ZONING BYLAW AMENDMENT / PUBLIC SHADE TREES

To see if the Town will vote to amend Section 6.3.4 of the Zoning Bylaw, which requires developers to plant a street tree every 25' in front of the property, to add provisions to increase the likelihood of survival of trees by requiring Tree Warden approval of chosen trees, more specific maintenance requirements, regular reports to DPCD on the health of trees planted, and planting on the private property if there is no suitable place in the public way (except for exceptional circumstances); or take any action related thereto.

Inserted at the request of Susan Stamps and 10 registered voters

VOTE: Favorable Action (4-1, Mr. Lau dissented)

DISCUSSION
The Arlington Zoning Bylaw currently requires that developers plant one shade tree for every 25 feet of frontage along the public way, within planting strips or sidewalk tree wells. It also says that when no suitable location along the public way is available, the developer may be required to plant trees elsewhere on the property at the discretion of the Redevelopment Board or Zoning Board of Appeals. Article 43 proposes that Section 6.3.4 be amended to require that the Tree Warden approve the choice of trees for each project, and that the property owner water and maintain the trees for a 36-month period after installation. Any trees that did not survive would have to be replaced by the owner. Article 43 further proposes that planted trees are required to have a minimum 2” caliper, and that they be maintained according to certain standards, either the USDA Forest Service Tree Owner’s Manual or other standard the Board may designate. 

 
In discussion with the article’s proponent, it became clear that while the Board had some concerns about the proposed article, most Board members were generally supportive. However, one member of the Board felt that the Zoning Bylaw currently provides adequate regulations for the planting of public shade trees and that further requirements for planting and maintenance of street trees are onerous and may hinder development so he could not support the article.

 
Board members discussed the need for a mechanism for enforcement of the requirement that dead and declining trees be replaced by the property owner. In cases of non-compliance, the Board may seek to reopen the special permit granted to a developer and meet to discuss the issue, or enforcement could be taken by Inspectional Services. Board members also discussed the requirement that the Tree Warden individually approve every tree species to be planted and concluded that it was necessary to ensure that appropriate tree species are planted in appropriate areas. Members were concerned that the proposal would take away the flexibility in Section 6.3.4.E of the Zoning Bylaw, which gives the Board the authority to work with developers to determine the best option to locate trees on a particular property. The article’s proponent agreed to remove proposed changes to Section 6.3.4.E.

2/3 Vote Required

That the Zoning Bylaw be and hereby is amended as follows:

Amend SECTION 6.3, as follows:

 
6.3 PUBLIC SHADE TREES

 
6.3.1. Purpose
The purpose of this Section 6.3 is to:

 
A. Provide for adequate shade tree coverage along Arlington's main corridors; 
B. Implement carbon neutral policies of the Town of Arlington; 
C. Address heat island effects emanating from Arlington's main corridors streets and buildings; 
D. Enhance public health and walkability with proper shading. 
[…]

 
6.3.4. Standards

 
A. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips.

 
B. Trees shall be selected from the approved tree list set forth by the Tree Committee and approved by the Tree Warden. The Tree Warden shall approve the choice of trees for each project.

 
C. When planted, trees must be a minimum height of ten (10) feet or caliper of two (2) inches in caliper.

 
D. All new trees shall be maintained, including watering, by the Owner, in accordance with American Standard for Nursery Stock standards the USDA Forest Service Tree Owner’s Manual standards, or other standards the Redevelopment Board may designate, for a period of no less than 36 months from the date of planting., or other standards the Redevelopment Board may designate. Replacement trees of similar size approved by the Tree Warden are required to be planted by the Owner in the event of tree death or decline during the 36-month period. Properties in which there are preexisting public shade trees at the required spacing along the public way are exempt.
[…]

 
6.3.5. Computation
When computation of the number of required public shade trees results in a fractional number, any result of 0.5 or more shall be rounded up to the next consecutive whole number. Any fractional result of less than 0.5 may be rounded down to the previous consecutive whole number. The Arlington Redevelopment Board may allow the owner to make a financial contribution to the Arlington Tree Fund in an amount equivalent to the full and fair market value of the additional whole tree.