Item Coversheet


Town of Arlington, Massachusetts


Article 10
Warrant Article Title:

BYLAW AMENDMENT/ TREE PRESERVATION AND PROTECTION

Warrant Article Text:
To see if the Town will vote to amend the Town Bylaws, Title V Regulations Upon the Use of Private Property, Article 16: Tree Protection and Preservation, Section 2, Definitions, to change the definitions of: “Demolition” to be more specific about activities that can damage protected trees, “Protected Tree” to increase the number of trees protected, and “Tree Plan” to require certification by a landscape professional; and further, to amend Section 4, par. B, to add the requirement of an affidavit that no Tree Plan is required, if applicable;  or take any action related thereto.
Requested by:
(Inserted at the request of the Tree Committee)
Report Excerpt:

The Select Board unanimously endorses the suite of Tree Protection Bylaw updates recommended by the Tree Committee. In brief, the updates and alterations to the current Tree Protection Bylaw will optimize the Town’s efforts to identify, and where possible, discourage unnecessary tree removal and/or damage to trees during construction activities. The proposed changes will:

 

 Expand the definition of “protected trees” under the bylaw to include trees smaller in diameter;

 

· Expand the definitions of “demolition” to encompass a wider range of construction activities; and

 

· Clarify and strengthen tree plan requirements by requiring plan certification by arborists or landscape architects; and requiring owner’s affidavits where applicants represent no tree plan is needed.

Vote Language:

VOTED: That Title V, Article 16, Sections 2 and 4 be and hereby are amended as follows:

ARTICLE 16

TREE PROTECTION AND PRESERVATION

 

A.  The following definitions shall apply to this By-law:

"Demolition" - Any act of, or commencing the work of, destroying, pulling down, removing or razing a building or commencing the work of total or substantial destruction of a building; or removing the roof structure, or removing two exterior walls, of a building.

 

“Protected Tree” - Any existing healthy tree on private land with a DBH of eight (8) six (6) inches or greater located in the setback area, which does not pose an immediate hazard to persons or property or is not under imminent threat of disease or insect infestation.

 

“Tree Plan” - A site plan drawn and stamped by a certified land surveyor or engineer, and stamped by a certified arborist or landscape architect, showing all Protected Trees in the setback areas as defined herein and public shade trees near the property, and indicating, on the site plan or in a separate document, which Protected Trees will be retained, which will be removed, and, how critical root zones of each Protected Tree and public shade tree will be protected from damage during site work.

 

B.   In all instances of construction or demolition as defined and applicable herein, the owner of the property shall submit a Tree Plan accompanied by a fee of $50, to the Tree Warden prior to or concurrent with an application for a building or demolition permit. Additionally, if any Protected Trees were removed during the 12 months preceding the application for a building or demolition permit, such trees shall be accounted for on the Tree Plan to the best of the owner's ability and shall be mitigated pursuant to paragraph 4.C. If no Tree Plan is required, the owner shall sign an affidavit on the Building Permit Application that no Tree Plan needs to be filed per the Tree Bylaw.

 

(5 – 0)

 

Additional Materials:

Select Board Report

Presentation