Town Meeting bylaw effort underway months early
Are developers in Arlington cutting down trees on private property at a rate requiring town-bylaw protection?
Members of the town Tree Committee who addressed selectmen Monday, Aug. 17, think so, and they provided some before-and-after photos to support their plea.
“The town has no ability to prevent cutting of tree on private property,” Susan Stamps told the board, saying builders are clear-cutting trees at an increasing rate. “
“This is not what the people of Arlington want.”
She provided lengthy documentation that included bylaws in Cambridge, Newton, Lexington and Wellesley. She said she favors the latter’s town’s law.
Board members praised the depth of the documents and raised a number of issues.
Selectman Diane Mahon asked whether such a bylaw could apply to a 40B or larger project. Heim saw problems with it and would have ton research it.
Selectman Joseph Curro asked about enforcement and why Stamps likes the Wellesley law and not Lexington’s. She said the latter town has larger lots than does Arlington, regulates setbacks and has a tree manual, which would be a large step to take.
She and others who spoke are seeking action sooner rather than later.
Selectman Steve Byrne asked whether the committee had talked to town developers yet. She said they had not. “They need to be part of conversation,” he said.
Stamps also said the appeals process would have to be addressed.
Dunn would avoid division
Selectman Dan Dunn said he could support a tree bylaw if the steps proceed without creating division. He cited the example of the leaf-blower controversy, which roiled the town in 2012 and included a special election that summer and a Special Town Meeting that fall.
Stamps said the committee sought selectmen’s support, but Dunn said, “I’m not sure you want this to be a board motion …. It would be better if the effort is grass roots.”
In an effort to address those in town who may not want further regulation, Ed Trembley spoke. A member of the Tree Committee and Town’s Meeting’s Precinct 19, he has expressed opinions in the past reflecting no love for new laws.
In this case, he said, “I don’t mind too much. We like trees.”
Sally Naish of Old Colony Road, said 13 trees at 27 Oldham (shown above) had been removed from a corner lot to build two large homes. At 65 Lakeview St., 40 stumps were counted.
DeAnne Dupont of 32 Oldham, a Precinct 13 Town Meeting member, showed photos illustrating removed trees.
Larry English of Lansdowne Road said that in the 20 years since moving to Morningside, he has seen many mature trees cut. “We now have no protection” under town bylaws, he said.
On a motion from Chairman Kevin Greeley, the board voted, 5-0, to have Town Counsel Douglas Heim work with the committee to bring back a more concrete proposal for selectmen. The matter could become an article for Town Meeting, either next spring or as soon as a possible special session this fall.
Aug. 17 memo to selectmen from Susan Stamps, Arlington Tree committee
Re: Tree Committee appearance at 8/17/15 Board of Selectmen meeting to discuss the urgent need for a bylaw regulating removal of trees on private property
It has come to the Tree committee’s attention that residents throughout the town of Arlington are concerned about removal of trees on private property in their
neighborhoods. Increasing unchecked elimination of trees during development has dramatically changed neighborhoods to their detriment and left residents wondering how the town could allow this to happen.
Other towns, nearby and across the country, have restrictions and oversight of tree removals on private property during development, but Arlington has none. [Removal of trees on public property (owned by the town) is governed by the Public Shade Tree law, MGL c. 87]
The Tree Committee feels regulation is urgently needed as soon as possible and asks that the Board of Selectmen work with the Tree Committee to prepare a bylaw to be presented to the 2015 fall special Town Meeting (if there is one) or 2016 annual Town Meeting. If there are interim rules that the Town can adopt, we urge that the Board do that, too.
We have done some research as to area towns and find that Lexington, Cambridge, Brookline, Newton, Wellesley and other towns regulate the removal of trees on private
property. These towns’ regulations do not apply to a homeowner’s removal of a tree or two, but, rather to major construction projects, such as a new house or a large addition, and only to trees of a certain size within a defined setback. I attach the tree bylaws of several towns with this memorandum as examples of what we feel is critically needed in Arlington.
The newly adopted Arlington Master Plan recognizes the importance of trees to the quality of life in Arlington and thus the need to protect them -whether on public or private property.
Arlington Master Plan, page iii, Town Goals, Article 4 “The Environment” : “? Recognizing the fragility of our natural resources, we must ensure that Arlington’s
residential areas, commercial centers, and infrastructure are developed in harmony with environmental concerns?…”
Arlington Master Plan, page 29, Section 3, Land Use -sidebar Master Plan goals for land use: “Encourage development that enhances the quality of Arlington’s natural resources and built environment.”
Arlington Master Plan, page 131, Section 8, Natural Resources and Open Space sidebar Master Plan goals for natural resources & open space: “Ensure that Arlington’s neighborhoods, commercial areas, and infrastructure are developed in harmony with natural resource concerns.” [emphasis added] and “Value, protect, and enhance the physical beauty and natural resources of Arlington.”
Arlington Master Plan, page 188, Implementation Program: Summary, #42: “Study methods of regulating the removal of mature trees on private property; research and consider methods used in other communities.
Arlington Master Plan, page 188, Implementation Program: Summary, #43: “Consider establishing Neighborhood Conservation Districts with design review standards for
architecture, mature trees and landscaping, open space, walkways, and other features.”
In closing, the Tree Committee appreciates that the Master Plan supports regulating removal of trees on private property, but the urgency of the need for regulation is not highlighted (it states a “mid-term” goal, and is about “studying” and “considering” regulations). On the contrary, the Tree committee, echoing the concerns of residents, feels the need for regulation is immediate and urgent and should be a top priority for the town. We hope the Board of Selectmen will agree and work with us to protect our beautiful, leafy Arlington neighborhoods by having an appropriate tree bylaw passed at the fall 2015 special Town Meeting or, at the latest, the 2016 annual town meeting.
Why should the Town protect Arlington’s trees?
Mature trees are key to the livability of the Town of Arlington. They:
Have aesthetic appeal
Contribute to the distinct character of 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
Provide natural privacy to neighbors.
This report was published Tuesday, Aug. 18, 2015.
