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2025-11-17 SB Packet - Released
SELECT BOARD MEETING Monday, November 17, 2025 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA EXECUTIVE SESSION 1.Exemption 6: To Consider the Purchase, Lease, Value of Real Property - Silk Fields PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1.Select Board Member Announcements and Liaison Reports 2.Lexington High School Project Update to Board TOWN MANAGER REPORT 1.Town Manager Weekly Update CONSENT AGENDA 1.Approve: Battle Green Use Request - TCGT Entertainment B-Roll Filming - Saturday, November 22, 2025 2.Approve: Select Board Appointment to State Special Commission for Celebration of the 250th Anniversary of the American Revolution Semiquincentennial Commission, Chair - Monami D. Roy 3.Application: Limousine License - Sirius Limo Services Sirius Limo Services - 7222 Lexington Ridge Drive, 1 Vehicle 4.Approve: Water and Sewer Adjustments ITEMS FOR INDIVIDUAL CONSIDERATION 1.Approve: FY2026 Tax Classification Options 7:00pm Continued Public Hearing Approval FY2026 Tax Classification Options 2.Review & Approve: 6th Edition of Tree Management Manual 7:10pm 3.Discussion: Select Board and Town Manager Goals for FY2026 7:20pm 4.Establish 2026 Annual Town Meeting and Annual Election Dates 7:40pm 5.Review: Proposed 2026 Select Board Meeting Dates 7:50pm ADJOURN 1.Anticipated Adjournment 8:00pm Meeting Packet: https://lexington.novusagenda.com/agendapublic/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://lexingtonma.zoom.us/j/82013535294? pwd=mGvKYC9PHOT8ByUHHa0a18jNRhRXpf.1 Phone +1 646 876 9923 Meeting ID: 820 1353 5294 Passcode: 848540 An Act Relative to Extending Certain State of Emergency Accommodations: https://www.mass.gov/the-open-meeting-law A Summit meeting of the Select Board, Capital Expenditures Committee, Appropriation Committee, and School Committee will held on Thursday, November 20, 2025 at 7:00pm via hybrid participation. The next regularly scheduled meeting of the Select Board will be held on Monday, December 8, 2025 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and subject to change. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Exemption 6: To Consider the Purchase, Lease, Value of Real Property - Silk Fields PRESENTER: Board Discussion ITEM NUMBER: E.1 SUMMARY: SUGGESTED MOTION: Move that the Board go into Executive Session under Exemption 6: To Consider the Purchase, Lease, Exchange, Value of Real Property - Silk Fields, and to reconvene in Open Session. Further, that as Chair, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER: Board Discussion ITEM NUMBER: LR.1 SUMMARY: Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment on any additional points or concerns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 ATTACHMENTS: Description Type Liaison Reports-Joe Pato-2025-11-17 Backup Material Joe Pato: Ad Hoc Crematory Study Committee II The Committee has met 5 times since it was formed this spring, once each in April, May, June, August, and October. It will be meeting again later this week. I have been serving as a non-voting chair pro-tem. I do not expect that there will be recommendation forthcoming for action at the upcoming Annual Town Meeting – but there should be a progress report. One of the issues that has diverted attention from the core charge has been concern over equity for a variety of burial practices that might not currently be available at Westview Cemetery. LHS Project The SBC met earlier on Monday, November 17, 2025, and heard updates from the project team. The video recording will be available shortly on the lhsproject.lexingtonma.org project site: o In response to questions from the community echoed by Mr. Lucente at last week’s Select Board Meeting, the design team provided a rough comparison with the proposed high school project in Burlington and the project in Watertown. The team stressed that all comparisons are difficult because there are many unique elements for each project. Burlington: This project is a combination of renovation and new construction. As the current school accommodates 2000 students, but the design target is for only 1000 students, large existing spaces like the 2 gymnasiums and auditorium were preserved with reduced need for renovation. As a result, the per-square foot cost of the entire project is understated. When comparing only the new construction portion of the Burlington project, the costs without scope adjustment are very similar to Lexington’s cost ($1,293/sqft for Lexington vs $1,263/sqft for Burlington). When adjusted for project scope the Burlington project is more expensive than Lexington’s. Watertown: The adjusted project cost for Watertown ($1,232/sqft) is again very close to Lexington’s projection. o Proposed reconfiguration of the fields by rotating by 90° the football, practice, and cricket overlay fields. This is the same footprint but changes the orientation and moves the grandstands, concession, and storage facilities to be less imposing for abutters. o Total Value Design (TVD) process has identified over $500K in cost reductions through improved sitework and structural elements. This is early progress, and more is expected. TVD differs from Value Engineering (VE) in that it seeks to find more efficient or improved implementation techniques rather than scope reduction often associated with VE. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Lexington High School Project Update to Board PRESENTER: Joe Pato, Select Board/School Building Committee Member ITEM NUMBER: LR.2 SUMMARY: Under this standing item, Joe Pato will share general updates on the Lexington High School Project, including progress reports, key milestones, and upcoming actions. This item is intended to provide regular updates to the Board on the project’s status and next steps. Public comment will not be taken on this item. For additional information and live updates, visit the project website: www.lhsproject.lexingtonma.org SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: Steve Bartha, Town Manager ITEM NUMBER: TM.1 SUMMARY: Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment on any additional points or concerns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Battle Green Use Request - TCGT Entertainment PRESENTER: Jill Hai, Select Board Chair ITEM NUMBER: C.1 SUMMARY: Category: Decision-Making That Child Got Talent Entertainment (TCGT Entertainment) has requested permission to use the Battle Green on Saturday, November 22, 2025, from 9:00 AM to 11:00 AM for a limited filming session. The filming will capture the Battle Green as a backdrop for an augmented reality project commemorating the 250th anniversary of the Battle of Lexington. Filming will take place near the Minutemen Memorial. The team will consist of four participants and will use a single camera on a tripod. No drones, lighting equipment, or sound amplification will be used. No road closures or public attendance are expected. The Police Department and Grounds Department have no objections to this request. SUGGESTED MOTION: Move to approve the Battle Green Use Request submitted by TCGT Entertainment for filming related to an augmented reality project commemorating the 250th anniversary, on Saturday, November 22, 2025, from 9:00 AM to 11:00 AM, in accordance with all applicable Town regulations. FOLLOW-UP: Select Boards Office. DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 ATTACHMENTS: Description Type Filming Locations for Permit Backup Material AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Select Board Appointment to State Special Commission for Celebration of the 250th Anniversary of the American Revolution PRESENTER: Jill Hai, Select Board Chair ITEM NUMBER: C.2 SUMMARY: Category: Decision Making In 2021, the Select Board appointed Suzie Barry as Lexington’s representative to the Massachusetts Special Commission on the 250th Anniversary of the American Revolution. Following Ms. Barry’s resignation from the Lexington Semiquincentennial Commission, this state-level seat has remained vacant. The Semiquincentennial Commission now recommends its current chair, Mona Roy, for the Select Board’s consideration to fill the Lexington representative position on the Massachusetts Special Commission. SUGGESTED MOTION: Move to appoint Mona Roy as the Town of Lexington’s representative to the Massachusetts Special Commission on the 250th Anniversary of the American Revolution FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Limousine License - Sirius Limo Services PRESENTER: Jill Hai, Select Board Chair ITEM NUMBER: C.3 SUMMARY: Category: Decision-Making Sirius Financial Services, Inc, doing business as Sirius Limo Services, has requested approval of a new Limousine License for one vehicle. The applicant, Elnur Bairamov, has submitted all required paperwork. The license covers a 2022 Lexus LS-500, garaged at 7222 Lexington Ridge Drive, and operating within the Metrowest area. All relevant department reviews have been completed and there are no objections. SUGGESTED MOTION: To approve the application and issue one (1) Limousine License to Sirius Limo Services, operated by Sirius Financial Services, Inc. Move to approve the consent. FOLLOW-UP: Select Board Office. DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 ATTACHMENTS: Description Type Sirius Limo Services - Application Backup Material Town of Lexin ton, MA November 13, 2025 SBLM-25-4 Limousine License Status: Active Submitted On: 9/3/2025 Primary Location 7222 LEXINGTON RIDGE DR Lexin ton, MA 02421 Owner LEXINGTON RIDGE- AVALON INC ATTN: TAX DEPARTMENT 4040 WILSON BLVD STE 1000 ARLINGTON, VA 22203 Applicant Elnur Bairamov 781- elnur24bai@ mail.com 7222 Lexin ton Rid e dr Lexin ton, MA 02421 License Info 11/13/25, 12:12 PM SBLM-25-4 https://lexingtonma.workflow.opengov.com/#/explore/records/109147/details 1/4 Corporate Name* Sirius Financial Services Inc Are you operating under a D/B/A?* Yes D/B/A* Sirius Limo Services Is the owner different than the applicant?* No On-Site Manager Name* Elnur Bairamov On-Site Manager Primary Email* elnur24bai@gmail.com On-Site Manager Primary Phone Number* 781- Federal Identification No.* **-***8473 Number of Vehicles* 1 Routes* Metrowest Information on Each Vehicle If you have more than one vehicle, click "Add New" to enter the information for each vehicle. Make* Lexus Model* LS 500 11/13/25, 12:12 PM SBLM-25-4 https://lexingtonma.workflow.opengov.com/#/explore/records/109147/details 2/4 Year* 2022 Livery License Plate Number* LVA3003 Vehicle Identification Number* JTHF51GF7N5010559 Where Vehicle Garaged* Lexington Authorized Signature Applicant's Signature* Elnur Bairamov Sep 3, 2025 Workers Compensation Affidavit Business/Organization Name* Sirius Financial Services Inc Address* 7222 Lexington Ridge dr City* Lexington State* Massachusetts Zip Code* 02421 Telephone* 781- Business Type* Other Explain Other Business Type* Transportation 11/13/25, 12:12 PM SBLM-25-4 https://lexingtonma.workflow.opengov.com/#/explore/records/109147/details 3/4 Are you an employer? Select the appropriate option* I am a sole proprietor or partnership and have no employees working for me in any capacity. (No Workers Compensation Insurance required) Failure to secure coverage as required under MGL c. 152 25A is a criminal violation punishable by a fine up to $1,500 and/or one year imprisionment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided is true and correct.* Elnur Bairamov Sep 3, 2025 11/13/25, 12:12 PM SBLM-25-4 https://lexingtonma.workflow.opengov.com/#/explore/records/109147/details 4/4 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: Water and Sewer Adjustments PRESENTER: Jill Hai, Select Board Chair ITEM NUMBER: C.4 SUMMARY: Water & Sewer Adjustments per WSAB 8/28/25 ( $11,634.29) SUGGESTED MOTION: Move to approve the consent FOLLOW-UP: Treasurer / Collector DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 ATTACHMENTS: Description Type SB Meeting W/S Adjustments Cover Memo AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve: FY2026 Tax Classification Options PRESENTER: Carolyn Kosnoff, Assistant Town Manager for Finance; Rosalyn Impink, Budget Officer ITEM NUMBER: I.1 SUMMARY: Category: Decision-Making A vote is requested for this agenda item. This is the second meeting of the Select Board to establish the fiscal year 2026 tax rate. The FY2026 Tax Classification memo was posted to the Town webpage on November 7th and advertised to the public via legal notice, website and Constant Contact. On November 10, 2025, the Assistant Town Manager for Finance and the Board of Assessors presented FY2026 property valuations, budget and classification options that will determine the Fiscal Year 2026 tax rate. On that date the Board also held the tax classification hearing to take public comment on the classification options. Today's meeting is for the Board to vote the four options that will determine the FY2026 tax rate. These four items are described in the memorandum from the Board of Assessors to the Select Board in the attached Fiscal Year 2026 Tax Classification packet. The four votes are to: Establish a shift factor between 1.00 and 1.75 (see Exhibit A of the classification packet); Determine whether to adopt the Open Space Discount (the Town has no property classified as Open Space); Determine whether to adopt the Residential Exemption and, if so, the percentage (up to 35 percent); Determine whether to adopt the Small Commercial Exemption, and if so, the percentage (up to 10 percent); SUGGESTED MOTION: Move to establish a residential factor of .891 (plus additional decimals or rounding as needed) to result in a tax shift of 1.75 (see Exhibit A of the classification packet); Move not to adopt the Open Space Discount; Move to (adopt) (not adopt) the Residential Exemption (and, if so, the percentage, up to 35 percent); Move to (adopt) (not adopt) the Small Commercial Exemption. FOLLOW-UP: Finance staff will submit the Tax Rate Recap for approval to the Department of Revenue. The FY2026 third quarter actual tax bills will be issued by January 1st. DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 7:00pm ATTACHMENTS: Description Type FY2026 Tax Classification Presentation Backup Material FY2026 Tax Classification Packet Cover Memo Town of Lexington FY2026 Tax Rate Classification Hearing November 17, 2025 Town of Lexington 2 Tax Classification Options for Select Board Vote: 1.Selection of a Shift Factor – from 1.00 flat tax rate up to 1.75 shift 2.Selection of a Discount for Open Space –Not applicable as Lexington does not have property classified as Open Space 3.Residential Exemption – up to 35% exemption for owner occupied residences 4.Small Commercial Property Exemption – up to 10% exemption for small commercial properties Town of Lexington 3 Selection of a Tax Shift Factor •The Board may elect a Shift factor from 1.00 to 1.75 (see Exhibit A of Tax Classification Packet for a presentation of shift factors). •A shift factor of 1.00 indicates a ‘single’ tax rate where Residential and Commercial-Industrial-Personal (CIP) classes pay the same rate per $1,000 in value. •A factor above 1.00 shifts a portion of the tax levy from the Residential class to the Commercial-Industrial-Personal (CIP) property class, therefore decreasing the Residential tax rate and increasing the CIP tax rate. •In FY2025 Lexington’s shift factor was set at the maximum 1.75, and has been at that level since FY2015 (see Exhibit C of Tax Classification Packet for a history of shift factors). Town of Lexington 4 Selection of a Residential Shift Factor Impact of Shift Factors (Exhibit A) •At a 1.00 shift, each property class pays a share of the Tax Levy equal to the percentage of assessed value – this is a single tax rate of $13.82 •At a 1.75 shift, 9.5% of the total Tax Levy has shifted from the Residential class to the C-I-P class. •At a max 1.75 shift, the Residential Levy will increase by 5.7% and the C-I-P Levy will decrease by 3.4% (total Levy increase of 3.5%) FACTOR % SHARE OF LEVY TAX LEVY TAX RATE % LEVY CHANGE: C-I-P RESID C-I-P RES C-I-P RESID C-I-P RESID C-I-P RESID COMMENTS 1.000 1.000 12.7%87.3%$ 33,634,080 $ 231,706,712 $13.82 $13.82 -44.8%18.6%SINGLE RATE 1.200 0.971 15.2%84.8%$ 40,360,896 $ 224,979,896 $16.58 $13.42 -33.7%15.1% 1.300 0.956 16.5%83.5%$ 43,724,304 $ 221,616,488 $17.96 $13.22 -28.2%13.4% 1.400 0.942 17.7%82.3%$ 47,087,712 $ 218,253,080 $19.35 $13.02 -22.7%11.7% 1.500 0.927 19.0%81.0%$ 50,451,120 $ 214,889,672 $20.73 $12.82 -17.2%10.0% 1.600 0.913 20.3%79.7%$ 53,814,528 $ 211,526,264 $22.11 $12.62 -11.6%8.3% 1.650 0.906 20.9%79.1%$ 55,496,233 $ 209,844,559 $22.80 $12.52 -8.9%7.4% 1.700 0.898 21.5%78.5%$ 57,177,937 $ 208,162,855 $23.49 $12.41 -6.1%6.5% 1.710 0.897 21.7%78.3%$ 57,514,277 $ 207,826,515 $23.63 $12.39 -5.6%6.4% 1.720 0.895 21.8%78.2%$ 57,850,618 $ 207,490,174 $23.77 $12.37 -5.0%6.2% 1.730 0.894 21.9%78.1%$ 58,186,959 $ 207,153,833 $23.91 $12.35 -4.5%6.0% 1.740 0.893 22.1%77.9%$ 58,523,300 $ 206,817,492 $24.05 $12.33 -3.9%5.8% 1.750 0.891 22.2%77.8%$ 58,859,641 $ 206,481,151 $24.18 $12.31 -3.4%5.7%FY 26 MAX SHIFT Prior FY (2025) >$24.26 $ 12.23 Town of Lexington 5 Option to Adopt a Residential Exemption •The Board may elect to adopt a residential exemption of up to 35% of individual residential home values. This increases the tax rate per $1,000 of value, but exempts the selected percentage of value from being taxed. •The Residential Exemption has a ‘break-even’ point where lower valued homes would experience a reduction in taxes, and higher value homes would experience an increase in taxes. (see Exhibit G of Tax Classification Packet) •The exemption would not reduce the Tax Levy or shift the Tax Levy to the C-I-P class; it will be re-distributed to other Residential rate payers. •The exemption would only apply to owner-occupied residences; non eligible parcels would pay the higher tax rate. In 2018 the Select Board appointed a special Residential Exemption Policy Study Committee which ultimately advised against implementing the standard Residential Exemption in Lexington. The Committee’s final report was published in April 2019 and is available in the Town’s Archives: https://www.lexingtonma.gov/DocumentCenter/View/2056/2019-Residential-Exemption- Committee-Report-PDF?bidId Town of Lexington 6 Option to Adopt a Residential Exemption Example of 20% Exemption *See Exhibit G of the attached Classification Packet, or MA DOR calculator for additional information on the Residential Exemption: https://dls-gw.dor.state.ma.us/reports/rdPage.aspx?rdReport=Analysis.ResExemptionCalc (a)(b)( c )(d)(e)(f)(g) (h) (i) EXAMPLES OF ASSESSED VALUE PRELIMINARY TAX RATE @ 1.75 SHIFT ANNUAL PROPERTY TAX BILL EXEMPTED ASSESSED VALUE @ 20 % EXEMPTION NET ASSESSED VALUE 1 DERIVED TAX RATE NET TAX BILL Taxation $ Change (g-c) Taxation % Change (h/c) $600,000 $12.31 $7,389 $306,697 $293,303 $14.83 $4,349 -$3,040 -41.14% $800,000 $12.31 $9,852 $306,697 $493,303 $14.83 $7,314 -$2,537 -25.75% $1,000,000 $12.31 $12,315 $306,697 $693,303 $14.83 $10,280 -$2,035 -16.52% $1,100,000 $12.31 $13,546 $306,697 $793,303 $14.83 $11,763 -$1,783 -13.17% $1,200,000 $12.31 $14,778 $306,697 $893,303 $14.83 $13,245 -$1,532 -10.37% $1,300,000 $12.31 $16,009 $306,697 $993,303 $14.83 $14,728 -$1,281 -8.00% $1,400,000 $12.31 $17,241 $306,697 $1,093,303 $14.83 $16,211 -$1,030 -5.97% $1,500,000 $12.31 $18,472 $306,697 $1,193,303 $14.83 $17,694 -$778 -4.21% $1,600,000 $12.31 $19,703 $306,697 $1,293,303 $14.83 $19,176 -$527 -2.67% $1,700,000 $12.31 $20,935 $306,697 $1,393,303 $14.83 $20,659 -$276 -1.32% $1,800,000 $12.31 $22,166 $306,697 $1,493,303 $14.83 $22,142 -$24 -0.11% $1,809,727 $12.31 $22,286 $306,697 $1,503,030 $14.83 $22,286 $0 0.00% $1,900,000 $12.31 $23,398 $306,697 $1,593,303 $14.83 $23,625 $227 0.97% $2,000,000 $12.31 $24,629 $306,697 $1,693,303 $14.83 $25,107 $478 1.94% $2,500,000 $12.31 $30,787 $306,697 $2,193,303 $14.83 $32,521 $1,735 5.63% $3,000,000 $12.31 $36,944 $306,697 $2,693,303 $14.83 $39,935 $2,991 8.10% $5,000,000 $12.31 $61,573 $306,697 $4,693,303 $14.83 $69,590 $8,017 13.02% Town of Lexington 7 Option to Adopt a Small Commercial Exemption •The Board may elect to adopt a Small Commercial Exemption of up to 10% of the value of Small Commercial properties. •The exemption would apply to properties in the Commercial class that meet the following criteria: •Property value less than $1,000,000 •Business employs less than 10 employees (regardless of the location employees work from) •The exemption would not reduce the Tax Levy; it would be re-distributed to other rate payers in the Commercial-Industrial classes. •The exemption would be realized by the owner of the property, who may not be the occupant of the property. There is no requirement for pass- through. •Town Staff performed a deep dive analysis of the Small Commercial Exemption in June 2024. As reported, the benefits of a small commercial exemption should be weighed against the implementation challenges. Town of Lexington 8 Lexington offers a variety of tax relief programs, including tax exemptions for elderly, veteran, surviving spouse, and blind residents. The Town also administers a senior tax deferral program. For additional information on these programs, please review the Town’s tax relief brochure: https://www.lexingtonma.gov/168/Elderly-Other-Tax -Relief For questions or program assistance, please contact: •Lexington Assessors Office: 781-698-4578, or •Human Services Department: 781-698- 4840 Tax Relief Programs Town of LexingTon Fiscal Year 2026 Property Tax Classification Data Packet Prepared for the Lexington Select Board Prepared by: Lexington Assessors Office Members of the Board Chairman, Gregory A. Johnson Member, Edmund C. Grant Member, Casimir R. Groblewski Contributing Staff Carolyn Kosnoff, Asst. Town Manager for Finance Robert F. Lent, Director of Assessing Michael Golden, Asst. Director of Assessing Property Tax Classification Hearing November 10, 2025 FY2025 Lexington Tax Classification Packet Page 1 MEMO To: Lexington Select Board From: Lexington Board of Assessors Subject: FY2026 Lexington Property Tax Classification Meeting Date: November 10, 2025 This memo is intended to provide the Select Board with the necessary information to conduct a Public Hearing and Informational Session on the tax classification options available under Massachusetts General Laws. The classification amendment requires the Lexington Select Board to consider four (4) selections with respect to the setting the FY2026 Lexington tax rate. The decision of the Select Board for each alternative must be submitted to the DOR on MA State form LA-5. The four (4) selections are: 1.Selection of a residential factor2.Selection of a discount for Open Space 3.Residential exemption4.Small commercial property exemption 1.Selection of a residential rate factor. (Class 1: Residential; Class 2: Open Space; Class 3: Commercial; Class 4: Industrial, etc.) Per MA State Law, the Lexington Select Board may choose to adopt a residential rate factor, which will increase the tax rate applied to the commercial, industrial, and personal property (C-I-P) classes, by a factor (multiplier) of up to a maximum of 1.750. Adopting such a factor will shift a larger portion of the overall Lexington tax levy to the commercial, industrial, and personal property classes (CIP), thereby reducing the portion of the tax levy borne by the owners of residential property. Attached Exhibit A & Exhibit B demonstrate the effect that several possible “factor” choices will have by identifying the tax levy percentage borne by each class of properties through the resulting tax rates. Some 108 of the 351 communities in Massachusetts have adopted this process of tax classification. 2.Selection of a discount for Open Space. Massachusetts General Law Chapter 59 Sec. 2A defines Class 2 Open Space as: "..land which is not otherwise classified and which is not taxable under provisions of chapters 61, 61A, or 61B, or taxable under a permanent conservation restriction, and which land is not held for the production of income but is maintained in an open or natural condition and which contributes significantly to the benefit and enjoyment of the public." The Lexington Select Board may choose to adopt an exemption, discounting the assessed value of Open Space to a maximum of 25% for any property that is classified as Open Space. The Board of Assessors has not identified any property in Lexington that meets the definition of Open Space according to the statute, therefore adopting/not adopting this exemption will have no impact on the town’s tax classification. To: Lexington Select Board From: Lexington Board of Assessors Subject: FY 2026 Lexington Property Tax Classification Meeting Date: November 10, 2025 3. Residential exemption. The Lexington Select Board may choose to adopt a maximum exemption of up to 35% (prior to FY2016 the maximum was 20%). If adopted, this tax relief would apply only to the principal residence of taxpayers (owner-occupied and primary domicile). If this exemption were adopted, the residential properties that are assessed at a value below the “break-even valuation” point would realize a reduction in taxes while the residential properties assessed at a value above the “break-even valuation” point must pay additional taxes to compensate. See attached Exhibit G for a hypothetical application of the residential exemption. The funding for this exemption/tax relief for qualified applicants would be borne amongst the other properties of the within the same Residential classification. Non-owner-occupied properties (in particular, apartment buildings and vacant land) would experience a substantial increase in taxes. [Note: “The Residential classification” includes over 10,000 parcels: single family dwellings, two & three family dwellings, vacant land, multi-dwelling parcels, residential condos, and apartment buildings.] According to Mass.gov statistics, twenty (20) communities in the Commonwealth of MA (typically those with a substantial base of residential rental units, or communities with seasonal residents) have decided to offer the residential exemption: Barnstable, Boston, Brookline, Cambridge, Chelsea, Concord, Eastham, Everett, Malden, Mashpee, Nantucket, Oak Bluffs, Provincetown, Somerville, Tisbury, Truro, Waltham, Watertown, Wellfleet, and West Tisbury. In 2018, the Select Board formed an Ad Hoc Residential Exemption Policy Study Committee to examine if adopting a residential exemption would serve the interests of the Lexington community. In their final report delivered to the Select Board in April, 2019, the Committee advised that adopting the Massachusetts local option residential exemption was not recommended. The committee suggested other courses of action for tax relief, such as promoting existing programs for tax deferrals, exemptions, and credits, as well as exploring special legislation for means-tested or other age-based tax exemptions. 4. Small commercial exemption. The Lexington Select Board may choose to adopt a small commercial exemption of up to 10% of the property valuation for commercial (not industrial) property that meets the requirements of the law. To qualify, eligible businesses must have occupied the property as of January 1st, and the business occupant must have had no more than ten (10) employees (as certified by the Massachusetts Executive Office of Labor and Workforce Development) during the previous calendar year, and the parcel must have an assessed valuation of less than $1,000,000 during the Fiscal Year. In FY2026, approximately 80 commercial properties (including commercial condos) in Lexington have a value under $1,000,000. If adopted, staff would proactively apply this exemption to all properties that meet both eligibility criteria. The funding for this exemption/tax relief for qualified applicants would be borne by the other properties of the Commercial-Industrial (C-I) classes, resulting in an overall increase in the Commercial and Industrial tax rates. The property owner would realize the tax exemption under this option. To: Lexington Select Board From: Lexington Board of Assessors Subject: FY 2026 Lexington Property Tax Classification Meeting Date: November 10, 2025 According to Mass.gov statistics, fifteen (15) communities in the Commonwealth of MA have decided to offer the small commercial exemption: Auburn, Avon, Bellingham, Berlin, Braintree, Chelmsford, Dartmouth, Erving, New Ashford, North Attleboro, Seekonk, Somerset, Swampscott, Westford, and Wrentham. FY2025 FY2026 % CHANGE 239,807,038$ N/A 256,398,958$ 265,340,792$ 3.49%16,591,920$ N/A 256,305,562$ 265,340,792$ 3.53%256,398,958$ N/A 15,977,353,073$ 16,767,119,583$ 4.94%-$ 0.00% 2,510,409,460$ 2,433,881,360$ -3.05%5,995,176$ 2.34% 18,487,762,533$ 19,201,000,943$ 3.86%3,331,122$ 1.30% 12.23$ T.B.D.T.B.D.-$ 0.00% 24.26$ T.B.D.T.B.D.(384,464)$ -0.15% *Industrial valuation is adjusted for T.I.F. agreements, as reported on LA-4 265,340,792$ 3.49% C-I-P RESID C-I-P RES C-I-P RESID C-I-P RESID C-I-P RESID COMMENTS 1.000 1.000 12.7% 87.3%33,634,080$ 231,706,712$ $13.82 $13.82 -44.8%18.6%IF @ SINGLE RATE 1.050 0.993 13.3% 86.7%35,315,784$ 230,025,008$ $14.51 $13.72 -42.0%17.7% 1.100 0.985 13.9% 86.1%36,997,488$ 228,343,304$ $15.20 $13.62 -39.3%16.9% 1.150 0.978 14.6% 85.4%38,679,192$ 226,661,600$ $15.89 $13.52 -36.5%16.0% 1.200 0.971 15.2% 84.8%40,360,896$ 224,979,896$ $16.58 $13.42 -33.7%15.1% 1.250 0.964 15.8% 84.2%42,042,600$ 223,298,192$ $17.27 $13.32 -31.0%14.3% 1.300 0.956 16.5% 83.5%43,724,304$ 221,616,488$ $17.96 $13.22 -28.2%13.4% 1.350 0.949 17.1% 82.9%45,406,008$ 219,934,784$ $18.66 $13.12 -25.4%12.6% 1.400 0.942 17.7% 82.3%47,087,712$ 218,253,080$ $19.35 $13.02 -22.7%11.7% 1.450 0.935 18.4% 81.6%48,769,416$ 216,571,376$ $20.04 $12.92 -19.9%10.8% 1.500 0.927 19.0% 81.0%50,451,120$ 214,889,672$ $20.73 $12.82 -17.2%10.0% 1.550 0.920 19.6% 80.4%52,132,824$ 213,207,968$ $21.42 $12.72 -14.4%9.1% 1.560 0.919 19.8% 80.2%52,469,165$ 212,871,627$ $21.56 $12.70 -13.8%8.9% 1.570 0.917 19.9% 80.1%52,805,506$ 212,535,286$ $21.70 $12.68 -13.3%8.8% 1.580 0.916 20.0% 80.0%53,141,847$ 212,198,945$ $21.83 $12.66 -12.7%8.6% 1.590 0.914 20.2% 79.8%53,478,188$ 211,862,604$ $21.97 $12.64 -12.2%8.4% 1.600 0.913 20.3% 79.7%53,814,528$ 211,526,264$ $22.11 $12.62 -11.6%8.3% 1.610 0.911 20.4% 79.6%54,150,869$ 211,189,923$ $22.25 $12.60 -11.1%8.1% 1.620 0.910 20.5% 79.5%54,487,210$ 210,853,582$ $22.39 $12.58 -10.5%7.9% 1.630 0.909 20.7% 79.3%54,823,551$ 210,517,241$ $22.53 $12.56 -10.0%7.7% 1.640 0.907 20.8% 79.2%55,159,892$ 210,180,900$ $22.66 $12.54 -9.4%7.6% 1.650 0.906 20.9% 79.1%55,496,233$ 209,844,559$ $22.80 $12.52 -8.9%7.4% 1.660 0.904 21.0% 79.0%55,832,573$ 209,508,219$ $22.94 $12.50 -8.3%7.2% 1.670 0.903 21.2% 78.8%56,168,914$ 209,171,878$ $23.08 $12.48 -7.8%7.0% 1.680 0.901 21.3% 78.7%56,505,255$ 208,835,537$ $23.22 $12.46 -7.2%6.9% 1.690 0.900 21.4% 78.6%56,841,596$ 208,499,196$ $23.35 $12.44 -6.7%6.7% 1.700 0.898 21.5% 78.5%57,177,937$ 208,162,855$ $23.49 $12.41 -6.1%6.5% 1.710 0.897 21.7% 78.3%57,514,277$ 207,826,515$ $23.63 $12.39 -5.6%6.4% 1.720 0.895 21.8% 78.2%57,850,618$ 207,490,174$ $23.77 $12.37 -5.0%6.2% 1.730 0.894 21.9% 78.1%58,186,959$ 207,153,833$ $23.91 $12.35 -4.5%6.0% 1.740 0.893 22.1% 77.9%58,523,300$ 206,817,492$ $24.05 $12.33 -3.9%5.8% 1.750 0.8911315 22.2% 77.8%58,859,641$ 206,481,151$ $24.18 $12.31 -3.4%5.7%FY 26, IF MAX SHIFT Prior FY (2025) > $24.26 $12.23 *Proposition 2.5 potential increment is calculated from the previous year's levy limit before adding excluded debt. Comm / Indl / PP Tax Rate FY 2025 Maximum Allowable Levy Limit (A) + (B) EXHIBIT A: ALTERNATIVE TAX RATE SCENARIOS FOR FY2026 FY2025 to FY2026 Change in Levy Limit and Values FY 2025 Levy Limit (A) Maximum Allowable Levy Limit FY 2025 Excluded Debt (B) Plus: Amended New Growth Plus: New Growth Increment (from FY 2026 DOR LA-13) FACTOR % SHARE OF LEVY TAX LEVY TAX RATE Tax Levy (FY25 as actual, and FY26 as Levy Limit (TBD) Plus: Override Plus: Prop 2 1/2 Increment (FY 2025 Levy Limit (A) x 2.5%) % LEVY CHANGE: Total Valuation Plus: Debt Exclusion Increment (change vs. FY 2025) Residential Tax Rate FY2026 Maximum Allowable Levy Limit Residential Valuation Comm + Indl * + PP Valuation FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 MAX. ALLOWABLE RESID C+I+P TAXABLE TOTAL C+I+P FY LEVY VALUE VALUE VALUE % VALUE %LEVY % VALUE %LEVY FACTOR 2001 $68,753,066 $4,200,706,000 $814,607,290 $5,015,313,290 83.8% 74.0% 16.2% 26.0% 1.60 2002 $72,024,765 $4,706,431,500 $911,710,050 $5,618,141,550 83.8% 73.7% 16.2% 26.3% 1.62 2003 $75,793,067 $5,186,133,750 $897,438,810 $6,083,572,560 85.2% 74.9% 14.8% 25.1% 1.70 2004 $82,109,040 $6,018,408,000 $892,768,060 $6,911,176,060 87.1% 76.7% 12.9% 23.3% 1.80 2005 $91,165,834 $6,275,351,000 $870,816,360 $7,146,167,360 87.8% 78.1% 12.2% 21.9% 1.80 2006 $94,751,711 $6,823,275,250 $862,993,280 $7,686,268,530 88.8% 80.0% 11.2% 20.0% 1.78 2007 $101,074,790 $7,135,277,500 $923,957,080 $8,059,234,580 88.5% 80.1% 11.5% 20.0% 1.74 2008 $110,222,125 $6,945,049,000 $984,115,350 $7,929,164,350 87.6% 78.9% 12.4% 21.1% 1.70 2009 $116,411,032 $6,991,353,500 $1,042,254,630 $8,033,608,130 87.0% 78.0% 13.0% 22.1% 1.70 2010 $121,765,514 $6,896,447,750 $995,142,860 $7,891,590,610 87.4% 78.6% 12.6% 21.4% 1.70 2011 $127,955,723 $6,953,985,750 $1,019,733,440 $7,973,719,190 87.2% 77.6% 12.8% 22.4% 1.70 2012 $134,337,548 $6,974,904,000 $1,051,783,320 $8,026,687,320 86.9% 77.7% 13.1% 22.3% 1.70 2013 $141,639,397 $7,196,488,310 $1,111,468,450 $8,307,956,760 86.6% 77.3% 13.4% 22.7% 1.70 2014 $148,770,138 $7,411,620,000 $1,143,975,350 $8,555,595,350 86.6% 77.3% 13.4% 22.7% 1.70 2015 $155,635,871 $8,197,256,180 $1,162,358,910 $9,359,615,090 87.6% 78.3% 12.4% 21.7% 1.75 2016 $163,074,847 $8,862,601,990 $1,185,945,695 $10,048,547,685 88.2% 79.3% 11.8% 20.7% 1.75 2017 $170,196,002 $9,361,100,630 $1,228,355,980 $10,589,456,610 88.4% 79.7% 11.6% 20.3% 1.75 2018 $177,624,815 $9,952,138,700 $1,275,161,860 $11,227,300,560 88.6% 80.1% 11.4% 19.9% 1.75 2019 $186,201,054 $10,570,638,820 $1,351,761,195 $11,922,400,015 88.7% 80.2% 11.3% 19.8% 1.75 2020 $195,949,768 $11,160,005,132 $1,438,342,965 $12,598,348,097 88.6% 80.0% 11.4% 20.0% 1.75 2021 $207,014,709 $11,434,037,932 $1,518,730,905 $12,952,768,837 88.3% 79.5% 11.7% 20.5% 1.75 2022 $218,176,731 $12,224,559,111 $1,820,375,860 $14,044,934,971 87.0% 77.3% 13.0% 22.7% 1.75 2023 $231,395,607 $13,645,487,139 $2,099,699,600 $15,745,186,739 86.7% 76.7% 13.3% 23.3% 1.75 2024 $243,646,076 $15,289,843,165 $2,328,326,345 $17,618,169,510 86.8% 76.9% 13.2% 23.1% 1.75 2025 $256,398,958 $15,977,353,073 $2,510,409,460 $18,487,762,533 86.4% 76.2% 13.6% 23.8% 1.75 2026 $265,340,792 $16,767,119,583 $2,433,881,360 $19,201,000,943 87.3% TBD 12.7% TBD TBD Notes: Maximum Levy is equal to the actual Levy for all prior years, and the maximum allowable levy for the current year. Maximum allowable levy and Levy may differ due to rounding. C - I - P value has been reduced by the portion of assessed value that is not taxable due to TIF agreements. EXHIBIT B: HISTORICAL LEVY LIMIT SUMMARY (Most Recent 25 Years) C+I+PRESIDENTIAL FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 Fiscal Year (*) SINGLE FAMILY DWELLING VALUATION NUMBER OF SINGLE FAMILY DWELLINGS (SFD) SFD VALUE (AVERAGE) PERCENT CHANGE OF ASSESSED VALUE TAX RATE AVERAGE ANNUAL TAX BILL C - I - P FACTOR 2002 $4,225,339,000 8,845 $477,709 $11.28 $5,388.56 1.62 5,618,141,550$ 2003 $4,693,071,000 8,898 $527,430 10.4% $10.95 $5,775.36 7.2% 1.70 6,083,572,560$ 2004 $5,456,206,000 8,887 $613,954 16.4% $10.47 $6,428.09 11.3% 1.80 6,911,176,060$ 2005 $5,687,532,000 8,899 $639,120 4.1% $11.34 $7,247.62 12.7% 1.80 7,146,167,360$ 2006 $6,206,172,000 8,910 $696,540 9.0% $11.11 $7,738.56 6.8% 1.78 7,686,268,530$ 2007 $6,499,630,000 8,917 $728,903 4.6% $11.34 $8,265.76 6.8% 1.74 8,059,234,580$ 2008 $6,262,572,000 8,922 $701,925 -3.7% $12.52 $8,788.10 6.3% 1.70 7,929,164,350$ 2009 $6,274,760,000 8,934 $702,346 0.1% $12.97 $9,109.43 3.7% 1.70 8,033,608,130$ 2010 $6,184,505,000 8,944 $691,470 -1.5% $13.86 $9,583.77 5.2% 1.70 7,891,590,610$ 2011 $6,234,563,000 8,949 $696,677 0.8% $14.40 $10,032.15 4.7% 1.70 7,973,719,190$ 2012 $6,251,243,000 8,963 $697,450 0.1% $14.97 $10,440.82 4.1% 1.70 8,026,687,320$ 2013 $6,441,950,000 8,978 $717,526 2.9% $15.20 $10,906.40 4.5% 1.70 8,307,956,760$ 2014 $6,658,875,000 8,996 $740,204 3.2% $15.51 $11,480.56 5.3% 1.70 8,555,595,350$ 2015 $7,385,759,000 9,003 $820,366 10.8% $14.86 $12,190.65 6.2% 1.75 9,359,615,090$ 2016 $8,008,381,000 9,025 $887,355 8.2% $14.60 $12,955.39 6.3% 1.75 10,048,547,685$ 2017 $8,415,787,000 9,029 $932,084 5.0% $14.49 $13,505.90 4.2% 1.75 10,589,456,610$ 2018 $8,938,050,000 9,021 $990,805 6.3% $14.30 $14,168.51 4.9% 1.75 11,227,300,560$ 2019 $9,486,786,000 9,030 $1,050,585 6.0% $14.12 $14,834.27 4.7% 1.75 11,922,400,015$ 2020 $10,011,844,000 9,048 $1,106,526 5.3% $14.05 $15,546.69 4.8% 1.75 12,598,348,097$ 2021 $10,221,948,000 9,057 $1,128,624 2.0% $14.39 $16,240.90 4.5% 1.75 12,952,768,837$ 2022 $10,904,445,000 9,058 $1,203,847 6.7% $13.80 $16,613.09 2.3% 1.75 14,044,934,971$ 2023 $12,203,384,000 9,058 $1,347,249 11.9% $13.00 $17,514.24 5.4% 1.75 15,745,186,739$ 2024 $13,682,230,000 9,059 $1,510,347 12.1% $12.25 $18,501.75 5.6% 1.75 17,618,169,510$ 2025 $14,309,924,000 9,065 $1,578,591 4.5%$12.23 $19,337.74 4.5% 1.75 18,487,762,533$ 2026 $15,023,268,000 9,068 $1,656,734 9.7% TBD TBD TBD TBD 19,201,000,943$ * All values above include new growth value. 5 yr total: 44.9% (most recent 5 years, including FY 2026) 5 yr average: 9.0% LEXINGTON TOWNWIDE TAXABLE TOTAL PERCENT CHANGE TAXES EXHIBIT C: HISTORY OF AVERAGE SINGLE FAMILY ASSESSED VALUE AND PROPERTY TAX - Most Recent 25 Years FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 Assessed ALL Residential ( R ) Assessed Commercial ( C ) Assessed Industrial ( I )2 Commercial + Industrial Combined ( C + I ) [Business Assets] Assessed Peronal Property ( P )3 Subtotal C + I + P Total Assessed R + C+ I + P FY 25 Assessed Value $15,977,353,073 $847,945,410 $1,255,775,000 $2,103,720,410 $406,689,050 $2,510,409,460 $18,487,762,533 FY 26 Assessed Value $16,767,119,583 $847,548,050 $1,164,707,000 $2,012,255,050 $421,626,310 $2,433,881,360 $19,201,000,943 $ increase (net of TIFs) $789,766,510 ($397,360) ($91,068,000)($91,465,360)$14,937,260 ($76,528,100)$713,238,410 % increase (net of TIFs) 4.94%-0.05% -7.25%-4.35%3.67%-3.05%3.86% FY 26 New Levy Growth $176,706,600 $736,128 $0 $736,128 $47,491,420 $48,227,548 $224,934,148 FY 26 Assessed Value less New Levy Growth $16,590,412,983 $846,811,922 $1,164,707,000 $2,011,518,922 $374,134,890 $2,385,653,812 $18,976,066,795 Incr./Decr. vs. FY 25 ($) [w/o New Levy Growth]$613,059,910 ($1,133,488) ($91,068,000)($92,201,488)($32,554,160) ($124,755,648)$488,304,262 Incr./Decr. vs. FY 25 (%) [w/o New Levy Growth]3.84%-0.13% -7.25%-4.38%-8.00% -4.97%2.64% FY 25 share of total value 86.42%4.59%6.79%11.38%2.20%13.58%100.00% FY 26 share of total value (without New Levy Growth) 87.43% 4.46% 6.14%10.60%1.97% 12.57% 100.00% Change (FY 26 less FY 25)1.01%-0.12%-0.65%-0.78%-0.23%-1.01% 1 As of October 29, 2025, the FY2026 assessed values in Lexington were approved by MA State DOR/DLS . 3 The substantial year-on-year change in Personal Property is directly attributable to MA State depreciation schedules for this class of property, plus associated New Levy Growth (NLG) for the category. EXHIBIT D: VALUES BY CLASS: FY2025 TO FY2026 1 2 The Industrial property assessed value above is reported here as NET, rather than as GROSS, as it does not include $12,912,000 of assessed Industrial Value that has been exempted from local taxation per Tax Increment Financing (TIF) agreements. These TIFs have been reviewed and fully accepted by the State of MA. FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 RESIDENTIAL PARCELS (Prior Year) SINGLE FAMILY DWELLING (# props = 9,068)Single Family Net of New Growth >>>Single Family Single Family Single Family Single Family Single Family (Does not include Resid Condos, Apts., 2-3 family, etc)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 26 Assmt. @ ~$628/sf is Avg. across Single Family Dwellings $1,578,591 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 $1,639,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$12.23 $12.52 $12.50 $12.48 $12.46 $12.44 $12.41 $12.39 $12.37 $12.35 $12.33 $12.31 Average Tax Bill (based on Avg. Ass'd Value)$19,306 $20,512 $20,480 $20,447 $20,414 $20,381 $20,348 $20,315 $20,282 $20,249 $20,217 $20,184 $ Tax differential between FY25-FY26 Not applicable $1,206 $1,174 $1,141 $1,108 $1,075 $1,042 $1,009 $976 $943 $911 $878 % Tax differential between FY25-FY26 Not applicable 6.2% 6.1% 5.9% 5.7% 5.6% 5.4% 5.2% 5.1% 4.9% 4.7% 4.5% % value FY 25 (w/growth) vs. FY 26 (without growth)3.9% RESIDENTIAL MISC (Resid Condos, Apts, 2-3 Fam] (# props = 1,367 )Resid Misc Net of New Growth >>>Resid. Misc Resid. Misc Resid. Misc Resid. Misc Resid. Misc (Inclds Resid. Condos, Apart. Bldgs., 2-3 family, but NOT land, NOT Mixed Use)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 26 Assmt. @ ~$460 /sf for Avg Property in Category $1,178,163 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 $1,169,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$12.23 $12.52 $12.50 $12.48 $12.46 $12.44 $12.41 $12.39 $12.37 $12.35 $12.33 $12.31 Average Tax Bill (based on Avg. Ass'd Value)$14,409 $14,630 $14,607 $14,583 $14,560 $14,537 $14,513 $14,490 $14,466 $14,443 $14,419 $14,396 $ Tax differential between FY25-FY26 Not applicable $221 $198 $174 $151 $128 $104 $81 $57 $34 $10 -$13 % Tax differential between FY25-FY26 Not applicable 1.5% 1.4% 1.2% 1.0% 0.9% 0.7% 0.6% 0.4% 0.2% 0.1%-0.1% % value FY 25 (w/growth) vs. FY 26 (without growth)-1.3%This category does not include vacant land, Mixed Use, unique use properties, or Exempt parcels. COMMERCIAL PARCELS (Prior Year) LARGE OFFICE BLDG (# props = 21)Large Office Net of New Growth >>>Lg. Office Lg. Office Lg. Office Lg. Office Lg. Office (Gen. Offices (incl. Prof Med/Law/etc.); all greater than 20,000 sqft GBA)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 26 Assmt. @ ~$205 /sf for Avg Property in Category $14,451,619 Z $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 $14,938,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$24.26 $22.80 $22.94 $23.08 $23.22 $23.35 $23.49 $23.63 $23.77 $23.91 $24.05 $24.18 Average Tax Bill (based on Avg. Ass'd Value)$350,596 $340,609 $342,674 $344,738 $346,802 $348,867 $350,931 $352,995 $355,059 $357,124 $359,188 $361,252 $ Tax differential between FY25-FY26 Not applicable -$9,987 -$7,922 -$5,858 -$3,794 -$1,729 $335 $2,399 $4,463 $6,528 $8,592 $10,656 % Tax differential between FY25-FY26 Not applicable -2.8% -2.3% -1.7% -1.1% -0.5%0.1% 0.7% 1.3% 1.9% 2.5% 3.0% % value FY 25 (w/growth) vs. FY 26 (without growth)3.4% SMALL & MEDIUM OFFICE BLDG (# props = 34)Sm & Med Office Net of New Growth >>>Sm &Med Office Sm &Med Office Sm &Med Office Sm &Med Office Sm &Med Office (Gen. Offices (incl. Prof Med/Law/etc.); all smaller than 20,000 sqft GBA)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 26 Assmt. @ ~$227 /sf for Avg Property in Category $1,428,400 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 $1,504,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$24.26 $22.80 $22.94 $23.08 $23.22 $23.35 $23.49 $23.63 $23.77 $23.91 $24.05 $24.18 Average Tax Bill (based on Avg. Ass'd Value)$34,653 $34,294 $34,501 $34,709 $34,917 $35,125 $35,333 $35,541 $35,748 $35,956 $36,164 $36,372 $ Tax differential between FY25-FY26 Not applicable -$359 -$152 $56 $264 $472 $680 $888 $1,095 $1,303 $1,511 $1,719 % Tax differential between FY25-FY26 Not applicable -1.0% -0.4%0.2% 0.8% 1.4% 2.0% 2.6% 3.2% 3.8% 4.4% 5.0% % value FY 25 (w/growth) vs. FY 26 (without growth)2.3% TOWN-WIDE (TYPICAL) RETAIL (# props = 74)All Town Retail Net of New Growth >>>All Town Retail All Town Retail All Town Retail All Town Retail All Town Retail (Retail, Restaurants, & Banks, but not Retail Condos)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 26 Assmt. @ ~$288 /sf for Avg Property in Category $1,905,658 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 $1,983,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$24.26 $22.80 $22.94 $23.08 $23.22 $23.35 $23.49 $23.63 $23.77 $23.91 $24.05 $24.18 Avg. Tax Bill (based on Avg. Ass'd Value)$46,231 $45,215 $45,489 $45,764 $46,038 $46,312 $46,586 $46,860 $47,134 $47,408 $47,682 $47,956 $ Tax differential between FY25-FY26 Not applicable -$1,016 -$742 -$468 -$194 $80 $354 $628 $902 $1,176 $1,450 $1,725 % Tax differential between FY25-FY26 Not applicable -2.2% -1.6% -1.0% -0.4%0.2% 0.8% 1.4% 2.0% 2.5% 3.1% 3.7% % value FY 25 (w/growth) vs. FY 26 (without growth)5.5% OFFICE & RETAIL CONDOS (# props = 241)Comm. Condo Net of New Growth >>>Comm. Condo Comm. Condo Comm. Condo Comm. Condo Comm. Condo (Office Condos and Retail Shop Condominiums are included here)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 26 Assmt. @ ~$228 /sf for Avg Property in Category $355,519 $357,000 $357,000 $357,000 $357,000 $357,000 $357,000 $357,000 $357,000 $357,000 $357,000 $357,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$24.26 $22.80 $22.94 $23.08 $23.22 $23.35 $23.49 $23.63 $23.77 $23.91 $24.05 $24.18 Average Tax Bill (based on Avg. Ass'd Value)$8,625 $8,140 $8,189 $8,239 $8,288 $8,337 $8,387 $8,436 $8,485 $8,535 $8,584 $8,633 $ Tax differential between FY25-FY26 Not applicable -$485 -$435 -$386 -$337 -$287 -$238 -$189 -$139 -$90 -$41 $9 % Tax differential between FY25-FY26 Not applicable -5.6% -5.0% -4.5% -3.9% -3.3% -2.8% -2.2% -1.6% -1.0% -0.5%0.1% % value FY 25 (w/growth) vs. FY 26 (without growth)0.4% INDUSTRIAL PARCELS (Prior Year) LAB / OFFICE Combinations incl. LAB CONDOS (# props = 23)Lab / Office Net of New Growth >>>Lab / Office Lab / Office Lab / Office Lab / Office Lab / Office (Bio or Chem Laboratory, or Medical Use is Primary)FY 2025 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026 FY 2026FY 26 Assmt. @ ~$484 /sf for Avg Property in Category $54,983,870 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 $50,320,000 Tax Burden "Shift" Factor 1.75 1.65 1.66 1.67 1.68 1.69 1.70 1.71 1.72 1.73 1.74 1.75 Tax Rate (per $1K of Ass'd value)$24.26 $22.80 $22.94 $23.08 $23.22 $23.35 $23.49 $23.63 $23.77 $23.91 $24.05 $24.18Average Tax Bill (based on Avg. Ass'd Value)$1,333,909 $1,147,373 $1,154,327 $1,161,281 $1,168,235 $1,175,188 $1,182,142 $1,189,096 $1,196,050 $1,203,003 $1,209,957 $1,216,911 $ Tax differential between FY25-FY26 Not applicable -$186,535 -$179,582 -$172,628 -$165,674 -$158,720 -$151,767 -$144,813 -$137,859 -$130,905 -$123,951 -$116,998 % Tax differential between FY25-FY26 Not applicable -14.0% -13.5% -12.9% -12.4% -11.9% -11.4% -10.9% -10.3% -9.8% -9.3% -8.8% % value FY 25 (w/growth) vs. FY 26 (without growth)-8.5%This category includes only Large Office buildings that have a significant Life Science Laboratory component. Note: Tax Increment Financed [TIF] properties: 1) Shire @ 200, 300, & 400 Shire Way), and 2) uniQure ( ~ 55% of 113 Hartwell Ave) are shown above in INDUSTRIAL Lab/Office Combo category as "NET Avg. Assessment", which is: a) less Avg. New Levy Growth for the category, and b) less Avg. TIF reduction -- so that only taxable dollars appear in tax chart above. EXHIBIT D-1: LEXINGTON - FY 2026 Tax Rate Shift Options & Property Comparisons (New Levy Growth [i.e. new construction] was removed from the new FY2026 assessed values in order to compare the annual change in market value.) RESIDENTIAL REAL ESTATE COMMERCIAL REAL ESTATE INDUSTRIAL REAL ESTATE This category does not include vacant land, condos, parking lots, or Exempt parcels. (Also, other parcels left out of analysis if market valuation procedures differed markedly from mainstream retail norms.) FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 Note: The data displayed here is from prior years is available to Lexington via DOR/DLS Gateway on-line, but it is always in arrears. COMPARABLE "COMMERCIAL VALUE" COMMUNITIES FY2025 State Comm - Indl - Pers RESIDENTIAL C - I - P RATE RESIDENTIAL C - I - P RATE Rank MUNICIPALITY ASS'D C-I-P RATE/K RATE/K SHIFT RATE/K RATE/K SHIFT 1 Boston $72,346,183,125 $10.90 $25.27 1.750 $11.58 $25.96 1.750 2 Cambridge $36,106,476,976 $5.92 $10.46 1.379 $6.35 $11.52 1.397 3 Waltham $7,113,007,493 $9.64 $20.71 1.747 $9.82 $21.04 1.740 4 Worcester $5,121,219,066 $13.75 $30.04 1.749 $13.19 $28.61 1.740 5 Somerville $4,669,360,607 $10.52 $18.20 1.750 $10.91 $18.92 1.750 State XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX Rank 13 Brookline $3,040,443,552 $9.77 $16.41 1.750 $9.87 $16.56 1.748 14 Barnstable $2,591,241,332 $6.65 $5.92 1.000 $6.94 $6.10 1.000 15 Nantucket $2,573,621,664 $3.13 $5.30 1.699 $3.28 $5.56 1.699 16 Plymouth $2,560,508,076 $12.87 $12.87 1.000 $12.69 $12.69 1.000 17 Lexington $2,510,409,460 $12.25 $24.20 1.750 $12.23 $24.26 1.750 18 Billerica $2,475,459,663 $11.29 $25.09 1.749 $11.37 $25.27 1.749 19 Marlborough $2,365,382,542 $10.24 $17.66 1.439 $9.86 $16.96 1.450 20 Andover $2,324,722,074 $12.88 $25.48 1.695 $12.49 $24.31 1.670 21 Everett $2,121,759,582 $11.46 $24.00 1.750 $11.39 $23.00 1.749 The EIGHT (8) CONTIGUOUS COMMUNITIES to LEXINGTON FY2025 State Comm - Indl - Pers RESIDENTIAL C - I - P RATE RESIDENTIAL C - I - P RATE Rank MUNICIPALITY ASS'D C-I-P RATE RATE SHIFT RATE RATE SHIFT 3 Waltham $7,113,007,493 $9.64 $20.71 1.747 $9.82 $21.04 1.740 7 Burlington $3,632,265,530 $8.94 $25.81 1.706 $8.66 $25.47 1.726 10 Woburn $3,138,461,237 $8.06 $19.72 1.750 $8.54 $20.41 1.750 17 Lexington $2,510,409,460 $12.25 $24.20 1.750 $12.23 $24.26 1.750 51 Bedford $1,279,367,239 $11.88 $26.70 1.750 $12.04 $27.12 1.750 84 Arlington $813,725,053 $10.59 $10.59 1.000 $10.77 $10.77 1.000 113 Belmont $623,105,768 $10.56 $10.56 1.000 $11.39 $11.39 1.000 132 Winchester $490,149,001 $11.33 $10.81 1.000 $11.09 $10.60 1.000 252 Lincoln $109,857,288 $12.89 $19.70 1.499 $12.81 $19.55 1.498 FY2024 FY2025 EXHIBIT E: TAX FACTORS AND TAX RATES - AMONG COMMUNITIES w/ COMPARABLE C/I/P VOLUME in MA, AND vs. CONTIGUOUS COMMUNITIES FY2024 FY2025 FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 EXHIBIT F: TOP 25 MASS. COMMUNITIES BY TOTAL ASSESSED VALUE MA DOR - Division of Local Services MA Municipal Databank / Local Aid Section Note: The data displayed here is from prior years is available to Lexington via DOR/DLS Gateway on-line, but it is always in arrears. Fiscal Year 2025 Assessed Values by Class Statewide Ranking Municipality Most Recent DOR-Approved Fiscal Year Residential Open Space Commerical Property Values Industrial Property Values Personal Property for Commercial Use Comm + Indl + Pers Prop ( C - I - P ) Total Assessed Values Resid & Open as % Total Value C - I - P as % of Total Value 1 Boston 2025 154,028,711,454 0 61,184,889,270 1,475,114,285 9,686,179,570 72,346,183,125 226,374,894,579 68 32 2 Cambridge 2025 40,134,122,674 0 14,876,049,975 18,693,244,738 2,537,182,263 36,106,476,976 76,240,599,650 53 47 3 Newton 2025 38,643,809,347 0 2,556,400,353 231,494,300 608,274,200 3,396,168,853 42,039,978,200 92 8 4 Nantucket 2025 36,278,294,289 2,743,300 1,852,105,293 79,792,883 641,723,488 2,573,621,664 38,854,659,253 93 7 5 Brookline 2025 29,951,077,622 0 2,609,331,135 20,916,000 410,196,417 3,040,443,552 32,991,521,174 91 9 6 Barnstable 2025 22,187,815,827 0 1,893,583,522 106,279,900 591,377,910 2,591,241,332 24,779,057,159 90 10 7 Somerville 2025 19,837,451,029 0 3,688,084,737 429,666,600 551,609,270 4,669,360,607 24,506,811,636 81 19 8 Worcester 2025 19,207,533,542 0 2,932,861,967 872,623,099 1,315,734,000 5,121,219,066 24,328,752,608 79 21 9 Quincy 2025 20,401,358,256 0 2,446,514,370 247,995,400 655,024,800 3,349,534,570 23,750,892,826 86 14 10 Falmouth 2025 20,481,865,725 4,504,500 968,511,943 135,144,700 397,629,740 1,501,286,383 21,987,656,608 93 7 11 Waltham 2025 13,073,469,020 0 5,354,230,429 1,016,065,734 742,711,330 7,113,007,493 20,186,476,513 65 35 12 Lexington 2025 15,977,353,073 0 847,945,410 1,255,775,000 406,689,050 2,510,409,460 18,487,762,533 86 14 13 Plymouth 2025 15,621,834,377 0 1,447,900,079 480,347,744 632,260,253 2,560,508,076 18,182,342,453 86 14 14 Wellesley 2025 15,677,785,000 0 1,673,322,000 8,530,000 172,881,960 1,854,733,960 17,532,518,960 89 11 15 Needham 2025 14,002,216,972 0 1,499,785,024 174,726,704 429,826,950 2,104,338,678 16,106,555,650 87 13 16 Medford 2025 14,073,568,245 0 1,273,301,269 201,942,000 275,538,390 1,750,781,659 15,824,349,904 89 11 17 Framingham 2025 12,568,817,087 0 2,091,401,624 486,688,490 500,953,570 3,079,043,684 15,647,860,771 80 20 18 Arlington 2025 14,620,586,615 0 558,650,253 29,121,000 225,953,800 813,725,053 15,434,311,668 95 5 19 Lynn 2025 13,267,717,345 0 822,052,183 238,127,606 480,579,949 1,540,759,738 14,808,477,083 90 10 20 Edgartown 2025 13,456,257,503 0 651,766,390 7,995,600 316,637,880 976,399,870 14,432,657,373 93 7 21 Lowell 2025 12,317,496,259 0 734,768,380 426,130,632 510,926,820 1,671,825,832 13,989,322,091 88 12 22 Springfield 2025 10,443,372,537 0 1,707,395,046 327,636,000 1,040,947,610 3,075,978,656 13,519,351,193 77 23 23 Andover 2025 10,852,450,460 0 842,920,155 1,091,316,400 390,485,519 2,324,722,074 13,177,172,534 82 18 24 Weymouth 2025 11,350,760,736 0 920,170,674 454,203,700 321,498,060 1,695,872,434 13,046,633,170 87 13 25 Brockton 2025 11,139,988,461 0 1,186,110,674 243,280,840 416,660,530 1,846,052,044 12,986,040,505 86 14 FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 TOTAL RESIDENTIAL (ASS'D) OVERALL VALUE $16,767,119,583 TOTAL # RESID. PARCELS 10,934 (Includes over 500 unbuildable (mostly small) parcels of land.) AVG. RESIDENTIAL PARCEL $1,533,484.51 EXEMPTION Percentage >>20%(Up to a 35% "Max" Resid Exemption is allowed by MGL) EXEMPTION $ AMOUNT $306,697 EST. # OF EXEMPT (Principal Resid.) PARCELS 9,265 Town estimate: # of non-owner occupied parcels >>>1,669 TOTAL VALUE MADE EXEMPT by this clause $2,841,546,789 RESID. RATE (Calc'd, but not yet voted upon) $12.31 (<Note: This Rate is from Exhibit A.) TOTAL RESID. REVENUE "redirected" (tax dollars)$206,481,151 NEW RESID. OVERALL ASSESSED VALUE $13,925,572,794 NEW (Derived by formula) RESID. RATE $14.83 (a) (b) ( c ) (d) (e) (f) (g) (h) (i) EXAMPLES OF ASSESSED VALUE PRELIMINARY TAX RATE @ 1.75 SHIFT ANNUAL PROPERTY TAX BILL EXEMPTED ASSESSED VALUE @ 20 % EXEMPTION NET ASSESSED VALUE 1 DERIVED TAX RATE NET TAX BILL Taxation $ Change (g-c) Taxation % Change (h/c) $400,000 $12.31 $4,926 $306,697 $93,303 $14.83 $1,383 -$3,542 -71.91% $500,000 $12.31 $6,157 $306,697 $193,303 $14.83 $2,866 -$3,291 -53.45% $600,000 $12.31 $7,389 $306,697 $293,303 $14.83 $4,349 -$3,040 -41.14% $1,000,000 $12.31 $12,315 $306,697 $693,303 $14.83 $10,280 -$2,035 -16.52% $1,100,000 $12.31 $13,546 $306,697 $793,303 $14.83 $11,763 -$1,783 -13.17% $1,200,000 $12.31 $14,778 $306,697 $893,303 $14.83 $13,245 -$1,532 -10.37% $1,300,000 $12.31 $16,009 $306,697 $993,303 $14.83 $14,728 -$1,281 -8.00% $1,400,000 $12.31 $17,241 $306,697 $1,093,303 $14.83 $16,211 -$1,030 -5.97% $1,500,000 $12.31 $18,472 $306,697 $1,193,303 $14.83 $17,694 -$778 -4.21% $1,600,000 $12.31 $19,703 $306,697 $1,293,303 $14.83 $19,176 -$527 -2.67% $1,700,000 $12.31 $20,935 $306,697 $1,393,303 $14.83 $20,659 -$276 -1.32% $1,800,000 $12.31 $22,166 $306,697 $1,493,303 $14.83 $22,142 -$24 -0.11% $1,809,727 $12.31 $22,286 $306,697 $1,503,030 $14.83 $22,286 $0 0.00% $1,900,000 $12.31 $23,398 $306,697 $1,593,303 $14.83 $23,625 $227 0.97% $2,000,000 $12.31 $24,629 $306,697 $1,693,303 $14.83 $25,107 $478 1.94% $2,500,000 $12.31 $30,787 $306,697 $2,193,303 $14.83 $32,521 $1,735 5.63% $3,000,000 $12.31 $36,944 $306,697 $2,693,303 $14.83 $39,935 $2,991 8.10% $5,000,000 $12.31 $61,573 $306,697 $4,693,303 $14.83 $69,590 $8,017 13.02% **BREAK-EVEN ASSESSED VALUE; NO TAX IMPACT. $1,809,727 EXHIBIT G: IMPACT ANALYSIS of residential property tax: the possible adoption of a 20% RESIDENTIAL EXEMPTION RESIDENTIAL EXEMPTION WORKSHEET FISCAL YEAR 2026 INFORMATION 1 Resid. Exemption, per MGL, may not reduce taxable value of property to less than 10 percent of its full and fair cash value. FY2026 Classification Packet_11.10.2025 Page 11 11/6/2025 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review & Approve: 6th Edition of Tree Management Manual PRESENTER: Nancy Soften and Pat Moyer, Tree Committee ITEM NUMBER: I.2 SUMMARY: Category: Decision Making On October 9, 2025 the Tree Committee voted unanimously to approve the attached recommended changes to the Tree Management Manual. Just the affected pages of the manual text are included along with the complete Appendix XIV. All changes are in red text or enclosed in a red box. Summary of changes are: Stronger wording on the signage required on tree protection fencing. We recognize that the specific wording of the signage that we ask for is not commercially available, and so are in discussion with the DPW about having signs printed that can be distributed to builders. Hand-lettered signs are frequently posted and are acceptable. A better figure 13 showing tree protections and signage A two-part arborist attestation, to include part B affirming that tree protections are in place Addition of Freeman Maple to the Large Shade Tree List for extra mitigation credit The Tree committe respectfully requests Select Board approval of these recommended changes to the Tree Management Manual. Also attached to this meeting packet just as an FYI is the Lexington Tree Bylaw Rules and Regulations Quick Start Guide which is planned to be provided to applicants as a resource for a topline summary and the guidance where to find the full provisions of the bylaw. SUGGESTED MOTION: Move to (approve) the Tree Committee recommended changes to the Tree Management Manual as presented. FOLLOW-UP: Tree Committee DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 7:10pm ATTACHMENTS: Description Type Pages with Proposed Updates for the Lexington Tree Managerment Manual Backup Material DRAFT - Town of Lexington Tree Management Manual 6th edition (Proposed edts incorporated)Backup Material Document as FYI - Lexington Tree Bylaw Rules and Regulations Quick Start Guide Exhibit Lexington Tree Management Manual 5. Large 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 southeast / mid-Atlantic) ‘Monarch of Illinois’ Pyramidal deciduous conifer 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 Sweet Betula lenta (NE native) 40-55’h x 30-45’w, fall color 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: ‘Princeton’ ‘Jefferson’ ‘New Harmony’ ‘Valley Forge’ 60-80’h x 50-70’w, vase shape, suitable street tree. U structure branching (Jefferson) preferable to V structure (Princeton), Hackberry Celtis occidentalis (southern NE native) 40-60’h x 40-60’w, cylindrical at maturity, suitable street tree tolerates urban environments Hemlock, Canadian or Eastern Tsuga canadensis (NE native Not used as hedge 60-80’h x 25-40’w, fine-textured needled evergreen. Placement on cool, damp N slope critical for tree’s health and survival. May require treatment for wooly adelgid. Hickory, shagbark Carya ovata (NE native) 50-100’h x 20-40’w, few pests or diseases, fruit can be litter problem Honeylocust Gleditsia triacanthos inermis (midwest native) Shademaster, Skyline, Halka 50-60’h x 25-35’w, casts open light shade, suitable street tree Kentucky Coffeetree Gymnocladus dioicus (Midwest native) Male cultivars only 60-75’h x 30-50’w, tolerant of tough conditions and unattractive for much of year, best used as street tree, not specimen tree Magnolia, Cucumber Magnolia acuminata (NE native) 50-80’h x 50-80’w, flowering Maple, Freeman Acer x freemanii (hybrid of native red and silver maples) Autumn Blaze, Marmo, Morgan 45-70’h x 35-45’w, fast-growing with sturdy branch structure and brilliant fall color Maple, Red Acer rubrum (NE native) 40-70’h x 20-40’w, fall color, suitable street tree 18 Lexington Tree Management Manual Maple, Sugar Acer saccharum (NE native) ‘Fall Fiesta’ ‘Commemoration’ ‘Flash Fire’ ‘Green Mountain’ 75’h x 30-50’w, needs lots of ground space and water for health and survival, not suitable as street tree Oak, Black Quercus velutina (NE native) 50-60’h x 50-60’w, not suitable as street tree Oak, Bur Quercus macrocarpa (native to central plains) 70-80’h x 70-80’w, excellent park 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 White Quercus bicolor (NE native) 50-60’h x 50-60’w, drought 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 White Pinus strobus (NE native) Many 50-80’h x 20-40’w, needs sun, easy 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 to southern NE) 60-75’h x 40-50’w, beautiful variable fall color, messy fruit, suitable street tree if roots have enough room Sycamore, American Platanus occidentalis (NE native) 75-100’h x 75-100’w, massive trunk with flaking bark, open crown, good street tree Tuliptree Liriodendron tulipifera (NE native) 70-90’h x 35-50’w, fast-growing tall tree with tulip-shaped leaves and greenish-yellow flowers, some cultivars suitable as street trees Tupelo Nyssa sylvatica (NE native) ‘Wildfire’ ‘Green Gable’ Glossy green leaves with bright fall color, bluish black fruit, suitable street tree Yellowwood Cladrastis kentukea (native to southeast) 30-50’h x 40-55’w Broad, rounded crown with panicles of white, fragrant flowers, not suitable as street tree due to low branching; good setback tree 19 Lexington Tree Management Manual VII. TREE PROTECTION DURING CONSTRUCTION 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 Warden and/or a Tree Committee representative. Construct barriers of stable metal posts inserted into the ground, spaced a maximum of eight (8) feet aparet, 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, Page 43-4.) 2. Signage Post signs reading “TREE SAVE AREA – PLEASE KEEP OUT DO NOT ENTER OR MODIFY” / “AREA DO AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA POR FAVOR”, in both English and Spanish on the fencing. 3. Weights 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. Flooding 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.lexingtonma.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 46.) 10. Watering 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. 38 Lexington Tree Management Manual Figure 13 PROTECTING TREES DURING CONSTRUCTION • Install a protective fence to create a Tree Save Area. The Tree Save Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for every inch of DBH, whichever is greater. • Use 5’ high chain link or welded wire with stable metal stakes or posts inserted in the ground and spaced a maximum of eight (8) feet apart. • If protective 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 Save Area shall include signs reading, “TREE SAVE AREA – PLEASE KEEP OUTDO NOT ENTER OR MODIFY”/ “AREA DE AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA POR FAVOR”, in both English and Spanish and should be placed in a highly visible location. • Tree protection shall be placed before ground disturbing activities, including tree removal and demolition, start and shall remain in place until all construction has been completed. 39 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 (¼) 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 (½) 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 (¾) 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. 40 Lexington Tree Management Manual Websites, 6/11/2019 Trees 1. ANSI 300 Standard Practices: https://www.tcia.org/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.org/page/standards 23. Guidelines for Planting Trees and Shrubs https://ag.umass.edu/landscape/fact-sheets/guidelines- for-planting-trees-shrubs XVI. PUBLICATION INFORMATION Sixth Edition, Published 2025 by the Town of Lexington Tree Committee: David J. Pinsonneault, Director of Public Works Christopher Filadoro, Superintendent of Public Grounds, Tree Warden Mark Connor, Co-chair Benjamin Fein-Cole, Associate Gavin Grant Alicia Morris, Associate Graphics by Bruce Walker http://www.bruce-walker.com/ Patricia Moyer, Chair Gerald Paul Nancy Sofen Rachel Summers Barbara Tarrh James Wood 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. 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. 100 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 and documented and submitted by submission to the Tree Warden Attestation of Certified Arborist Part B signed by a certified arborist before any ground disturbing activities, including demolition or tree removal, begins. 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 Figure 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 DO NOT ENTER OR MODIFY”/ “AREA DE AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA POR FAVOR”, in both English and Spanish d) Tunneling is preferred to root pruning, where possible. See Figure 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 Figure 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 Figure 15. 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 (¼) 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 (½) 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 (¾) 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 Tree Removal and Mitigation Permit application 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 International Society of Arboriculture (“ISA”) Basic Tree Risk Assessment Form related to the Tree provided by a Certified Arborist, 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 List of Exempt Trees. 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 c) A signed Attestation from a Certified Arborist Part A using the attached form, submitted with the permit application. Lexington Tree Management Manual 5. Calculation of Replacement Inches for Mitigation 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 removed in order to comply with a condition, restriction or requirement of a local, state, or federal permit Same as inches removed Level 2: 24” DBH and larger 4 times inches removed 6. Mitigation 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 (¼) inch of new tree(s) from the Large Shade Tree List (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 Management Manual 7. Minimum Street Frontage Mitigation Planting 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 Large Shade Tree List, unless there are mitigating circumstances as delineated in the Tree Planting Guidelines. f) 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 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 availability of suitable planting sites, as delineated in the Tree Planting Guidelines. 8. Survival of Retained Protected Trees and Mitigation Plantings In accordance with sections § 120-8C(6) and § 120-8D(1), retained protected trees and new trees planted for mitigation credit must be maintained in good health for 1 year from the date the Certificate of Occupancy is issued. If a retained protected tree dies or is removed in this time period, the owner of the property will provide mitigation for the dead or removed tree. If a tree planted as mitigation dies within 1 year, the owner of the property will replace the tree within 9 months. Figure 13 PROTECTING TREES DURING CONSTRUCTION ● Install a protective fence to create a Tree Save Area. The Tree Save Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for every inch of DBH, whichever 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 protective 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 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 and should be placed in a highly visible location. o Tree protection shall be placed before ground disturbing activities, including tree removal and demolition, start and shall remain in place until all construction has been completed. ● 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 dripline dripline 6’ min Tree Save Area Figure 13 PROTECTING TREES DURING CONSTRUCTION ● Install a protective fence to create a Tree Save Area. The Tree Save Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for every inch of DBH, whichever 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 protective 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 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 and should be placed in a highly visible location. o Tree protection shall be placed before ground disturbing activities, including tree removal and demolition, start and shall remain in place until all construction has been completed. ● 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 dripline dripline 6’ min Tree Save Area 104 Lexington Tree Management Manual FIGURE 13 PROTECTING TREES DURING CONSTRUCTION ● Install a protective fence to create a Tree Save Area. The Tree Save Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for every inch of DBH, whichever 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 protective 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 Save Area shall include signs reading, “TREE SAVE AREA – PLEASE KEEP OUTDO NOT ENTER OR MODIFY”/ “AREA DE AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA POR FAVOR”, in both English and Spanish and should be placed in a highly visible location. 105 Lexington Tree Management Manual o Tree protection shall be placed before ground disturbing activities, including tree removal and demolition, start and shall remain in place until all construction has been completed. ● 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 (¼) 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 (½) 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 (¾) 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 best time to plant a tree is twenty years ago. The next best time is now. Chinese Proverb 106 Lexington Tree Management Manual Figure 14 EXCAVATION and TUNNELING WITHIN DRIPLINE ●Excavate around tree roots or tunnel under the root zone.Trenching without proper root pruning can severely damage 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 excavation or grade change any time work encroaches on the critical root zone. o Excavate using an air spade,hydro excavation or hand tools to expose roots. o Cut roots cleanly,removing no more than forty (40)percent of roots. o Backfill and water immediately. o If the hole must be left open past the end of day,cover roots with wet burlap. 107 Lexington Tree Management Manual Figure 15 GRADE CHANGE GUIDELINES MAINTAIN EXISTING GRADE AROUND TREE Protect trees by creating terraces with retaining walls to maintain the original grade around the root zone.Cutting or shaving roots or piling soil on top of roots to create a continuous new grade will slowly kill the tree.Avoid 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. 108 Lexington Tree Management Manual — Trunk — — Crown and Branches — — Roots and Root Collar — Unbalanced crown LCR ______% Dead twigs/branches ______% overall Max. dia. ________ Broken/Hangers Number __________ Max. dia. ________ Over-extended branches Pruning history Crown cleaned Reduced Flush cuts Thinned Topped Other Raised Lion-tailed Cracks ________________________________ Lightning damage Codominant ______________________________ Included bark tĞĂŬĂƩĂĐŚŵĞŶƚƐ_________________ Cavity/Nest hole ____% circ. Previous branch failures _____________ Similar branches present Dead/Missing bark Cankers/Galls/Burls Sapwood damage/decay Conks Heartwood decay ______________________ Response growth Client _______________________________________________________________ Date___________________ Time_________________ ĚĚƌĞƐƐͬdƌĞĞůŽĐĂƟŽŶͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ dƌĞĞŶŽ͘ͺͺͺͺͺͺͺͺͺͺͺͺ^ŚĞĞƚͺͺͺͺͺŽĨͺͺͺͺͺ Tree species _________________________________________ dbh_____________ Height ___________ Crown spread dia. ____________ Assessor(s) __________________________________________ Tools used______________________________ Time frame_____________ Target Assessment Target numberdĂƌŐĞƚĚĞƐĐƌŝƉƟŽŶ dĂƌŐĞƚƉƌŽƚĞĐƟŽŶ WƌĂĐƟĐĂůƚŽ move target?ZĞƐƚƌŝĐƟŽŶƉƌĂĐƟĐĂů͍Target within ĚƌŝƉůŝŶĞ Target within 1x Ht.Target within 1.5x Ht.1 2 3 4 ,ŝƐƚŽƌLJŽĨĨĂŝůƵƌĞƐ_____________________________________________________________ Topography Flat Slope _________% Aspect _____ Site changes None Grade change Site clearing Changed soil hydrology Root cuts Describe _____________________________________ ^ŽŝůĐŽŶĚŝƟŽŶƐ Limited volume Saturated Shallow Compacted Pavement over roots ______% Describe __________________________ WƌĞǀĂŝůŝŶŐǁŝŶĚĚŝƌĞĐƟŽŶ______ Common weather Strong winds Ice Snow Heavy rain Describe______________________________ dƌĞĞ,ĞĂůƚŚĂŶĚ^ƉĞĐŝĞƐWƌŽĮůĞ Vigor Low Normal High &ŽůŝĂŐĞ None (seasonal) None (dead)EŽƌŵĂůͺͺͺͺͺйŚůŽƌŽƟĐͺͺͺͺͺйEĞĐƌŽƟĐͺͺͺͺͺй WĞƐƚƐͬŝŽƟĐ_________________________________________________ ďŝŽƟĐ_______________________________________________________ ^ƉĞĐŝĞƐĨĂŝůƵƌĞƉƌŽĮůĞ Branches Trunk Roots Describe ____________________________________________________________________ Load Factors Wind exposure ProtectedWĂƌƟĂů Full Wind funneling ________________________ ZĞůĂƟǀĞĐƌŽǁŶƐŝnjĞ Small Medium Large Crown density Sparse Normal Dense Interior branches Few Normal Dense sŝŶĞƐͬDŝƐƚůĞƚŽĞͬDŽƐƐ _____________________ ZĞĐĞŶƚŽƌĞdžƉĞĐƚĞĚĐŚĂŶŐĞŝŶůŽĂĚĨĂĐƚŽƌƐ _______________________________________________________________________________________ _ dƌĞĞĞĨĞĐƚƐĂŶĚŽŶĚŝƟŽŶƐīĞĐƟŶŐƚŚĞ>ŝŬĞůŝŚŽŽĚŽĨ&ĂŝůƵƌĞ Occupancy rate1–rare 2 – occasional 3 – frequent 4 – constant ĂƐŝĐdƌĞĞZŝƐŬƐƐĞƐƐŵĞŶƚ&Žƌŵ Page 1 of 2 Site Factors dĂƌŐĞƚnjŽŶĞ ŽŶĚŝƟŽŶ;ƐͿŽĨĐŽŶĐĞƌŶ Load on defect N/A Minor Moderate ^ŝŐŶŝĮĐĂŶƚ >ŝŬĞůŝŚŽŽĚŽĨĨĂŝůƵƌĞ Improbable Possible Probable Imminent Load on defect N/A Minor Moderate ^ŝŐŶŝĮĐĂŶƚ >ŝŬĞůŝŚŽŽĚŽĨĨĂŝůƵƌĞ Improbable Possible Probable Imminent Part Size Fall Distance Load on defect N/A Minor Moderate ^ŝŐŶŝĮĐĂŶƚ >ŝŬĞůŝŚŽŽĚŽĨĨĂŝůƵƌĞ Improbable Possible Probable Imminent Dead/Missing bark Abnormal bark texture/color Codominant stems Included bark Cracks Sapwood damage/decay Cankers/Galls/Burls Sap ooze Lightning damage Heartwood decay Conks/Mushrooms Cavity/Nest hole _____ % circ. Depth _______ Poor taper Lean _____° Corrected? __________________________________ Response growth ŽŶĚŝƟŽŶ;ƐͿŽĨĐŽŶĐĞƌŶ Part Size Fall Distance Collar buried/Not visible Depth________ Stem girdling Dead Decay Conks/Mushrooms Ooze Cavity _____% circ. Cracks Cut/Damaged roots Distance from trunk _______ ZŽŽƚƉůĂƚĞůŝŌŝŶŐ Soil weakness Response growth ŽŶĚŝƟŽŶ;ƐͿŽĨĐŽŶĐĞƌŶ Load on defect N/A Minor Moderate ^ŝŐŶŝĮĐĂŶƚ >ŝŬĞůŝŚŽŽĚŽĨĨĂŝůƵƌĞ Improbable Possible Probable Imminent Part Size Fall Distance Part Size Fall Distance 109 Lexington Tree Management Manual Target (Target number ŽƌĚĞƐĐƌŝƉƟŽŶ) Tree part ŽŶĚŝƟŽŶ;ƐͿ of concern ZŝƐŬ ƌĂƟŶŐ (from Matrix 2) Matrix 1. Likelihood matrix. >ŝŬĞůŝŚŽŽĚ ŽĨ&ĂŝůƵƌĞ >ŝŬĞůŝŚŽŽĚŽĨ/ŵƉĂĐƚ sĞƌLJůŽǁ Low Medium High Imminent Unlikely Somewhat likely Likely Very likely WƌŽďĂďůĞ Unlikely Unlikely Somewhat likely Likely WŽƐƐŝďůĞ Unlikely Unlikely Unlikely Somewhat likely /ŵƉƌŽďĂďůĞ Unlikely Unlikely Unlikely Unlikely &ĂŝůƵƌĞ Impact &ĂŝůƵƌĞΘ/ŵƉĂĐƚ (from Matrix 1) >ŝŬĞůŝŚŽŽĚ /ŵƉƌŽďĂďůĞImminentWŽƐƐŝďůĞsĞƌLJůŽǁhŶůŝŬĞůLJEĞŐůŝŐŝďůĞMedium>ŝŬĞůLJ^ŝŐŶŝĮĐĂŶƚWƌŽďĂďůĞLowSomewhatMinorHighsĞƌLJůŝŬĞůLJSevereConsequences >ŝŬĞůŝŚŽŽĚŽĨ &ĂŝůƵƌĞΘ/ŵƉĂĐƚ ŽŶƐĞƋƵĞŶĐĞƐŽĨ&ĂŝůƵƌĞ EĞŐůŝŐŝďůĞMinor ^ŝŐŶŝĮĐĂŶƚ Severe sĞƌLJůŝŬĞůLJ Low Moderate High Extreme >ŝŬĞůLJ Low Moderate High High ^ŽŵĞǁŚĂƚůŝŬĞůLJ Low Low Moderate Moderate hŶůŝŬĞůLJ Low Low Low Low Data Final Preliminary Advanced assessment needed No Yes-Type/Reason ________________________________________________ /ŶƐƉĞĐƟŽŶůŝŵŝƚĂƟŽŶƐ None Visibility Access Vines Root collar buried Describe ___________________________________________ EŽƚĞƐ͕ĞdžƉůĂŶĂƟŽŶƐ͕ĚĞƐĐƌŝƉƟŽŶƐ 1.__________________________________________________________________________________ ZĞƐŝĚƵĂůƌŝƐŬ ________ 2.__________________________________________________________________________________ ZĞƐŝĚƵĂůƌŝƐŬ ________ 3.__________________________________________________________________________________ ZĞƐŝĚƵĂůƌŝƐŬ ________ 4.__________________________________________________________________________________ ZĞƐŝĚƵĂůƌŝƐŬ ________ KǀĞƌĂůůƚƌĞĞƌŝƐŬƌĂƟŶŐLow Moderate High Extreme KǀĞƌĂůůƌĞƐŝĚƵĂůƌŝƐŬ None Low Moderate High Extreme ZĞĐŽŵŵĞŶĚĞĚŝŶƐƉĞĐƟŽŶŝŶƚĞƌǀĂů __________________ This datasheet was produced by the International Society of Arboriculture (ISA) — 2017 North Page 2 of 2 Matrix 2. Risk rating matrix. ZŝƐŬĂƚĞŐŽƌŝnjĂƟŽŶ DŝƟŐĂƟŽŶŽƉƟŽŶƐ 110 Lexington Tree Management Manual Town of Lexington Department of Public Works Attestations of Certified Arborist PART A: REQUIRED FOR MITIGATION EXEMPTION FOR DEAD OR HAZARDOUS TREES I, , ISA # MCA # 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 Date PART B: REQUIRED WHEN ANY PROTECTED TREE IS RETAINED I, , ISA # MCA # certify that all tree protection measures for the property identified in the accompanying permit application 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 have been completed in compliance with the Lexington Tree Bylaw Rules and Regulations. Signature Date 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 Amur 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. 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 cultivars Attributes Bald Cypress Taxodium distichum (native to southeast / mid-Atlantic) ‘Monarch of Illinois’ Pyramidal deciduous conifer 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 Sweet Betula lenta (NE native) 40-55’h x 30-45’w, fall color 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: ‘Princeton’ ‘Jefferson’ ‘New Harmony’ ‘Valley Forge’ 60-80’h x 50-70’w, vase shape, suitable street tree. U structure branching (Jefferson) preferable to V structure (Princeton), Hackberry Celtis occidentalis (southern NE native) 40-60’h x 40-60’w, cylindrical at maturity, suitable street tree tolerates urban environments Hemlock, Canadian or Eastern Tsuga canadensis (NE native Not used as hedge 60-80’h x 25-40’w, fine-textured needled evergreen. Placement on cool, damp N slope critical for tree’s health and survival. May require treatment for wooly adelgid. Hickory, shagbark Carya ovata (NE native) 50-100’h x 20-40’w, few pests or diseases, fruit can be litter problem Honeylocust Gleditsia triacanthos inermis (midwest native) Shademaster, Skyline, Halka 50-60’h x 25-35’w, casts open light shade, suitable street tree Kentucky Coffeetree Gymnocladus dioicus (Midwest native) Male cultivars only 60-75’h x 30-50’w, tolerant of tough conditions and unattractive for much of year, best used as street tree, not specimen tree Magnolia, Cucumber Magnolia acuminata (NE native) 50-80’h x 50-80’w, flowering Maple, Freeman Acer x freemanii (hybrid of native red and silver maples) Autumn Blaze, Marmo, Morgan 45-70’h x 35-45’w, fast-growing with sturdy branch structure and brilliant fall color 113 Lexington Tree Management Manual 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’ ‘Commemoration’ ‘Flash Fire’ ‘Green Mountain’ 75’h x 30-50’w, needs lots of ground space and water for health and survival, not suitable as street tree Oak, Black Quercus velutina (NE native) 50-60’h x 50-60’w, not suitable as street tree Oak, Bur Quercus macrocarpa (native to central plains) 70-80’h x 70-80’w, excellent park 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 White Quercus bicolor (NE native) 50-60’h x 50-60’w, drought 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 White Pinus strobus (NE native) Many 50-80’h x 20-40’w, needs sun, easy 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 to southern NE) 60-75’h x 40-50’w, beautiful variable fall color, messy fruit, suitable street tree if roots have enough room Sycamore, American Platanus occidentalis (NE native) 75-100’h x 75-100’w, massive trunk with flaking bark, open crown, good street tree Tuliptree Liriodendron tulipifera (NE native) 70-90’h x 35-50’w, fast-growing tall tree with tulip-shaped leaves and greenish-yellow flowers, some cultivars suitable as street trees Tupelo Nyssa sylvatica (NE native) ‘Wildfire’ ‘Green Gable’ Glossy green leaves with bright fall color, bluish black fruit, suitable street tree Yellowwood Cladrastis kentukea (native to southeast) 30-50’h x 40-55’w Broad, rounded 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: Tree pit size at least 3’ x 6’ or 16 square feet with minimum 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 Name Scientific Name Acceptable cultivars Attributes Suitable for curb strip planting Alleghany Serviceberry Amelanchier laevis (NE native) 15-30’h x 8-18’w, early showy white flowers, fall color Only single stem Amur Maackia Maackia amurensis (non- native) 20-30’h x 20-35’w, fragrant white midsummer flowers No Canada Red Chokecherry Prunus virginiana 'Canada Red' (NE native) Canada Red', 'Shubert' 20-25'h x 15-20'w, green spring leaves turn purple in summer, white flowers and small redish-purple fruits Only single stem Crabapple Malus spp. Columnar types such as ‘Adirondack’ ‘Sentinel’ ‘Strawberry Parfait’ Showy flowers, fruit No European Mountain Ash Sorbus aucupani (non-native) 25-30’h x 15-25’w, showy flowers and fruit, EAB resistant Only single stem Flowering Cherry Prunus sargentii (non-native) or Prunus serrulata (non- native) ‘Accolade’ ‘Amanagawa’ ‘Royal Burgundy’ and others 15-25’h x 15-25’w, showy flowers, fruit, short-lived No Hawthorn Crataegus viridis or phaenopyrum (native to southeast) ‘Winter King’, 'Princeton Sentry', 'Fastigiata' or other upright thornless varieties 25’h x 25’w, mainly thornless, red fruit persist in winter No Japanese Snowbell Styrax japonicus (non-native) 20-30’h x 15-25’w, showy bloom No Sweetbay Magnolia Magnolia virginiana (NE native) 10-20'h x 8-15'w, fragrant white late spring flowers and small red summer fruit No 116 Lexington Tree Management Manual Town of Lexington, Massachusetts TREE MANAGEMENT MANUAL Sixth Edition 2025 Town of Lexington Tree Committee Funds for the 1st 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-6th Editions donated by Lexington Tree Fund and Lexington Forestry Division Graphics by Bruce Walker http://www.bruce-walker.com/ Published by Town of Lexington 1st Edition, 2003; 2nd Edition, 2009; 3rd Edition, 2012; 4th Edition, 2020, 5th Edition 2024, 6th Edition 2025. Subject 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 © 2025 Lexington Tree Management Manual ii With gratitude, the Lexington Tree Committee dedicates this edition of the Lexington Tree Management Manual to NELL WALKER 1934-2017 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 Lexington Tree Management Manual iii With gratitude, the Lexington Tree Committee dedicates this edition of the Lexington Tree Management Manual to JOHN FREY 1930-2020 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 Lexington Tree Management Manual iv[Type text] [Type text] [Type text] 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. 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. We hope you find the Manual useful and enjoyable. The Editors John W. Frey Anne Senning Nancy Sofen iv Lexington Tree Management Manual v Town of Lexington, Massachusetts TREE MANAGEMENT MANUAL Section TABLE OF CONTENTS 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 Neighbors’ Trees) 4 C. DONATING TREES TO THE TOWN 6 V TREE PLANTING 8 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 Lexington Tree Management Manual vi 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 WORKS 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. WORKS CITED 55 XII ASIAN LONGHORN BEETLE — GREATER WORCESTER 2008-2014 55 A. GREATER WORCESTER – 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. WORKS 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. WORKS 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 Lexington Tree Management Manual vii 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 APPENDIX III Massachusetts General Laws CHAPTER 40. SECTION 15C. SCENIC 80 ROADS https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section15C APPENDIX IV Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 8. 81 Entry on land to control and suppress public nuisances https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section11 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 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section12 APPENDIX VII Massachusetts General Laws CHAPTER 132A. STATE RECREATION 84 AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT SECTION 1F. Duties of bureau of forestry https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132A/Section 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.gov/cgi- bin/retrieveECFR?gp=1&SID=36beb9336d8b90a8225b7196b3567b10&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-301/subpart-lii65?qt- cfr_tabs_orig=1#qt-cfr_tabs_or APPENDIX X Emerald Ash Borer: Initial Quarantine Order for Berkshire County 96 http://massnrc.org/pests/linkeddocuments/EABQuarantineMarch2013.pdf APPENDIX XI Emerald Ash Borer: Extension Quarantine Order the entire state 11/26/14 98 http://massnrc.org/pests/linkeddocuments/EAB3rdAmendedOrder.pdf APPENDIX XII Asian Longhorn beetle: Commonwealth Quarantine orders for Worcester 100 County with Map: http://massnrc.org/pests/albdocs/AsianLonghornedOrder7.6.10.pdf APPENDIX XIII Asian Longhorn beetle: Commonwealth Quarantine orders for Boston and 104 Brookline: https://massnrc.org/pests/albdocs/AsianLonghornedOrder7.6.10.pdf APPENDIX XIV Lexington Tree Bylaw Rules and Regulations 106 Lexington Tree Management Manual viii 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 8 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 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 2 III ENABLING LEGISLATION The following provisions of law regulate and affect public trees in Lexington, and set forth the duties of the Tree Warden: A. TOWN 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 2. Massachusetts General Laws, Chapter 40, (Scenic Roads) Section 15 C (See Appendix III, Page 80). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section15c 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section8 2. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION 11(See Appendix V, Page 82). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section11 3. Massachusetts General Laws, Chapter 132, (Forestry) Sections 12 (See Appendix VI, Page 83). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section12 4. Massachusetts General Laws, Chapter 132A, (State Recreation Areas Outside Of The Metropolitan Parks District) Section 1F (See Appendix VII, Page 84). https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132A/Section1F 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-301/ Lexington Tree Management Manual 3 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, Engineering Planting shall be coordinated with future town projects 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 Lexington Planning Board and the Lexington Planning Department The Board and the Department shall recommend tree preservation and/or planting as part of Special Permit Projects and other developments including new and renovated buildings and parking facilities. The Planner shall consult with the Tree Warden 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 Lexington Tree Management Manual 4 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 Section 2 (Powers of the Tree Wardens), 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://ecode360.com/10535335 §120-3 (Definitions for Public Shade and Town Trees), Appendix I [Added 4-5-2017 ATM by Art. 37] 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://ecode360.com/10535335 §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. Lexington Tree Management Manual 5 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 Warden 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. Rights and Responsibilities Regarding Neighbors’ 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 cutting is done at the property line [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 property line, as long as they don’t kill or damage 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 neighbor’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 Lexington Tree Management Manual 6 property. 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? (ii) Is it a unique or rare species? (iii) 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. Planting 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 Warden. 2. Gift of Tree-Planting 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@lexingtonma.gov or phone (781) 784-8300 x1 to review specifics. 3. Commemorative Tree Program 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 DPW or the Tree Committee web site, https://www.lexingtonma.gov/tree-committee 4. Donation of Trees for Transplanting The donation of a living tree to be transplanted from private to Town property may be accepted at the discretion of the Tree Warden. 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. Donating a Street Tree Lexington Tree Management Manual 7 Homeowners may purchase a street tree, which the Town will plant, resources permitting. Apply to the Tree Warden, Chris Filadoro at the DPW by email Cfiladoro@lexingtonma.gov Figure 1 TREE BYLAW SETBACK AREA FOR RESIDENTIAL PROPERTIES The Tree Bylaw Setback Area for Protected Trees is to be 30 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 15 feet from the property lines on the two sides and the rear of the property. rear of property 30 feet 15 feet 15 feet 15 feet UNRESTRICTED AREA See definition of setback in Appendix 1, §120-3. structure side of property side of property front of property: Town right-of-way Lexington Tree Management Manual 8 V TREE PLANTING A. TREE SELECTION 1. Characteristics When 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. Where possible, avoid grafted stock. c. Examine the trunk and reject 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 Longhorn Beetle, V.B.3. Trees Killed By Emerald Ash Borer, (Page 15) and section IX INVASIVE PLANT SPECIES (Page 47), http://www.massaudubon.org/learn/nature-wildlife/invasive-plants [online cited 27 March 2018]. Lexington Tree Management Manual 9 Figure 2 SELECT TREES ACCORDING TO THE SITE AVOID FUTURE PROBLEMS Consider removing trees that are too close. Prune large overhanging tree limbs. 6 ft . m in . Keep trees at least six feet from buildings. Be aware of gasline and telephone conflicts. Lexington Tree Management Manual 10 Figure 3 Lexington Tree Management Manual 11 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 [online 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 Walnut 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 Name Mature Height Notes Salt tolerant Bald Cypress N Taxodium distichum 50-70’ Deciduous conifer (drops needles in winter), adaptable to wet or dry sites. Yes Basswood N Tilia americana 60-80’ Fragrant blossoms; good for bees; massive tree in old age; often suckers at the base No Beech, American N Fagus grandifolia 50-70’ High wildlife value with edible nuts; smooth gray bark; low-branching if open grown, but can be limbed up No Catalpa N Catalpa speciosa 50-60’ Dense flowers, large leaves and pods; tendency to spread by seedlings Mod Cedar, Alaskan White N Chamaecyparis nootkatensis 30-45’ Graceful needle evergreen; hardier than Asian varieties. Best in damp, humid areas. Yes Cherry, flowering; Sargent Cherry Prunus sargentii 20-30’ Often short-lived; dense ornamental spring blossoms; good for bees Yes Cherry, Black N Prunus serotina 50-60’ A somewhat weedy, “common” but hardy tree. Very valuable to wildlife, second only to oaks in that regard. Salt Spray Sensitive Crabapple N Malus spp. 20-25’ Native and Asian varieties, hybrids; tough, low-branching; spring blossoms some winter fruit relished by birds; good for bees Mod Dogwood, Flowering N Cornus florida 20-25’ Large spring flowers; fall fruit feeds birds. Needs moisture, mulch, partial shade. Not stress tolerant No Lexington Tree Management Manual 12 B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Name Mature Height Notes Salt tolerant Dogwood, Pagoda N Cornus alternifolia 15-25’ Bird-friendly; excellent fall color No Dogwood, Cornelian cherry Cornus mas 20-25’ Yellow spring flowers; edible fruit No Elm, American N Ulmus americana, esp. ‘Princeton’ 60-80’ ALB host ; moderate to fast growing with graceful vase shape Yes Fir, White N Abies concolor 30-50’ Best Fir for this area; soft needles with light bluish hue; good replacement for blue spruce; can take dry, rocky soil Salt Spray Sensitive Fir, Fraser N Abies fraseri 30-40’ Christmas tree shape; prefers moist soil but tolerates dry. Hardier than Balsam Firs. Yes Fringetree N Chionanthus virginicus 12-20’ EAB host; long clusters of white flowers in spring Yes Ginkgo Ginkgo biloba 45-55’ Plant only males; females have odiferous fruit; slow growing; tolerates shade, drought. Salt Spray Sensitive Hackberry N Celtis occidentalis 40-60’ Hardy, takes adverse sites and conditions. Bee and bird-friendly. Salt Spray Sensitive Hawthorn N Crataegus crusgalli inermis, C. phaenopyrum 20-25’ Fall berries attract birds; good fall leaf color; C. crusgalli var. inermis is thornless; C. phaenopyrum has some thorns; good for bees. Salt Spray Sensitive Hickory, Butternut N Juglans cinerea 40-60’ Slow-growing; sweet, oily nuts Mod Hickory, Pignut N Carya glabra 60-80’ Very adaptable, but difficult to transplant unless small; friendly to wildlife; brilliant yellow fall color No Hickory, Shagbark N Cary ovata 70-100’ Same notes as for Pignut Hickory. Interesting shaggy bark. No Honeylocust N Gleditsia triacanthos v. inermis 40-80’ Thornless varieties, small leaves, filtered shade kind to lawns; gold fall color; females have large pods Yes Hophornbeam, American N Ostrya virginiana 25-40’ Unique seed structure, striking bark No Hornbeam, European Carpinus betulus 40-60’ Columnar varieties; useful in hedges No Horsechestnut Aesculus hippocastanum 50-75’ ALB host; fruits eaten by migrating birds and small mammals; prone to leaf scorch Yes Ironwood, Blue Beech N Carpinus caroliniana 20-40’ Tolerant of many planting sites; good fall color No Lexington Tree Management Manual 13 B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Name Mature Height Notes Salt tolerant Katsura Cercidiphyllum japonicum 40-60’ Heart-shaped leaves emerge reddish- purple in spring, maturing to blue- green; yellow to apricot fall color Yes Kentucky Coffeetree N Gymnocladus dioicus 50-70’ Ideally plant males, as females have large seedpods; bi-pinnate leaves; bare trunks and branches in winter Yes Linden, Littleleaf Tilia cordata, especially ‘Greenspire’ 40-60’ Neat shape but densely twigged; casts dense shade; bee-friendly No London Planetree Platanus x acerifolia 70-100’ Beautiful peeling bark; a cross between American sycamore and Asian planetree for disease resistance; supports birds, insect pollinators and small mammals Yes Maackia, Amur Maackia amurensis 20-30’ Tough; tolerates dry well drained soil, Attractive bark, medium shade tree; bee-friendly No Magnolia, Star Magnolia stellata especially ‘Centennial’ 15-25’ Needs moisture; form often is that of a large shrub; very early white blossoms which may be obliterated by late spring frost; bee-friendly No Magnolia, Sweetbay N Magnolia virginiana 10-20’ Multi-stemmed, shrub-like; tolerates wet soil, shade; scented white flowers; bee-friendly Yes Magnolia, Cucumbertree N Magnolia acuminata 50-80’ Large leaves, yellow flowers, red seed clusters in autumn. Old trees have great character with massive branches. No Maple, red N Acer rubrum 40-60’ Preferred host of ALB; bee-friendly; tolerates wet sites; good fall color No Oaks: Bur, Chestnut, Pin, Red, Scarlet, Swamp White, White N Quercus spp. 60-80’ American National Tree. Plant in spring only. Most beneficial of all local tree species in supporting wildlife including butterflies. Red Oak is salt tolerant; others are less so. Pin Oak is salt intolerant. See notes at left Osage Orange N Maclura pomifera 20-40’ Interesting orange-tinged bark; thorns; females have fruits; extremely hardy tree even in poor sites. Mod Pine, Eastern White N Pinus strobus 50-80’ Very supportive of wildlife; useful in screening; plant at least 50’ away from structures, prone to windthrow No Redbud N Cercis canadensis 15-25’ Tolerates some shade; strong spring blossom color; young pods edible; good fall color; good for bees No Lexington Tree Management Manual 14 Redcedar, Eastern (tree form only) N Juniperus virginiana 40-50’ Common roadside evergreen, tolerant of poor soil; check cultivar for predicted height No B. LISTS OF RECOMMENDED TREES, continued 1. Recommended trees, continued Common Name N Latin Name Mature Height Notes Salt tolerant Serviceberry, Shadblow N Amelanchier laevis 15-30’ 4-season interest; edible berries; bird and bee-friendly; white spring blossoms like apple family; red fall color No Silverbell, Carolina N Halesia tetraptera 30-40’ Dense May bloom of white “bell” flowers; tolerates shade; grows quickly No Smoketree, American N Cotinus obovatus 20-30’ Intense fall colors; good street tree in wide planting strip if pruned to single trunk; often naturally in bush form Salt Spray Sensitive Sourwood N Oxydendrum arboreum 25-30’ 4-season interest; late summer blossom excellent red-purple fall color; delicate, needs good planting site; bee-friendly No Spruce, White N Picea glauca 40-60’ Hardy, common. Useful as hedge or windbreak or as specimen tree. No Sweetgum N Liquidambar styraciflua 60-70’ Star-shaped leaves; fall color; form sometimes is narrow Yes Sycamore N Platanus occidentalis 75-100’ ALB host; stately shade tree with 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. Yes Tuliptree N Liriodendron tulipifera 70-100’ Tallest Eastern native tree; tulip- shaped leaves; yellow blossoms; winter interest with persistent seed pods; likes some moisture; bee-friendly No Tree Lilac, Japanese Syringa reticulata 20-30’ White flowers in June with disagreeable scent; tough tree Yes Tupelo, Black Gum N Nyssa sylvatica 40-70’ Prefers wet soil but can tolerate lawns; good groves at streamside; astonishing red fall color; fruit for birds; bee- friendly Yes Yellowwood N Cladrastis kentukea 30-50’ Spreading, low branching when open- grown; good in lawns and naturalistic plantings; excellent yellow fall color No 2. Host Trees for Asian Longhorn Beetle; High Planting Warning 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 Lexington Tree Management Manual 15 disrupts the forest ecosystem. No chemical or biological control methods are currently known to control ALB. 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: Cfiladoro@lexingtonma.gov. 2a. Preferred Host Trees For Asian Longhorn Beetle: High Planting Warning Common Name Scientific Name Notes Maple species Acer 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 Willow species Salix spp. Pussy, Weeping, White Elm species Ulmus spp. American, Siberian, Chinese, hybrids 2b. Occasional to Rare Host Trees for Asian Longhorn Beetle in U.S.: Caution in Planting Common Name Scientific Name Notes Mimosa Albizia julibrissin American Sycamore Platanus occidentalis No record of infestation London Plane Tree Platanus x acerifolia Ash species (EAB Host) Fraxinus spp. White, Green, Black Mountain Ash Sorbus (European Mountain Ash) Katsura Tree Cercidiphyllum, spp. japonicum, magnificum Poplar species Populus spp. Aspen, Balsam, Poplar, Cottonwood Goldenraintree Koelreuteria 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.gov/plant_health/plant_pest_info/asian_lhb/downloads/hostlist.pdf [online cited 27 March 2018]. Lexington Tree Management Manual 16 3. Trees Killed by Emerald Ash Borer: High Planting Warning Emerald Ash Borer (EAB) is a non-native insect that kills Ash trees at any size, including White Ash, Green Ash, Blue Ash, and Black Ash (Fraxinus, spp.) 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 Chamaecyparis nootkatensis (native) Cherry, Sargent Prunus sargentii, especially ‘Accolade’ (Non native) Crabapple Malus spp. (Moderate salt tolerance) (native) Cornelian Cherry Dogwood Cornus mas (Non native) Elm Ulmus americana (Warning: ALB host) (native) Fir, Fraser Abies fraseri (native) Fringetree Chionanthus virginicus (Warning: EAB host) (native) Gingko Gingko biloba (Salt spray sensitive) (Non native) Goldenraintree Koelreuteria paniculata (Warning: rare ALB host) (Non native) Hawthorns Crataegus spp. (Salt spray sensitive) (native) Hickory, Butternut Juglans cinerea (Moderate salt tolerance) (native) Honeylocust Gleditsia triacanthos inermis (native) Horsechestnut Aesculus hippocastanum (Warning: ALB host) (native) Juniper Juniperus spp. (native) Katsura Cercidiphyllum japonicum (Warning: rare ALB host) Kentucky Coffeetree Gymnocladus dioicus (native) Larch, American Larix laricina (native) Lilac, Japanese Tree Syringa reticulata (Non native) London Planetree Platanus x acerifolia (Warning: rare ALB host) Magnolia, Sweetbay Magnolia virginiana (native) Lexington Tree Management Manual 17 Oak, Northern Red Quercus rubra (native) Osage Orange Maclura pomifera (Moderate salt tolerance) (native) Pine, Pitch Pinus rigida (native) Pine, Austrian Pinus nigra (Non native) B. LISTS OF RECOMMENDED TREES (CONTINUED) 4. Trees Known To Have Some Salt-Tolerance, continued Spruce, White Picea glauca (native) Spruce, Colorado Blue Picea pungens (native) Sweetgum Liquidambar styraciflua (native) Sycamore, American Platanus occidentalis (Warning: rare ALB host) (native) Tupelo Nyssa sylvatica (native) 5. Large 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 southeast / mid-Atlantic) ‘Monarch of Illinois’ Pyramidal deciduous conifer 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 Sweet Betula lenta (NE native) 40-55’h x 30-45’w, fall color 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: ‘Princeton’ ‘Jefferson’ ‘New Harmony’ ‘Valley Forge’ 60-80’h x 50-70’w, vase shape, suitable street tree. U structure branching (Jefferson) preferable to V structure (Princeton), Hackberry Celtis occidentalis (southern NE native) 40-60’h x 40-60’w, cylindrical at maturity, suitable street tree tolerates urban environments Hemlock, Canadian or Eastern Tsuga canadensis (NE native Not used as hedge 60-80’h x 25-40’w, fine-textured needled evergreen. Placement on Lexington Tree Management Manual 18 cool, damp N slope critical for tree’s health and survival. May require treatment for wooly adelgid. Hickory, shagbark Carya ovata (NE native) 50-100’h x 20-40’w, few pests or diseases, fruit can be litter problem Honeylocust Gleditsia triacanthos inermis (midwest native) Shademaster, Skyline, Halka 50-60’h x 25-35’w, casts open light shade, suitable street tree B. LISTS OF RECOMMENDED TREES (CONTINUED) 5. Large Shade Trees, continued Kentucky Coffeetree Gymnocladus dioicus (Midwest native) Male cultivars only 60-75’h x 30-50’w, tolerant of tough conditions and unattractive for much of year, best used as street tree, not specimen tree Magnolia, Cucumber Magnolia acuminata (NE native) 50-80’h x 50-80’w, flowering Maple, Freeman Acer x freemanii (hybrid of native red and silver maples) Autumn Blaze, Marmo, Morgan 45-70’h x 35-45’w, fast-growing with sturdy branch structure and brilliant fall color 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’ ‘Commemoration’ ‘Flash Fire’ ‘Green Mountain’ 75’h x 30-50’w, needs lots of ground space and water for health and survival, not suitable as street tree Oak, Black Quercus velutina (NE native) 50-60’h x 50-60’w, not suitable as street tree Oak, Bur Quercus macrocarpa (native to central plains) 70-80’h x 70-80’w, excellent park 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 White Quercus bicolor (NE native) 50-60’h x 50-60’w, drought 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 Lexington Tree Management Manual 19 Pine, Eastern White Pinus strobus (NE native) Many 50-80’h x 20-40’w, needs sun, easy 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 to southern NE) 60-75’h x 40-50’w, beautiful variable fall color, messy fruit, suitable street tree if roots have enough room B. B. LISTS OF RECOMMENDED TREES (CONTINUED) 5. Large Shade Trees, continued Sycamore, American Platanus occidentalis (NE native) 75-100’h x 75-100’w, massive trunk with flaking bark, open crown, good street tree Tuliptree Liriodendron tulipifera (NE native) 70-90’h x 35-50’w, fast-growing tall tree with tulip-shaped leaves and greenish-yellow flowers, some cultivars suitable as street trees Tupelo Nyssa sylvatica (NE native) ‘Wildfire’ ‘Green Gable’ Glossy green leaves with bright fall color, bluish black fruit, suitable street tree Yellowwood Cladrastis kentukea (native to southeast) 30-50’h x 40-55’w Broad, rounded 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 Height And Width, Drought And Salt Tolerant) (Less than 30’h, upright or vase shaped at maturity, Drought and Salt Tolerant) Common Name Scientific Name Acceptable cultivars Attributes Suitable for curb strip planting Alleghany Serviceberry Amelanchier laevis (NE native) 15-30’h x 8-18’w, early showy white flowers, fall color Only single stem Amur Maackia Maackia amurensis (non-native) 20-30’h x 20-35’w, fragrant white midsummer flowers No Canada Red Chokecherry Prunus virginiana 'Canada Red' (NE native) Canada Red', 'Shubert' 20-25'h x 15-20'w, green spring leaves turn purple in summer, white flowers and small redish-purple fruits Only single stem Crabapple Malus spp. Columnar types such as ‘Adirondack’ ‘Sentinel’ ‘Strawberry Parfait’ Showy flowers, fruit No European Mountain Ash Sorbus aucupani (non- native) 25-30’h x 15-25’w, showy flowers and fruit, EAB resistant Only single stem Flowering Cherry Prunus sargentii (non- native) or Prunus serrulata ‘Accolade’ ‘Amanagawa’ 15-25’h x 15-25’w, showy flowers, fruit, short-lived No Lexington Tree Management Manual 20 (non-native) ‘Royal Burgundy’ and others Hawthorn Crataegus viridis or phaenopyrum (native to southeast) ‘Winter King’, 'Princeton Sentry', 'Fastigiata' or other upright thornless varieties 25’h x 25’w, mainly thornless, red fruit persist in winter No Japanese Snowbell Styrax japonicus (non- native) 20-30’h x 15-25’w, showy bloom No Sweetbay Magnolia Magnolia virginiana (NE native) 10-20'h x 8-15'w, fragrant white late spring flowers and small red summer fruit No B.LISTS OF RECOMMENDED TREES (CONTINUED) 7. Trees Sensitive To Salt (Do Not Plant Near Streets) Common Name Scientific Name Basswood Tilia americana (native) Dawn Redwood Metasequoia glyptostroboides Dogwood, Flowering Cornus florida (native) Dogwood, Pagoda Cornus alternifolia (native) Fir Abies spp. (native) Fringetree Chionanthus virginicus (native) Hophornbeam, American Ostrya virginiana (native) Hornbeam, European Carpinus betulus (native) Ironwood Carpinus caroliniana (native) Junipers Juniperus spp (native) Linden, Littleleaf Tilia cordata Maple, Red Acer rubrum (Warning: prime ALB host) (native) Maple, Sugar Acer saccharum (Warning: ALB host) (native) Oak, Pin Quercus palustris (native) Redbud Cercis canadensis (native) Pine Pinus spp., except Pitch Pine and Austrian Pine Serviceberry spp Amelanchier spp. (native) Tuliptree Liriodendron tulipifera (native) 8. Best Large Street Trees Not Under Wires (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) Lexington Tree Management Manual 21 Hackberry Celtis occidentalis (Salt spray sensitive) Hickories Carya spp. (native) Honeylocust (thornless) Gleditsia triacanthos inermis (native) Kentucky Coffeetree Gymnocladus dioicus (native) Oaks Quercus spp (all except Pin Oak which is very salt sensitive) (native) Sweetgum Liquidambar styraciflua (native) Tupelo Nyssa sylvatica (native) B. LISTS OF RECOMMENDED TREES, continued 9. Small Trees/Large Shrubs Suitable For Setback Planting (Height 10’ To 20’, Ornamental, Hardy) Common Name Scientific Name Bottlebrush Buckeye Aesculus parviflora (Warning: ALB host) (native) Chokeberry Prunus virginiana (native) Cinnamon Bark Clethra Clethra acuminata Dogwood, Cornelian Cherry Cornus mas (non-native) Dogwood, Pagoda Cornus alternifolia (native) Fringetree Chionanthus virginicus (Warning: EAB host) N Hawthorn spp. Crataegus spp. (Salt spray sensitive) N Magnolia, Star Magnolia stellata (non-native) Magnolia, Sweetbay Magnolia virginiana (native) Magnolia, Umbrella Magnolia tripetala Magnolia, Yellow Cucumber Magnolia acuminata var. subcordata Redbud Cercis canadensis (native) Serviceberry Amelanchier spp (native) Silverbell Halesia tetraptera (to 30’-40’) (native) Smoketrees Cotinus obovatus (native) and Cotinus coggygria (non-native) Sourwood Oxydendrum arboreum (native) Viburnum, Cranberry Viburnum trilobum Witch Hazel Hamamelis spp. (native) Note: References used in creating these lists were primarily works by Drs. Michael Dirr & Nina Bassuk. Lexington Tree Management Manual 22 “...to promote the planting and protection of trees throughout the Town...” 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. B. LISTS OF RECOMMENDED TREES, continued 10. Invasive Trees exempt from Bylaw, planting not allowed for mitigation Common Name Scientific Name Amur Cork-tree Phellodendron amurense Autumn Olive Elaeagnus umbellata Callery (Bradford) Pear** Pyrus Calleryana** Catclaw Mimosa Mimosa pigra European Buckthorn Rhamnus cathartica Glossy Buckthorn Frangula alnus, Rhamnus frangula Gray Willow, Rusty Willow Salix cinerea Japanese Black Pine* Pinus thunbergii Large Gray Willow Salix atrocinerea, Salix cinerea ssp. oleifolia Melaleuca Melaleuca quinquenervia Sycamore maple Acer pseudoplatanus Tree-of-Heaven Ailanthus altissima * 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. Lexington Tree Management Manual 23 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. “...to promote the planting and protection of trees throughout the Town...” 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 Right-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 Planting 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. Parking 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 Lexington Tree Management Manual 24 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. Lexington Tree Inventory Current data on public shade trees is found at https://lexingtonma.gov/879/Lexington-Tree-Inventory 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 Warden 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@lexingtonma.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. Agreement An agreement will be required. It will be prepared by the Department of Public Works. Lexington Tree Management Manual 25 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. Spacing The ultimate size of the tree determines the spacing between street trees. The Tree Warden may modify standard spacing for safety reasons, if space is limited or to achieve a certain design effect. 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 Planting Tree plantings in a paved sidewalk that have less than 35 square feet of cutout area are unlikely to thrive unless CU-Structural Soil® is used. If CU-Structural Soil® 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. Tree pit size At least 3’ x 6’ or 16 square feet 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 utility lines, utility poles, gas or water valve 5’ 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 Lexington Tree Management Manual 26 Passage for sidewalk plows 5’ wide sidewalk Figure 4 Lexington Tree Management Manual 27 Lexington Tree Management Manual 28 “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...” 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 Planting 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://ag.umass.edu/landscape/fact-sheets/guidelines-for-planting-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. Dig 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 Testing Particularly disturbed or poor soil may need to be tested before planting. This can be done at the University of Massachusetts at Amherst https://ag.umass.edu/services/soil-plant- nutrient-testing-laboratory [online: cited 27 September 2017]. Lexington Tree Management Manual 29 Figure 5 Lexington Tree Management Manual 30 Figure 6 Lexington Tree Management Manual 31 B. 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. Backfilling 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 8, Page 33.) 8. Staking 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. Water 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. Lexington Tree Management Manual 32 Figure 7 Lexington Tree Management Manual 33 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 360 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. Backfilling 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. Staking 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. Water Trees need to be watered regularly for the first year or two after planting. Watering 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. Lexington Tree Management Manual 34 Figure 8 Lexington Tree Management Manual 35 VII. MAINTENANCE SPECIFICATIONS FOR PRUNING A. GENERAL REQUIREMENTS FOR PROPERTY OWNERS / PRIVATE CONTRACTORS 1. Emergency Procedures If the tree is on public property, call the Tree Warden 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. Where 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 When 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 When cutting tree roots, use sharp clean tools to prevent entry of organisms that can cause decay. 8. Trunk Wound Dressing 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 Work 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 Whenever 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. Lexington Tree Management Manual 36 Figure 9 TREE PRUNING CRIMES NO Topping NO Stubbing NO Stubbing Lexington Tree Management Manual 37 Figure 10 WHERE TO CUT BRANCHES Broken Leader Imaginary Line Lateral Branch Branch Bark Ridge Final Cut When cutting a broken leader back to a lateral branch, bisect the angle between the branch bark ridge and an imaginary line perpendicular to the broken leader. Branch Bark Ridge When removing a branch with a narrow crotch, cut from the bottom upward. Lexington Tree Management Manual 38 Lexington Tree Management Manual 39 B. ADDITIONAL REQUIREMENTS FOR PROFESSIONALS 1. The requirements listed below apply to utility linesmen, highway departments, and the Town of Lexington 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 Woody Plant Maintenance Standard Practices are available at https://www.tcia.org/TCIA/BUSINESS/ANSI_A300_Standards_/TCIA/BUSINESS/A300_Stand a rds/A300_Standards.aspx?hkey=202ff566-4364-4686-b7c1-2a365af5966 [cited 2 February 2018]. 3. Large 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 pruning 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 Warden 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. Pruning 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 Ways 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. Lexington Tree Management Manual 40 b. Prune to remove dead, dying, or broken branches. 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 Registered Surveyor 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. Design to Save Specimen Trees and Large 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 Large 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 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. 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 Warden 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. Lexington Tree Management Manual 41 Lexington Tree Management Manual 42 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 Lexington Tree Management Manual 43 on the Lexington Tree Management Manual, (See Figure 9, Page 35, Figure 10, Page 36, Figure 11, Page 37.) 8. Design 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 Warden 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. Signage Post signs reading “TREE SAVE AREA –DO NOT ENTER OR MODIFY” / “AREA DO AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA”, in both English and Spanish on the fencing. 3. Weights 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. Flooding 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.lexingtonma.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. Watering 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. Figure 13 Lexington Tree Management Manual 44 PROTECTING TREES DURING CONSTRUCTION • Install a protective fence to create a Tree Save Area. The Tree Save Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for every inch of DBH, whichever is greater. • Use 5’ high chain link or welded wire with stable metal stakes or posts inserted in the ground and spaced a maximum of eight (8) feet apart. • If protective 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 Save Area shall include signs reading, “TREE SAVE AREA –DO NOT ENTER OR MODIFY”/ “AREA DE AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA”, in both English and Spanish and should be placed in a highly visible location. • Tree protection shall be placed before ground disturbing activities, including tree removal and demolition, start and shall remain in place until all construction has been completed. • 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 42 Lexington Tree Management Manual 45 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 (¼) 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 (½) 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 (¾) 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. “We do not inherit the earth from our ancestors, we borrow it from our children.” Native American Proverb 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 Lexington Tree Management Manual 46 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 Change 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.) Lexington Tree Management Manual 47 Figure 14 EXCAVATION and TUNNELING WITHIN DRIPLINE • Excavate around tree roots or tunnel under the root zone. Trenching without proper root pruning can severely damage 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 excavation or grade change any time work encroaches on the critical root zone. • Excavate using an air spade, hydro excavation or hand tools to expose roots. • Cut roots cleanly, removing no more than forty (40) percent of roots. • Backfill and water immediately. • If the hole must be left open past the end of day, cover roots with wet burlap. • Monitor tree health and supply adequate water and mulch. 6’ min dripline dripline Lexington Tree Management Manual 48 Figure 15 GRADE CHANGE GUIDELINES MAINTAIN EXISTING GRADE AROUND TREE Protect trees by creating terraces with retaining walls to maintain the original grade around the root zone. Cutting or shaving roots or piling soil on top of roots to create a continuous new grade will slowly kill the tree. Avoid 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. Lexington Tree Management Manual 49 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 formulated by the Massachusetts Invasive Plant Advisory Group [online cited 14 June 2019]. 2. The Massachusetts Invasive Plant Advisory Group Massachusetts Invasive Plant Advisory Group [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.) Lexington Tree Management Manual 50 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 Worthen 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 Phellodendron amurense Tree Black locust Robinia pseudoacacia Tree Callery pear Pyrus calleryana Tree Norway Maple (ALB host) Acer platanoides Tree Sycamore maple (ALB host) Acer pseudoplatanus Tree Tree of Heaven Ailanthus altissima Tree Amur & Morrow honeysuckle Lonicera mackii & morrowii Shrub Barberry Berberis spp. Shrub Burning Bush Euonymus alata Shrub European Buckthorn Rhamnus cathartica Shrub Glossy Buckthorn Frangula alnus Shrub Japanese honeysuckle Lonicera japonicum Shrub Multiflora Rose Rosa Multiflora Shrub Tatarian & Bell’s honeysuckle Lonicera tatarica & x bella Shrub Japanese knotweed Fallopia japonica Perennial Purple Loosestrife Lythrum salicaria Perennial Common reed grass Phragmites australis Grass Black Swallowwort Cynanchum louiseae Vine Oriental Bittersweet Celastris orbiculatus Vine Garlic Mustard Alliaria petiolata Biennial Narrowleaf Bittercress Cardamine impatiens Biennial/Annual Lexington Tree Management Manual 51 C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS 1. Caution Before Planting Avoid planting or transplanting the invasive plants published by the Massachusetts Invasive Plant Advisory Group. Listed at https://www.massnrc.org/mipag/ [online cited 9 March 2018]. 2. The Invasive Factor Multiplying 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 When 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. Danger 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. Lexington Tree Management Manual 52 X. INVASIVE INSECT SPECIES — EMERALD ASH BORER Photo credit Minnesota Department of Natural Resources http://www.mass.gov/eea/docs/dfg/nhesp/land-protection-and-management/invasive- plant- strategicplan.pdf 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 (Agrilus planipennis) (EAB), a beetle native to Asia, is an insect destructive to all ash tree species (Fraxinus 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.1 Movement of ash wood within the state is unrestricted. More information can be found at htps://massnrc.org/pests/linkeddocuments/EABTaskForceBrochure.pdft 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.gov/guides/emerald-ash-borer-in-massachusetts [online: cited 7 March 2019] Adult Emerald Ash Borer size enlarged Adult Emerald Ash Borer actual size ½ inch long. Lexington Tree Management Manual 53 2. Ash woodchips Chips that leave the quarantine area must be no larger than 1x1 inch in two dimensions. May 1 - October 1 is the EAB flight season. When 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 logs 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 nursery 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. Lexington Department of Public Works Ash Tree Policy Subsequent to the discovery of an Emerald Ash Borer (EAB) in Lexington in 2018, The Town of Lexington Department of Public Works 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 injections of Tree-age®. 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 Lexington Tree Management Manual 54 D. WORKS 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 Works, Town of Lexington. [Report to Lexington Tree Committee, 8/2/2018] XI. INVASIVE INSECT SPECIES — ASIAN LONGHORN BEETLE Photo Source: Kyle Ramirez https://www.americanforests.org/magazine/article/eradication-nation Asian Longhorn Adult Beetle actual size 1-1.5 inch Photo Source, http://www.worcesterma.gov/parks/trees/asian-longhorned-beetles Asian Longhorn Beetle Lexington Tree Management Manual 55 A. ASIAN LONGHORNED BEETLE MASSACHUSETTS OVERVIEW AND HISTORY1 Asian longhorned beetle, Anoplophora glabripennis (ALB) is a threat to America's hardwood trees. With 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 Worcester in 2008 and the second in Boston in 2010. The Boston infestation was eradicated. The Worcester infestation is on going. “The life cycle of the ALB is roughly a year, nine months of which is spent buried in wood. ...Beetles will often inhabit one tree for many generations until it is nearly dead...” Peter Alsop, Smithsonian Magazine November 2009 https://www.smithsonianmag.com/science-nature/invasion-of-the-longhorn-beetles- 145061504/ Lexington Tree Management Manual 56 Photo Source, George A. Hubley Jr. MA, DCR, Forest Health Program, DCR Bureau of Forest Fire, Control and Forestry https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts B. CURRENT DETECTIONS The current cooperative eradication program established a 110 square mile quarantine zone in Worcester County. The six communities included in the quarantine zone are Worcester, Boylston, West 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. Asian Longhorn Female Beetle Actively Chewing An Egg Site Lexington Tree Management Manual 57 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.gov/guides/asian-longhorned-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] “...With no current cure, early identification and eradication are critical to its control...” Asian Longhorn Beetle in Massachusetts https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts XII. ASIAN LONGHORN BEETLE — GREATER WORCESTER 2008-2014 A. GREATER WORCESTER - 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. Lexington Tree Management Manual 58 B. QUARANTINE ZONE The quarantine zone encompasses 110 square miles. It covers all of Worcester, Shrewsbury, West 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 Worcester area. The USDA and the Massachusetts Department of Conservation and Recreation (DCR) employed 102 staff members 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 Worcester 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 Worcester. 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. Injected 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 Worcester, and Worcester Tree Initiative combined to replant 31,000 new trees of varied ALB resistant species in the greater Worcester 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. Lexington Tree Management Manual 59 F. CONTINUING SURVEYS Surveys are continuing within the current regulated area and the bordering towns of Sterling, Northborough, Westborough 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, Worcester, 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. “...An ALB infestation tends to be a slow, quiet burn, with multiple generations often feeding on the same tree or those very nearby...” Tate Williams “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/ Lexington Tree Management Manual 60 Lexington Tree Management Manual 61 Lexington Tree Management Manual 62 H. WORKS CITED 1. Quinn, Tom. “Trees Under Attack: Worcester’s Beetle Battle”, 30 July 2015, Worcester Magazine https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 4 August 2016] 2. USDA announces its 2014 priorities in continued eradication of the Asian longhorned beetle (ALB) from Worcester County, Massachusetts [online: cited 24 August 2016] https://www.aphis.usda.gov/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 Women’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 Washington D.C. On July 5, federal officials from (APHIS), the same team who had been working on the Worcester 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, 5 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. 7 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: 8 Acer (Maple), Aesculus (Horse chestnut), Albizia (Mimosa), Betula (Birch), Celtis (Hackberry), Cercidiphyllum (Katsura), Fraxinus (Ash), Koelreuteria (Golden Rain Tree), Platanus (Sycamore), Populus (Poplar), Salix (Willow), Sorbus (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 Lexington Tree Management Manual 63 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 injection. 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 Worcester. 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, West Roxbury and a portion of the Town of Brookline. 14,15 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. 17 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. 18 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 Lexington Tree Management Manual 64 Lexington Tree Management Manual 65 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/finding_of_invasive_beetle_in_boston_set s_o ff_alarms/ [online: cited 3 September 2016] 2. Williams, Tate. “Eradication Nation: What Boston’s battle with the Asian longhorned beetle can teach us about stopping an invasive pest in its tracks”, Winter 2015, American Forests, https://www.americanforests.org/magazine/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 Butterfly Project takes flight at BWFH - Brigham and Women’s... [online: cited 17 September 2016] 4. Op. cit. https://www.americanforests.org/magazine/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.gov/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.gov/news/default.aspx?id=4682 [online: cited 1 September 2016] 8. Op. cit. http://www.cityofboston.gov/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.federalregister.gov/documents/2016/06/16/2016-14248/asian-longhorned- beetle-update- list-of-regulated-articles [online: cited 30 October 2016] 10 Op. cit. http://archive.boston.com/news/science/articles/2010/07/07/finding_of_invasive_beetle_in_boston_ sets_o ff_alarms/ [online: cited 3 September 2016] 11. Op. cit. https://www.americanforests.org/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] Lexington Tree Management Manual 66 13. Op. cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6 September 2016] 14. Op. cit. http://massnrc.org/pests/albdocs/ALBRegulatedAreaMapBoston07062010.pdf [online: cited 3 October 2016] 15. “USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle”, 14 May 2014, Washington, /PRNewswire/ http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the- asian- longhorned-beetle-258909731.html [online: cited 28 September 2016] 16. “Asian Longhorn Beetle, Spring 2012 Update”, City of Boston, Environment, Energy and Open Space. http://www.cityofboston.gov/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.org/pests/albdocs/ALBRegulatedAreaMapBoston07062010.pdf [online: cited 3 October 2016] 18. Op cit. “USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle”, 14 May 2014, Washington, /PRNewswire/ http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the- asian- longhorned-beetle-258909731.html [online: cited 28 September 2016] 19. Op cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6 September 2016] “If we were to wipe out insects alone on this planet, the rest of life and humanity with it would mostly disappear from the land. Within a few months.” E. O. Wilson Lexington Tree Management Manual 67 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 Works (DPW) 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 DPW 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 DPW 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. Lexington Tree Management Manual 68 XV. SOURCE MATERIAL A. Printed Publications 1. Bringing Nature Home, How Native Plants Sustain Wildlife with Native Plants Updated and Expanded, Douglas W. Tallamy, Timber Press, 2009 2. Landscape Plants for Eastern North America, Exclusive of Florida and the Immediate Gulf Coast, Harrison L. Flint, John Wiley & Sons, Inc., 1997. 3. Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture, Propagation and Uses, Michael A. Dirr, Stipes Publishing Co., rev. 2009. 4. A New Tree Biology and Dictionary, Alex L. Shigo, Shigo & Trees Assoc, 2008. 5. Native Plants of the Northeast, A Guide for Gardening & Conservation, Donald J. Leopold, Timber Press, 2005 6. Native Trees, Shrubs & Vines: A Guide to Using, Growing and Propagating North American Woody Plants, William Cullina, Houghton Mifflin, 2002 7. Principles and Practice of Planting Trees and Shrubs, Gary W. Watson and E. B. Himelick, International Society of Arboriculture, 1997. 8. The Green Menace: The Emerald Ash Borer and the Invasive Species Problem, John D. Marche´ II, Oxford University Press, 2017 9. The Sibley Guide to Trees, David Allen Sibley, Written and Illustrated, Alfred P. Knopf, New York, 2009 10. The Tree: A Natural History of What Trees Are, How They Live, and Why They Matter, Colin Tudge, Three Rivers Press, 2006. 11. Trees and Development: a Technical Guide to Preservation of Trees during Land Development, Nelda Matheny and James R. Clark, International Society of Arboriculture, 1998. 12. Tree Risk Assessment Manual, J.A. Dunster, E. Thomas Smiley, Sharon Lilly, Nelda Matheny, International Society of Arboriculture, 2017 13. Trees and Shrubs of New England, Marilyn Dwelley, Down East Books, 2nd ed., 2000. 14. Trees in the Urban Landscape: Site Assessment, Design, and Installation, Peter Trowbridge and Nina L. Bassuk, John Wiley & Sons Inc., 2004. Lexington Tree Management Manual 69 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.missouribotanicalgarden.org/plantfinder/plantfindersearch.aspx 4. The Morton Arboretum: https://www.mortonarb.org/trees-plants/tree-and-plant-selection 5. University of Connecticut Plant Database: www.hort.uconn.edu/plants/ 6. University of Massachusetts Extension: http://www.urbanforestrytoday.org/ 7. Urban Horticultural Institute: http://www.hort.cornell.edu/uhi/outreach/ Government 8. Department of Conservation and Recreation: http://www.mass.gov/dcr 9. Mass Prohibited Plants: https://www.mass.gov/service-details/prohibited-plant-list-background 10. Plant Materials Guide for Lexington MA: https://www.lexingtonma.gov/sites/lexingtonma/files/uploads/plant_materials_guide_for_lexing ton222111.pdf 11.Town of Lexington: http://www.lexingtonma.gov/ 12.Tree Committee, Town of Lexington: https://www.lexingtonma.gov/tree-committee Insects 13. Asian Longhorn Beetle: https://www.aphis.usda.gov/aphis/resources/pests-diseases/asian- longhorned-beetle 14. Asian Longhorn Beetle in Massachusetts: https://www.mass.gov/guides/asian-longhorned- beetle-in-massachusetts 15. Encyclopedia Britannica Asian longhorn beetle https://www.britannica.com/animal/Asian-long- horned-beetle 16. Emerald Ash Borer: http://emeraldashborer.info/ 17. Emerald Ash Borer in Massachusetts: https://www.mass.gov/guides/emerald-ash-borer-in- massachusetts Invasive Plants 18. Invasive Plant Atlas of New England: http://www.eddmaps.org/ipane/index.html 19. Mass Invasive Plant Information: https://www.massaudubon.org/learn/nature-wildlife/invasive- plants 20. Native Plant Trust (New England Wildflower Society): http://www.newfs.org/ Lexington Tree Management Manual 70 B. Websites, 6/11/2019 Trees 21. ANSI 300 Standard Practices: https://www.tcia.org/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.org/page/standards 23. Guidelines for Planting Trees and Shrubs https://ag.umass.edu/landscape/fact-sheets/guidelines- for-planting-trees-shrubs XVI. PUBLICATION INFORMATION Sixth Edition, Published 2025 by the Town of Lexington Tree Committee: David J. Pinsonneault, Director of Public Works Christopher Filadoro, Superintendent of Public Grounds, Tree Warden Benjamin Fein-Cole, Associate Gavin Grant Alicia Morris, Pat Moyer, Chair Nancy Sofen Rachel Summers Barbara Tarrh Graphics by Bruce Walker http://www.bruce-walker.com/ Lexington Tree Management Manual 71 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. [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 Lexington Tree Management Manual 72 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, Lexington Tree Management Manual 73 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 Board; (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 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 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. 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 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 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 Lexington Tree Management Manual 74 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 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. Scope. 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 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. 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] 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. (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 Lexington Tree Management Manual 75 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. (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.5] replanting shall be on the basis of ¼ 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] Editor’s Note: Former Subsection C (3), which required the applicant to demonstrate the desirability of removal of a protected tree, was repealed 3-22-2010 ATM 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, subject to the availability of planting sites: [Added 3-18-2024 ATM by Art. 35] (a) 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. (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. 35] Lexington Tree Management Manual 76 D. Trees not removed. Trees that are to be left on the site and trees in the Town right-of- way must be protected as specified in Section VIIIB in the Tree Management Manual. These protection measures shall be delineated within 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 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 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§ 120-8C. [Added 4-14-2021 ATM by Art. 33] § 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 Works or the Town Manager; B. Town trees that are hazardous as determined in writing by the Tree Warden; C. [1]Trees that, in accordance with a Level 2 ISA, BMP Tree Risk Assessment submitted to the Town, have a high or extreme overall tree risk rating for which no alternative reasonable mitigation of the risk exists other than by the removal of the tree as determined in writing by a certified arborist. Lexington Tree Management Manual 77 [1] Editor’s Note: Former Subsection C, which excluded invasive tree species, was repealed 3-22-2010 ATM by Art. 27. 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 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. § 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 Lexington Tree Management Manual 78 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 to comply with a condition, restriction or requirement of a local, state, or federal permit Same as inches removed Level 2: 24” DBH and larger 4 times inches removed Lexington Tree Management Manual 79 APPENDIX II MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 87. SHADE TREES https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/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. Lexington Tree Management Manual 80 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, objection 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 8. 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. Whoever 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 Lexington Tree Management Manual 81 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. Whoever 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. Whoever 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. Lexington Tree Management Manual 82 (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. (f) 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87 online: cited [18 June 2018] Lexington Tree Management Manual APPENDIX III 83 MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIV. PUBLIC WAYS AND WORKS CHAPTER 40 SECTION 15C. SCENIC ROADS * https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section15C 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section15C [online: cited [18 June 2018] Lexington Tree Management Manual APPENDIX IV 84 MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section8 Chapter 132: Section 8. 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. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section8 [online: cited [5 December 2016] Lexington Tree Management Manual APPENDIX V 85 MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section11 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. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section11 [online: cited 6 December 2016] Lexington Tree Management Manual 86 APPENDIX VI MASSACHUSETTS GENERAL LAWS PART I. ADMINISTRATION OF GOVERNMENT TITLE XIX AGRICULTURE AND CONSERVATION CHAPTER 132. FORESTRY https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section12 Chapter 132: Section 12. Interference with suppression or eradication of Asian longhorned beetle, oak wilt or any public nuisance; penalties; injunctive relief Whoever 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. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132/Section12 [online: cited 6 December 2016] Lexington Tree Management Manual 87 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132A/Section1F 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, subject 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://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter132A/Section1F [online: cited 6 December 2016] Lexington Tree Management Manual 88 APPENDIX VIII https://www.law.cornell.edu/cfr/text/7/part-301/ Electronic Code of Federal Regulations e- CFR data is current as of June 14, 2018 Title 7 → Subtitle B → Chapter III → Part 301 → Subpart Title 7:Agriculture PART 301—DOMESTIC QUARANTINE NOTICES Subpart—Emerald Ash Borer Contents §301.53-1 Definitions. §301.53-2 Regulated articles. §301.53-3 Quarantined areas. §301.53-4 Conditions governing the interstate movement of regulated articles from quarantined areas. §301.53-5 Issuance and cancellation of certificates and limited permits. §301.53-6 Compliance agreements and cancellation. §301.53-7 Assembly and inspection of regulated 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. §301.53-1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Certificate. 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 agreement. 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. Emerald ash borer. 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. Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. EMERALD ASH BORER FEDERAL REGULATIONS AND QUARANTINE NOTICES Lexington Tree Management Manual 89 Limited permit. 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. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Quarantined area. 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 article. 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 Fraxinus. (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. Lexington Tree Management Manual 90 (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) With a certificate or limited permit issued and attached in accordance with §§301.53-5 and 301.53-8; (b) Without 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. §301.53-5 Issuance and cancellation of certificates and limited permits. (a) An inspector1 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: 1Inspectors 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 20737-1236. (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. Lexington Tree Management Manual 91 (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) §301.53-6 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 20737-1236. (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 Lexington Tree Management Manual 92 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) §301.53-7 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) §301.53-8 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 regulated article; (2) The container carrying the regulated article; 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 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. Lexington Tree Management Manual 93 APPENDIX IX https://www.law.cornell.edu/cfr/text/7/chapter-III Electronic Code of Federal Regulations ALB e-CFR data is current as of June 14, 2018 Title 7 → Subtitle B → Chapter III → Part 301 → Subpart Title 7: Agriculture PART 301—DOMESTIC QUARANTINE NOTICES Subpart—Asian Longhorned Beetle Contents §301.51-1 Definitions. §301.51-2 Regulated articles. §301.51-3 Quarantined areas. §301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas. §301.51-5 Issuance and cancellation of certificates and limited permits. §301.51-6 Compliance agreements and cancellation. §301.51-7 Assembly and inspection of regulated articles. §301.51-8 Attachment and disposition of certificates and limited permits. §301.51-9 Costs and charges. SOURCE: 62 FR 10416, Mar. 7, 1997, unless otherwise noted. §301.51-1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian longhorned beetle. The insect known as Asian longhorned beetle (Anoplophora glabripennis) in any stage of development. Certificate. 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 agreement. 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. Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. ASIAN LONGHORN BEETLE FEDERAL REGULATIONS AND QUARANTINE NOTICES Lexington Tree Management Manual 94 Limited permit. A document in which an inspector 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. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Quarantined area. Any State, or any portion of a State, listed in §301.51-3(c) of this subpart or otherwise designated as a quarantined area in accordance with §301.51-3(b) of this subpart. Regulated article. Any article listed in §301.51-2(a) of this subpart or otherwise designated as a regulated article in accordance with §301.51-2(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: Acer(maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Cercidiphyllum (katsura), Fraxinus (ash), Koelreuter ia(golden rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (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 subject 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. Lexington Tree Management Manual 95 (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. 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 Worcester 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 FEDERAL 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. Lexington Tree Management Manual 96 (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, subjected to other remedial measures, destroyed, or otherwise disposed of. §301.51-5 Issuance and cancellation of certificates and limited permits. (a) An inspector1 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: 1Inspectors 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. Lexington Tree Management Manual 97 (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 §301.51-6 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 20737-1236. (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 Lexington Tree Management Manual 98 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 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. §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. Lexington Tree Management Manual 99 APPENDIX X EMERALD ASH BORER: INITIAL QUARANTINE ORDER FOR BERKSHIRE COUNTY http://massnrc.org/pests/linkeddocuments/EABQuarantingMarch2013.pdf [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 1F of Chapter 132A of the Massachusetts General Laws. Background on the Emerald ash borer The Emerald ash borer (Agrilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of all ash tree species (Fraxinus 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 Lexington Tree Management Manual 100 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 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 Lexington Tree Management Manual 101 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 1F of Chapter 132A of the Massachusetts General Laws. Background on the Emerald ash borer The Emerald ash borer (Agrilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of all ash tree species (Fraxinus 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. Lexington Tree Management Manual 102 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 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 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. Dated: November 26, 2014 Signed and Ordered By: John P. Murray, Commissioner Department of Conservation and Recreation 251 Causeway Street, Suit 600 Boston, MA 02114 http://massnrc.org/pests/linkeddocuments/EABQuarantineMarch2013.pdf [online: cited 23 July 2015] Lexington Tree Management Manual 103 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. Background on the Asian longhorned 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 Order An infestation of ALB has been identified in areas of Worcester, Holden, West 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 Worcester 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 Lexington Tree Management Manual 104 herein. On August 24, 2009, DCR issued a Sixth Amended Order, amending the Fifth Amended Order, for the sole reason of adding the genus Cercidiphyllum 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 Koelreuteria 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. Lexington Tree Management Manual 105 8. 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 Worcester 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. While 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 106 Lexington Tree Management Manual Lexington Tree Management Manual 107 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 1F of Chapter 132A of the Massachusetts General Laws. Background on the Asian longhorned 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 Lexington Tree Management Manual 108 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 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 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. 8. 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. While 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 Lexington Tree Management Manual 109 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. 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 and documented by submission to the Tree Warden Attestation of Certified Arborist Part B signed by a certified arborist before any ground disturbing activities, including demolition or tree removal, begins. Lexington Tree Management Manual 110 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 Figure 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 – DO NOT ENTER OR MODIFY”/ “AREA DE AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA”, in both English and Spanish d) Tunneling is preferred to root pruning, where possible. See Figure 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 Figure 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 Figure 15. 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 (¼) 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 (½) 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 (¾) 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 Tree Removal and Mitigation Permit application b) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the Town’s ViewPoint Cloud online permitting portal. Lexington Tree Management Manual 111 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 International Society of Arboriculture (“ISA”) Basic Tree Risk Assessment Form related to the Tree provided by a Certified Arborist, submitted with the permit application. c) A signed Attestation from a Certified Arborist Part A 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 List of Exempt Trees. 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 Mitigation 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 removed in order to comply with a condition, restriction or requirement of a local, state, or federal permit Same as inches removed Level 2: 24” DBH and larger 4 times inches removed Lexington Tree Management Manual 112 6. Mitigation 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 (¼) inch of new tree(s) from the Large Shade Tree List (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. 7. Minimum Street Frontage Mitigation Planting 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 Large Shade Tree List, unless there are mitigating circumstances as delineated in the Tree Planting Guidelines. f) 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 Wires. g) Consider medium-sized trees (~40’ mature height) when a larger tree would shade solar panels on the front of the house. Lexington Tree Management Manual 113 h) These requirements are subject to availability of suitable planting sites, as delineated in the Tree Planting Guidelines. 8. Survival of Retained Protected Trees and Mitigation Plantings In accordance with sections § 120-8C(6) and § 120-8D(1), retained protected trees and new trees planted for mitigation credit must be maintained in good health for 1 year from the date the Certificate of Occupancy is issued. If a retained protected tree dies or is removed in this time period, the owner of the property will provide mitigation for the dead or removed tree. If a tree planted as mitigation dies within 1 year, the owner of the property will replace the tree within 9 months. The best time to plant a tree is twenty years ago. The next best time is now. Chinese Proverb Lexington Tree Management Manual 114 FIGURE 13 PROTECTING TREES DURING CONSTRUCTION ● Install a protective fence to create a Tree Save Area. The Tree Save Area is defined as the area within the drip line of a tree, or the area within a radius around the tree trunk of 1 foot for every inch of DBH, whichever 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 protective 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 Save Area shall include signs reading, “TREE SAVE AREA – DO NOT ENTER OR MODIFY”/ “AREA DE AHORRO DE ARBOLES – ENTRADA O MODIFICACION PROHIBIDA”, in both English and Spanish and should be placed in a highly visible location. Tree Save Area Lexington Tree Management Manual 115 o Tree protection shall be placed before ground disturbing activities, including tree removal and demolition, start and shall remain in place until all construction has been completed. ● 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 (¼) 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 (½) 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 (¾) 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. Lexington Tree Management Manual 116 Lexington Tree Management Manual 117 Lexington Tree Management Manual 118 Lexington Tree Management Manual 119 Lexington Tree Management Manual 120 Lexington Tree Management Manual 121 Town of Lexington Department of Public Works Attestations of Certified Arborist PART A: REQUIRED FOR MITIGATION EXEMPTION FOR DEAD OR HAZARDOUS TREES I, , ISA # MCA # 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 Date PART B: REQUIRED WHEN ANY PROTECTED TREE IS RETAINED I, , ISA # MCA # certify that all tree protection measures for the property identified in the accompanying permit application 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 have been completed in compliance with the Lexington Tree Bylaw Rules and Regulations. Signature Date Lexington Tree Management Manual 122 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 Amur 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. Lexington Tree Management Manual 123 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 cultivars Attributes Bald Cypress Taxodium distichum (native to southeast / mid-Atlantic) ‘Monarch of Illinois’ Pyramidal deciduous conifer 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 Sweet Betula lenta (NE native) 40-55’h x 30-45’w, fall color 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: ‘Princeton’ ‘Jefferson’ ‘New Harmony’ ‘Valley Forge’ 60-80’h x 50-70’w, vase shape, suitable street tree. U structure branching (Jefferson) preferable to V structure (Princeton), Hackberry Celtis occidentalis (southern NE native) 40-60’h x 40-60’w, cylindrical at maturity, suitable street tree tolerates urban environments Hemlock, Canadian or Eastern Tsuga canadensis (NE native Not used as hedge 60-80’h x 25-40’w, fine-textured needled evergreen. Placement on cool, damp N slope critical for tree’s health and survival. May require treatment for wooly adelgid. Hickory, shagbark Carya ovata (NE native) 50-100’h x 20-40’w, few pests or diseases, fruit can be litter problem Honeylocust Gleditsia triacanthos inermis (midwest native) Shademaster, Skyline, Halka 50-60’h x 25-35’w, casts open light shade, suitable street tree Kentucky Coffeetree Gymnocladus dioicus (Midwest native) Male cultivars only 60-75’h x 30-50’w, tolerant of tough conditions and unattractive for much of year, best used as street tree, not specimen tree Magnolia, Cucumber Magnolia acuminata (NE native) 50-80’h x 50-80’w, flowering Maple, Freeman Acer x freemanii (hybrid of native red and silver maples) Autumn Blaze, Marmo, Morgan 45-70’h x 35-45’w, fast-growing with sturdy branch structure and brilliant fall color Maple, Red Acer rubrum (NE native) 40-70’h x 20-40’w, fall color, suitable street tree Lexington Tree Management Manual 124 Maple, Sugar Acer saccharum (NE native) ‘Fall Fiesta’ ‘Commemoration’ ‘Flash Fire’ ‘Green Mountain’ 75’h x 30-50’w, needs lots of ground space and water for health and survival, not suitable as street tree Oak, Black Quercus velutina (NE native) 50-60’h x 50-60’w, not suitable as street tree Oak, Bur Quercus macrocarpa (native to central plains) 70-80’h x 70-80’w, excellent park 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 White Quercus bicolor (NE native) 50-60’h x 50-60’w, drought 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 White Pinus strobus (NE native) Many 50-80’h x 20-40’w, needs sun, easy 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 to southern NE) 60-75’h x 40-50’w, beautiful variable fall color, messy fruit, suitable street tree if roots have enough room Sycamore, American Platanus occidentalis (NE native) 75-100’h x 75-100’w, massive trunk with flaking bark, open crown, good street tree Tuliptree Liriodendron tulipifera (NE native) 70-90’h x 35-50’w, fast-growing tall tree with tulip-shaped leaves and greenish-yellow flowers, some cultivars suitable as street trees Tupelo Nyssa sylvatica (NE native) ‘Wildfire’ ‘Green Gable’ Glossy green leaves with bright fall color, bluish black fruit, suitable street tree Yellowwood Cladrastis kentukea (native to southeast) 30-50’h x 40-55’w Broad, rounded crown with panicles of white, fragrant flowers, not suitable as street tree due to low branching; good setback tree Lexington Tree Management Manual 125 ACCEPTABLE TREE PLANTING SITE GUIDELINES Unless otherwise specified, numbers given are minimum distances from tree center: Tree pit size at least 3’ x 6’ or 16 square feet with minimum 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. Lexington Tree Management Manual 126 BEST SMALL STREET TREES UNDER WIRES Less than 30’h, upright or vase shaped at maturity, salt and drought tolerant. Common Name Scientific Name Acceptable cultivars Attributes Suitable for curb strip planting Alleghany Serviceberry Amelanchier laevis (NE native) 15-30’h x 8-18’w, early showy white flowers, fall color Only single stem Amur Maackia Maackia amurensis (non-native) 20-30’h x 20-35’w, fragrant white midsummer flowers No Canada Red Chokecherry Prunus virginiana 'Canada Red' (NE native) Canada Red', 'Shubert' 20-25'h x 15-20'w, green spring leaves turn purple in summer, white flowers and small redish- purple fruits Only single stem Crabapple Malus spp. Columnar types such as ‘Adirondack’ ‘Sentinel’ ‘Strawberry Parfait’ Showy flowers, fruit No European Mountain Ash Sorbus aucupani (non-native) 25-30’h x 15-25’w, showy flowers and fruit, EAB resistant Only single stem Flowering Cherry Prunus sargentii (non-native) or Prunus serrulata (non-native) ‘Accolade’ ‘Amanagawa’ ‘Royal Burgundy’ and others 15-25’h x 15-25’w, showy flowers, fruit, short-lived No Hawthorn Crataegus viridis or phaenopyrum (native to southeast) ‘Winter King’, 'Princeton Sentry', 'Fastigiata' or other upright thornless varieties 25’h x 25’w, mainly thornless, red fruit persist in winter No Japanese Snowbell Styrax japonicus (non-native) 20-30’h x 15-25’w, showy bloom No Sweetbay Magnolia Magnolia virginiana (NE native) 10-20'h x 8-15'w, fragrant white late spring flowers and small red summer fruit No Lexington Tree Management Manual 127 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Discussion: Select Board and Town Manager Goals for FY2026 PRESENTER: Board Discussion ITEM NUMBER: I.3 SUMMARY: Category: Decision Making Following the June 2025 Select Board retreat, facilitator Jon Wortmann culminated draft FY2026-27 goal areas and statements based on the Board’s input. Board members later provided additional feedback to refine and define measurable objectives. With the Boards feedback and further discussion with the Town Manager, a draft set of the FY2026-2027 Select Board Goals is being presented for Board discussion and potential adoption. SUGGESTED MOTION: Move to approve the Proposed Select Board Fiscal Year 2026–2027 goal areas and goal statements as discussed and post them to them to the Select Board's Webpage. FOLLOW-UP: Select Board Office to post Select Board Fiscal Year 2026–2027 goal areas and goal statements to Select Board Webpage. DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 7:20pm ATTACHMENTS: Description Type For Discussion/Potential adoption - Proposed FY26-27 Select Board Goals - suggested edits incorporated Backup Material Redlined Version of Proposed FY26-27 Select Board Goals showing the Backup Material suggested changes Original Draft from J. Wortmann - June 2025 Backup Material FY2026-27 Select Board Goals and Goal Statements 1. Complete the Lexington High School Project 1. Proactively drive actions to meet planned timelines with MSBA and legislature. 2. Find opportunities to lower the cost and impact on residential taxes 3. Engage residents to explain and address tax implications 2. Clean, Healthy, Resilient Lexington 1. Incorporate Capital Projects Solar Canopy Integration Policy into business practices 2. Continue decarbonizing municipal buildings and electrifying municipal vehicles according to the High Performance Building Policy and Fleet Electrification Policy 3. Reduce waste generation while increasing composting and recycling according to the Zero Waste Plan 3. Economic and Community Vibrancy 1. Propose options for next steps for revitalizing the center 2. Integrate the external equity officer position into the fabric of the community 3. Propose strategies for enhancing economic opportunities in all business districts 4. Fiscal Stability 1. Avoid operational overrides 2. Maintain AAA Bond Rating 3. Identify areas for commercial tax base growth (original draft) 4. Develop long-term financial plan based on housing projections 5. Convene conversations on revenue diversification (original draft) 5. Livable Community 1. Review implementation options of housing goals in the comprehensive plan and the HPB analysis 2. Evaluate a true 10% affordable housing goal 3. Advance the Bicycle and Pedestrian access plan and Traffic Safety Group recommendations as a means of increasing safety and multi-modal and public transportation 4. Propose strategies that increase a sense of community across the life, ability, and economic span Increase a sense of community by considering health, safety, and systemic barriers in all decisions and planning processes FY2026-27 Select Board Goals and Goal Statements 1. Complete the Lexington High School Project 1.Proactively drive actions within our control to meet planned timelines with MSBA and legislature. 2.Find opportunities to lower the cost and impact on residential taxes 3.Engage residents to explain and address tax implications 2. Clean, Healthy, Resilient Lexington 1.Incorporate Capital Projects Solar Canopy Integration Policy into business practices 2.Continue decarbonizing municipal buildings and electrifying municipal vehicles according to the Municipal Decarbonization Roadmap High Performance Building Policy and Fleet Electrification Policy 3.Reduce waste generation while, improve increasing composting and recycling according to the Zero Waste Plan 3. Economic and Community Vibrancy 1.Evaluate and bringPropose forward options for next steps for revitalizing the center 2.Integrate the external equity officer position into the fabric of the community 3.Analyze and pPropose strategies for enhancing top economic opportunities in all business districts 4. Fiscal Stability 1.Avoid operational overrides 2.Maintain AAA Bond Rating 2.3.Identify areas for commercial tax base growth (original draft) 4.Develop long-term financial plan based on housing projections 3.5.Convene conversations on revenue diversification (original draft) 5. Livable Community 1.Review implementation options of housing goals in the comprehensive plan and the HPB analysis 2.EMeet with all housing stakeholders to evaluate Affordable housing options a true 10% affordable housing goal 3.Advance AdvanceImplement the bike/ped/ Bicycle and Pedestrian access plan and TSG Traffic Safety Group recommendations as a means of increasing safety and multi-modal and public transportation 4.Review Propose strategies that increase a sense of community across the life, ability, and economic span Increase a sense of community by considering health, safety, and systemic barriers in all decisions and planning processes Commented [JH1]: I would retain resident over residential, we are also worried about business owners and our commercial base. Commented [KK2]: It was suggested to add these Goal Statements Commented [JH3]: Significant number of unpredictable variables, make this difficult Commented [KK4]: A suggestion was made to remove thisGoalStatement Commented [KK5]: It was suggested to remove “and public” Commented [KK6]: A comment was made asking about the intentofthis portionofthe goalstatement Commented [KK7]: It was suggested to use this wording insteadofthe wording currently inGoal4 1. The LHS Project 1. Proactively drive actions within our control to meet planned timelines with MSBA and legislature. 2. Find opportunities to lower the cost and impact on resident taxes 3. Engage residents to explain and address tax implications 4. Identify and complete a plan for mitigating disruptions before construction begins 2. A Clean, Healthy, Resilient Lexington 1. Transition to renewable energy 2. Electrify our buildings and vehicles 3. Reduce waste generation, improve composting and recycling 3. Economic and Community Vibrancy 1. Evaluate and bring forward options for next steps for the center 2. Integrate the outreach and equity position into the fabric of the community 3. Analyze and propose strategies for top economic opportunities in all business districts 4. Fiscal Stability 1. Avoid operational overrides 2. Identify areas where commercial tax base can grow 3. Convene conversations on revenue diversification 4. Develop a five-year long-term financial plan 5. A Livable Community 1. Review implementation options of housing goals in the comprehensive plan and the HPB analysis 2. Meet with all stakeholders to evaluate Affordable housing options 3. Advance the bike/ped/access plan and TSG recommendations as a means of increasing multi-modal and public transportation 4. Review strategies that increase a sense of community across the life, ability, and economic span AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Establish 2026 Annual Town Meeting and Annual Election Dates PRESENTER: Kelly Axtell, Deputy Town Manager ITEM NUMBER: I.4 SUMMARY: Category: Decision-Making Important Dates: · November 17, 2025 Select Board calls for Annual Town Meeting to begin March 30, 2026 · November 17, 2025 Citizen petition paperwork can be picked up at Town Clerk’s Office, 1st floor of the Town office building, along with timeline due dates. Citizen’s guide and contact info: https://www.lexingtonma.gov/571/Creating-Citizen-Petitions · December 19, 2025 at 12:30pm- Citizens petitions are due. Please return to the Select Board office on the 2nd floor of the Town office building (10 signatures for ATM), along with DRAFT motion on separate document. · January 19, 2026- Draft warrant presented to Select Board at their meeting · January 26, 2026- Final motions/presentations due to Deputy Town Manager and Management Fellow. · January 26, 2026- SelectBoard signs final Annual Town Meeting Warrant · January 26, 2026- presentations to the Select Board for ATM articles begin. Presenters will be scheduled through the Deputy Town Manager and Management analyst. -Annual Town Election is Monday, March 2, 2026 SUGGESTED MOTION: Move to open the 2026 Annual Town Meeting Warrant for submission of Citizen Petitions through Friday December 19, 2025 at 12:30pm. Move to establish Monday, March 2, 2026 as the date for Annual Town Election. Move to Establish Monday, March 30, 2026 as the date for the opening session of the 2026 Annual Town Meeting FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 7:40pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review: Proposed 2026 Select Board Meeting Dates PRESENTER: Jill Hai, Select Board Chair ITEM NUMBER: I.5 SUMMARY: Category: Discussion Attached is the proposed 2026 Select Board meeting schedule for the Board’s review and feedback. The proposed calendar serves as a planning tool and placeholder for anticipated 2026 meeting dates and times. The Board is asked to discuss the schedule and provide any adjustments or confirmations as needed. SUGGESTED MOTION: FOLLOW-UP: Once finalized by Board consensus, Select Board Office will post the proposed 2026 meeting schedule to the Town’s official website and internal calendar systems. DATE AND APPROXIMATE TIME ON AGENDA: 11/17/2025 7:50pm ATTACHMENTS: Description Type Proposed 2026 Select Board Meeting Dates Backup Material Thursday, January 1, 2026New Year's Day S M T W T F S S M T W T F S S M T W T F S Monday, January 26, 2026ML King Day 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 Tuesday, February 17, 2026Lunar New Year 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 Monday, February 16, 2026Presidents Day 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 Monday, March 2, 2026Annual Town Election 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 Wednesday, March 4, 2026Holi 25 26 27 28 29 30 31 29 30 31 Monday, March 23, 2026Annual Town Meeting Begins Thursday, March 19, 2026Eid al-Fitr begins at 6:00pm Wednesday, April 1, 2026Passover begins sundown Friday, April 3, 2026Good Friday S M T W T F S S M T W T F S S M T W T F S Sunday, April 5, 2026Easter Sunday 1 2 3 4 1 2 1 2 3 4 5 6 Sunday, April 12, 2026Orthodox Easter 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 Monday, April 20, 2026Patriots' Day 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 Monday, May 25, 2026Memorial Day 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 Friday, June 19, 2026Junteenth 26 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 Saturday, July 4, 2026Independence Day 31 Monday, September 7, 2026Labor Day Friday, September 11, 2026Rosh Hashanah begins sundown Sept 12-13 Rosh Hashanah S M T W T F S S M T W T F S S M T W T F S Sunday, September 20, 2026Yom Kippur begins sundown 1 2 3 4 1 1 2 3 4 5 Monday, September 21, 2026Yom Kippur 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 Monday, October 12, 2026Indigenous Peoples' Day/Columbus Day 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 Tuesday, November 10, 2026Diwali - Lakshmi Puja observed 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 Wednesday, November 11, 2026Veterans Day 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 31 Friday, November 27, 2026Thanksgiving Day 30 31 Friday, December 25, 2026Christmas S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 Select Board Work Session or Joint Meeting Placeholder Budget Summits Select Board Meeting prior to Annual Town Meeting Session (ATM) White Book Summit - to SB/CEC/AC/SC Select Board Meeting prior to Fall Special Town Meeting Session (STM) Select Board Retreat Meeting Placeholder - Department Budget Presentations December January February March April May June October November Select Board Regular Meeting July August September 2026 Proposed Select Board Meeting Dates November 17, 2025