(s)removed except that,to encourage the planting of large shade species, for each replanted tree listed in the Recommended Large Shade Trees list of the Lexington Tree Manual [Section V.B.S] replanting shall be on the basis of 1/4 inch of caliper of new tree(s) for each replacement inch of DBH of tree(s) removed and each replanted tree must have a minimum caliper of three inches. The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting applicant's land with express approval of the owner of such abutting land; [Amended 3-18-2013 ATM by Art. 30], [Amended 4-5-2017 ATM by Art. 37; 2021 by Art. 34] (2) Contribution into the Lexington Tree Fund, provided such fund is reauthorized to the extent required by law, or otherwise to the surplus revenue of the Town: such contribution shall be $200 per replacement inch of protected tree or Town tree removed not already mitigated as per Subsection C(1); or [Amended 3-31-2004 ATM by Art. 34; 4-4-2005 ATM by Art. 16] [Amended 4-5-2017 ATM by Art. 37; 2021 by Art. 34] (3) (Reserved) [1] Edito�'s Note:Fo�me�Subsection C(3), which �equi�ed the applicant to demonst�ate the desi�ability of�ejnoval of a p�otected t�ee, was �epealed 3-22-2010ATM by A�t. 27. (4) All evergreens planted as replacement trees must be a minimum of six feet in height and may include, without limitation, pine, hemlock, spruce and fir. Low-growing evergreens shall not be accepted as replacement trees. [Added 4-4-2007 ATM by Art. 13] (5) Mitigation shall include a minimum number of trees to be replanted in the front setback and/or the ToWn right-of-Way rather than payment 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: [Added 3-18-2024 ATM by Art. 3 5] (a) The desired minimum street-frontage tree spacing is achieved When there is no greater than a 3 5' 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 and be deemed appropriate by the Tree VVarden. 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 month 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. [Added 3-18-2024 ATM by Art. 3 5] 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. 72 Lexington Tree Management Manual These protection measures shall be delineated within the Tree Protection Plan prepared by a Certified Arborist and submitted to the Town, shall be installed prior to commencement of any demolition or 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 Tree Protection Plan(or any amendment thereto)may allow for temporary encroachment within the critical root zone or dripline of a Protected Tree, as necessary, provided the Tree Protection Plan specifies mitigating measures the applicant shall take, including a maintenance plan for the tree. [Added 4-4-2007 ATM by Art. 13; amended 4-5-2017 ATM by Art. 37; 3-18-2024 ATM by Art. 34] (1) Each protected tree or Town Tree retained under a tree protection plan 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 for an associated project. Should the tree die or be removed 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 or Town Tree as contained in this bylaw within nine (9) months from the death or removal of the original tree. E. Failure to protect trees not removed. Trees left on site must be protected; and if not done so as required by this bylaw, the Tree Warden may impose the following: [Added 4-4- 2007 ATM by Art. 13] (1) The Town may undertake tree protection measures and bill for any labor and material charges incurred. (2) The Town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. (3) The Town may hire an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. (4) The Town may impose fines as per the fine schedule in § 120-10 of this bylaw. (5) Upon notice from the Tree �Varden 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 may be immediately stopped by the Tree�Varden or a designee of the Tree Warden. 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. [Amended by 3-18-2024 ATM by Art. 34] F. Upon removal of any tree of six-inch DBH or greater, the owner of the property on which the tree is located shall provide information to the Town regarding the removal of that tree and the reason for its removal. The owner shall also provide a plan identifying the location, species (if known), and DBH of any trees so removed, remaining trees six inches DBH or greater, and any trees planted as mitigation pursuant to§ 120-SC. � ,�. � ��;��,� ,,,,,,„,,,,,,, ,,,,,,,,,,,,,�� .�� .� �m��;� �� ... ,,,,,,,�. ,,,,,,�. § 120-9 Emergencies and exemptions. [Amended 3-18-2024 ATM by Art. 36] 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�Vorks or the Town Manager; B. ToWn trees that are hazardous as determined in writing by the Tree Warden; C. uTrees 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. [1] Edito�'s Note:ForYne�Subsection C, which excluded invasive t�ee species, was �epealed 3-22-2010 ATM by A�t. 27. 73 Lexington Tree Management Manual D. Invasive tree species as defined in regulations established by the Tree Committee and approved by the Select Board. § 120-10 Enforcement. A. Any person violating this bylaw is subj ect to the penalties under Chapter 1, § 1-6 of the General Bylaws, General Law Chapter 87 (for violations concerning public shade trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Chapter 1 of the General Bylaws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Select Board in consultation with the Tree Committee, the Tree Warden and Town Counsel. B. Each instance in which a Town tree or a protected tree is removed without a tree permit shall constitute an offense under this bylaw.�Vhen Town trees or protected trees have been removed without a permit, mitigation (as outlined in § 120-8C of this bylaw) and the payment of fines (as outlined in the Fine Schedule at the end of this bylaw Editor's Note: See Ch. 1, General Provisions, Art. II, Use and Construction, § 1-6, Noncriminal disposition. ) shall be required. [Amended 3-31-2004 ATM by Art. 34] C. If mitigation and the payment of fines are completed in due time as determined by the Tree �Varden, the proj ect will be approved. If not completed, then each day beyond the determined and agreed upon completion date shall constitute a new and separate offense. [Amended 3-31-2004 ATM by Art. 34] § 120-11 Rules and regulations. The Select Board may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this bylaw. Failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this bylaw. § 120-12 Severability. If any section,paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court, every other section,paragraph and part shall continue in full force. § 120-13 Relationship to other laws. Nothing in this bylaw shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington bylaws or Commonwealth of Massachusetts laws. § 120-14 Funds. [Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art. 16; 4-4-2007 ATM by Art. 13] 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 �Varden, with input from the Tree Committee, will request use of these funds for tree planting, transplanting,and other tree-related needs. The request to expend these funds will be approved by the Select Board. § 120-15 Tree Management Manual. [Added 4-4-2007 ATM by Art. 13] The Lexington Tree Management Manual will be used as the standard for tree planting, maintenance and protection in the Town. 74 Lexington Tree Management Manual § 120-16 Replacement Inch Calculation Table [Added 4-5-2017 ATM by Art. 37] Replacement Inch Calculation Table Level Removed Tree Replacement Inches Level 1: Less than 24"DBH; or a tree of any size to be removed in order Same as inches removed to comply with a condition, restriction or requirement of a local, state, or federal permit Level 2: 24"DBH and larger 4 times inches removed 75 Lexington Tree Management Manual APPENDIX II MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 87. SHADE TREES https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIV/Chapter87 Chapter 87: Section 1. Public shade trees; definition Section 1. All trees within a public way or on the boundaries thereof including trees planted in accordance with the provisions of section 7 shall be public shade trees; and when it appears in any proceeding in which the ownership of or rights in a tree are material to the issue, that, from length of time or otherwise, the boundaries of the highway cannot be made certain by records or monuments, and that for that reason it is doubtful whether the tree is within the highway, it shall be taken to be within the highway and to be public property until the contrary is shown. Chapter 87: Section 2. Powers of tree wardens Section 2. The tree warden of a town may appoint and remove deputy tree wardens. He and they shall receive such compensation as the town determines or,in default thereof,as the Select Board allow.He shall have the care and control of all public shade trees, shrubs and growths in the town, except those within a state highway, and those in public parks or open places under the jurisdiction of the park commissioners, and shall have care and control of the latter,if so requested in writing by the park commissioners,and shall enforce all the provisions of law for the preservation of such trees, shrubs and growths. He shall expend all money appropriated for the setting out and maintenance of such trees, shrubs and growths, and no tree shall be planted within a public way without the approval of the tree warden, and in towns until a location therefor has been obtained from the Select Board or road commissioners. He may make regulations for the care and preservation of public shade trees and establish fines and forfeitures of not more than twenty dollars in any one case for violation thereof; which, when posted in one or more public places, and, in towns,when approved by the Select Board, shall have the effect of town by-laws. Chapter 87: Section 3. Cutting of public shade trees; public hearing; damages to fee owner Section 3. Except as provided by section five, public shade trees shall not be cut, trimmed or removed, in whole or in part,by any person other than the tree warden or his deputy, even if he be the owner of the fee in the land on which such tree is situated, except upon a permit in writing from said tree warden, nor shall they be cut down or removed by the tree warden or his deputy or other person without a public hearing and said tree warden or his deputy shall cause a notice of the time and place of such hearing thereof, which shall identify the size, type and location of the shade tree or trees to be cut down or removed, to be posted in two or more public places in the town and upon the tree at least seven days before such hearing and published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than seven days before the day of the hearing or if no such local newspaper exists then in accordance with the provisions of section six of chapter four;provided,however,that when a public hearing must be held under the provisions of this section and under section fifteen C of chapter forty prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the tree warden and the planning board, or if there is no planning board,the Select Board of a town or the city council of a city,and notice of such consolidated public hearing shall be given by the tree warden or his deputy as provided herein. Any person injured in his property by the action of the officers in charge of the public shade trees as to the trimming, cutting, removal or retention of any such tree, or as to the amount awarded to him for the same, may recover the damages, if any, which he has sustained, from the town under chapter seventy-nine. 76 Lexington Tree Management Manual Chapter 87: Section 4. Cutting down or removing public shade trees; approval of Select Board or mayor Section 4. Tree wardens shall not cut down or remove or grant a permit for the cutting down or removal of a public shade tree if,at or before a public hearing as provided in the preceding section,obj ection in writing is made by one or more persons, unless such cutting or removal or permit to cut or remove is approved by the Select Board or by the mayor. Chapter 87: Section 5. Cutting down,trimming or removing bushes and small trees 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, Select Board,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. Chapter 87: Section 6. Penalty for violation of Sec. 3, 4 or 5 Section 6. Violations of any provision of the three preceding sections shall be punished by forfeiture of not more than five hundred dollars to the use of the city or town. Chapter 87: Section 7. Planting of shade trees Section 7. Cities and towns may appropriate money for the purpose of acquiring and planting shade trees in public ways.The tree warden,or a private organization acting with the written consent of the tree warden, may plant shade trees acquired with public or private funds in a public way, or if he deems it expedient, upon adjoining land at a distance not exceeding 20 feet from the layout of such public way for the purpose of improving,protecting, shading or ornamenting the same; provided, however, that the written consent of the owner of such adjoining land shall first be obtained. Chapter 87: Section S. Trees on state highways Section 8.The department of highways,in this chapter called the department,shall have the care and control of all trees, shrubs and growths within state highways, and may trim, cut or remove such trees, shrubs and growths, or license the trimming, cutting or removal thereof. No such tree, shrub or other growth shall be trimmed, cut or removed by any person other than an agent or employee of the department, even if he be the owner of the fee in the land on which such tree, shrub or growth is situated, except upon a permit in writing from the department. Any person injured in his property by the action of the department as to the trimming, cutting, removal or retention of any such tree, shrub or other growth,may recover the damages, if any, which he has sustained, from the commonwealth under chapter seventy-nine. Chapter 87: Section 9. Signs or marks on shade trees Section 9. Whoever affixes to a tree in a public way or place a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of such trees in a city or from the tree warden in a town,or from the department in the case of a state highway, shall be punished by a fine of not more than fifty dollars. Tree wardens shall enforce the provisions of this section;but if a tree warden fails to act in the case of a state highway within thirty days after the receipt by him of a complaint in writing from the department, the department may proceed to enforce this section. Chapter 87: Section 10. Injury to trees on state highways Section 10. �Vhoever without authority trims, cuts down or removes a tree, shrub or growth, within a state highway or maliciously injures, defaces or destroys any such tree, shrub or growth shall be punished by 77 Lexington Tree Management Manual imprisonment for not more than six months, or by a fine of not more than five hundred dollars to the use of the commonwealth. Chapter 87: Section 11. Injury to trees of another person Section 11. Whoever wilfully, maliciously or wantonly cuts, destroys or injures a tree, shrub or growth which is not his own,standing for any useful purpose, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars. Chapter 87: Section 12. Injury to shrubs,trees or fixtures Section 12. �Vhoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of ornament or utility, in a public way or place or in any public enclosure, or negligently or wilfully suffers an animal driven by or for him or belonging to him to injure, deface or destroy such shrub,plant,tree or fixture, shall be punished by a fine of not more than five hundred dollars, and shall in addition thereto be liable to the town or any person for all damages to its or his interest in said shrub, plant, tree or fixture caused by such act. �Vhoever by any other means negligently or wilfully injures, defaces or destroys such a shrub, plant, tree or fixture shall likewise be liable to the town or any person for all damages to its or his interest in said shrub,plant, tree or fixture caused by such act. Chapter 87: Section 13 Powers and duties of tree wardens in cities Section 13. The powers and duties conferred and imposed upon tree wardens in towns by this chapter shall be exercised and performed in cities by the officers charged with the care of shade trees within the limits of the highway. Chapter 87: Section 14 Performance of maintenance and tree removal work by utility; submission and approval of vegetation management and hazard tree removal plans; submission of utility tree maintenance standards and specifications Section 14. (a)For the purposes of this section, "utility" shall mean a company engaging in the distribution of electricity or owning, operating or controlling distribution facilities; provided, however, that a distribution company shall not include any entity which owns or operates plant or equipment used to produce electricity, steam and chilled water, or an affiliate engaged solely in the provision of such electricity, steam and chilled water,where the electricity produced by such entity or its affiliate is primarily for the benefit of hospitals and nonprofit educational institutions, and where such plant or equipment was in operation before January 1, 1986. (b) A utility may, or at the request of the tree warden shall, submit an annual vegetation management plan describing the maintenance work to be performed in a municipality. The plan shall include, but not be limited to, a map of the circuits where the maintenance work will be performed, the tree maintenance standards that will be followed and any foreseeable variance from those standards. The plan shall comply with local ordinances and regulations. The plan shall be submitted not less than 90 days prior to the date the utility proposes to begin its maintenance work. Upon receipt of the plan,the tree warden, or a designee thereof, shall notify the utility within 60 days, in writing,whether or not the plan has been approved.Upon receipt of written notification that the plan has been approved,or approved with modifications agreed to by both parties, a utility shall be exempt from the requirements of sections 3 and 5 for the work described in the approved plan. (c) A utility may, or at the request of the tree warden shall, submit an annual hazard tree removal plan describing hazard tree removal work to be performed in a municipality. The plan shall include, but not be limited to, the specific trees that the utility has identified as a hazard and proposes to remove. The plan shall comply with local ordinances and regulations. The plan shall be submitted not less than 90 days prior to the date a utility proposes to begin tree removal. Upon receipt of the plan,the tree warden, or a designee thereof, shall notify the utility within 60 days, in writing,whether or not the plan has been approved. Upon receipt of written notification that the plan has been approved,or approved with modifications agreed to by both parties,the utility shall be exempt from the requirements of sections 3 and 5 for the work described in the approved plan. 78 Lexington Tree Management Manual (d) If a tree warden fails to notify a utility whether a vegetation management plan or hazard tree removal plan has been approved within 60 days of the warden's receipt of the plan,the utility may request a decision by the Select Board, mayor or chief administrative officer of the municipality. (e) Notwithstanding approval of a vegetation management plan or hazard tree removal plan, a utility shall notify a tree warden, in writing,not less than 14 days prior to beginning maintenance work or tree removal work in a municipality. If a local ordinance or regulation requires more than 14 days notice,the utility shall comply with such ordinance or regulation. The notice provided shall include the date on which the utility will begin work and the phone number of the person or persons supervising the work in the field. (� The utility shall provide to the state forester, or such other person or agency as designated by the secretary of energy and environmental affairs, a copy of any annual vegetation management plan or hazard tree removal plan and a copy of the approval or denial letter from the applicable tree warden. The state forester, or such other person or agency as designated by the secretary of energy and environmental affairs, shall provide the utility an acknowledgment of receipt of such plans and determinations in any manner approved by said secretary. (g) The utility shall annually submit to the state forester's office a set of utility tree maintenance standards and specifications and evidence that these standards have been adopted by the utility company. These standards and specifications shall conform with: American National Standard Institute A-300; American National Standard Institute Z-133; and National Electric Safety Code 218 Tree Trimming and OSHA 29 CFR Part 1910 Line Clearance Tree Trimming Operations. The state forester, or such other person or agency as designated by the secretary of energy and environmental affairs, shall make these standards and specifications available to the public on their websites or other accessible locations and shall accept and maintain a publicly accessible record of comments received relative to the standards and specifications and shall transmit the comments to the utilities. https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIV/Chapter87 online: cited [18 June 2018] 79 Lexington Tree Management Manual APPENDIX III MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 40 SECTION 15C. SCENIC ROADS * https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeVII/Chapter40/Section 15C Chapter 40: Section 15C. Scenic road designations; improvements; fines Section 15C. Upon recommendation or request of the planning board, conservation commission or historical commission of any city or town, such city or town may designate any road in said city or town, other than a numbered route or state highway as a scenic road; provided, however, that a numbered route may be designated by a city or town as a scenic road if its entire length is contained within the boundaries of said city or town, and no part of said route is owned or maintained by the commonwealth. After a road has been designated as a scenic road any repair, maintenance, reconstruction, or paving work done with respect thereto shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the planning board,or if there is no planning board,the Select Board of a town,or the city council of a city,after a public hearing duly advertised twice in a newspaper of general circulation in the area, as to time, date, place and purpose, the last publication to occur at least seven days prior to such hearing; provided, however, that when a public hearing must be held under the provisions of this section and under section three of chapter eighty-seven prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing before the tree warden and the planning board, or if there is no planning board, the Select Board of a town, or the city council of a city, and notice of such consolidated public hearing shall be given by the tree warden or his deputy as provided in said section three of chapter eighty-seven.Any city or town making said scenic road designation may make an ordinance or by-law establishing that a violation of this paragraph shall be punished by a fine not to exceed three hundred dollars. Designation of a road as a scenic road shall not affect the eligibility of a city or town to receive construction or reconstruction aid for such road pursuant to the provisions of chapter ninety. * As of the publication of the 2018 Tree Management Manual there are no scenic roads in Lexington, MA. https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeVII/Chapter40/Section 15C [online: cited [18 June 2018] 80 Lexington Tree Management Manual APPENDIX IV MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Section8 Chapter 132: Section S. Entry upon land to control and suppress public nuisances Section 8. The chief superintendent, district supervisors, district superintendents and other employees and authorized agents of the bureau of shade tree management and pest control may enter upon any land within the commonwealth, and any local superintendent appointed under section thirteen and his employees and authorized agents may enter upon any land within his city or town, in accordance with the provisions of this chapter,for the purpose of determining the existence,over-all area and degree of infestation or infection caused by the public nuisances named in section eleven, suppressing and controlling said public nuisances and affixing signs to and removing, or causing to be removed, trees and wood infected with the Dutch elm disease or used as a breeding place of the beetles which spread said disease. http s://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 13 2/S ection8 [online: cited [5 December 2016] 81 Lexington Tree Management Manual APPENDIX V MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Sectionl l Chapter 132: Section 11. Suppression of Moths, Caterpillars, Worms and Beetles and any Invasive Plant or Animal Species;Rules and Regulations; Contracts; Studies for Control of Public Nuisances; Annual Recommendations Section 11. The chief superintendent may, subject to the approval of the commissioner, make rules and regulations governing all operations by cities and towns or persons for the purpose of suppressing gypsy and brown tail moths, tent caterpillars, cankerworms, oriental hag moths, fall webworm, Japanese beetle, saddled prominent, pine looper, and elm leaf beetles, which destroy forest and shade tree foliage, diseases and leaf eating and sucking insects which damage forests and shade trees, the Dutch elm disease and the beetles which spread said disease,woodticks,and poison ivy growing within one hundred feet of any public way, and any invasive plant or animal species, diseases and insects which damage the health, safety or quality of forest, shade or other trees including,but not limited to,the Asian longhorned beetle or oak wilt, all of which are hereby declared to be public nuisances for the purposes of this chapter. He may make contracts on behalf of the commonwealth; shall study and promote improved methods of suppressing such public nuisances; may act in co-operation with any person, any subdivision of the commonwealth, any other state, the United States, or any foreign government, and without limiting the generality of the foregoing, shall act in co-operation with federal and state agencies engaged in the study or control of said public nuisances; may conduct investigations and gather and distribute information concerning such public nuisances; may advise, make use of and require the use of all lawful means of suppressing such public nuisances;may lease real estate when he deems it necessary; and with the approval of the authority in charge, may use any real or personal property of the commonwealth. He shall prepare for students or for the public such lectures,exhibits or information relative to such public nuisances as may be required; shall personally and by employees of the bureau of shade tree management and pest control supervise operations undertaken by cities and towns to suppress such nuisances, and the expenditure of funds therefor; and for such purposes may employ such assistants and agents, including expert advisers, as he deems necessary. For the purposes of this section he may expend such sums as may be appropriated or donated therefor but no expenditure shall be made or liability incurred in excess of such appropriations and donations. He shall annually recommend to the commissioner the financial liability, as described in section fourteen, of each city and town,to be appropriated by said city or town to be expended by the local superintendent for such suppression work within said city or town. No owner or occupant of an estate infested or infected by any of the aforesaid public nuisances shall by reason thereof be civilly or criminally liable except to the extent and in the manner and form set forth in this chapter. http s://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 13 2/S ection 11 [online: cited 6 December 2016] 82 Lexington Tree Management Manual APPENDIX VI MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132/Sectionl2 Chapter 132: Section 12. Interference with suppression or eradication of Asian longhorned beetle, oak wilt or any public nuisance; penalties; injunctive relief �Vhoever knowingly resists or obstructs the commissioner, any local superintendent or employee or authorized agent of any of them, while any of those persons is engaged in suppressing or eradicating the Asian longhorned beetle, oak wilt or any public nuisance described in section 11, or whoever knowingly violates any rule, regulation, order or quarantine issued by the commissioner, in writing, relative to the suppression or eradication of public nuisances shall be subject to a civil penalty of not more than $25,000 for each violation. Each day that such violation occurs or continues shall be deemed a separate violation. The penalty may be assessed by the department, and may be recovered in an action brought on behalf of the commonwealth in the superior court. The commonwealth also may bring an action for injunctive relief in the superior court for any such violation, and the superior court shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate. http s://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter 13 2/S ection 12 [online: cited 6 December 2016] 83 Lexington Tree Management Manual APPENDIX VII MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132A. STATE RECREATION AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132A/Section 1 F Chapter 132A: Section 1F.Duties of bureau of forestry The bureau of forestry shall, under the supervision of the director, with the approval of the commissioner perform such duties as respects forest management practices, reforestation, development of forest or wooded areas under the control of the department, making them in perpetuity income producing and improving such wooded areas. It shall be responsible for such other duties as are now vested in the division of forestry by the general laws or any special laws and shall be responsible for shade tree management, arboricultural service and insect suppression of public nuisances as defined in section eleven of chapter one hundred and thirty-two, subj ect to the approval of the director and, notwithstanding the provisions of any general or special law to the contrary,the bureau may require all tree spraying or other treatment performed by other departments, agencies or political subdivisions to be carried out under its direction. The bureau may promulgate rules and regulations to carry out its duties and powers. It shall assume the responsibilities of section one A of chapter one hundred and thirty-two and shall be responsible for such other duties as are not otherwise vested in the division of forestry; provided, however, that all personnel of the forest, fire, shade tree and pest control units in their respective collective bargaining units at the time of this consolidation to the bureau of forestry shall remain in their respective collective bargaining units https://male�islature.�ov/Laws/GeneralLaws/PartI/TitIeXIX/Chapter132A/Section 1 F [online: cited 6 December 2016] 84 Lexington Tree Management Manual APPENDIX VIII EMERALD ASH BORER FEDERAL REGULATIONS AND QUARANTINE NOTICES https://www.law.cornell.edu/cfr/text/7/part-3 O 1/ Electronic Code of Federal Regulations e-CFR data is current as of June 14, 2018 Title 7 � Subtitle B � Chapter III� Part 3 O 1 � Subpart Title 7:Agriculture PART 301 DOMESTIC QUARANTINE NOTICES Subpart Emerald Ash Borer Contents �301.53-1 Definitions. �3 01.53-2 Re�ulated articles. §301.53-3 Quarantined areas. �301.53-4 Conditions �overnin�the interstate movement of re�ulated articles from quarantined areas. �301.53-5 Issuance and cancellation of certificates and limited permits. �3 01.53-6 Compliance a�reements and cancellation. �301.53-7 Assembly and inspection of re�ulated articles. �301.53-8 Attachment and disposition of certificates and limited permits. �301.53-9 Costs and charges. SouRCE: 68 FR 59088, Oct. 8, 2003, unless otherwise noted. 3 O 1.....� § 53-1 Definitions. Administ�ato�. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Se�vice (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Ce�ti�cate. A document that is issued for a regulated article by an inspector or by a person operating under a compliance agreement and that represents that such article is eligible for interstate movement in accordance with §301.53-5(a). Compliance ag�eement. A written agreement between APHIS and a person engaged in growing, handling,or moving regulated articles that are moved interstate,in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart. Eme�ald ash bo�e�. The insect known as emerald ash borer (Agrilus planipennis [Coleoptera: Buprestidae]) in any stage of development. Infestation. The presence of the emerald ash borer or the existence of circumstances that make it reasonable to believe that the ash borer is present. Inspecto�. Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart. Inte�state. From any State into or through any other State. 85 Lexington Tree Management Manual Limited pe�mit. A document in which an inspector or a person operating under a compliance agreement affirms that the regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit. Moved (movement, move). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Pe�son. Any association, company, corporation, firm, individual,joint stock company, partnership, society, or any other legal entity. Qua�antined a�ea. Any State,or any portion of a State,listed in §301.53-3(c)or otherwise designated as a quarantined area in accordance with §301.53-3(b). Regulated a�ticle. Any article listed in §301.53-2(a) or otherwise designated as a regulated article in accordance with §301.53-2(b). State. The District of Columbia,Puerto Rico,the Northern Mariana Islands, or any State,territory, or possession of the United States. §301.53-2 Regulated articles. The following are regulated articles: (a) The emerald ash borer; firewood of all hardwood (non-coniferous) species; nursery stock, green lumber, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips of the genus F�axinus. (b) Any other article,product, or means of conveyance not listed in paragraph(a) of this section may be designated as a regulated article if an inspector determines that it presents a risk of spreading emerald ash borer and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of the regulations. [68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005] §301.53-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State or each portion of a State in which the emerald ash borer has been found by an inspector,in which the Administrator has reason to believe that the emerald ash borer is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where emerald ash borer has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the emerald ash borer. (b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph(a)of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land,to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable. 86 Lexington Tree Management Manual (c) The following areas are designated as quarantined areas: Massachusetts The entire State. Editors Note: For purposes of relevance, all quarantine areas outside Massachusetts were omitted from the fourth print edition of the Tree Management Manual but included in the online edition. §301.53-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Regulated articles may be moved interstate from a quarantined area only if moved under the following conditions: (a) �Vith a certificate or limited permit issued and attached in accordance with §§301.53-5 and 301.53-8; (b) �Vithout a certificate or limited permit if: (1) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or (2) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions: (i) The points of origin and destination are indicated on a waybill accompanying the regulated article; and (ii) The regulated article, if moved through the quarantined area during the period of May 1 through August 31 or when the ambient air temperature is 40 °F or higher, is moved in an enclosed vehicle or is completely covered to prevent access by the EAB; and (iii) The regulated article is moved directly through the quarantined area without stopping(except for refueling or for traffic conditions,such as traffic lights or stop signs),or has been stored,packed,or handled at locations approved by an inspector as not posing a risk of infestation by emerald ash borer; and (iv) The article has not been combined or commingled with other articles so as to lose its individual identity. 3 O 1..... § 53-5 Issuance and cancellation of certificates and limited permits. (a) An inspectorl or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article: lInspectors are assigned to local offices of APHIS,which are listed in the local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 2073 7-123 6. (1)(i) Is apparently free of EAB,based on inspection; or the article or (ii)Has been grown,produced,manufactured, stored, or handled in a manner that, in the judgment of the inspector,prevents the regulated article from presenting a risk of spreading EAB; and (2) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)2 in order to prevent the artificial spread of emerald ash borer; and 2An inspector may hold, seize, quarantine,treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 423 of the Plant Protection Act(7 U.S.C. 7714, 7731, and 7754). (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles. 87 Lexington Tree Management Manual (b) An inspector or a person operating under a compliance agreement will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific processing,handling,or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of emerald ash borer because emerald ash borer will be destroyed by the specific processing,handling, or utilization; and (2) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)in order to prevent the spread of emerald ash borer; and (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with§301.53-6 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator.As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579-0233) 3 O 1..... § 53-6 Compliance agreements and cancellation. (a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement3 if such persons review with an inspector each provision of the compliance agreement. Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart. 3Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local offices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service,Plant Protection and Quarantine,Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, MD 2073 7-123 6. (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the person who has entered into the compliance agreement has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the pAdministrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as 88 Lexington Tree Management Manual practicable,the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579-0233) 3 O 1..... § 53-7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services from an inspector4 at least 48 hours before the services are needed. 4See footnote 1 to §301.53-5. (b) The regulated articles must be assembled at the place and in the manner that the inspector designates as necessary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579-0233) 3 O 1..... § 53-5 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the interstate movement of a regulated article securely attached at all times during interstate movement to: (1) The regulated article; (2) The container carrying the regulated article; or (3) The consignee's copy of the accompanying waybill:P�ovided, that the description of the regulated article on the certificate or limited permit,and on the waybill,are sufficient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the destination of the shipment. (Approved by the Office of Management and Budget under control number 0579-0233) §301.53-9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. 89 Lexington Tree Management Manual APPENDIX IX ASIAN LONGHORN BEETLE FEDERAL REGULATIONS AND QUARANTINE NOTICES htt�s://www.law.cornell.edu/cfr/text/7/cha�ter-III Electronic Code of Federal Regulations ALB e-CFR data is current as of June 14, 2018 Title 7 � Subtitle B � Cha�ter III � Part 301 � Subpart Title 7: Agriculture PART 301 DOMESTIC QUARANTINE NOTICES Subpart Asian Longhorned Beetle Contents �3 O 1.51-1 Definitions. �301.51-2 Re�ulated articles. t .e �3 O 1.51-3 Quarantined areas. �301.51-4 Conditions �overnin�the interstate movement of re,�ulated articles from quarantined areas. �301.51-5 Issuance and cancellation of certificates and limited�ermits. �3 O 1.51-6 Com�liance a�reements and cancellation. �301.51-7 Assembly and ins�ection of re�ulated articles. �301.51-8 Attachment and dis�osition of certificates and limited�ermits. �301.51-9 Costs and char�es. SOURCE: 62 FR 10416, Mar. 7, 1997, unless otherwise noted. §301.51-1 Definitions. Adrninist�ato�. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Anirnal and Plant Health Inspection Se�vice (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian longho�ned beetle. The insect known as Asian longhorned beetle (Anoplopho�a glab�ipennis) in any stage of development. Ce�ti�cate. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with §301.51-5(a). Compliance ag�eeYnent. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart. Infestation. The presence of the Asian longhorned beetle in any life stage. Inspecto�. Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart. Inte�state. From any State into or through any other State. 90 Lexington Tree Management Manual LiYnited pe�rnit. A document in which an inspector affirms that the regulated article not eligible for a certificate is eligible for interstate movement only to a specif�ied destination and in accordance with conditions specified on the permit. Moved (rnovernent, rnove). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Pe�son. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Qua�antined a�ea. Any State, or any portion of a State, listed in §3 O 1.51-3(c) of this subpart or otherwise designated as a quarantined area in accordance with §3 O 1.51-3(b) of this subpart. Regulated a�ticle. Any article listed in §301.51-2(a) of this subpart or otherwise designated as a regulated article in accordance with §3 O 1.51-2(b) of this subpart. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. 301...... § .51-2 Regulated articles. The following are regulated articles: (a) Firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera:Ace�(maple),Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Ce�cidiphyllurn (katsura), F�axinus (ash), Koel�eute� ia(golden rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), So�bus (mountain ash), and Ulrnus (elm). (b) Any other article, product, or means of conveyance not covered by paragraph (a) of this section if an inspector determines that it presents a risk of spreading Asian longhorned beetle and notifies the person in possession of the article, product, or means of conveyance that it is subj ect to the restrictions of this subpart. [62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764,Nov. 13, 1997; 68 FR 26985, May 19, 2003; 75 FR 34322, June 17, 2010; 76 FR 52542, Aug. 23, 2011; 81 FR 39176, June 16, 2016] §301.51-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph(c) of this section, each State or each portion of a State in which the Asian longhorned beetle has been found by an inspector,in which the Administrator has reason to believe that the Asian longhorned beetle is present,or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where Asian longhorned beetle has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the Asian longhorned beetle. 91 Lexington Tree Management Manual (b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subj ect to this subpart. As soon as practicable,this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable. Editors Note: For purposes of relevance, all quarantine areas outside Massachusetts were omitted from the fourth print edition of the Tree Management Manual but included in the online edition. (c) The following areas are designated as quarantined areas: MASSACHUSETTS Wo�ceste� County. The portion of Worcester County, including portions or all of the municipalities of Worcester, Holden, West Boylston, Boylston, Auburn, and Shrewsbury that is bounded by a line starting at the intersection of Route 9 (Belmont Street) and the eastern boundary of the town of Shrewsbury;then follow the Shrewsbury town boundary northerly until the Boylston town boundary; then follow the entirety of the Boylston town boundary until it comes to the West Boylston town boundary on the Massachusetts Department of Conservation and Recreation Watershed property; then along the West Boylston town boundary until it intersects Manning Street; then southwest on Manning Street in Holden to Wachusett Street(Route 31); then south on Wachusett Street to Highland Street (still Route 31); then southwest on Highland Street to Main Street; then southeast on Main Street to Bailey Road; then south on Bailey Road to Chapin Road; then south on Chapin Road to its end; then continuing in a southeasterly direction to Fisher Road; then southwest on Fisher Road to Stonehouse Hill Road; then south on Stonehouse Hill Road to Reservoir Street;then southeast on Reservoir Street until it intersects the Worcester city boundary; turn south on Oxford Street to Auburn Street; then southeast on Auburn Street crossing under the Massachusetts Turnpike (I-90) and continuing southeast on Millbury Street; at the intersection of Washington Street, turn northeast and continue along Washington Street to the northern boundary of the Massachusetts Turnpike (I- 90); then east along the northern boundary of the Massachusetts Turnpike (I-90) to the Auburn town boundary; then follow the Auburn town boundary northerly to the Worcester city boundary; continue along the Worcester city boundary until the Shrewsbury town boundary; then follow the entirety of the Shrewsbury town boundary until the point of beginning. EDITORIAL NoTE: For FEDE�aL REGISTER citations affecting §301.51-3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. §301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas. 92 Lexington Tree Management Manual (a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§301.51-5 and 301.51-8; (2) Without a certificate or limited permit if: (i) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or (ii) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions: (A) The points of origin and destination are indicated on a waybill accompanying the regulated article; and (B) The regulated article is moved through the quarantined area without stopping,or has been stored,packed, or handled at locations approved by an inspector as not posing a risk of infestation by Asian longhorned beetle; and (C) The article has not been combined or commingled with other articles so as to lose its individual identity. (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article interstate, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subj ected to other remedial measures, destroyed, or otherwise disposed of. 301...... § .51-5 Issuance and cancellation of certificates and limited permits. (a) An inspectorl or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article: lInspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (1)(i) Is apparently free of Asian longhorned beetle in any stage of development, based on inspection of the regulated article; or (ii)Has been grown,produced,manufactured, stored, or handled in such a manner that, in the judgment of the inspector, the regulated article does not present a risk of spreading Asian longhorned beetle; and (2) Is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act(7 U.S.C. 7714)2 to prevent the artificial spread of the Asian longhorned beetle; and 2An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles. 93 Lexington Tree Management Manual (b) An inspector or a person operating under a compliance agreement will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific processing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of Asian longhorned beetle because Asian longhorned beetle will be destroyed by the specific processing, handling, or utilization; and (2) It is to be moved in compliance with any additional conditions that the Administrator may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)in order to prevent the spread of the Asian longhorned beetle; and (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with §3 O 1.51-6 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. [62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001] §301.51-6 Compliance agreements and cancellation. (a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement3 if such persons review with an inspector each stipulation of the compliance agreement. Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart. 3Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local offices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 2073 7-123 6. (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the person who has entered into the compliance agreement has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation 94 Lexington Tree Management Manual and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. 301...... § .51-7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services from an inspector4 at least 48 hours before the services are needed. 4See footnote 1 to §301.51-5. (b) The regulated articles must be assembled at the place and in the manner that the inspector designates as necessary to comply with this subpart. 301...... § .51-8 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the interstate movement of a regulated article securely attached at all times during interstate movement to: (1) The outside of the container encasing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee's copy of the accompanying waybill; Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are suff�icient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the destination of the shipment. §301.51-9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. 95 Lexington Tree Management Manual APPENDIX X EMERALD ASH BORER: INITIAL QUARANTINE ORDER FOR BERKSHIRE COUNTY tt o// ss rc� r / �sts/1� � � � ts/ r ti r� � f[online: cited 23 July 2015] COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION ORDER To Suppress and Control Nuisance Conditions and Regulated Articles The Department of Conservation and Recreation(DCR) issues this Order in accordance with sections 8, 11 and 12 of Chapter 132 and section 1 F of Chapter 132A of the Massachusetts General Laws. Back�round on the Emerald ash borer The Emerald ash borer (Ag�ilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of all ash tree species (F�axinus spp.).It attacks healthy ash trees,including the native white,green and brown ash. Additionally nursery stock, logs, green lumber, firewood, stumps,branches, and wood debris of a half an inch or more in diameter are subject to infestation. After 450 - 1000 growing degree days (GDD), adult EAB beetles emerge in the spring through"D" shaped exit holes, feed on ash tree foliage for a short period, mate, and then females will widely disperse and deposit eggs along tree trunks in cracks and bark crevices. After the eggs hatch, EAB larvae bore into the inner bark layer (cambium) of a host ash tree. Larvae go through four developmental stages(instars),and then excavate a pupal chamber in the outer sapwood where they overwinter as pre-pupae. EAB will then complete the growth cycle when they pupate to adults in the early spring and again emerge between 450 1000 (GDD). Emerald ash borer has the potential of killing infested trees in 3-5 years. A new generation of Emerald ash borer is produced each year. Spread of this invasive pest into the ash hardwood forests of the United States has already caused severe economic losses. In addition,urban and forest EAB infestations will result in environmental damage,aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Order An infestation of Emerald ash borer has been identified in the town of Dalton, Berkshire County, Massachusetts. As documented in other states with infestations of EAB, this invasive species can cause widespread ash tree mortality, cause great economic and environmental damage, and requires measures to suppress, control and eradicate its spread in any area of Massachusetts. NOW THEREFORE, THIS ORDER IS ISSUED ANI) ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land in Berkshire County. 2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 3. Regulated Articles means firewood(all hardwood species under 48" in length); green ash lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or more in diameter of the following genera: Fraxinus(ash)all species; and also the Emerald ash borer beetle, regardless of developmental stage including its larvae, pupae or eggs. Any other article, product, or means of conveyance not covered by the preceding sentence shall be deemed a 96 Lexington Tree Management Manual Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subj ect to the provisions of Paragraph 8, determine that it presents a risk of spreading Emerald ash borer and notifies the Person in possession of the article,product, or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means, without limitation, any agency, city or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any natural person or group of persons. 5. No Person shall harvest, cut, move, carry, transport or ship (or authorize or allow any other Person to do the same)Regulated Articles outside of the Affected Area during the Quarantine Period, unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8,by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing and controlling Emerald ash borer (EAB) including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. 8. DCR is acting in cooperation with Massachusetts Department of Agricultural Resources MDAR) and Federal officials, specifically the United States Department of Agriculture and its Forest Service (USFS) and Animal and Plant Health Inspection Service (APHIS) to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including any municipal or Federal officials, including USFS and APHIS, to enter upon the Affected Area and undertake activities necessary for suppressing,controlling and monitoring the spread,including removing or causing to be removed,and the destruction thereof,all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. While DCR seeks to implement this Order to ensure eradication of EAB, DCR plans to do so in a reasonable manner, to the extent possible, to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished, subject to a civil penalty to be assessed by DCR and/or other relief in accordance with Massachusetts law. March 1, 2013 s/ Edward M. Lambert, J., Commissioner Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston, MA 02114 97 Lexington Tree Management Manual APPENDIX XI EMERALD ASH BORER: EXTENSION QUARANTINE ORDER FOR THE ENTIRE STATE 11/26/14 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION THIRD AMENDED ORDER To Suppress and Control Nuisance Conditions and Regulated Articles The Department of Conservation and Recreation(DCR) issues this Order in accordance with sections 8, 11 and 12 of Chapter 132 and section 1 F of Chapter 132A of the Massachusetts General Laws. Back�round on the Emerald ash borer The Emerald ash borer (Ag�ilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of all ash tree species (F�axinus spp.).It attacks healthy ash trees,including the native white,green and brown ash. Additionally nursery stock,logs,green lumber, firewood, stumps,branches, and wood debris of a half an inch or more in diameter are subject to infestation. Between 450-1000 growing degree days, adult EAB beetles emerge in the spring through"D" shaped exit holes,feed on ash tree foliage for a short period,mate, and then females will widely disperse and deposit eggs along tree trunks in cracks and bark crevices. After the eggs hatch, EAB larvae bore into the inner bark layer(cambium) of a host ash tree. Larvae go through four developmental stages (instars), and then excavate a pupal chamber in the outer sapwood where they overwinter as pre-pupae. EAB will then complete the growth cycle when they pupate to adults in the early spring and again emerge between 450 -1000 GDD. Emerald ash borer has the potential of killing infested trees in 3-5 years. A new generation of Emerald ash borer is produced each year. Spread of this invasive pest into the ash hardwood forests of the United States has already caused severe economic losses. In addition, urban and forest EAB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Order An infestation of Emerald ash borer was identified in the town of North Andover, Essex County, Massachusetts and has now been identified in Boston, Suffolk County, Massachusetts. As documented in other states with infestations of EAB, this invasive species can cause widespread ash tree mortality, cause great economic and environmental damage, and requires measures to suppress, control and eradicate its spread in any area of Massachusetts. On March 1, 2013, DCR issued an Order to suppress and control the spread of EAB in any area of Berkshire County,Massachusetts,and on April 1,2014,DCR issued a second amended order to suppress and control and eradicate EAB in any area of Essex County. DCR now issues this third amended order to include all of Massachusetts to the EAB Quarantine. This third amended order does not change or diminish any of the other terms, conditions or restrictions of any previous Order. NOW THEREFORE, THIS ORDER IS ISSUED AND ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land in the Commonwealth of Massachusetts. 2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 98 Lexington Tree Management Manual 3. Regulated Articles means firewood (all hardwood species under 48" in length); green ash lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or more in diameter of the following genera: F�axinus (ash) all species; and also the Emerald ash borer beetle, regardless of developmental stage including its larvae,pupae or eggs. Any other article,product, or means of conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subj ect to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subj ect to the provisions of Paragraph 8, determine that it presents a risk of spreading Emerald ash borer and notifies the Person in possession of the article,product,or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means, without limitation, any agency, city or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, j oint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any natural person or group of persons. 5. No Person shall harvest, cut,move, carry,transport or ship (or authorize or allow any other Person to do the same)Regulated Articles outside of the Affected Area during the Quarantine Period,unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing and controlling Emerald ash borer (EAB) including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8,by the terms of this Order is authorized to enter upon any land,including the Affected Area, to implement and conduct activities under this Order. S. DCR is acting in cooperation with Massachusetts Department of Agricultural Resources MDAR) and Federal officials, specifically the United States Department of Agriculture and its Forest Service (USFS) and Animal and Plant Health Inspection Service (APHIS)to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including any municipal or Federal officials, including USFS and APHIS, to enter upon the Affected Area and undertake activities necessary for suppressing,controlling and monitoring the spread,including removing or causing to be removed,and the destruction thereof,all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by EAB. While DCR seeks to implement this Order to ensure eradication of EAB, DCR plans to do so in a reasonable manner, to the extent possible, to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished, subject to a civil penalty to be assessed by DCR and/or other relief in accordance with Massachusetts law. Dated: November , 2014 Signed and Ordered By: John P. Murray, Commissioner Department of Conservation and Recreation 251 Causeway Street, Suit 600 Boston, MA 02114 http://massnrc.or�/pests/linkeddocuments/EABQuarantineMarch2013.pdf[online: cited 23 July 2015] 99 Lexington Tree Management Manual APPENDIX XII ASIAN LONGHORN BEETLE: COMMONWEALTH QUARANTINE ORDERS FOR WORCESTER COUNTY WITH MAP: COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION ELEVENTH AMENDED ORDER To Suppress and Control Nuisance Conditions and Regulated Articles The Department of Conservation and Recreation(DCR) issues this Amended Order in accordance with sections 8, 11 and 12 of Chapter 132 and section 1F of Chapter 132A of the Massachusetts General Laws. Back�round on the Asian lon�horned beetle The Asian longhorned beetle(ALB) (Anoplopho�a glab�ipennis), an insect native to China,Japan,Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. lt attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of a half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries would experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Order An infestation of ALB has been identified in areas of�Vorcester, Holden, �Vest Boylston, Boylston and Shrewsbury, Worcester County, Massachusetts. An infestation of this invasive species can spread quickly, cause great economic and environmental damage, and requires measures to address its eradication. On August 8, 2008, DCR issued an Order to prevent the spread of ALB, suppress, control and eradicate ALB in any area of�Vorcester County and Massachusetts. On August 20,2008,DCR issued an Amended Order, amending the August 8, 2008 Order, for 2 reasons: (1)to cover new areas, in addition to the areas covered in the Order of August 8, as specified therein; and, (2) to make clear the specific types of trees, including firewood of any type of hardwood,that are covered by the Amended Order,rather than all types of trees, as specified in the August 8, 2008 Order. Other than covering additional land areas and specifically stating and limiting the types of tree species that are regulated in the affected area, the Amended Order did not change or diminish any of the terms,conditions and restrictions of the August 8,2008 Order. On September 28, 2008, DCR issued a Second Amended Order, amending the August 20, 2008 Amended Order, solely to cover new areas in addition to the areas covered in the Amended Order. Likewise, on November 24, 2008, DCR issued a Third Amended Order, amending the Second Amended Order, once again, solely to cover new areas in addition to the areas covered in the Second Amended Order. On December 23, 2008, DCR issued a Fourth Amended Order, amending the Third Amended Order for the same sole reason to cover new areas in addition to the areas covered in the Third Amended Order. On August 3, 2009, DCR issued a Fifth Amended Order, amending the Fourth Amended Order, for the same sole reason to cover new areas in addition to the areas covered in the Fourth Amended Order, as specified 100 Lexington Tree Management Manual herein. On August 24, 2009, DCR issued a Sixth Amended Order, amending the Fifth Amended Order, for the sole reason of adding the genus Ce�cidiphyllum japonicum (Katsura) to the regulated articles stated in section 3 below. On September 24,2009,DCR issued a Seventh Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order.On July 20,2010,DCR issued an Eighth Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order. On September 21, 2010,DCR issued a Ninth Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order. On May 9,2010,DCR issued a Tenth Amended Order for the following reasons: (1)to cover new areas in addition to the areas covered by the prior Amended Order and(2)to add the genus Koel�eute�ia spp. (golden rain tree)to the regulated articles stated in section 3., below. DCR now issues this Eleventh Amended Order amending the Tenth Amended Order solely to cover new areas in addition to the areas covered by the prior Amended Order.This Eleventh Amended Order does not change or diminish any of the other terms, conditions and restrictions of the Tenth Amended Order or the Commissioner's Directive, which shall be applicable to all areas covered by this Eleventh Amended Order. NOW THEREFORE, THIS ORDER IS ISSUED ANI) ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land shown on the attached plan. 2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 3. Regulated Articles. means firewood (all hardwood species); green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash), Plantanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), U/mus (elm), Cercidiphyllum japonicum (Katsura), and Koelreuteria spp. (golden rain tree); and also the Asian longhorned beetle, its larvae or eggs. Any other article,product, or means of conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading Asian Longhorned Beetle and notifies the Person in possession of the article, product, or means of conveyance that it is subject to the terms, conditions and restrictions of this Order. 4. Person means any agency, city or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body,foreign nation,individual,trust,firm,joint stock company,partnership,association or other entity, and any officer, employee, or agent of such person, and any group of persons. 5. No Person shall harvest, cut, move, carry,transport or ship (or authorize or allow any other Person to do the same) Regulated Articles within or outside of the Affected Area during the Quarantine Period,unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8,by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing, controlling and eradicating ALB,including affixing signs to and removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by ALB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. 101 Lexington Tree Management Manual S. DCR is acting in cooperation with state and Federal officials, specifically the United States Department of Agriculture and its Animal and Plant Health Inspection Service (APHIS), and the City of �Vorcester to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including any municipal or Federal officials, including APHIS, to enter upon the Affected Area and undertake activities necessary for suppressing, controlling and eradicating ALB, including removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by ALB.�Vhile DCR seeks to implement this Order to ensure eradication of ALB, DCR plans to do so in a reasonable manner,to the extent possible,to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished in accordance with Massachusetts law. Dated: October 17, 2011 Signed and Ordered By: Edward M. Lambert Jr., Commissioner Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston, MA 02114 102 Lexi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t ual �� ,� �� ti�.��w �� 'wkM„,,,� ,p'� ,.�� ,,, �"�"�"l�L.�� o I '� �i�� 'I l�d�"�"d�hP"��`�"�1'�i" ��ry �12j �`�.t�lT!t�NV,,,,.,4 �,. � ,, ,�W�. �,�, `4i; �� ,��aw,o ,M ii�^ 4i �y'" ��2'P 'k il �fh �!"��, � B� I� �,� � .�� W.., �l. �VV� �.ppp �N II � 0 4 s. d � '�°�ii � ��' �� µ�� a�a o. �� 'j ��,,�,.m �,�� , / �4�� 11 p ��ww �x�, �� ,,„w, f�k '�� ,� ,oe. oM "r� o ' `�� i� 4�°�B�Pu,6��c�;Y.^�a" 1��"�C'A�� „. o�� c':�,r t�r`��r °�`�,� �lCJ�[.��J'� ,.,,V�"�a�Pr�r��1��'t �f �w �' ��7"��"�'��"�� ,� I� � � �"ir �`��4; �� "" r'"� 1�� .�,,,.� �p ��m�� ; / ��"��".�7"t'�fid w„,� �� u,u� �m a�„, � � V�� "��,��, 1^�;� �� N� `�, � �'�� "� � � � „� z � � � �,„ .�no,. � w„ <o� �, �7 � �'�� '4' � ,� °a, �"� �°� `4 � 5 � , �, � �� I N� � � � , � ~�? 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W�i _ „s� ��,� ��,�i� .... q,�� ,. �� s� � P ��s�. ..,,�..,,,��v��...��J�""-',. �.„ + ' ,.�or.�o,��.s�,� ,.. a��.yk �� . ,Y a'' p ., .�i ��mmi u �w.s��mm'�"' ��,�� ,d+r�, ..,n+m.�,, .,.�erW��m .. .o.�ouimy"oi e.,.(��wrn;+',ww+alwu ON rv�uo..x � w � !d `'" �� Ij r�a �.m � � �"��'��w�� I � �� o �,,, ��° r� , �.qW�� il��a d��4'�"d�� e.o � k� � �� ,�� .o.��r� �°°°� �' �� '��!� ��'� �ax, � ��' � �� , ,�,.., �� 00��,��w. � � �� ' ¢a,, .� ow�,.�� :�� ,�w ..� ��') ��,�� ,a�� i� � �,�� e��, .�� ,�� ii a..�',1�� ``' d� '�� ° ��a�w �� ,.k �� a� �� „4 '1�;i ,� ��E� "`y�� F� �� ,�� , � ti W�� ; ��.�� ``�n��, � ,��8��''N� s ��W� ��ry ..., {d �II� f..�� k � .. ,�,� ��} �� I�� , �'" �'�y'"»�" � "" '� III � ,� ��_ .�.�� `�i� 4�N I� 1+4�? �„„ � � �<<iiµii �I ��, '�� Nip,� �� M'�w�yM. m�� II �� „o s+ Fff h ih w,� Ir�UM VJ�m �I�. �� al�t��Ac��+��up�p�r��r��rr�r�l th�A�i�rr��n�h+�rn��U� ��,�� t+��a�r�I�",��1�1 �.�.� �� • � �Irw��r�h;�t� � .��x,��.��;� �lJi,�,Hli�f��y �� .� °�Y I�^Unll� i � ..,��c�� IC}�Y—W"111,N�"1'"%i�:)��"�"��"C�I�d�� 4�rcr�a��r��M��t��9��t,A�krgwi�rl�t�r�1�o(°n�r a�l��+��s��w��u,ap�il�lu�I��un�sr�tt�a��N�as��(�il�'b��i��r9�#as:ik��u�. 1�3 Lexington Tree Management Manual APPENDIX XIII ASIAN LONGHORN BEETLE: COMMONWEALTH QUARANTINE ORDERS FOR BOSTON AND BROOKLINE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF CONSERVATION AND RECREATION ORDER To Suppress and Control Nuisance Conditions and Regulated Articles Within the City of Boston,Suffolk County,and the Town of Brookline,Norfolk County,Massachusetts The Department of Conservation and Recreation and its Bureau of Forestry (DCR) issues this Quarantine Order in accordance with sections 8, 11 and 12 of Chapter 132 and section 1 F of Chapter 132A of the Massachusetts General Laws. Back�round on the Asian lon�horned beetle The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. lt attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber,firewood,stumps,roots,branches,and wood debris of a half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches,causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in,the interiors of trees.Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime)that they bore through branches and trunks of trees.After emerging,adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries would experience severe economic losses. In addition,urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Purpose of this Quarantine Order An infestation of ALB has been identified in an area of the City of Boston, Suffolk County, and the Town of Brookline, Norfolk County, Massachusetts. An infestation of this invasive species can spread quickly, cause great economic and environmental damage, and requires measures to address its eradication. The purpose of this Order is to prevent the spread of ALB, suppress, control and eradicate ALB in any area of Massachusetts. NOW THEREFORE, THIS ORDER IS HEREBY ESTABLISHED, SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS: 1. Affected Area. This Order applies to all public and private land shown on the attached plan. 2. Regulated Period.This Order is effective immediately and will remain in effect until rescinded or modified in writing by the Commissioner of DCR. 3. Regulated Articles means firewood (all hardwood species); green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or 104 Lexington Tree Management Manual more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash), Plantanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), U/mus (elm), and Cercidiphyllum japonicum (Katsura); and also the Asian longhorned beetle, its larvae or eggs. Any other article, product, or means of conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading Asian Longhorned Beetle and notifies the Person in possession of the article, product, or means of conveyance that it is subj ect to the terms, conditions and restrictions of this Order. 4. Person means any agency, City or town, or political subdivision of the Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or authority, any interstate body,foreign nation,individual,trust,firm,joint stock company,partnership,association or other entity, and any officer, employee, or agent of such person, and any group of persons. 5. No Person shall harvest, cut, move, carry,transport or ship (or authorize or allow any other Person to do the same) Regulated Articles within or outside of the Affected Area during the Regulated Period, unless specifically authorized in writing by the Commissioner of the Department of Conservation and Recreation. 6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8,by the terms of this Order is authorized to make use of and require the use of all lawful means of suppressing, controlling and eradicating ALB,including affixing signs to and removing or causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by ALB. 7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the Affected Area,to implement and conduct activities under this Order. S. DCR is acting in cooperation with state and Federal officials, specifically the United States Department of Agriculture and its Animal and Plant Health Inspection Service (APHIS), and the City of Boston and the Town of Brookline to achieve the purposes of this Order. DCR may authorize, under separate agreements,DCR's duly authorized agents or designees, as identified in Paragraphs 6 and 7 above, including municipal officials or Federal officials, such as APHIS, to enter upon the Affected Area and undertake activities necessary for suppressing, controlling and eradicating ALB, including removing or causing to be removed and the destruction thereof of all Regulated Articles within the Affected Area that are, may be or have the potential to be infested or infected by ALB. �Vhile DCR seeks to implement this Order to ensure eradication of ALB, DCR plans to do so in a reasonable manner, to the extent possible, to minimize impacts to private property. 9. Any Person who knowingly resists, obstructs or violates this Order may be punished or subject to a civil penalty in accordance with Massachusetts law. Dated: July 6, 2010 Signed and Ordered By: Richard K. Sullivan, Jr., Commissioner Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston, MA 02114 105 Lexington Tree Management Manual APPENDIX XIV LEXINGTON TREE BYLAW RULES AND REGULATIONS When does the Tree Bylaw apply? Lexington's Tree Bylaw (http://ecode360.com/10535335� applies to trees 6" DBH or greater(or multiple trunk tree totaling 15" or greater) in the setbacks ("protected trees") of properties undergoing demolition or major construction, i.e., new construction or the increase of a building's footprint by 50% or more. An example of the setback is shown below. The Tree Bylaw setback may be different than the property's zoning setback. ��r��af prca�a�r�r� N_._._._._a_._._._._..�._...._�_._._�_._._._.,.._._._._._._._._._._._._.,....._._._._._._n�._._._._._._._n_�_..._._._..�.,�.,�._._._._._._._n_._..,._._._._._._._._._.� � « � ; c ; � ' I�� w � � ; � ; w i 1 p � N 1 � M � 't M G 7�d��I 1�4�bJ��I��U Ak I4r��J'"""li, a ; ��u%�a�+��"��u��r�di��_�. r � ; � � ; .� ,�.� ' � � ,,,, « � M ��i i �y � � i�� j�� ,��//�„////J�/�/i�j/%%%%%%%%%%// � � � /�� (,� ,�^ iiiii �/x re ��iiiiiiiiiiiii � i ��1�"�`� iiii �) �"i%%%%%/ �«��.""� ! 5�. i iiii �� N �"" � w ��/�ii%//////////%%%%%%%/ ' � ';;;;:,,: ,,:,,:,,: �� i � � � � � 9 , X � � N ,,�r;�r�iiiiiiii//%//ii%%%/� i i .� .� w � � � N e M i N i i i w i i i N i � i w i i i M M 1 Y A N ! � N 1 � M � M 1 1 A 1 N 1 � N " ��'� � � " « � p ; ; t ; � M � « � ; i ; � ; � � �_.�._v_,_,�._._._a_._._v_._..�._._._.__,_o_._o_._v_,_,__„_._a_._._._._.�.�.,_._,�,__._o_._._._,_.__._._._,�_.._._a�._v_._.__.�_o_._._._._.�._._._._.y ��c��'�r�c�p��r��r:T'�w�right��a�=w�.�r 1. Tree Protection Plan In accordance with sections � 120-8B(2) and � 120-8D, when major construction or demolition is planned, the owner of the property shall submit to the Tree Warden 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. The Tree Warden must approve any actions that will affect public shade trees. All tree protection measures including installation of Tree Save Area fencing and root pruning to reduce the Tree Save Area on trees whose critical root zones will be encroached upon by construction activities must be completed, documented and submitted to the Tree Warden by a certified arborist before any ground disturbing activities, including demolition or tree removal, begins. 106 Lexington Tree Management Manual a) The fenced Tree Save Area is defined as the area within the drip line of a tree, or a circle with a radius from the tree trunk of one (1)foot for every inch of DBH, whichever is greater, unless the Tree Save Area will be reduced by root pruning. If the certified arborist determines the protective fencing cannot be installed at the drip line, then proper root pruning and trunk protection should be carried out. Ideally the minimum distance from the trunk to the fencing will be six (6)feet. See Fi__ure 13 and sections d), f) and g) below. b) Fencing must be 5' or higher high chain link or welded wire attached to stable metal posts or stakes set securely in the ground, spaced a maximum of eight (8)feet apart. c) Each fenced Tree Save Area shall include signs reading, "TREE SAVE AREA— PLEASE KEEP OUT"/"AREA DE AHORRO DE ARBOLES— ENTRADA PROHIBIDA POR FAVOR", in both English and Spanish d) Tunneling is preferred to root pruning, where possible. See Fi__ure 14. e) Root pruning should be performed prior to any excavation or demolition and only by or under the supervision of a certified arborist. See Fi__ure 14. i) Excavate using an air spade, hydro excavation or hand tools to expose roots. ii) Cut roots cleanly, removing no more than 40% of roots. iii) Backfill and water immediately. iv) If the hole must be left open past the end of day, cover roots with wet burlap. v) Monitor tree health and supply adequate water and mulch. f) If a grade change is needed within the critical root zone, root pruning is required before that grade change is made. Create terraces with retaining walls to maintain the original grade around the retained critical root zone. See i g) Trunk Protection: When a certified arborist has determined that fencing is not possible, loosely tie protective 2x4 lumber around the tree trunk with rope, do not use wire. Attach the rope to the 2x4's using staples. Do not drive fasteners into the tree. Height of the lumber shall be from the tree base including root flare to the bottom of the first branch, typically 6-8'. The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding, one-quarter(�/4) inch thick minimum, can be placed between the trunk and the lumber for added protection. h) Soil Protection: Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable as determined by the certified arborist, either a minimum one-half(�/2) inch steel plate placed on top of a two (2) inch minimum bed of mulch (e.g. wood chips) or a minimum of three-quarter(3/4) inch plywood over a four(4) inch bed of mulch may be used to bridge over the protected root zone in the tree protection area. i) Any changes during the course of construction that will impact an existing Tree Save Area requires that an updated Tree Protection Plan by a certified arborist be installed, documented and submitted to the Tree Warden before that work may commence. j) All tree protection fencing will remain in place until landscaping begins. 2. Removal of a Protected Tree In accordance with section � 120-8, in order to remove a Protected Tree, the following will be required: a) A completed and signed i i i i i i b) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town's ViewPoint Cloud online permitting portal. c) Mitigation of the removed protected tree(s) as described in sections 5 through 7 below. 107 Lexington Tree Management Manual 3. Removal of a Hazardous and/or Dead Protected Tree In accordance with section � 120-9, in order to remove a Protected Tree that is hazardous or dead and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application b) A completed and signed i i i I " " i i related to the Tree provided by a Certified Arborist, submitted with the permit application. c) A signed i i i i using the attached form, submitted with the permit application. d) Photographs of the Protected Tree, including full tree view and the area of the hazardous tree where the dead or hazardous area(s) can be observed, submitted with the permit application. e) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town's ViewPoint Cloud online permitting portal. 4. Removal of an Invasive Protected Tree In accordance with section � 120-9, in order to remove a Protected Tree that is an invasive species and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application b) Identification of the Protected Tree by a certified arborist as a species on the attached i c) Photographs of the Protected Tree, including a full tree view and the area of the invasive tree where its species can be observed, submitted with the permit application. d) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town's ViewPoint Cloud online permitting portal. 5. Calculation of Replacement Inches for Mitiqation In accordance with section � 120-16, mitigation will be calculated in terms of"replacement inches" according to this table: Replacement Inch Calculation Table Level Removed Tree Replacement Inches Level 1: Less than 24" DBH; or a tree of any size to be Same as inches removed in order to comply with a condition, removed restriction or requirement of a local, state, or federal permit Level 2: 24" DBH and larger 4 times inches removed 108 Lexington Tree Management Manual 6. Mitiqation of Removed Protected Trees In accordance with section � 120-8C, when a protected tree is removed at least one of the following is required: a) Replanting one (1) inch caliper of new tree(s)for each replacement inch of trees removed. New trees must be 3" caliper or larger. Evergreens must be a minimum of 6' in height. The only arborvitae that will be accepted for mitigation planting is Thuja p/icata x Standishii, Green Giant Arborvitae. b) Replanting one-quarter (�/4) inch of new tree(s)from the i (Section V.B.5 of the Lexington Tree Management Manual and attached) for each replacement inch of tree(s) removed. r I , t r ( ) in c li r tr fr t i li t ill cr it it t Iv (1 ) i n c f iti ti I nti I u r r cu Itiv r t t r n t t I t f rt ( )f t i t i ( ) i t tu rity n t u I ify I r tr . c) Payment to the Lexington Tree Fund of two hundred (200) dollars per replacement inch not already mitigated by replanting. This provision is not allowed until the requirements of section 7 below are satisfied. d) Minimum street frontage planting as described in section 7 below must be completed before mitigation planting elsewhere on the property is credited or payment to the Tree Fund in lieu of replanting is allowed. 7. Minimum Street Frontaqe Mitiqation Plantinq In accordance with section � 120-8C5, when mitigation for the removal of protected tree is owed, the following will be required: a) Replanting is required only until the mitigation owed is accomplished or the desired minimum street-frontage spacing is achieved, whichever occurs first. b) Minimum street frontage planting must be completed before mitigation planting elsewhere on the property is credited. c) Trees will be planted in the front setback or the town right-of-way to achieve 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, and no greater than a 35' gap from a tree to the property line, as measured along the street frontage. d) Planting in the front setback is preferred. Planting may occur in the Town right-of-way with permission of the Tree Warden. e) Replanted trees shall be selected from the i , unless there are mitigating circumstances as delineated in the i i i �� From the standpoint of creating public shade, a small tree under wires will be considered equally as good as a large tree farther back on the lot. Small trees planted near streets and sidewalks should have upright or vase shapes when mature so as to not impede vehicular, bicycle or pedestrian traffic. Recommendations may be found in the list of Best Small Street Trees Under Wi res�� g) Consider medium-sized trees (�40' mature height)when a larger tree would shade solar panels on the front of the house. h) These requirements are subject to availability of suitable planting sites, as delineated in the i i i 109 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al 8. Sur�i�al of Retained Protected Trees and Mitiqation Plantinqs In accordance with sections § ��-8C�G} and § ��-8D��}, retained protected trees and new trees planted for mitigation credit must be maintained in good health for � year from the date the Certificate of �ccupancy is issued. If a retained protected tree dies or is remo�ed in this time period, the owner of the property will pro�ide mitigation for the dead or remo�ed tree. If a tree planted as mitigation dies within � year, the owner of the property will replace the tree within 9 months. . � �s im� � an a r�� . 1 S W�11 ��.�'S �. �. . � 11�� S lYll� . 1S 11�W. Chinese Proverb 11� L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Fi�u�E �� PR�TE�TI N� TREE� DU RI N� ��N�TRU�TI�N � a � � � � w � �� dripline dripline a �' min �i � �� I �r �� .�� w �� Tree Sa�e Area �� , �� «�� ;�� „��. . .....� , � � � � r� �' w a m + �� v „u� , �;� � ��p ��i r� u�u !� w � � � � r �,�u i �tl�g ..iu �� " /� ��J �! ipk�°�,�. �`i� AWP,�Jp�•��,�m l�'��,�o�r`�A��Q ��V t '�Fq� ¢j�,�kn�Aicu+r� �� + .. N V o-� ✓� E �n � ,..�� .,�I� "�,� � � a�ry �� .�� " �,�� , df 4 � � - �� , � , � �,�u� � � � m �, �� ,e. ., d, o� � � ...� f , � � � „ �•.. ... . � , .y � � °� �� , � m._ �` ' ' C�`��I�� `�+��:��1� • Install a protecti�e fence to create a Tree Sa�e Area. The Tree Sa�e Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of � foot for e�ery inch of DB H, wh iche�er is greater. o Use �' high or higher chain link or welded wire with stable metal stakes or posts inserted in the ground and spaced a maximum of eight �8}feet apart. o If protecti�e fencing cannot be installed at the dripline of a tree, then it should be installed as far away from the tree trunk as possible, ideally a minimum of six �5}feet. o Each fenced Tree Sa�e Area shall include signs reading, "TREE SAVE AREA— PLEASE KEEP �UT"l"AREA DE AH�RR� DE ARB�LES — ENTRADA PR�HIBIDA P�R FAV�R", in both English and Spanish and should be placed in a highly �isible location. o Tree protection shall be placed before ground disturbing acti�ities, including tree remo�al and demolition, start and shall remain in place until all construction has been completed. • Trunk Protection: If the protecti�e fencing cannot be installed to protect the tree trunk, then trunk protection should be installed. Loosely tie protecti�e 2x4 lumber around the tree trunk with rope, do not use wire. Attach the rope to the 2x4's using staples. Do not dri�e fasteners into the tree. Height of the lumber shall be from the tree base including root flare at the bottom of the first branch, ty��aiiy s��to ��nt ��-8}feet. The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding, one-quarter ��/�} inch thick minimum, can be placed between the trunk and the lumber for added protection. 111 Lexington Tree Management Manual • Soil Protection: Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable either a minimum one-half(1/2) inch steel plate placed on top of a two (2) inch minimum bed of mulch (e.g. wood chips) or a minimum of three-quarter (3/4) inch plywood over a four (4) inch bed of mulch may be used to bridge over the protected root zone in the tree protection area. • Take special care with backhoes and other machinery to minimize damage to roots, trunk, limbs and overhead branches. 112 Lexington Tree Management Manual � �� '" �I � 1 � N � � � i � � �I � 1 � 1 1 �� 1 � N �� 1 � I ��I !��I�� I I 1 � M 1 � M � 1 � � � 1 � � � � � � � 1 � �j �� I I�� '��:�� ; I �� " � � � � � � � � � � � �� ,� �► � �. � � �� .. �� . �m , .. . AM . .. .�..�i I��WW�µI � . � ..... ��µ��MW ��. . � ��a�a�a�m �� :. �� I uV � . ..�+� —� .. . � �.. . � � � , � � � � � � � �. �� , � � � � � � �' � �� r��'��.��"�� o�� "��um�� I�"�"�i�i��i ��'��"��"�� . � �fi��w�w��i��w��i��wr��I��i��,�� w��i�� I��i��w��w�� u��a� �w�� i��i��°��w�w��. � ��u�� w�� i��w�� w°�+��a��w��u��w��w��1�� r�� w�� r��i��w��r�°��'��,. � ��i��'��'1��'"��I�"I��fii��,�"": «� I��u��w�� w��i�� ,��w��1�� I��w�i�� u�w�� u��°�� u�� 113 L exi�tgto�t T�ee 1Vla�t age�n e�t t 1Vla�t u al Figure 'I� RAaE HAN E LJIaELINE � �� n��r�v��r�.�l� �,�,,,.� �r�v�ic�u�s�c��d� � � _ .� �.�..� _._.�, ` .�.�----� „� �,:,� .._ .�_• ��„„ ��, � "• .� �.. �. .�✓�� '� �"��p� - �„� � � �w, �~ ��""� ""' _ ,,� �""�'""k` .µ�. '"� „�.r�,�` ��"� �� '" '``�.�' �-�� ..�.�". . �,�✓ �:. ��^" "��+.�,.�� A, � J� d�.,; ��'w,„�� ,. ....'�-•�✓,�'�;,k ti. "",.�.'V ` ��.'- r � � ... �� .�w, � ��, '�. �'r�.. . r "^°.�-^°"" � , �"" � � / � v r � r � � �' ��„. ,��m�.�. .�,L f� �," ,.M;. . �/' ��„.�, ..s;'° ��`�� `�„✓ [� T�,,,�"�„� r ,. � ,', ,., IVIAINTAIN EXISTING GRADE AR�UND TREE Protect trees by creating terraces with retaining walls to maintain the original grade around the root zone. Cutting or sha�ing roots or piling soil on top of roots to create a continuous new grade will slowly kill the tree. A�oid drainage changes that could mean a tree gets too much water or not enough. • If a grade change is needed within the critical root zone, root pruning is required before that grade change is made. See Figure '14. 114 Lexington Tree Management Manual � Basic Tree Risk Assessment Form Client Date Time Address/Tree location Tree no. Sheet of Tree species dbh Height Crown spread dia. Assessor(s) Tools used Time frame Target Assessment L Target zone a� � � � � Occupancy �; � s s s rate o�' � � Target descripfion Target protection 3•� 3= 3 X 2_occas onal �� Lo,o X �� 3—frequent �> �� 4—constant a� � Q 1 2 3 4 Site Factors History of failures Topography Flat❑Slope❑ % Aspect Site changes None❑ Grade change❑ Site clearing❑ Changed soil hydrology❑ Root cuts❑ Describe Soil conditions Limited volume❑Saturated❑ Shallow❑ Compacted❑ Pavement over roots❑ % Describe Prevailing wind direction Common weather Strong winds❑ Ice❑ Snow❑ Heavy rain❑ Describe Tree Health and Species Profile Vigor Low❑ Normal ❑ High❑ Foliage None(seasonal)❑ None(dead)❑ Normal % Chlorotic % Necrotic % Pests/Biofic Abiofic Species failure profile Branches❑ Trunk❑ Roots❑ Describe Load Factors Wind exposure Protected❑ Partial❑ Full❑ Wind funneling❑ Relative crown size Small❑ Medium❑ Large❑ Crown density Sparse❑ Normal❑ Dense❑ Interior branches Few❑ Normal❑ Dense❑ Vines/Mistletoe/Moss❑ Recent or expected change in load factors Tree Defects and Conditions Affecting the Likelihood of Failure —Crown and Branches— Unbalanced crown❑ LCR % Cracks❑ Lightning damage❑ Dead twigs/branches❑ %overall Max.dia. Codominant❑ Included bark❑ Broken/Hangers Number Max.dia. Weak attachments❑ Cavity/Nest hole %circ. Over-extended branches ❑ Previous branch failures❑ Similar branches present❑ Pruning history Dead/Missing bark❑ Cankers/Galls/Burls❑ Sapwood damage/decay❑ Crown cleaned ❑ Thinned ❑ Raised ❑ Reduced ❑ Topped ❑ Lion-tailed ❑ Conks❑ Heartwood decay❑ Flush cuts ❑ Other Response growth Condition(s)of concern Part Size Fall Distance Part Size Fall Distance Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Likelihood of failure Improbable❑ Possible❑ Probable ❑ Imminent❑ Likelihood of failure Improbable❑ Possible❑ Probable ❑ Imminent❑ —Trunk— —Roots and Root Collar— Dead/Missing bark ❑ Abnormal bark texture/color❑ Collar buried/Not visible❑ Depth Stem girdling❑ Codominant stems ❑ Included bark❑ Cracks❑ Dead ❑ Decay❑ Conks/Mushrooms❑ Sapwood damage/decay❑ Cankers/Galls/Burls❑ Sap ooze❑ Ooze ❑ Cavity❑ %circ. Lightning damage❑ Heartwood decay❑ Conks/Mushrooms❑ Cracks❑ Cut/Damaged roots❑ Distance from trunk Cavity/Nest hole %circ. Depth Poor taper❑ Root plate lifting❑ Soil weakness❑ Lean ° Corrected? Response growth Response growth Condition(s)of concern Condition(s)of concern Part Size Fall Distance Part Size Fall Distance Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Likelihood of failure Improbable❑ Possible❑ Probable ❑ Imminent❑ Likelihood of failure Improbable❑ Possible❑ Probable ❑ Imminent❑ Page I of 2 115 Lexington Tree Management Manual Risk Categorization Likelihood Failure Impact Failure&Impact Consequences Target Condition(s) (from n�atrix 1) (Target number Tree part a� of concern � � a T a, � Risk or description) � � °J � 3 T s � � `� rafi ng o � c�a � ° � � y �, _ �� ?G � � •N O •� i 3 GJ dA � � � •i •� � � � (from � a° a � > J � ° � a� � � °' � 2 � cn � > Z � N N Matrix 2) I I Matrix .Lil<elihood matrix. �� . �� w � � �� ,,,,,,,,,,,,,,,,,,,,,,,, Likelihood Likelihood of Im act p �� . �� .;�� of Failure Very low Low Medium High I m m i n e nt U n I i ke l y S o m e w h a t I i ke l y L i ke l y Ve ry I i ke y �� . �� Probable Unlikely Unlikely Somewhat likely Likely Possible Unlikely Unlikely Unlikely Somewhat likely I m ro ba b l e U n I i ke I U n I i ke I U n I i ke I U n I i ke I . ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,; p Y Y Y Y Matrix 2.Risl<ratin matrix. g . . Likelihood of Consequences of Failure ��. �. �� w � �� Failure&Impact Negligible Minor Significant Severe Very likely Low Mo erate High Extreme �� . �� ,�� Likely Low Moderate High High Somewhat likely Low Low Moderate Moderate Il��r�:.11�� ///i%/ii�/////%//iii;;�iiiiii� Unlikely Low Low Low Low %�� ,,,, � , /� �,,,,. , ; ; % Notes,explanations,descriptions ,; ii ,%�' , ;,. �� ,,,.. ,,. �� ,u �,,, , ,,,. ,� %,,,,� ,, iioiiiiif;,�,,,//ii/l%%/a�';�, Mitigation options 1. Residual risk 2. Residual risk 3. Residual risk 4. Residual risk Overall tree risk rating Low❑ Moderate❑ High❑ Extreme❑ Overall residual risk None❑ Low❑ Moderate❑ High❑ Extreme❑ Recommended inspection interval Data ❑Final ❑Preliminary Advanced assessment needed❑No❑Yes-Type/Reason Inspecfion limitafions ❑None ❑Visibility ❑Access ❑Vines ❑Root collar buried Describe This datasheet was produced by the International Society of Arboriculture(ISA)—2017 Page 2 of 2 116 Lexington Tree Management Manual `�vg MORN� o�` 1775 �� . v N � Town o Lexzn ton � g Q X � Q N w Z V D Q�m o`A' � De partment of Public Works y � z � 3 � a'� APRIL 19TH t FX 1 N G�� Attestation of Certified Arborist Date I, , certify that: 1. It is my professional opinion that the tree (the "Tree") identified in the accompanying permit application and ISA Basic Tree Risk Assessment form (the "Assessment Form"), in accordance with a Level 2 ISA, BMP Tree Risk Assessment, is dead or at high or extreme overall risk and that no alternative reasonable mitigation of the risk exists other than by the removal of the Tree; 2. I have personally overseen the inspection of the Tree and the property on which it is located (the "Property") that is referred to in the attached Assessment Form and this Certification and have stated my findings accurately. The extent of my assessment of the Tree is stated in the attached Assessment Form; 3. I have no current or prospective ownership interest in the Property associated with the Tree that is the subject of this Assessment Form and Certification, and I have no personal interest or bias with respect to the parties involved; 4. The analysis, opinions and conclusions stated herein are my own; 5. My compensation associated with this ISA Basic Tree Risk Assessment and this certification is not contingent upon the reporting of a predetermined conclusion that favors the cause of the owner of the Property or any other party; and 6. All of the above statements are made in my professional judgment in accordance with standards of conduct required for certified arborists. Signature ISA Number MCA Number 117 Lexington Tree Management Manual LEXINGTON INVASIVE TREE LIST FOR TREE BYLAW EXEMPTION Common Name Scientific Name sycamore maple Acer pseudoplatanus tree-of-heaven Ailanthus altissima autu m n ol ive Elaeagnus umbellata European buckthorn; glossy buckthorn Frangula alnus; Rhamnus frangula melaleuca Melaleuca quinquenervia catclaw mimosa Mimosa pigra Am u r cork-tree Phellodendron amurense Japanese black pine* Pinus thunbergii* Callery (Bradford) pear** Pyrus Calleryana** large gray willow Salix atrocinerea; Salix cinerea ssp. oleifolia gray willow; rusty willow Salix cinerea *Listed in 2017. As of 12/31/2022, nursery agents/growers may no longer receive or begin propagation. Existing stock received or propagated before this date may be sold until 12/31/2025. This tree will not be accepted as mitigation planting. ** Listing on the MA Prohibited Plants List expected by the end of June 2024, after a 2022 recommendation by Mass. Invasive Plants Advisory Group. Even if commercially available after this date, this tree will not be accepted as mitigation planting. Why we have excluded from exemption two trees that are on the MA Prohibited Plant List: Acer platanoides (Norway maple) Widely planted as a replacement for American Elm in the early 20th century, Norway maple represents such a large percentage of Lexington's tree canopy that we cannot encourage its wide- scale removal at this time. Exemption from the mitigation requirement of the bylaw does not accurately reflect the value of mature Norway maples. Many municipalities advise that small specimens be removed, and mature ones allowed to live until they decline, at which point they should be replaced with native canopy species. Robinia pseudoacacia (Black locust) While the species is native to central portions of Eastern North America, it is not indigenous to Massachusetts. It has been planted throughout the state since the 1700's and is now widely naturalized. It behaves as an invasive species in areas with sandy soils. Black locust seeds do not disperse as widely as do Norway maples, and the trees support many forms of wildlife. The tree's presence in pockets in Lexington provides much-needed shade. As with Norway maples, removal of seedlings and gradual replacement of declining mature trees is a practical approach that retains tree canopy. 118 Lexington Tree Management Manual LARGE SHADE TREE LIST Large shade trees for 4x mitigation credit have a mature height of at least 40' and spread of at least 30'. No columnar cultivars qualify unless they meet those criteria. Trees not native to New England were included only if they offered characteristics that may be hard to find in native trees available in 3" caliper size. No western trees are included. Common Name Scientific Name Acceptable Attributes cultivars Bald Cypress Taxodium distichum (native to `Monarch of Illinois' Pyramidal deciduous conifer southeast/mid-Atlantic) 50-70'h x 20-30'w, suitable street tree Basswood Tilia americana (NE native) 60-80'h x 30-55'w, salt-sensitive Birch, River Betula nigra (NE native) 40-70'h x 40-60'w, exfoliating bark, suitable street tree Birch, Black or Betula lenta (NE native) 40-55'h x 30-45'w, fall color Sweet Black Walnut Juglans nigra (NE native) 50-75'h x 50-75'w, oval to rounded crown on tall trunk at maturit Butternut Juglans cinnera (NE native) 40-60'h x 30-50'w Catalpa, Northern Catalpa speciosa (NE native) 40-60'h x 20-40'w, pannicles of bell-shaped flowers Cherry, Black Prunus serotina (NE native) 60-90'h x 35-50'w, small white flowers and black fruits Elm, American Ulmus americana (NE native) DED-resistant: 60-80'h x 50-70'w, vase shape, `Princeton' suitable street tree. U structure `Jefferson' branching (Jefferson) preferable to `New Harmony' V structure (Princeton), `Valle For e' Hackberry Celtis occidentalis (southern 40-60'h x 40-60'w, cylindrical at NE native) maturity, suitable street tree tolerates urban environments Hemlock, Tsuga canadensis (NE native Not used as hedge 60-80'h x 25-40'w, fine-textured Canadian or needled evergreen. Placement on Eastern cool, damp N slope critical for tree's health and survival. May require treatment for wool adel id. Hickory, Carya ovata (NE native) 50-100'h x 20-40'w, few pests or sha bark diseases, fruit can be litter problem Honeylocust Gleditsia triacanthos inermis Shademaster, 50-60'h x 25-35'w, casts open light midwest native Sk line, Halka shade, suitable street tree Kentucky Gymnocladus dioicus (Midwest Male cultivars only 60-75'h x 30-50'w, tolerant of tough Coffeetree native) conditions and unattractive for much of year, best used as street tree, not specimen tree Magnolia, Magnolia acuminata (NE 50-80'h x 50-80'w, flowering Cucumber native Maple, Red Acer rubrum (NE native) 40-70'h x 20-40'w, fall color, suitable street tree Maple, Sugar Acer saccharum (NE native) `Fall Fiesta' 75'h x 30-50'w, needs lots of `Commemoration' ground space and water for health `Flash Fire' and survival, not suitable as street `Green Mountain' tree 119 Lexin ton Tree Mana ement Manual Oak, Black Quercus velutina (NE native) 50-60'h x 50-60'w, not suitable as street tree Oak, Bur Quercus macrocarpa (native to 70-80'h x 70-80'w, excellent park central plains) and large area specimen tree, suitable street tree Oak, Chestnut Quercus montana (NE native) 60-70'h x 60-70'w Oak, Pin Quercus palustris (NE native) 75'h x 40'w, downward branching makes unsuitable next to street, good as setback tree Oak, Red Quercus rubra (NE native) 75'h x 30-45'w, suitable street tree Oak, Scarlet Quercus coccinia (NE native) 75'h x 40-50'w, late scarlet or russet fall color, not suitable street tree Oak, Swamp Quercus bicolor(NE native) 50-60'h x 50-60'w, drought White resistant, easier to transplant than white oak, ellow fall color Oak, White Quercus alba (NE native) 50-80'h x 50-80'w, good park/meadow tree, slow growing, not suitable street tree Pine, Eastern Pinus strobus (NE native) Many 50-80'h x 20-40'w, needs sun, easy White to transplant, branches break in hi h wind, not suitable street tree Sassafrass Sassafras albidum (NE native) 30-60'h x 25-40'w, 3 forms of leaves, hard to transplant, forms colonies, not suitable street tree Sweetg u m Liquidambar styraciflua (native 60-75'h x 40-50'w, beautifu I to southern NE) variable fall color, messy fruit, suitable street tree if roots have enou h room Sycamore, Platanus occidentalis (NE 75-100'h x 75-100'w, massive trunk American native) with flaking bark, open crown, good street tree Tuliptree Liriodendron tulipifera (NE 70-90'h x 35-50'w, fast-growing tall native) tree with tulip-shaped leaves and greenish-yellow flowers, some cultivars suitable as street trees Tupelo Nyssa sylvatica (NE native) `Wildfire' Glossy green leaves with bright fall `Green Gable' color, bluish black fruit, suitable street tree Yellowwood Cladrastis kentukea (native to 30-50'h x 40-55'w Broad, rounded southeast) crown with panicles of white, fragrant flowers, not suitable as street tree due to low branching; ood setback tree 120 Lexington Tree Management Manual ACCEPTABLE TREE PLANTING SITE GUIDELINES Unless otherwise specified, numbers given are minimum distances from tree center: at least 3' x 6' or 16 square feet with minimum Tree pit size width of 3' (Low oxygen trees preferred for small spaces) Distance from curb edge, where street has curb 30" Distance from adjacent trees 15'-40', varies with species Distance from street intersections 20' Distance from driveways 5' Distance from fire hydrants 10' Distance from underground utility lines 10' Distance from gas or water valve 10' Height of trees under utility lines 30' maximum at maturity Distance from street lights 10', varies with species Distance from utility poles 15' Distance from stop sign 20' Distance from traffic signs Depends on sightline requirements Distance to opposite obstructions 5' Suggested distance from parking meters 5' Passage for ADA considerations 3' wide sidewalk Passage for sidewalk plows 5' wide sidewalk Distance from house 20' Distance behind overhead wire for large tree 10' Mitigating circumstances would shade solar installation within 10 years. Less than ideal conditions will be evaluated on a site-by- site basis. 121 Lexington Tree Management Manual BEST SMALL STREET TREES UNDER WIRES Less than 30'h, upright or vase shaped at maturity, salt and drought tolerant. Common Scientific Name Acceptable Attributes Suitable for Name cultivars curb strip planting Alleghany Amelanchier laevis 15-30'h x 8-18'w, early showy Only single Serviceberry (NE native) white flowers, fall color stem Am u r Maackia amurensis 20-30'h x 20-35'w, frag ra nt N o Maackia (non-native) white midsummer flowers Canada Red Prunus virginiana Canada Red', 20-25'h x 15-20'w, green spring Only single Chokecherry 'Canada Red'(NE 'Shubert' leaves turn purple in summer, stem native) white flowers and small redish- purple fruits Crabapple Malus spp. Columnar types Showy flowers, fruit No such as `Adirondack' `Sentinel' `Strawberry Parfait' European Sorbus aucupani 25-30'h x 15-25'w, showy Only single Mountain (non-native) flowers and fruit, EAB resistant stem Ash Flowering Prunus sargentii `Accolade' 15-25'h x 15-25'w, showy No Cherry (non-native) `Amanagawa' flowers, fruit, short-lived or Prunus serrulata `Royal (non-native) Burgundy' and others Hawthorn Crataegus viridis or `Winter King', 25'h x 25'w, mainly thornless, No phaenopyrum (native 'Princeton red fruit persist in winter to southeast) Sentry', 'Fastigiata' or other upright thornless varieties Japanese Styrax�aponicus 20-30'h x 15-25'w, showy No Snowbell (non-native) bloom Sweetbay Magnolia virginiana 10-20'h x 8-15'w, fragrant white No Magnolia (NE native) late spring flowers and small red summer fruit 122 Lexington Tree Management Manual To: Lexington Select Board From: Lexington Tree Committee Subject: Changes to the Lexington Tree Management Manual Date: December 5,2024 The Tree Committee requests approval from the Select Board of The Lexington Tree Management Manual5th Edition (TMM)that reflect amendments to the Tree Bylaw and the creation of rules and regulations that support the bylaw. The TMM pages containing changes have been excerpted for your review. p.iv,Preface: in the second to last paragraph,describes what changes are made in this edition. 7: Figure 1 updated to accurately reflect wording of bylaw and current practice regarding how front setback is measured 17-19: Large Shade Tree list for 4x mitigation credit updated 20: Small Tree list for planting under wires expanded 22: Invasive Tree list exempt from mitigation and prohibited from mitigation planting p.20(old),23(new)bottom,section D.,corrects reference to where the Lexington Tree Inventory can be found on the town website.. I36,38-42: Updated section VIII Tree Protection During Construction p.63(old),67(new),updates Tree Commitee membership to members at the time the committee voted to approve the changes For the above,deletions are shown as�+�-„�',+�,r�„��,or noted in Track Changes;additions are in r°�d t��t. The two sections below are in black text only;the Tree Bylaw because of cumbersome editing issues and the Rules and Regulations,which is an entirely new section,to facilitate reading. 64-69: Lexington Tree Bylaw updated to include 2021,2022,2023 and 2024 amendments. 100-116: Added Appendix XIV Lexington Tree Bylaw Rules and Regulations,including supporting figures and documents,some of which are intentionally redundant both internally and with the TMM edits above. This appendix is intended to be distributed as a stand-alone set of plain-language rules pertaining to the Tree Bylaw. This section contains hyperlinks to figures and tables within the document and to the Town website. The Table of Contents will be amended with corrected page numbers after edits are accepted and new page numbers are assigned. Respectfully submitted, Nancy Sofen for the Lexington Tree Committee Lexington Tree Management Manual I PREFACE In 2014 the Lexington Director of Public Works and the Lexington Superintendent of Public Grounds and Tree Warden requested information about the Emerald ash borer(EAB)and Asian longhorn beetle(ALB) be added to the fourth edition of Tree Management Manual.All previous editions of the Manual had dealt only with trees:their growth,care and protection. The advent of two invasive insects in Massachusetts,ALB in 2008 and EAB in 2012,each of which has the potential of destroying major hardwood tree species across the state and into the northern forests, influenced the decision to add chapters on these two insects to the Manual. It required a focused study of the entomology of both insects;their life cycles,which trees they favor and how they colonize.It included the history of how they arrived on our shores,what measures humans are using to control them,quarantines, different choices communities made in response when there was an infestation,and research being done on new control methods. The Commonwealth of Massachusetts and Federal government both have controlling legislation that gives communities the legal backing to fight these insects.These expanded and enriched the Manual. The entire Commonwealth of Massachusetts has been quarantined for EAB since 2015. The greater Worcester area has been quarantined for ALB since August 2008.The Boston Brookline area quarantine for ALB began in 2010 and ended 2014. To be in quarantine means that infected trees and wood of any part of those trees is not allowed beyond the boundary of the quarantine zone unless the wood is chipped into pieces small enough to destroy the beetle larvae.Firewood from a quarantine zone may not be moved to a non-quarantine zone. The fourth edition of the Tree Management Manual has web addresses in sections and references.It has an expanded list of Recommended Trees. �I��„��.��a�„�a��„��]I��......��a��.�m�;�u::��c��-m�d�:��,��c�....... "�'��-�..:�'��t:.....��..:��,��u��.��-��:......:�;��;��:.. ��.��„�1��„�,��......��`��...��:......��....c��.��aL...... ��:.��:t��......��....:��_��.�`��_�c��.:...��„��;..��„c��.-.. We hope you�nd the Manual useful and enjoyable. The Editors I John W.Frey.....................................Anne S enning.................................�.�::��:.�.�:......�.��.:�:.�.:�:�.:. Lexington Tree 1VlanagementlVlanual F i�u re I TREE BYLAW SETBA�K AREA F�R RESIDENTIAL PR�PERTIES The Tree Bylaw Setback Area for Protected Trees is to be 30 feet from the front of �..................................................................................................................................................................................................................................................................................................................................................................................................................................................._. the property��}�,��c�I��_the asphalt edge of the road��III��I��III��....�ui��llllll��..�ui .�� - --� Deleted:usually � �:�.Ill��.ig.�......:�.:�.��......�:�.....:""I�'�.:�.iii��.......ig.�jii.�lll��:�:��.:�:�:��:�,��.::�}and I 5 feet from the property lines on the two sides and the rear of the property. rear of property ;._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.; ! � , � ! � ; 15 feet ; � � , � , , � � � � , � , � � � � UNRESTRICTED AREA � , � � See definition of setback in Appendix I,§120-3. � � � � � � � � � � � �.. � � �.. , a� � ' � a � , � � ' I 5 f eet ��i'(��',,,,,,� �� o � ; ;,;�,��iii///////////////�� I 5 feet � a ; , � , � o ; � o �' � ,,,��iii�%///////////////// ; � v � � v -�, � � �� 30 feet � � � , � � � � � � � , � , , � � � � � � t_._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.� _................................................................................................................................................................................................................................ .................................................................................................................................................................................................rv, q _ _ _ ___ _ __ __ _ ___. _ __ __ _ __ __ _ _ _ _ ___ ..._..--.-- Deleted:edge of street pa�ement�f��. � _ __ �I��.:��,�� "�"��f��::::��"��,��°. � 7 Lexington Tree Management Manual 5 Lar�e Shade Trees �i►m m i►r�T.i m o r.CT��.�ttlT��T�T[[ic T;7;,,,.,, ,,,/,,,�;,,„1 ROPl�� /\mori/?!]]2 H!Y/T�IIC�/T7lY)if/Y17ll�IlY/iflYf)lllll � czcrr ��.,1,-.., AT r.,-+l,�� zioYY��r�C�� Z7,, ,,��,„f;,,,,,,/,,,+;,,�l r�GC Z��n1ZL17`PR TCC �o�n r /�+�n t�+t l.`�'TrrCC 7 �iir «T�i+o /��ii�n� ��i �nrr-fii�� 1 � �i�r �irnnor /��,i�n-F,rvn� ��rvf��r�� 1�T u',.� � ur�vio��`+iin+ ��i�/nirr f�i n-f��n in�nrr�/i �� K DYf+l�n��rlTTO�*r0� !_i�nn�n�r.��v�11�1in!/� r.��n�n�v'�'�i1�� i��iz`� , E�€� nn��c�v�o`+�on • f 1 f f 7 7 f \I�I/lnn!Y 1/Y/Cl A)!Y 1An Yl K/l/Y 1!Y ln!Y K I!Y!�I7/n!Y-I'1l)/l 1 p�t�o �inn+ort-�«T��+o pi ia�+n�F��i��n�nrv�Fi �� 1 � C,^.r,,,.o �7�Il,;�o Z7;��,,,,rl,,,�,�,,,/,,,f;,,�l n , T,�1� T,�� T�nn�r n�i��rrr/�r.rr�nlv/��r�� vo��t�cti�� .,�r��shad�tr��s fc�r 4� it��at�c��r�d�t hav�� tur�h��ht c�f`�t l��st 40'and spl��d of`�t l��st 30'. c��c�lu n�r cultiv�„�s qu�lify ur�l�ss th�y e�t the�se c�it��iae T��s��at�at��tc� � ��l��d �r��lude��a�ly if th�y�ff��e� c ar��t�rist��s that �y b�halmd tc�fit�d it��ativ�tr��s��ai[ab1�in 3'4 ca.lip�r siz�. a �st�rn tr��s ar�it��lud�d. � � � ci� tifi� � � �� t� 1�c ltivars ttri t�s ald��rpr�ss T'ax��ru�dL,s�ichu�(�a�L��t� ` anar�h ofa Illinc�is' yra �dal d�ciduaus�c�nif�r sc�utheczst/mid-�tla��L�) 50-70'h�20-30' ,su�tabl�str��t tr�� ass aad 7'zlaa a ��°�cancz(I��ata��) 60��0�1��30�55' ,sal��s�nsit�� i�°�h,l�iv�r �etz,il�ni��°a(��czti�e) 40-70'h�40-6Q'w,�xfc�l��ti��b��l�, suit�bl�str��t tr�� 17 Lexin ton Tree Mana ement Manual �ir�1�,�1��1�ar ��tul�l�nta(I��nc�ti�e) 40�55'1��30�45'w,f�ll��rlc�r S��t lack al�ut .Iu�la�,s r�i�,��°°c��1V�°r�ativ�) 50�75'h�50�75' ,�va1 to�ou�d�d ��a r�o�tall t�u�k�,t�natu�it utt��ut alu�lcz�s��inr�e�°a(IV�ncz�i�e) 40-60'h�30-5Q' C;at�,lp�, ��th�r� �`at�xl�a�°p�c�o�°a(�N�°r�ativ�) 40�60'h�20�40' ,par�r�i�l�s of b�ll� �ha ed��c� �rs CYh�r�°y, 1a�1� P�°ur�u,s,se�°r�tir�a(IV�r�czti��) 60-90'h�35-5Q' ,s al1 h�t� fla �rs at�d bl��k fruits �1 ,A��i�a� LTL�nus�a ��°i�cz�cz(1V��czt��) � �r�si�ta�te E�0��0'h�50�70' ,vas�shap�, ` ��c�to�' suit�,bl�st��t t��, st�u�tu�� `J�f`f`��son' b�a��hi��J�ff��c��}p��ferabl�t�V ` � �� y' �� tu�-�(P�-��)� `�a11� ��o� �' I�a�l�b��'y �"�lta�s o��id�ntczla�(�outh��n N�° 40�60'1��40�60'w,�yl�nd�-i�a1 at �ati�c�) rr�atu��ty,suit�.bl�st��et t��e t�1��te� urb�n�n��ro� �nts �-Ie lc��k,�a�ad�an T`,su�c��czr�a��r�s�is�([l��'r�cz�c�� t us��s h�� h0��0'h�25�4Q' ,�`i�z��t�xtu�� ar E,ast� r��dled��e lace �r�t o� �c��l,d� p slop��t�cal fc��t��'s h��lth at�d sur�iv�l. ay r�qui�m� t�-e�.t ��t f°�z ��s1y�.d�1��d. �-I�cl�c��y,sh��ba�l� �`a�va�vata�1V��'r��x�i��J) 50�100'h�20�40' ,fe p�sts c�� di��s�s,f�uit��r�be litt��prc�bl� on�ylo�ust Gl��it,sia t�ic��czr�thr�,s ir�er°�i,s 5had� �st�r,Sl�yl��, 50�60'h�25�35' ,��sts�p�t�li�ht (�zc��v�,st nc�tz��) �ll�a. �h�.d�,s��ta 1�st��t t�� tu�ky (��lcz�u�c��i�u.�(1�IL�w��,st �1e�ultiva�-s c��1y E�0�75'h�30�50'�,to1��.�t of tou�h C;�affe�t�-�� r�ativ�) �c��d�t��a�s a�d u��ttr�,.�ti��f°e�� u�h c�f y�ar,b�st us�d as str��t tr��,nat �p��n t�� ,��l�a, a�r��Cia a�°��ni�ata(�N�°r�ativ�) 50��0'h�50��0' , c� e�� u�u _ber� �pl�, �d ��e��°uh�°ur��(1V�nc��i�e) 40�70'h�20�4Q' ,f`�11��lc�l, �uit�bl�str��t tr�� ap1�,Su�a�- d4c��°�sc��hc��°u �IV�°r��tL��) `F'�11 F'iesta' 75' �30�50' ,��ds 1�ts�f��-c�u�d `�� csraticsn' spa��d �t�r f°��h�alth a� `F1ash F��-�� survival,nat suit�.bl��s str��t t�� `l..J��„/�.+ll l.9��.&.�6-L l�9 (��1�, l�c�l� u��us°��lutina(�N�°�zativ�) 50�60'h�50�60' ,�c�t su�tabl�as st��t t�� f��k, u� �ue�°cr,�,s r�a��°r��a�pa(nc�ti�e tc� 70��0'h�70��Q' ,�x��11�nt p�rl� c:�r�t�°al plc�an�s) a�d lar��s��i ��t��,��ait�bl� �t��t t�� (�ak,�hest�ut �u��°�u��° �Jr�trz�cz(I�T�r�rzt��) E�0�70'h�h0�70' C��k, i� u��cu,s palus�t�i,�°(li��r�a�r��) 75' �40' ,d� n ard b�an�hin� �l��s unsu�t�bl��t t�a str��t,�c�c�d �s s�tback t�� C��1�, �d �u��°��s�°�b�°a(IV�nat��e) 75' �30�45� ,s�itabl�st��t t�� 18 Lexin ton Tree Mana ement Manual f��l�,S�a.rl�t �u��°�u�s�o��zni�(N�n�x�z��) 75'1��40�50'�,lat�s��rl�t ar�ss�t fall�olar,n�t suitabl��t�-��t t�--�� (7ak,S a��p f�u��°�u.�°hi��-)lor°(�N�°rzatL��) SO�C�O'h�SO�F�O' ,��au�ht��i�ta�t, ite ��s��t�t�a�splar�t th�„� hit�oal�, �llc� fall��lor C��k, h�t� �ue�°cu,s al�cz(IV�nati�e) 50-�0'h�50-�Q' ,�c��d p�rl�� dc� tr��,sla �rc� it��,r�at �uitable str�e�t tr�e� P�n�,��st�rn 1�inu�s st�°c��us(��r�a�c�e) any 50-�0'h�20-4Q' ,n��ds sun,�asy it� ta t��ns�lar�t,br�»��h��b��l��n 1�� wi��,�c�t su�t�.b1�st��et t��e S�,ss�f�a�s S°a,��°af�a�°albidu�n�11��°r�ativ�) 30�60'h�25�40' ,3 fc�r s c�f lea��,ha�d tc�t�ar�spla�t,fo� � �c�1�ni�s,n�s�su��abl��tr��t�� S ��t�u _ Z,ic�u�dc��ba�°�°�y�a�iflua(�r��xtiv� �0�75'h�40�50' , �autiful v��i�bl� to,s�u�h��°r�li��) fall c�l��, ��sy f�uit,suitable street tr��f r�csts h�v��nou� resa Sy�� rr�, �latar�u�o�c:i��ntcriz�(�� 75�1a0�1��75�1aa� � assiv�tr�nl� A��z�c�.� �ccta��} with fl�.l�i��;b�.rl�,�sp��wn,��cf st��t t�� T'uli�t�� ,z�°zod�r��r�or�tulz�aafe�°a(IVE 70�9a�1��35�Sa� ,f�st�g�a in�t�ll nata�e� t�-e�w�th t�l��ha��d 1�a��s and ��-e�nish�yello�fl��-s,�a�e �ult�v��s�u�tabl��s str��t tr��s T'u��10 IiTj�,s�a�syl�atz�a�Ii��°�atz�e) ` ildfi�-�� (.�l�s�y��e��1��s ith b�-i� t fa11 `(��(��bl�� o1a�,blu��i b1a�l�f�-uit,su�tabl� st��t t�� llc� �c�d �°lc�d�°c�,�°�i,s k��tr�ck�cx(�czti��0 30-50'h�40-55' ra�d,rou�d�d ��utheczst) �r�a n �th p�n��l�s af hit�, f�--��ra�t flo ��,�c�t suitabl�as st��t t�e�du�to l�a b�a��hi��,��ad ��tb��l�t�m�� 19 Lexington Tree Management Manual B. LISTS OF RECOMMENDED TREES(CONTINUED) 6. Best Small Street Trees Under Wires �cmn>>uo;��,+ n ra«r;a+�,,��3p9h,up�-i�ht o�-�as�shap�ci at�a�u�-�ty,Drought And Salt Tolerant) Common Scientific Name e�� t� le Att�i te� ita 1�f�� Name c: ltiv�� c; � st�i la ti All��ha�y ��lczr�chi��lcz��i,��(11T� 15-30'h��-1�' ,�ar�ly sha � (��ly sit��l� S�rvi��b�� a�i�� hit��7cs ��s,fall�cslc�r �t� Amur Maackia amurensis 2a�30�h�20�354w,f`r��ra.t�t�hit� No Maackia (non-native) ��stt ��'10 ��-s CYar�ada �c� P�unu�s�i�°�i�icz�cz ��d� �d', 20-25'h�15-20° ,�r��n spr�� (�nly s��l�st� _ C;hok��he�ry '�'rz�rzc�rz��'�IV��°�cz��v�)°5hub��-t@ l�a��s tu�-��pu 1�in su ��-,�hite �lo��-s anc�s all�-� ish� u�- l��- �ts Crabapple Malus spp. �c�lu _r�ar�types Sh� ��7a e�s,f�uit c� su�h a� `Adirc��d��l�' `S��t��1' `StY'��b�rr P�rf�1t' �ulc�p�� S°r��°hus au�u�ar�i(r��n- 25-30'h�15-25' ,shc� y f`lc� �rs C}�ly sin�l� aunta�n A s r�c�tz�� and fruit,E�1 r�sistant st� Flowering Prunus sargentii(non- `Accolade' 15�25'h�15�25' ,sho y flo ��, o Cherry native) dA��a�a�a��' f�uit,sh�a�t�l�ve� or��°ur�u,s,se��°ula�cz ` c��l ur�u�d�' �n�n-r�a�z��) �nd�t��rs Hawthorn C�ataegus viridis or� `Winter King', 25'h x 25'�g rnair�l�thc�rr�l�ss9��d No phaenopy�um(native to 'P��to�S�nt�y', f it��sist in ��t�� southeast) 'F'�st��.t�'a�-�th�r upl i�ht th�r�l�ss var��t��s J�pan�s� ;S��rzx jczp�r�i�u,s(non� 2 -30'h� 15-25' ,sha y blc�a _ c� Snc� b�11 r�cz�i�e S ��tbay c��olra vi�°�ir�iczr�cz(11��' 10-20'h��-15° ,f��ra�t 1t�lat� C� a��alia. r�atz�e) s�rir��fla �rs�nd s all r�d�� f�ait 20 Lexington Tree Management Manual I 7. ��?��....J�m��......��c��.:.��:��.��m��,��„��m��„��:.��m� � �i� ti�c � ArYtur�orl�-�r�� l�h�llc��r��°��czr�r��°��zas� Autu n li�� la�a nu�s uf�h�llatc� ��11� ��.dfar�d �-'��r�� F' �°u��'all��zrzcz�� atcl� i �s� if�cr)�s� i �� ,ura ean u�ktharr� hc��nu�s�atharti�a l�ss u�l�t � �'�°an ul�z al�u,�, ha�nu,� �°an ul�z �"i��, i11a�, ust �i11e�� S'ali.�cin��a Japa��s� la�l� �� I�Lr�us thur�h��° ii L,��-��Ci�� illa� S°c�lLx czt�°c��°ir��cz,S'czlLx cir��r°�c�,ss ,�l�i�Lic� �lal�u�a �lal�u�a uin u�n��vza Syca �r� apl� �c°�r p�°�ud��al�ztar�u,s T�°��-of- ��v�n Azlc�n�hu,�al�z,s�si c� �I,ist�d in 2017. As af°12/31/22,�urs�ry a��nts��raw�rs may na 1an��r r��i��af b��in prc�pa�atian. �xistin� stc��k r��iv�d or ro ��d �for�t is ��y �sol until 12/31/2025e T'his tr°��will not b�� t� �s i��at��pl��tir��e ��L,istin��n th� � r°o_i it� l�rtts I�ist is��p��t�d by th��nd of Jun�2024,aft�r�2 22 r°��c�� n �tic�n by �sse Inv�siv� l�nts 1�d�iso CCir°ou e �v�n if�a �r�ially�v�il�bl�aft�r°t is �t�,this tr��will nc�t � a�c� t�d�,s it��t�a��l��ti��e �h ��hav��x�lud�d fram e��m tic�n twa tr��s that ar�an the A P�c�hibit�d Pl�nt L,ist: �1�� l t �i �� ( r y 1�} id�ly pl��t�d as�� lac�� t�t fa�A ��i�a��1 it�t ��a�ly 20th c��tu�y,N�rw�y apl��pr��t�ts su� � 1ar�� r��nta��af°L,��in�t�n's tre��an� y that e�an�c�t enc�ura��its id�-scal�r� _a�a1 at this ti �. �x� pti�an fr-� th� iti�atian r�q.uire �nt�fa t_�byla dc�es n�t ac�urately r�fl��t th�value af �tur� c��vvay �p1�s. any uni�i aliti�s advis�t �.t s �.11 sp��i �ns b�r� c�v� ,an atu��c�n�s�.11e� �d ta 1iv� ut�til th�y d��lit��,at hi�_ �air��t_�y shc�uld �� la��d with t�ativ��a�c�py s��i�se ca i icr sc� r,�c� �i�( 1 � 1 c st) hil�th�sp��i�s�s�ati��tc�c�r�t�al ��t��r�s�f�ast� _ a� A_ �ri�a,it is��t��cii��r��us ta assac_:us�t�s.It h�s b��r��la�t�d t �ou� �ut th�stat�si��t_�l 7 0's ar� is�a id�ly r�atu�al��de It � av�s as��asiv� sp�ci�s in ar�as ith sandy sc�ils. 1a�[�la�ust se�ds a not disp�rs�as id�ly as d� a ay a 1�s,and t_� tr��s sup �� ny fc�r s of wildlif�e T' �tr��'s r°�s�n��in c�� ts in L,�xin�t�n rc�vid�s u�_-n��d�d s �.d�. As ith c� �.y a 1�sg r� e�v�1 af s��c�lin�s and�radu�.1 r� 1�� nt c�f c��linin� atu��tr��s is a p�a�tl�a1 a �c�a� that��ta�t��tr��a ye 22 Lexington Tree Management Manual " . . .to romote the lantin p p g and rotection of trees p throu hout the Town. . . " g TREE BYLAW,TOWN OF LEXINGTON CHAPTER 120 TREES, §120-2 Intent and purpose.Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art.34. C. PUBLIC TREE SITE SELECTION 1. Street Ri�ht-of-Way Plant trees along the street right-of-way between four and 20 feet from the edge of the road pavement.The intent of this policy is to provide flexibility in allowing planting locations to be selected on a street-by-street basis,particularly where there is a scenic or historic situation.(5ee PRIORITIES FOR TREE PLANTING LOCATIONS,Section E,below.) 2. Setback Plantin�Encourage front yard setback tree plantings on private property.Trees must be visible fi-om the street and no further back than 20 feet fi-om the right-of-way line,which varies with each property.(See Figure 4,Page 23.) 3. Maximum Shade and Canopy Place trees where they will make the greatest contribution to provide shade and improve street appearance. 4. Parkin�Lots Provide maximum canopy coverage over parking lots.Group trees in a park setting or parking lot to provide a larger space for unrestricted root growth.When possible plant sidewalk street trees in a"tree-way"to achieve maximum root growth.(See Figure 5,Page 25.) D. PUBLIC TREE PLANTING 1. The Public Works Department and the Tree Warden The Public Works Department consults with the Tree Warden about projects in the coming year which will require the planting of new trees, as recommended by the Planning Department and other Town Committees. 2. The Tree Warden and the Tree Committee The Tree Warden confers with the Tree Committee then decides the number and species of trees for projects when they go out to bid. He or she considers current environmental changes tending to favor certain species over others, such as those affected by Asian Longhorned Beetle,Emerald Ash Borer,Spotted lanternfly or other insect and fungal catastrophes. 3. Lexin�ton Tree Inventory�'��''�«,N r'TC�'��e��*�� :��:��:�:��a��.�� ........................................................................................................................ �r��.....:�a�;��,��,��,��c��;��......��„//��.��;��,��/�/�/��,��,�� .�I��;��fi.:��'.."..�.. 20 Lexington Tree Management Manual VII. TREE PROTECTION DURING CONSTRUCTION A. GENERAL GOAL OF SAVING TREES Mature trees that are saved during construction increase the value of the property,as well as the surrounding neighborhood and the larger community.Trees,particularly mature trees have aesthetic appeal,improve air quality,reduce noise and screen glare and heat.They also stabilize soil,aid natural flood control,create habitat for wildlife and provide privacy.For specific legal requirements,see the Tree Bylaw,(Appendix I,Page 64)https://www.ecode360.com/10535335 To achieve the goal of saving trees,do the following in your design development: 1. Retain a Re�istered Surve��or The surveyor must show on the base plan all trees of six inch DBH or greater,and the setback area.(See Figure 1,Page 7.) �.........:��c��a�.....�`��:��c��,��s�.�„�� .::��a��,��r�.��.:�.:.��r�.::��.��m��...�...c��;d��„��.��...�.��,�� ;,��u.�...1��,�r�,��,��.:�n��........��.......:��~�,�5��,��„��,��„��,��,�,��;��u~.�.� �'„��,�,��m�� r�Su�;��,ar��:.�. ��,��a��c��rm-.....�I��r��,�;��:�..�... 3. Desi�n to Save Specimen Trees and Lar�e Shade Trees Identify specimen trees and large shade trees(See Chart Number 5.Large Shade Trees,Page 17.),especially those six inches or larger in diameter. Design the site plan to preserve these trees, using them as a distinctive focus or framing feature to enhance the plan and buildings.Take care to allow enough space around them to ensure their survivaL(See Figure 12,Page 41.) �I. Transplant when Possible Specimen Trees and Lar�e 5hade Trees in the Way of Construction.If Ithey can be transplanted on site,incorporate them into the site design. ;`�. Submit Plan to the Tree Warden Once a plan is developed;submit it to the Lexington Tree Warden for review.Discuss and come to an agreement as to which trees are to be preserved,transplanted, protected or removed. ��,��:.��,�n��l��c��„�� ✓�a,�u��.��y�,��a�a��r l��;�� . ��1��:....�I��'��m�u��,��-�,��.:.......��-�:��1��m��m�� .��,ar��u�:..�.. �u��4�� u��,�u�:�� ;�;��r��,��;�,��.:�r��:��„��g��,�c��y��......:��rr�..�.....��c�..:��,��....�:. ��;��.:.......�um��:��°��1��„��:�m�„��m��.........��;°�r��;��.��.:��u� ��.��c��,��r ,�[;m�;�;....�'��;� ��.��r�. ��,�°��.��;��l��mm��;��,��m„�a��~��.�.:�.:n�nc��:.....��c��::�.:.:.. I ............m............ �...�.�:�.�............��:...........�..�.:�:"�:�:.::�.:�.:.�.�:........._��:�::L�.�:�:::�.:.�.�..........:�dentify trees that are terminally diseased, � Remove Unsafe Trees damaged beyond repair or in danger of falling.Remove them early in the development process to create a safer building site for construction workers. 36 Lexington Tree Management Manual 7. Prune Only as Necessary Prune the trees to be saved only as needed to remove broken branches, to enhance their natural form and to fit with the proposed buildings.Trees need as much foliage as possible to help them survive the stress of construction.Follow pruning procedures outlined on the Lexington Tree Management Manual,(See Figure 9,Page 32,Figure 10,Page 33,Figure 11,Page 37.) S. Design for Foundations Substitute posts and pillars for footings and walls where proposed ry I foundations conflict with tree roots.(See Figure 14,Page,�6.) � Deleted:41 � _ ___ _ __ __ _ ___ _ _ ... B. PROTECTION REQUIREMENTS FOR EXISTING TREES 1. Barrier Protection Protect all trees to be saved before demolition and land clearing begin.Install barriers at the critical root zone the outer ed e of the area under the leaf cano �r„�f�_�� ;��; � g pY.�........�� u...........................:...............................................�-t. . . _ _ . w, w, � ry ��,�~�,��......�.� �.........��......:�� ,��.��-��.��,,d�� ,.:�~��:......may..be modified to a location .... .... Deleted:This -� ...� s�:��:��.��,��'..��,��,�.....��,a��,�� .�;w�~��,��r��a��......��.:......��:......agreed on during an on-site visit by ry the Tree Warden and/or a Tree Committee representative.Construct barriers of��,�,posts � Deleted:sturdy � ... ��,��......:��.....��.......��u�„��q��,�,��....��u��,��„��,�°��::�::��:��........��......��u�„��:.�f:�S�......�c�c��......��:....��::��:. ��c„�:��r��c��a„�,��,�-� This protection will prohibit heavy equipment from compacting soil, � Deleted:and highly visible plastic mesh � .. ry damaging roots,breaking branches and scarring the tree trunk.(See Figure 13,Page,�43-4.) � Deleted:39 � .. �......... ��.�:u��..... �c�_�� ,u�� ;..�,��u��; �°"�;�.�I;�^a ��..:."��;..:��li,� .��a�l;,��1;.....��;��,� �.��'��...../ ��I�,� I�.�.�. .��.��.��,�� .�f�...�` ��.�-��...�I,�I�;�....... .�a,��,/��„ ��f�,��1C��/� .��.::�� "��'�� :�::� �� ;��;�� .�: . .�.:�.��:�.::�.��:�::�:......�:�.:�:�......:��:�:.�.......�:.�.:�:.�.:�.:�:�.:.��.. 3. Wei�hts under Tree Park vehicles,equipment,or stockpile earth,fill and other materials ONLY ry I OUT5IDE the .�r��,��„��.... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... �......... Deleted:tree root zone � .. 4. Chemical Dama�e Dispose of all debris properly(rubble,cement,asphalt,petroleum products, herbicides,all chemicals)away from the tree root zone. 5. Leaf Mulch Allow fallen leaves from the trees within the root zone to remain on the ground as mulch.If leaves are on the lawn,they can be raked up or mowed. 6. Floodin�Provide proper drainage so that roots of trees are free of standing water. 7. Fasteners Use separate posts instead of trees for fastening signs, fences, electrical wires and pulley stays. 8. Fires Lexington requires a permit for open burning as described on the Lexington Fire Department web site at https://www.lexin�tonma.�ov Search"Departments","Fire Department", "Burn Permits"[online cited 15 February 2019]. 9. Utility Lines Locate all new underground utility lines outside the critical root zone of trees to be ry saved.If not possible,tunnel under roots as an alternative.(See Figure 14,Page�46.) � Deleted:41 � _ ___ _ _ ... ry 10. Waterin� ��,�r��c��:�.d`_��.��water trees once a week�s��a�a��,��.��„c��„��,��"��.��. � Deleted:During dry spells in the growing season � � . .� . .� ry ��.......:��'u�„��;��'.....:�5��.:�.:��„��c��....��u:.��;�......��:.��:...��,.�� :.:��'��„��t��'��u.:..��:.....:�ut��...... 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Use hand tools instead of machines; b. Fertilize and water the tree in monitored amounts; � c. Tunnel instead of trench for utilities through tree root zones(See Figure 14,Page��). � Deleted:41 � d. Construct dry stone retaining walls to allow the original grade in the root zone to be ry maintained(See Figure 15,Page��).•.. .... .... .... .... .... .... .... .... .... .... .... .... .... �......... Deleted:42 � .. � g ��. 14. 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ANSI 300 Standard Practices: https://www.tcia.or�/TCIA/BUSINESS/ANSI A300 Standards /TCIA/BUSINESS/A300 Stan dards/A300 Standards.aspx?hkey=202ff566-4364-4686-b7c1-2a365af59669 22. ANSI Nursery Stock Standards American Horticultural Society, 2014, pdf:_ https://www.americanhort.or��e/standards 23. Guidelines for Planting Trees and Shrubs https://a�.umass.edu/landscape/fact-sheets/�uidelines- for-plantin�-trees-shrub s XVI. PUBLICATION INFORMATION Fourth Edition,Published 2020 by the Town of Lexington Tree Committee: David J.Pinsonneault,Director of Public Works Christopher Filadoro,Superintendent of Public Grounds,Tree Warden � ]I��:�,��,"�ar�� ."c�,,,,,�;��.��. ...................................................................................................................::...�.................................................................................... j��v��'iroc� u�v��rnr��:�..��'�.��.�.Wa....��,�.� 7 ............................................................................................................. To�i�o�uii�itnv� :...... . ......:.............................:......:..:..:.......:.....7......:.............:.............:.........................:...:.......................... .� ��,��,l�c��~�� .��;��;��,�� g��€�� IPat Moyer.�.......�::�.�:�.::::::.�.:�:�:.��:�.::�: Gerald Paul�r�nirmnr� A NND��NNIN(T� rrn�vL�nrrr� Nancy Sofen ��,��rv� ��.�� ........................................................................:.................................................:............................�.......:........................................................................................... ��1��,��.�..�ry��,�� James Wood � , G�aphics by B�uce Walker http://www.bruce-walker.com/ Lexington Tree Management Manual APPENDIX I TREE BYLAW,TOWN OF LEXINGTON CHAPTER 120 TREES http://ecode360.com/10535335 [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34. Amendments noted where applicable.] §120-1 Findings. The Town of Lexington finds that mature trees have aesthetic appeal,contribute to the distinct character of certain neighborhoods, improve air quality, provide glare and heat protection, reduce noise, aid in the stabilization of soil, provide natural flood- and climate-control, create habitats for wildlife, enhance property values and provide natural privacy to neighbors. §120-2 Intent and purpose. This bylaw is enacted for the purpose of preserving and protecting both public shade trees pursuant to General Law Chapter 87 and certain trees on portions of private property.To achieve these purposes,this bylaw establishes a Tree Committee and empowers the Committee,in conjunction with the Tree Warden, to regulate the removal and replacement of trees in certain circumstances,and to promote the planting and protection of trees throughout the Town.It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity.The provisions of this bylaw,when pertaining to private property,apply only when there is major construction or demolition as defined below and only within setback areas. §120-3 Definitions. A. When used in this bylaw,the following definitions shall apply: CALIPER—Diameter of a tree trunk(in inches)measured six inches above the ground for trees up to and including four-inch diameter,and 12 inches above the ground for larger trees. 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. [Amended 4-24-2024 ATM by Art.34] DBH("Diameter at Breast Height") The diameter(in inches)of the trunk of a tree(or,for multiple trunk trees,the aggregate diameters of the multiple trunks)measured 4 1/2 feet from the existing grade at the base of the tree. DEMOLITION—Any act of pulling down,destroying,removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. MAJOR CONSTRUCTION—Any construction of a structure on a vacant lot,or any construction of one or multiple structures or additions to structures on an existing lot,wherein there would result an increase of 50%or more in the total footprint of the new structure(s),when compared to the total footprint of the pre-existing structure(s). PERSON Any person,firm,partnership,association,corporation,company or organization of any kind including public or private utility and municipal department. PROTECTED TREE—Any tree on private land,with a DBH of six inches or greater(or any multiple trunk tree with a DBH of 15 inches or greater),located in the setback area(or which,as determined by the Tree Warden,has any portion of the stem between six inches and 4 1/2 feet above grade actively growing 64 Lexington Tree Management Manual into the setback area),provided that tree is not hazardous or undesirable as defined in the Tree Manual. [Amended 4-4-2007 ATM by Art.13] PUBLIC SHADE TREE—Any tree within the public right-of-way except for state highways that, as determined by the Tree Warden,has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the public right-of-way. REPLACEMENT INCH—the unit used when determining mandated replanting,which shall be calculated using the Replacement Inch Calculation Table in§120-16.[Added 4-5-2017 ATM by Art.37] SETBACK AREA The minimum setback area around a lot shall be measured in accordance with the larger dimension of 30 feet from the front and 15 feet from the two sides and from the rear of the lot;and the minimum front yard,side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington.For the purposes of establishing the setback area in which the provisions of this bylaw shall apply,the measurement shall be from any point on any property line of the lot,to points along an imaginary line drawn representing the setback area as specified.Final judgments regarding required tree protections during construction shall be made by the Tree Warden where deviations from the setback are required.[Amended 4-4-2007 ATM by Art.13][Amended 3-18-2013 ATM by Art.30] TOWN TREE—Any tree within a public park or open space under the jurisdiction of the Select Board acting as park commissioners,on public school grounds,or on any other Town-owned land. TREE REMOVAL—Any act that will cause a tree to die within a three-year period. B.The Tree Committee may provide other such definitions or terms in rules and regulations,approved by the Select Board,deemed useful to implement this bylaw. §120-4 Applicability. A. Applicability. The circumstances under which the tree protection, removal and replacement regulatory process delineated in this bylaw shall apply are as follows: (1) Proposed cutting(trunk,limbs or roots)of existing public shade trees on public and private ways (accepted or unaccepted streets) or of Town trees on Town- owned(or leased land being used as a public facility)by any person. (2) Proposed demolition of an existing residential or nonresidential structure. (3) Proposed major construction on an existing residential or nonresidential lot. B. For sites under the jurisdiction of the Planning Board or Zoning Board of Appeals,the Planning Board or Zoning Board of Appeals may,by including in their findings an explanation of the reasons,waive in part or in full this bylaw when they deem it necessary for the good of the community.[Amended 3-23-2011 ATM by Art.31] §120-5 Tree Warden. The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Select Board. A. The duties or responsibilities of the Tree Warden shall conform to General Law Chapter 87 and shall include,but not be limited to,the following as may be further specified in this bylaw: (1) Management of all trees within public rights-of-way and adjacent to public buildings and commons;care and control of trees on Town property if so requested by the Select Board, 65 Lexington Tree Management Manual and on Town land owned by other departments such as Schools, Recreation and Conservation, if so requested by the respective department and approved by the Select B oard; (2) Expending funds,in coordination with the Tree Committee,appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (3) With recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this bylaw; (4) Work in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (5) Development of rules,regulations,tree inventory,manuals and other data,in conjunction with the Tree Committee,to carry out the purposes and intent of this bylaw for approval and promulgation by the Select Board; (6) Enforcement of this bylaw; (7) Appointment or removal of Deputy Tree Wardens. B. Moreover,the Select Board may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this bylaw. §120-6 Tree Committee. A. The Town shall have a Tree Committee that consists of seven members s and two non- voting associate members as appointed by the Select Board. A quorum of the Tree committee shall consist of a majority of the voting members then in office.For the�rst appointments of full members,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 and associate members will serve three-year terms. [Amended 3-22-2023 ATM Art.29] B. The Tree Committee shall have the following duties and responsibilities as may be further specified in this bylaw: (1) Development of rules,regulations,tree inventory,manuals and other data,in conjunction with the Tree Warden,to carry out the purposes and intent of this bylaw,for approval and promulgation by the Select Board; (2) Permit the removal of certain trees on private property upon appeal,by an applicant; (3) Public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this bylaw (4) Work in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. §120-7 Public shade trees and Town trees. A. 5cope.A public shade tree or Town tree may not be cut,pruned,removed or damaged by any person or the Town until and unless the Tree Warden issues a written permit pursuant to this section. B. Procedures.Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden.The Tree Warden shall hold a public hearing on applications for removal,at the expense of the applicant,in accordance with the provisions outlined within General Law Chapter 87.In addition to any public notice required by said G.L.c. 87,the Town shall contemporaneously provide notice of the public hearing on the Town's website and through such other electronic means as it deems appropriate. If the Tree Warden or 5elect Board permits a person,other than the Town or an agent of the Town, to remove a public shade tree or Town tree,the Select Board,or its designee,shall require the applicant to obtain an appraisal of the value of the tree,at the applicant's expense,and to pay the appraised value of the tree,as determined by a member of the American Society of Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula 66 Lexington Tree Management Manual method.Such payments shall be deposited in the Lexington Tree Fund.The Select Board may,at the request of the applicant,waive the requirement to pay all or a portion of the appraised value of the Tree pursuant to this subsection if the Select Board determines that the removal of the tree is required as part of a project intended to serve a public purpose or due to other extenuating circumstances. The permit issued by the Tree Warden may specify schedules,terms,and conditions,including requiring the planting of replacement trees. [Amended 4-14-2021 ATM by Art.32] C. Planting of trees on Public Land.Any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. Such permission may specify schedules,terms,and conditions as deemed appropriate by the Tree Warden. §120-8 Protected trees. A. 5cope. The removal of protected trees in conjunction with demolition or major construction is prohibited unless authorized by the Tree Warden,or Tree Committee as set forth below. B. Procedures.When major construction or demolition is planned,the owner of the property shall submit to the Tree Warden,the Building Commissioner or designee 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(including public shade trees).[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.33,4-24-2024 ATM by Art.34] (1) If any protected trees will be removed or damaged in connection with major construction or demolition, the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit.Additionally,if any protected trees were removed during the 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.The proposal shall satisfy the mitigation requirements set forth below and any rules,regulations or manuals promulgated by the Select Board.The Select Board shall set an application fee.Such fee shall be at least$20 per DBH inch of protected tree to be removed.The Select Board shall annually evaluate the adequacy of the fee and adjust it as needed, or shall designate a Town official to annually review the fee and adjust it as needed.[Amended 3-19-2008 ATM by Art.37;3-22-2021 ATM by Article 34] (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 20 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. (3) An applicant may appeal the denial or grant of a tree permit to the Tree Committee.The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public notice shall include all persons owning land within 300 feet of any part of applicant's land at least 14 days before said hearing. The Tree Committee shall rule within 20 days of the public hearing. 67 Lexington Tree Management Manual (4) Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious. C. Mitigation. A protected tree shall not be removed unless at least one of the following provisions is satisfied: (1) Replanting of trees: such replanting shall be on the basis of one inch of caliper of new tree(s)for each replacement inch of DBH of tree(s)removed except that,to encourage the planting of large shade species,for each replanted tree listed in the Recommended Large Shade Trees list of the Lexington Tree Manual[Section V.B.S]replanting shall be on the basis of�/4 inch of caliper of new tree(s)for each replacement inch of DBH of tree(s) removed and each replanted tree must have a minimum caliper of three inches. The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting applicant's land with express approval of the owner of such abutting land;[Amended 3-18-2013 ATM by Art.30],[Amended 4-5-2017 ATM by Art.37;2021 by Art.34] (2) Contribution into the Lexington Tree Fund, provided such fund is reauthorized to the extent required by law, or otherwise to the sutplus revenue of the Town: such contribution shall be$200 per replacement inch of protected tree or Town tree removed not already mitigated as per Subsection C(1);or [Amended 3-31-2004 ATM by Art.34;4-4-2005 ATM by Art. 16] [Amended 4-5-2017 ATM by Art.37;2021 by Art.34] (3) (Reserved) Editor's Note: Former Subsection C (3), which required the applicant to demonstrate the desirability of removal of a protected tree,was repealed 3-22-2010ATM by Art.27. (4) All evergreens planted as replacement trees must be a minimum of six feet in height and may include,without limitation,pine,hemlock,spruce and fir.Low-growing evergreens shall not be accepted as replacement trees.[Added 4-4-2007 ATM by Art.13] (5) Mitigation shall include a minimum number of trees to be replanted in the front setback and/or the Town right-of-way rather than payment 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, subj ect 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 and be deemed appropriate by the Tree Warden. 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. [Added 4-24-2024 ATM by Art.3 5] (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 month 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. [Added 4-24-2024 ATM by Art.35] 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. 68 Lexington Tree Management Manual These protection measures shall be delineated within the Tree Protection Plan prepared by a Certified Arborist and submitted to the Town, shall be installed prior to commencement of any demolition or 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 Tree Protection Plan(or any amendment thereto)may allow for temporary encroachment within the critical root zone or dripline of a Protected Tree,as necessary,provided the Tree Protection Plan specifies mitigating measures the applicant shall take,including a maintenance plan for the tree. (1) Each Protected Tree or Town Tree retained under a Tree Protection Plan shall be maintained in good health for a period of no less than twelve(12)months from the date of issuance of the Certi�cate of Occupancy for an associated project.Should the tree die or be removed 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 or Town Tree as contained in this bylaw within nine(9)months from the death or removal of the original tree. [Added 4-4-2007 ATM by Art. 13; amended 4-5- 2017 ATM by Art.37;4-24-2024 ATM by Art.34] E. Failure to protect trees not removed.Trees left on site must be protected;and if not done so as required by this bylaw,the Tree Warden may impose the following: [Added 4-4- 2007 ATM by Art. 13] (1) The Town may undertake tree protection measures and bill for any labor and material charges incurred. (2) The Town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. (3) The Town may hire an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. (4) The Town may impose fines as per the fine schedule in§ 120-10 of this bylaw. (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 may be immediately stopped by the Tree Warden or a designee of the Tree Warden.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.[Amended by 4-24-2024 ATM by Art.34] F. Upon removal of any tree of six-inch DBH or greater,the owner of the property on which the tree is located shall provide information to the Town regarding the removal of that tree and the reason for its removal.The owner shall also provide a plan identifying the location,species(if known),and DBH of any trees so removed,remaining trees six inches DBH or greater,and any trees planted as mitigation pursuant to§120-8C. I�.��:��e��11 ��I......:��:�:�,�"]l�l[�:�y.�,��.:�:"�� 68 Lexington Tree Management Manual §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. Town trees that are hazardous as determined in writing by the Tree Warden; C. 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 Certi�ed Arborist. D. Invasive tree species as defined in regulations established by the Tree Committee and approved by the Select Board. [Amended by 4-24-2024 ATM by Art.36] §120-10 Enforcement. A. Any person violating this bylaw is subject to the penalties under Chapter 1, § 1-6 of the General Bylaws,General Law Chapter 87(for violations concerning public shade trees) and other legal enforcement action by the Town.The Tree Warden is authorized to enforce the provisions of Chapter 1 of the General Bylaws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Select Board in consultation with the Tree Committee,the Tree Warden and Town Counsel. B. Each instance in which a Town tree or a protected tree is removed without a tree permit shall constitute an offense under this bylaw.When Town trees or protected trees have been removed without a permit, mitigation (as outlined in § 120-8C of this bylaw) and the payment of fines(as outlined in the Fine Schedule at the end of this bylaw Editor's Note: See Ch. 1, General Provisions, Art. II, Use and Construction, § 1-6, Noncriminal disposition.)shall be required.[Amended 3-31-2004 ATM by Art.34] C. If mitigation and the payment of fines are completed in due time as determined by the Tree Warden, the project will be approved. If not completed, then each day beyond the determined and agreed upon completion date shall constitute a new and separate offense. [Amended 3-31-2004 ATM by Art.34] §120-11 Rules and regulations. The Select Board may promulgate,after public notice and hearing,rules and regulations to effectuate the purposes and intent of this bylaw.Failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this bylaw. §120-12 Severability. If any section,paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court,every other section,paragraph and part shall continue in full force. §120-13 Relationship to other laws. Nothing in this bylaw shall be construed to restrict,amend,repeal,or otherwise limit the application or enforcement of existing Town of Lexington bylaws or Commonwealth of Massachusetts laws. 68-69 Lexington Tree Management Manual §120-14 Funds. [Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art. 16; 4-4-2007 ATM by Art. 13] 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,and other tree-related needs.The request to expend these funds will be approved by the Select Board. §120-15 Tree Management Manual. [Added 4-4-2007 ATM by Art. 13]The Lexington Tree Management Manual will be used as the standard for tree planting,maintenance and protection in the Town. §120-16 Replacement Inch Calculation Table[Added 4-5-2017 ATM by Art.37] Replacement Inch Calculation Table Level Removed Tree Replacement Inches Level 1: Less than 24"DBH;or a tree of any size to be removed in order Same as inches removed to comply with a condition,restriction or requirement of a local, state,or federal permit Level 2: 24"DBH and larger 4 times inches removed https://ecode360.com/10535335 online:cited[18 June 2018] 69 Lexington Tree Management Manual APPENDIX XIV LEXINGTON TREE BYLAW RULES AND REGULATIONS When does the Tree Bylaw apply? Lexington's Tree Bylaw(http://ecode360.com/10535335)applies to trees 6" DBH or greater(or multiple trunk tree totaling 15"or greater)in the setbacks("protected trees")of properties undergoing demolition or major construction, i.e., new construction or the increase of a building's footprint by 50%or more. An example of the setback is shown below. The Tree Bylaw setback may be different than the property's zoning setback. ��w��p��l ;._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.__._._._._._._.; ; ; � u s f�� ; » � � ; � ; � � ; ur��s�r�.Ac��r��,��, � � S��d��"in��c+r��s�tE�ac�Cun App�r�di�c 1,�12t�-3, , � � � � � a.� ; ;;;;;; � � ,,,,,, ; '�ca.. Q ' iiiiii ��i ii%iiiii/iiiiiiiiiiiiiiiiiiii � i �� iiiiii � � �� %%%%%%%%� ��t � s.,. ; ��,,. �, � � /i////%��;i,iiiii,,,,,,,,,iiiiiiiiiiiiiiii � GL i � Gi � N „'� i "C7 v� � Gro i i i i � i i � i � i � i i i i i � ; 3C!�`��t � c � I 1 Y I � Frant af property;Town right-of-way 1.Tree Protection Plan In accordance with sections§120-8B(2)and§120-8D,when major construction or demolition is planned,the owner of the property shall submit to the Tree Warden 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. The Tree Warden must approve any actions that will affect public shade trees. All tree protection measures including installation of Tree Save Area fencing and root pruning to reduce the Tree Save Area on trees whose critical root zones will be encroached upon by construction activities must be completed, documented and submitted to the Tree Warden by a certified arborist before any ground disturbing activities, including demolition or tree removal, begins. 100 Lexington Tree Management Manual a) The fenced Tree Save Area is defined as the area within the drip line of a tree,or a circle with a radius from the tree trunk of one(1)foot for every inch of DBH, whichever is greater, unless the Tree Save Area will be reduced by root pruning. If the certified arborist determines the protective fencing cannot be installed at the drip line,then proper root pruning and trunk protection should be carried out. Ideally the minimum distance from the trunk to the fencing will be six(6)feet. See Fiqure 13 and sections d),f)and g)below. b) Fencing must be 5'or higher high chain link or welded wire attached to stable metal posts or stakes set securely in the ground,spaced a maximum of eight(8)feet apart. c) Each fenced Tree Save Area shall include signs reading, "TREE SAVE AREA— PLEASE KEEP OUT"/"AREA DE AHORRO DE ARBOLES—ENTRADA PROHIBIDA POR FAVOR", in both English and Spanish d) Tunneling is preferred to root pruning,where possible. See Fiqure 14. e) Root pruning should be perFormed prior to any excavation or demolition and only by or under the supervision of a certified arborist. See Fiqure 14. i) Excavate using an air spade, hydro excavation or hand tools to expose roots. ii) Cut roots cleanly, removing no more than 40%of roots. iii) Backfill and water immediately. iv) If the hole must be left open past the end of day, cover roots with wet burlap. v) Monitor tree health and supply adequate water and mulch. f) If a grade change is needed within the critical root zone, root pruning is required before that grade change is made. Create terraces with retaining walls to maintain the original grade around the retained critical root zone. See i r g) Trunk Protection: If a certified arborist determines that protective fencing cannot be installed to protect the tree trunk then trunk protection should be installed. Loosely tie protective 2x4 lumber around the tree trunk with rope,do not use wire.Attach the rope to the 2x4's using staples. Do not drive fasteners into the tree. Height of the lumber shall be from the tree base including root flare to the bottom of the first branch,typically 6-8'.The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding,one-quarter('/4)inch thick minimum,can be placed between the trunk and the lumber for added protection. h) Soil Protection: Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable as determined by the certified arborist,either a minimum one-half('/2)inch steel plate placed on top of a two(2)inch minimum bed of mulch(e.g.wood chips)or a minimum of three-quarter(3/4)inch plywood over a four(4)inch bed of mulch may be used to bridge over the protected root zone in the tree protection area. i) Any changes during the course of construction that will impact an existing Tree Save Area requires that an updated Tree Protection Plan by a certified arborist be installed, documented and submitted to the Tree Warden before that work may commence. j) All tree protection fencing will remain in place until landscaping begins. 101 Lexington Tree Management Manual 2. Removal of a Protected Tree In accordance with section§120-8, in order to remove a Protected Tree,the following will be required: a) A completed and signed r I iti ti r it i ti b) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town's ViewPoint Cloud online permitting portal. c) Mitigation of the removed protected tree(s)as described in sections 5 through 7 below. 3. Removal of a Hazardous and/or Dead Protected Tree In accordance with section§120-9, in order to remove a Protected Tree that is hazardous or dead and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application b) A completed and signed I t r ti I ci t f r ricu tur �`I �' ic r i t r related to the Tree provided by a Certified Arborist,submitted with the permit application. c) A signed tt �t ti r rti i r ri t using the attached form,submitted with the permit application. d) Photographs of the Protected Tree, including full tree view and the area of the hazardous tree where the dead or hazardous area(s)can be observed, submitted with the permit application. e) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town's ViewPoint Cloud online permitting portal. 4. Removal of an Invasive Protected Tree In accordance with section§120-9, in order to remove a Protected Tree that is an invasive species and avoid mitigation the following will be required: a) A completed and signed Tree Removal and Mitigation Permit application b) Identification of the Protected Tree by a certified arborist as a species on the attached Li�t x t r c) Photographs of the Protected Tree, including a full tree view and the area of the invasive tree where its species can be observed,submitted with the permit application. d) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town's ViewPoint Cloud online permitting portal. 102 Lexington Tree Management Manual 5.Calculation of Replacement Inches for Mitiqation In accordance with section§120-16, mitigation will be calculated in terms of"replacement inches"according to this table: Replacement Inch Calculation Table Level Removed Tree Replacement Inches Level Less than 24" DBH; or a tree of any size Same as inches 1: to be removed in order to comply with a removed condition, restriction or requirement of a local, state, or federal permit Level 24"DBH and larger 4 times inches 2: removed 6. Mitiqation of Removed Protected Trees In accordance with section§120-8C,when a protected tree is removed at least one of the following is required: a) Replanting one(1)inch caliper of new tree(s)for each replacement inch of trees removed. New trees must be 3"caliper or larger. Evergreens must be a minimum of 6' in height. The only arborvitae that will be accepted for mitigation planting is Thuja plicata x Standishii, Green Giant Arborvitae. b) Replanting one-quarter('/)inch of new tree(s)from the r r i�t (Section V.B.5 of the Lexington Tree Management Manual and attached)for each replacement inch of tree(s)removed. For example, a three(3)inch caliper tree from this list will be credited with twelve(12)inches of mitigation planting. Columnar or dwarf cultivars that are not at least forty(40)feet high x thirty(30)wide at maturity do not qualify as large shade trees. c) Payment to the Lexington Tree Fund of two hundred (200)dollars per replacement inch not already mitigated by replanting. This provision is not allowed until the requirements of section 7 below are satisfied. d) Minimum street frontage planting as described in section 7 below must be completed before mitigation planting elsewhere on the property is credited or payment to the Tree Fund in lieu of replanting is allowed. 103 Lexington Tree 1VlanagementlVlanual 7. Minimum Street Frontaqe Mitiqation Plantinq In accordance with section§�20-8C5,when mitigation for the remo�al of protected tree is owed,the following will be required: a} Replanting is required only until the mitigation owed is accomplished or the desired minimum street-frontage spacing is achie�ed,whiche�er occurs first. b} Minimum street frontage planting must be completed before mitigation planting elsewhere on the property is cred ited. c} Trees will be planted in the front setback or the town right-of-way to achie�e 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,and no greater than a 35'gap from a tree to the property line,as measured along the street frontage. d} Planting in the front setback is preferred. Planting may occur in the Town right-of- way with permission of the Tree Warden. e} Replanted trees shall be selected from the re r i t, unless there are mitigating circumstances as delineated in the r ti , �ai i �� From the standpoint of creating public shade,a small tree under wires will be considered equally as good as a large tree farther back on the lot. 5mall trees planted near streets and sidewalks should ha�e upright or�ase shapes when mature so as to not impede�ehicular, bicycle or pedestrian traffic. Recommendations may be found in the list of Best 5mall 5treet Trees Under Wires�� g} Consider medium-sized trees��40'mature height}when a larger tree would shade solar panels on the front of the house. h} These requirements are subject to a�ailability of suitable planting sites,as delineated in the r ti �ai i S.Survi�al of Retained Protected Trees and Mitiqation Plantinqs In accordance with sections§�20-8C�6}and§�20-8D��}, retained protected trees and new trees planted for mitigation credit must be maintained in good health for� year from the date the Certificate of Occupancy is issued. If a retained protected tree dies or is remo�ed in this time period,the owner of the property will pro�ide mitigation for the dead or remo�ed tree. If a tree planted as mitigation dies within � year,the owner of the property will replace the tree within 9 months. 104 Lexington Tree 1VlanagementlVlanual Fi�uRE �� PR�TECTIN� TREES DURIN� C�NSTRUCTI�N � � � � � � � �u dri line �� p� dripline � �u 6'min �u � � � � " u� i Tree 5a�e Area flM �,i ."� � `�� a' c� r.„�w �� . "�"�u � � i �m LI � � :.$'�� ,� f'r r f j , ��„ �,y, i 4 � d. � � ¢. / �: i` , cri�uc�l r�a�t�ar�� • Install a protecti�e fence to create a Tree Sa�e Area.The Tree 5a�e Area is defined as the area within the drip line of a tree,or the area within a radius around the tree trunk of � foot for e�ery inch of DBH,whiche�er is greater. o Use 5'high or higher chain link or welded wire with stable metal stakes or posts inserted in the ground and spaced a maximum of eight�8}feet apart. o If protecti�e fencing cannot be installed at the dripline of a tree,then it should be installed as far away from the tree trunk as possible, ideally a minimum of six�6} feet. o Each fenced Tree 5a�e Area shall include signs reading,"TREE SAVE AREA— PLEASE KEEP DUT"1"AREA DE AHORRD DE ARBOLES—ENTRADA PROHIBIDA POR FAVOR", in both English and 5panish and should be placed in a highly�isible location. o Tree protection shall be placed before ground disturbing acti�ities, including tree remo�al and demolition,start and shall remain in place until all construction has been completed. • Trunk Protection: If the protecti�e fencing cannot be installed to protect the tree trunk,then trunk protection should be installed. Loosely tie protecti�e 2x4 lumber around the tree trunk 105 Lexington Tree Management Manual with rope,do not use wire.Attach the rope to the 2x4's using staples. Do not drive fasteners into the tree. Height of the lumber shall be from the tree base including root flare at the bottom of the first branch,typically six to eight(6-8)feet.The 2x4 lumber should be angled so the trunk flare and buttress roots are also protected. Closed cell foam padding, one-quarter('/4)inch thick minimum, can be placed between the trunk and the lumber for added protection. • Soil Protection:Avoid compaction of the soil by keeping foot and vehicle traffic and storing of materials away from the root zone and outside the Tree Save Area. In cases where allowing access through the tree save area is unavoidable either a minimum one-half('/2) inch steel plate placed on top of a two(2)inch minimum bed of mulch (e.g.wood chips)or a minimum of three-quarter(3/4)inch plywood over a four(4)inch bed of mulch may be used to bridge over the protected root zone in the tree protection area. • Take special care with backhoes and other machinery to minimize damage to roots,trunk, limbs and overhead branches. The b e st time to 1 ant a tre e p is twent ears a o. YY g The next b e st time . 1 s now. Chinese Proverb 106 Lexington Tree 1VlanagementlVlanual Figure '14 EX�AVATI�N and TUNNELIN� WITH I N DRI PLI N E � i " � i X M M M M M M M M M " M " � M M M r , r i , I ' ��r�� .��°�� ; � ��.:r�� , � , � I � � � N � T'r�rn�h � � �"ur�u��in� � � M y�4(��'9 ra�rt ki��;� � ; 5av�5 u�t'��ts � M , � , � , � , ' -- � -- -.�.,, � - � - ��,,�»,. ��"`�".. ��,��,� �---�. .� '�� `„ ._.�-,.. �,,,,, '�' �--�•�µ"� � �.- ►-�- ��' � ....- , � � ,�' ,� �i ��: � �' �' %� � 1 �' 1`� � �"� ��.�� °:��:��.�,,,�� G��'�::� • Ex�a�ate ar�ound tree roots❑r tunnel under�the root zone. Tren�hing without proper root pruning�an se�erely damage roots. • Tunneling is preferred to root pruning,where possihle. • Root pruning hy❑r under the supervision of a�ertified arhorist must he done prior to ex�a�ation❑r grade�hange any time work en�roa�hes❑n the�riti�al root zone. o Ex�a�ate using an air spade,hydro ex�a�ation❑r hand tools to expose roots. o Cut roots�leanly,remo�ing n❑more than forty�40}per�ent of roots, o Ba�kfill and water immediately, o If the hole must he left❑pen past the end of day,�o�er roots with wet hurlapr 107 Lexin�ton Tree 1Vlana�ementlVlanual Figure '15 �RADE �HAN�E �U I DELI NE� �,��di� .�,�'� �� ___ �� ' .�. � ��, �� ,�.�� . � ..� ��w� � .��- .. _ �� ... �. - ��r� ��'��"""��m��„ �. �'""a� ��'i"". '� f � '�"'�� ,, �� " W�,� � . - ,��w ;��°��r�.�`�� w �^�. � �� ,u., � 1111AINTAIN EXISTING GRADE AR�IlND TREE Prote�t trees hy�reating terra�es with retaining walls to maintain the❑riginal grade around the root zone. Cutting❑r sha�ing roots❑r piling soil❑n top of roots t❑�reate a �ontinuous new grade will slowly kill the tree. A�oid drainage�hanges that�ould mean a tree gets to❑mu�h water❑r not enough. • If a grade�hange is needed within the�riti�al root zone,root pruning is required hefore that grade�hange is made. See Figure'14. 108 Lexington Tree Management Manual Basic Tree Risk Assessment Form Client Date Time Address/Tree location Tree no. Sheet of Tree species dbh Height Crown spread dia. Assessor(s) Tools used Time frame Target Assessment � Target zone � � � � Occupancy +; � s s t Yate �� c 3 � Target description Target protection 3= 3= 3= 1-rare U� u v +..� +,,Q .,X �,,X 2—occasional . � GJ•— GJ Gl V1 T+Gl i� pp pp� ep� �p 3—frequent u> N c� � �� 4—constant a� o�C a 1 2 3 4 Site Factors History of failures Topography Flat❑Slope❑ %Aspect Site changes None❑ Grade change❑Site clearing❑ Changed soil hydrology❑ Root cuts❑ Describe Soil conditions Limited volume❑Saturated❑ Shallow❑ Compacted❑Pavement over roots❑ % Describe Prevailing wind direction Common weather Strong winds❑Ice❑ Snow❑Heavy rain❑ Describe Tree Health and Species Profile Vigor Low❑ Normal❑ High❑ Foliage None(seasonal)❑ None(dead)❑ Normal % Chlorotic % Necrotic % Pests/Biotic Abiotic Species failure profile Branches❑Trunk❑ Roots❑ Describe Load Factors Wind exposure Protected❑Partial❑ Full❑ Wind funneling❑ Relative crown size Small❑ Medium❑ Large❑ Crown density Sparse❑ Normal❑ Dense❑ Interior branches Few❑Normal❑ Dense❑ Vines/Mistletoe/Moss❑ Recent or expected change in load factors Tree Defects and Conditions Affecting the Likelihood of Failure —Crown and Branches— Unbalanced crown❑ LCR % Cracks❑ Lightning damage❑ Dead twigs/branches❑ %overall Max.dia. Codominant❑ Included bark❑ Broken/Hangers Number Max.dia. o Weak attachments❑ Cavity/Nest hole /circ. Over-extended branches❑ Previous branch failures❑ Similar branches present❑ Pruning history Dead/Missing bark❑ Cankers/Galls/Burls❑ Sapwood damage/decay❑ Crown cleaned ❑ Thinned ❑ Raised ❑ Reduced ❑ Topped ❑ Lion-tailed ❑ Conks❑ Heartwood decay❑ Flush cuts ❑ Other Response growth Condition(s)of concern Part Size Fall Distance Part Size Fall Distance Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Likelihood offailure Improbable❑ Possible❑ Probable❑ Imminent❑ Likelihood offailure Improbable❑ Possible❑ Probable❑ Imminent❑ —Trunk— —Roots and Root Collar— Dead/Missing bark❑ Abnormal bark texture/color❑ Collar buried/Not visible❑ Depth Stem girdling❑ Codominant stems❑ Included bark❑ Cracks❑ Dead ❑ Decay❑ Conks/Mushrooms❑ Sapwood damage/decay❑ Cankers/Galls/Burls❑ Sap ooze❑ Ooze ❑ Cavity❑ %circ. Lightning damage❑ Heartwood decay❑ Conks/Mushrooms❑ Cracks❑ Cut/Damaged roots❑ Distance from trunk Cavity/Nest hole %circ. Depth Poor taper❑ Root plate lifting❑ Soil weakness❑ Lean ° Corrected? Response growth Response growth Condition(s)of concern Condition(s)of concern Part Size Fall Distance Part Size Fall Distance Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Load on defect N/A❑ Minor ❑ Moderate❑ Significant❑ Likelihood offailure Improbable❑ Possible❑ Probable❑ Imminent❑ Likelihood offailure Improbable❑ Possible❑ Probable❑ Imminent❑ Page I of 2 109 Lexington Tree Management Manual Risk Categorization Likelihood Failure Impact Failure&Impact Consequences Target Condition(s) (�rom Matrix 1) (Target number Tree part a �, �, ordescriptionJ ofconcern � � � � 3 T s � � � Risk � � � � c � a 3 Y .� L � a rating a � o E � 3 a � Y E a � on °c c � (from � a a` � j � � _ � ,° � > Z � H H Matrix 2J MatrixI.Likelihood matrix. ��i��.j��i��.��.��.��. Likelihood Likelihood of Impact of Failure Very low Low Medium High ImminentUnlikely Somewhat likely Likely Very likely ��.j��.��.��.��. Probable Unlikely Unlikely Somewhat likely Likely ��.��.��,��.��.��. Possible Unlikely Unlikely Unlikely Somewhat likely Im proba bl e U n I i ke ly U n I i ke ly U n I i ke I y U n I i ke ly ��.��E��.��.��. Matrix2.Risk rating matrix. Likelihood of Consequences of Failure Failure&Impact Negligible Minor Significant Severe ; . � . . . Very likely Low Moderate High Extreme � .j � . � . . . Likely Low Moderate High High Somewhat likely Low Low Moderate Moderate IY'��:��r�:Jh� ,,,„ Unlikely Low Low Low Low �� ' Notes,explanations,descriptions /, Mitigation options i. Residual risk 2. Residual risk 3. Residual risk 4. Residual risk Overall tree risk rating Low❑ Moderate❑ High❑ Extreme❑ Overall residual risk None❑ Low❑ Moderate❑ High❑ Extreme❑ Recommended inspection interval Data❑Final❑Preliminary Advanced assessment needed❑No❑Yes-Type/Reason_______________________________ Inspection limitations❑None❑Visibility❑Access❑Vines❑Root collar buried Describe____________________________ This datasheet was produced by the International Society of Arboriculture(ISA)—2017 Page 2 of 2 11� Lexington Tree Management Manual `�us MOqH� �o�` 1775 �c o Town of Lexington a LL Z�D ��m �`"� Department of Public Works y � Z � 7, � a� APRIL 19'" �FXING�� Attestation of Certified Arborist Date I, , certify that: 1. It is my professional opinion that the tree(the"Tree")identified in the accompanying permit application and ISA Basic Tree Risk Assessment form(the"Assessment Form"), in accordance with a Level 2 ISA, BMP Tree Risk Assessment, is dead or at high or extreme overall risk and that no alternative reasonable mitigation of the risk exists other than by the removal of the Tree; 2. I have personally overseen the inspection of the Tree and the property on which it is located (the"Property")that is referred to in the attached Assessment Form and this Certification and have stated my findings accurately.The extent of my assessment of the Tree is stated in the attached Assessment Form; 3. I have no current or prospective ownership interest in the Property associated with the Tree that is the subject of this Assessment Form and Certification,and I have no personal interest or bias with respect to the parties involved; 4.The analysis, opinions and conclusions stated herein are my own; 5. My compensation associated with this ISA Basic Tree Risk Assessment and this certification is not contingent upon the reporting of a predetermined conclusion that favors the cause of the owner of the Property or any other party;and 6.All of the above statements are made in my professional judgment in accordance with standards of conduct required for certified arborists. Signature ISA Number MCA Number 111 Lexington Tree Management Manual LEXINGTON INVASIVE TREE LIST FOR TREE BYLAW EXEMPTION Common Name Scientific Name sycamore maple Acer pseudoplatanus tree-of-heaven Ailanthus altissima autumn olive Elaeagnus umbellata European buckthorn;glossy buckthorn Frangula alnus;Rhamnus frangula melaleuca Melaleuca quinquenervia catclaw mimosa Mimosa pigra Am u r cork-tree Phellodendron amurense Japanese black pine* Pinus thunbergii* Callery(Bradford)pear** Pyrus Calleryana** large gray willow Salix atrocinerea;Salix cinerea ssp. oleifolia gray willow; rusty willow Salix cinerea *Listed in 2017. As of 12/31/2022,nursery agents/growers may no longer receive or begin propagation. Existing stock received or propagated before this date may be sold until 12/31/2025. This tree will not be accepted as mitigation planting. **Listing on the MA Prohibited Plants List expected by the end of June 2024,after a 2022 recommendation by Mass.Invasive Plants Advisory Group. Even if commercially available after this date,this tree will not be accepted as mitigation planting. Whv we have excluded from exemption two trees that are on the MA Prohibited Plant List: Acer platanoides (Norway maple) Widely planted as a replacement for American Elm in the early 20th century, Norway maple represents such a large percentage of Lexington's tree canopy that we cannot encourage its wide-scale removal at this time. Exemption from the mitigation requirement of the bylaw does not accurately reflect the value of mature Norway maples. Many municipalities advise that small specimens be removed, and mature ones allowed to live until they decline,at which point they should be replaced with native canopy species. Robinia pseudoacacia(Black locust) While the species is native to central portions of Eastern North America, it is not indigenous to Massachusetts. It has been planted throughout the state since the 1700's and is now widely naturalized. It behaves as an invasive species in areas with sandy soils. Black locust seeds do not disperse as widely as do Norway maples,and the trees support many forms of wildlife. The tree's presence in pockets in Lexington provides much-needed shade. As with Norway maples, removal of seedlings and gradual replacement of declining mature trees is a practical approach that retains tree canopy. 112 Lexington Tree Management Manual LARGE SHADE TREE LIST Large shade trees for 4x mitigation credit have a mature height of at least 40'and spread of at least 30'. No columnar cultivars qualify unless they meet those criteria. Trees not native to New England were included only if they offered characteristics that may be hard to find in native trees available in 3"caliper size. No western trees are included. Common Name Scientific Name Acceptable Attributes cultivars Bald Cypress Taxodium distichum(native to `Monarch of Illinois' Pyramidal deciduous conifer southeast/mid-Atlantic) 50-70'h x 20-30'w,suitable street tree Basswood Tilia americana(NE native) 60-80'h x 30-55'w,salt-sensitive Birch,River Betula nigra(NE native) 40-70'h x 40-60'w,exfoliating bark, suitable street tree Birch,Black or Betula lenta(NE native) 40-55'h x 30-45'w,fall color Sweet Black Walnut Juglans nigra(NE native) 50-75'h x 50-75'w,oval to rounded crown on tall trunk at maturity Butternut Juglans cinnera(NE native) 40-60'h x 30-50'w Catalpa,Northern Catalpa speciosa(NE native) 40-60'h x 20-40'w,pannicles of bell-shaped flowers Cherry,Black Prunus serotina(NE native) 60-90'h x 35-50'w,small white flowers and black fruits Elm,American Ulmus americana(NE native) DED-resistant: 60-80'h x 50-70'w,vase shape, `Princeton' suitable street tree. U structure `Jefferson' branching(Jefferson)preferable to `New Harmony' V structure(Princeton), `Valle For e' Hackberry Celtis occidentalis(southern 40-60'h x 40-60'w,cylindrical at NE native) maturity,suitable street tree tolerates urban environments Hemlock, Tsuga canadensis(NE native Not used as hedge 60-80'h x 25-40'w,fine-textured Canadian or needled evergreen. Placement on Eastern cool,damp N slope critical for tree's health and survival. May require treatment for wool adel id. Hickory, Carya ovata(NE native) 50-100'h x 20-40'w,few pests or sha bark diseases,fruit can be litter problem Honeylocust Gleditsia triacanthos inermis Shademaster, 50-60'h x 25-35'w,casts open light midwest native Sk line,Halka shade,suitable street tree Kentucky Gymnocladus dioicus(Midwest Male cultivars only 60-75'h x 30-50'w,tolerant of tough Coffeetree native) conditions and unattractive for much of year,best used as street tree,not specimen tree Magnolia, Magnolia acuminata(NE 50-80'h x 50-80'w,flowering Cucumber native) Maple,Red Acer rubrum(NE native) 40-70'h x 20-40'w,fall color, suitable street tree Maple,Sugar Acer saccharum(NE native) `Fall Fiesta' 75'h x 30-50'w,needs lots of `Commemoration' ground space and water for health `Flash Fire' and survival,not suitable as street `Green Mountain' tree 113 Lexin ton Tree Mana ement Manual Oak,Black Quercus velutina(NE native) 50-60'h x 50-60'w,not suitable as street tree Oak,Bur Quercus macrocarpa(native to 70-80'h x 70-80'w,excellent park central plains) and large area specimen tree, suitable street tree Oak,Chestnut Quercus montana(NE native) 60-70'h x 60-70'w Oak,Pin Quercus palustris(NE native) 75'h x 40'w,downward branching makes unsuitable next to street, good as setback tree Oak,Red Quercus rubra(NE native) 75'h x 30-45'w,suitable street tree Oak,Scarlet Quercus coccinia(NE native) 75'h x 40-50'w,late scarlet or russet fall color,not suitable street tree Oak,Swamp Quercus bicolor(NE native) 50-60'h x 50-60'w,drought White resistant,easier to transplant than white oak,yellow fall color Oak,White Quercus alba(NE native) 50-80'h x 50-80'w,good park/meadow tree,slow growing, not suitable street tree Pine, Eastern Pinus strobus(NE native) Many 50-80'h x 20-40'w,needs sun,easy White to transplant,branches break in high wind,not suitable street tree Sassafrass Sassafras albidum(NE native) 30-60'h x 25-40'w,3 forms of leaves,hard to transplant,forms colonies,not suitable street tree Sweetgum Liquidambar styraciflua(native 60-75'h x 40-50'w,beautiful to southern NE) variable fall color,messy fruit, suitable street tree if roots have enough room Sycamore, Platanus occidentalis(NE 75-100'h x 75-100'w,massive trunk American native) with flaking bark,open crown,good street tree Tuliptree Liriodendron tulipifera(NE 70-90'h x 35-50'w,fast-growing tall native) tree with tulip-shaped leaves and greenish-yellow flowers,some cultivars suitable as street trees Tupelo Nyssa sylvatica(NE native) `Wildfire' Glossy green leaves with bright fall `Green Gable' color,bluish black fruit,suitable street tree Yellowwood Cladrastis kentukea(native to 30-50'h x 40-55'w Broad,rounded southeast) crown with panicles of white, fragrant flowers,not suitable as street tree due to low branching; good setback tree 114 Lexington Tree Management Manual ACCEPTABLE TREE PLANTING SITE GUIDELINES Unless otherwise specified, numbers given are minimum distances from tree center: at least 3'x 6'or 16 square feet with minimum Tree pit size width of 3'(Low oxygen trees preferred for small spaces) Distance from curb edge,where street has curb 30" Distance from adjacent trees 15'-40',varies with species Distance from street intersections 20' Distance from driveways 5' Distance from fire hydrants 10' Distance from underground utility lines 10' Distance from gas or water valve 10' Height of trees under utility lines 30'maximum at maturity Distance from street lights 10',varies with species Distance from utility poles 15' Distance from stop sign 20' Distance from traffic signs Depends on sightline requirements Distance to opposite obstructions 5' Suggested distance from parking meters 5' Passage for ADA considerations 3'wide sidewalk Passage for sidewalk plows 5'wide sidewalk Distance from house 20' Distance behind overhead wire for large tree 10' Mitigating circumstances would shade solar installation within 10 years. Less than ideal conditions will be evaluated on a site-by-site basis. 115 Lexington Tree Management Manual BEST SMALL STREET TREES UNDER WIRES Less than 30'h, upright or vase shaped at maturity, salt and drought tolerant. Common Scientific Name Acceptable Attributes Suitable for Name cultivars curb strip lantin Alleghany Amelanchier laevis 15-30'h x 8-18'w, early Only single Serviceberry (NE native) showy white flowers, fall stem color Amur Maackia 20-30'h x 20-35'w,fragrant No Maackia amurensis (non- white midsummer flowers native) Canada Red Prunus virginiana Canada Red', 20-25'h x 15-20'w, green Only single Chokecherry 'Canada Red'(NE 'Shubert' spring leaves turn purple in stem native) summer,white flowers and small redish-purple fruits Crabapple Malus spp. Columnar Showy flowers, fruit No ypes such as `Adirondack' `Sentinel' `Strawberry Parfait' European Sorbus aucupani 25-30'h x 15-25'w, showy Only single Mountain (non-native) flowers and fruit, EAB stem Ash resistant Flowering Prunus sargentii `Accolade' 15-25'h x 15-25'w, showy No Cherry (non-native) `Amanagawa' flowers,fruit, short-lived or Prunus `Royal serrulata (non- Burgundy' native) and others Hawthorn Crataegus viridis or `Winter King', 25'h x 25'w, mainly thornless, No phaenopyrum 'Princeton red fruit persist in winter (native to Sentry', southeast) 'Fastigiata'or other upright thornless varieties Japanese Styrax japonicus 20-30'h x 15-25'w, showy No Snowbell (non-native) bloom Sweetbay Magnolia virginiana 10-20'h x 8-15'w,fragrant No Magnolia (NE native) white late spring flowers and small red summer fruit 116 115 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: ARPA: Follow-up on Final ARPA Spending ITEM PRESENTER: NUMBER: I.6 S UMMARY: C ategory: Informing The F inance Department is seeking feedback and direction on the final allocation of American Rescue P lan Act (ARPA) funds ahead of the upcoming deadline to have all funds obligated by December 31, 2024. A p re s entatio n is attac hed with remind ers and thre e c lo s e-o ut p ro j ec ts fo r the B o ard's c o ns id eratio n. S everal b id s o lic itatio ns fo r AR PA p ro j ec ts are due in the next two we eks. A financ ial up d ate and p ro j ec t s tatus rep o rt will b e availab le ahead o f the B o ard's 12/16/24 me eting and at that time s taff will p re s ent a final rec o mmendatio n fo r allo c ating remaining AR PA fund s b as ed o n the B o ard's direc tio n fro m this item. SUGGESTED MOTION: FOLLOW UP: F inance staff will bring back a final recommended allocation of ARPA funds for a vote on Monday, December 16th. DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 7:45pm ATTACHMENTS: Description Type � �,�I��.�,�..�� ..��m��,��,��,�� I:�,.��' �I��°��,��,�� L��I�J�T�� H I��ETT� . �� `�� ` � ��.. ; - � �� P � �� _ � �'�� - �r ��1��. 1' ��, ■ un in ose- u Rem i nders: • All ARPA funds must be "Obli ated" b December 31 2024. "Obli ated" g y � g means an executed contract and u rchase order m ust be i n lace b p p y 12/31 /2024. • The Town of Lexi n ton's ARPA al location is u nder 10M and therefore has g been fu I I re orted as al lowed b le islation as "lost reven ue". AI I fu nds y p � y g � claimed as lost revenue ma be a lied to "an munici al ur ose" with y pp y p p p the exce tion of a i n debt service or al locati n i nto reserve or trust p p y g g fu nds. • A `close-out' ro'ect shou Id be identified — al I u nal located and p J u nencu m bered ARPA fu nds ma be a I ied to these ro'ect as of y pp p J 12/31 /2024. 2 �� `�� ` � ��.. ; - � �� P � �� _ � �'�� - �r ��1��. 1' ��, ■ un in ose- u Cu rrent Status: • Fi nance StafF conti n ue to review u nal located/u nencu m bered fu nds and are activel worki n with the Sen ior Mana ement Team to fi nal ize y g g contracts and u rchase orders. p • Several reviousl a roved ro'ects are out to bid with d ue dates on p y pp p J th th December 12 & 19 2024. , • Fi nal u nencu m bered/u nal located fu nds are ex ected to be less than p 100K. A fi nal esti mate wi I I be avai lable at the Board's next meeti n on g th Decem ber 16 . • StafF are seeki n u idance and rioritization on th ree fi nal ARPA gg p re uests i n order to fu I I obl i ate ARPA fu nds and be i n the close-out a y g g p rocess. 3 �� `�� ` � ��.. ; - � �� P � �� _ � �'�� - �r ��1��. 1' ��, ■ un in ose- u Final ro'ects for consideration: p J • Lex250 — The Lex250 Com m ission is activel lan n i n u rchasi n and y p g� p g contractin services. Several Lex250 items bud eted with ARPA Funds g g ma not be obl i ated b 12/31 /2024. The com m ission has re uested to y g y q real locate stafF overti me ex enses to ARPA from local fu nds thereb p � y releasi n fu nds from the local a ro riation wh ich ma be used be ond g pp p y y 12/31 /2024. Th is wi I I not chan e Lex250's total ARPA al location but wi I I g � solve a ti m i n issue with the use of fu nds. a rox. 270 K g pp • Zonin Im act Stud — in LUHD de artment to evaluate MBTA zonin g p y p g i m act a rox. 40 K p pp • Town-wide Com ostin — the FY2026 bud et is absorbin the cost of p g g g rovid i n com ost col lection to a roxi matel 4 000 households at the p g p pp y � cost of 396K. Consider al locati n an remai n i n ARPA fu nds to s read g y g p this im act into FY2027 i.e. u to 100K p p 4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Acceptance of Modified Turnaround Easement for 32 Brookside Avenue (formerly 10 Stedman Road) PRESENTER: ITEM NUMBER: Atto rney F red G ilgun b ehalf o f Homes Development I.7 S UMMARY: Category:Decision-Making Town Counsel has reviewed the easement document and his edits are included. SUGGESTED MOTION: Mo ve to/no t to vo te to ac c ep t the eas ement amendment fo r 3 2 B ro o ks id e Ave. FOLLOW UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/9/2024 B:OSpm ATTACHMENTS: Description Type � ��;��r�� ,��,�� ;�,��.�� .��,��~��,� � ��;��r��,��,��,��,�� ;�,��.�� .��,��,� � ��,��ro��a��,,,,,�:�,��,� ��;�,��.�� .��,��~��,� � ��;��r��„�a��°��,��a,��a,��,��a,�� ;�,��.�� .��,��~��,� �;�� u � � ��• �� ..,�•�� "IVV��Y �wif 1'�� i " �''��: "� ��r� "I"I��+��:�""��'�dl A tl I ��.�� I� u � . �'��`�""� ��"��« �� w��`+��I,*�1� ��1�� ►�`��';��1'�y �� I�"��c� :�� .��.� �r�.�i��.�� . �.� ��.�.�r�� :�, �� .�� :�� '�.��, ��. ��r� �. ��"��i�, �� '�� "��h� �'�� 1'�. �`��1� �"�u�� . � ��►��, �;�t�r� �'��.��, �� i�:�� ,�� "�� .� ��r��, �T��t��, ��,��r�� r�a�� , �� .�� ,�� "�'��r�"� +��► ��,� �� ,.��'�� i� �� .,��t� �.�.��i��.� c��r�+��.�� i��.�.�� +�� r�� .� �� , � , � �� 1'��r�� .�� L.��.� �� :��,��.��► �"��,� • . . � � � +��1�� .�"��,�� ►C��"C� �`�� ``��'��, ��" ��.�� (��,��+��'" �+i��,�+��`;�d��3:�. ��1 �L�1��+�� dC��'1 ` � � � �� . •y� /""�{ ,,/"� ".� 9 �� JM..,i �\.✓�„�.,'�"'.�. �i.�� L�.� ��.��R�.,,INYi � �°lk,A'�.��'W A��«�w.�� .R��,� Mn.�,�� '�� +�r..,�✓.�i.� A,.�. .�...��,,� »i�+#4 ��,�.�✓ d � �� `��. �� r� � ��.� ��1�� a��r �� .� ��i�� r��. � ��. �.� `��"��' Tu.�� '� ��:�� "��.�:�� r�� . �� .�� .r� � � � ��i��. �'��r� �"�� `��.�a+� ��.+� �� i:�. 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" �r , 3 6�/,k G1�2 ,' / D� �� .Ol 01 .. ...��, ' , i � % J f �I� Li � J�m��O r��.' ��/!, 'm ��(�7 � , :i.: i ' �� ` � i / / / J J� ,/�� ' / / / � � � r J ...��, A,�d , , /� �,/ / j � / '�� / % � l� � � � „„ %��%r �p�z� /��z� i 4 % / �;'�' ' , / ii � ,� �o o ��o ��,,r ,/l �.� ?�l� � �� ( � ��ji„;i� D� D� i� , , ��,,,,i� " m m ��i...� 1/"'�� . �'. �°i/'Ir }� l PROPOSED PAVEMENT EXPANSION REVISIONS N PATRIOT Engineering �"°`�NS 8-31-2024 MJN PLANNINGCOMMENTS 32 BROOKSIDE AVENUE LOCATED IN �`��'� s"��'y 09-18-2024 MJN PLANNING COMMENTS LEXINGTON MA N �i�icHAE��.�s PLANNING COMMENTS � o m LEXINGTON,MA POBOX362 a� �C�LK = �o-o�-zoz4 MJN T � (MIDDLESEX COUNTY) LEXWGTON,MASSACHUSETTS 02420 V iuo.sns�s y 10-09-2024 MJN PLANNING COMMENTS � T:(978)726-2654 E��°�� DRAW N BY:MJ N DATE:5-24-2024 PREPARED FOR �W.patriot-eng.com M�� HOMES DEVELOPMENT CORP. cHECKE�Bv:M�N JOB No:ESS-ST .�, µ'�� Town of Lexington ��. .�u�� 9��. k �� '�'�� "� �'��"�;�,, PLANNING Abb McCabe Plannin �� y , g �. �; � I� �� ,� � �� Director �� . °� �� DEPARTMENT �q� �� '�N ��'�i �� , � Meg an McNamara Assistant �°�'�'� �'� � �"��"b� �.�..�'�..��°�°� ' ��u �n �; � �� 1625 Massachusetts Avenue � Pl nnin Dir r � �� ; �� K��,��» a g ecto �� Lexington, MA 02420 ��n��;�w�.p w ,� ,, �� .�� "�� ,��.��.�� Tel (781) 698-4560 � plannin (a�,lexin tonma.gov www.lexin tonma.�ov/planning Memorandum To: Steve Bartha,Town Manager Doug Lucente, Chair Select Board Members Kim Katzenback, Executive Clerk From: Abby McCabe, Planning Director Date: December 4, 2024 Re: Amendment to 2010 Turnaround Easement 32 Brookside Ave. Background On July 14, 2010,the Planning Board approved a Definitive Subdivision for the creation of one new house that would extend Stedman Road. The Planning Board's approval waived the construction of the circular turnaround as part of the street layout required for dead-end streets, provided a hammerhead turnaround was provided within an easement on the new house lot. On September 13, 2010, the easement was executed with the Select Board. The purpose of the easement is to allow the Town's Fire Department, any other town governmental personnel, and members of the public to use the easement area to turn vehicles into the easement and reverse direction on Brookside Avenue. On October 9, 2024, the applicant requested, and the Planning Board approved, a modified turnaround on the lot formerly known as 10 Stedman Road and now known as 32 Brookside Avenue. The modified turnaround consisting of porous paver at a depth of 20.5 feet and 25 feet wide has been constructed and work associated with the 2010 and 2024 approval have been completed. The reduced size turnaround area (N512 SF) can accommodate smaller emergency vehicles such as an ambulance and standard size vehicles is the smallest the Planning Board and Fire department was willing to accept during the 2024 modification hearings. Request The Applicant, Homes Development Corp., is requesting the 2010 turnaround easement be modified to reference the turnaround area modified in October 2024. All other aspects of the easement granting Page 1 of 2 town and public access for a turnaround area should remain in full force in effect including long term maintenance by the current and all future property owners. Action The Applicant is seeking to close on the property in mid-December and requests the Select Board's vote to accept the Amendment to 2010 the turnaround easement. The request requires the Board's vote, signatures, and recording at the Registry of Deeds. Exhibits: September 13, 2010 Recorded Easement 2024 Modified Turnaround Pavement Expansion Plans 2 FIRST AMENDMENT OF EASEMENT THIS FIRST AMENDMENT OF EASEMENT (this "Amendment") is made this day of December, 2024, by and between Homes Development Corp. (the "Lot Owner"), a Massachusetts corporation, and the Town of Lexington, a Massachusetts municipal corporation (the "Town"), amending the Easement, dated September 13, 2010 and recorded with the Middlesex South District Registry of Deeds in Book 55811, Page 564 (the "Easement"). Whereas, the Lot Owner holds title to a certain parcel of land, known and numbered as 32 Brookside Avenue, Lexington, Massachusetts, f/k/a 10 Stedman Road, Lexington, Massachusetts (the "Lot"), being the lot shown on a plan entitled Definitive Plan of Land Stedman Road in Lexington Massachusetts Middlesex County, dated February 5 2010, and recorded with Middlesex South District Registry of Deeds (the "Registry") as Plan No. 799 of 2010 (the "Definitive Subdivision Plan"); WHEREAS, reference is made to a Certificate of Action, dated October 20, 2010, issued by the Town of Lexington Planning Board (the "Planning Board") approving the Definitive Subdivision Plan, which is recorded with the Registry in Book 55811, Page 543 (the "Certificate of Act i o n"); WHEREAS, in accordance with the condition of the Certificate of Action, Alfred L. Casella, individually and Alfred L. Casella, and Robert W. Weinstein, as Co-Trustees of The Pauline M. Caselli Trust—2007, u/d/t dated February 2, 2007, the then owners of the Lot, executed the Easement granting the Town a non-exclusive 1,428 SF easement in gross over a portion of the Lot shown as "Prop Turnaround Easement" on the Definitive Subdivision Plan (the "Turnaround Easement Area"); WHEREAS, on October 9, 2024, the Planning Board voted to approve a Modification to Certificate Action (the "Modification") pursuant to which the Definitive Subdivision Plan was revised and the Turnaround Easement was redesigned (the "Revised Subdivision Plan"). The Modification and the Revised Subdivision Plan are recorded herewith. NOW THEREFORE, in consideration of One Dollar and other good and valuable consideration, the Lot Owner and the Town hereby amend the Easement as follows: The following language in the first paragraph of the Easement, describing the Turnaround Easement Area,: "the driveway easement area shown as "Proposed Turnaround Easement" the ("Easement Area") on that certain plan entitled "Definitive Plan of Land Stedman Road in Lexington, Massachusetts", prepared by Commonwealth Engineering, Inc., dated February 5, 2010, last revised on July 21, 2010 (the "Plan") recorded herewith" is hereby deleted in in its entirety and replaced with the following: "the area shown as "Proposed Porous Turnaround Area" (the "Easement Area") on that certain plan entitled "Proposed Pavement Expansion", Located in Lexington, (Middlesex County),prepared by Patriot Engineering, prepared for Homes Development Corp., dated May 5, 2024, and last revised October 9, 2024", Plan sheet 2 of 4recorded herewith". Except as and to the extend specifically modified hereby, the Easement shall remain unchanged and without modification and amendment and shall remain in full force and effect including maintenance and shall run with the land including all successive property owners. Lot Owner warrants and represents that there are no mortgages of record encumbering the Easement Area for which approval would be required or that will negate or negatively impact the Easement. This Amendment represents the entire agreement between the Lot Owner and the Town with respect to the subject matter hereof. Executed as a sealed instrument this day of December, 2024. HOMES DEVELOPMENT CORP. By: John A. Esserian Its: President and Treasurer COMMONWEALTH OF MASSACHUSETTS Middlesex, ss December__,2024 On this day of December 2024,before me, the undersigned notary public, personally appeared John A. Esserian proved to me through satisfactory evidence of identification which was personally known to me to be the person whose name is signed on the preceding document and acknowledged to me that he signed it voluntarily for its stated purpose as President and Treasurer of Homes Development Corporation. Notary Public My Commission expires: Executed as a sealed instrument this day of December, 2024. TOWN OF LEXINGTON M EM BERS OF TH E SELECT BOARD Douglas M. Lucente, Chair Jill I. Hai, Vice Chair Susanne E. Barry Joseph N. Pato Mark D. Sandeen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss December__,2024 On this day of December, 2024,before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification which was personally known to me to be the person whose name is signed on the preceding document and acknowledged to me that he/she signed it voluntarily for its stated purpose as of the Town of Lexington. Notary Public My Commission expires: