Published September 23, 2020
By DAN TOMASELLO
LYNNFIELD — A proposed new bylaw seeking to protect trees is headed to October Town Meeting.
The Planning Board recently voted to include the proposed Tree Protection Bylaw on the warrant for Town Meeting, which is scheduled to take place on Saturday, Oct. 17.
Planning and Conservation Director Emilie Cademartori noted on the town’s website that the proposed Tree Protection Bylaw seeks to address goals that were identified in the 2002 Master Plan, the 2010 Open Space and Recreation Plan and from community feedback that was included in a town-wide survey in 2017.
“The bylaw aims to protect trees within designated setbacks on residential and commercial properties and within proposed new subdivisions,” Cademartori stated.
Cademartori recalled that the Planning Board began researching similar bylaws in other communities two years ago. She applied for and was awarded a grant from the state’s Office of Environmental Affairs in order to begin the process for developing the Tree Protection Bylaw. Cademartori and the Planning Board worked with Metropolitan Area Planning Council (MAPC) Senior Land Use Planner Ella Wise as part of the process for developing the bylaw.
According to a draft of the proposed zoning change, “The intent of the Tree Protection Bylaw (Tree Bylaw) is to encourage the preservation and protection of trees.” In order to accomplish this objective, a lot’s specific areas where trees must be protected will be designated. The bylaw also requires the “mitigation for trees removed via replanting or collection of fees to support the town’s tree planting and maintenance efforts.”
“Trees are recognized for their abilities to mitigate heat island effects, provide shade cover, reduce energy consumption, improve air quality, reduce noise pollution, reduce topsoil erosion and stormwater runoff, provide wildlife habitat, sequester carbon, enhance the quality of life and the environment of the town, increase property values and enhance the overall appearance of the community,” the proposed bylaw states.
The proposed bylaw seeks to preserve and protect certain trees on private property. It would also require property owners and developers to replant trees in order to replace those trees that have been removed.
“No part of this bylaw shall discourage the removal of hazardous trees, an act which may be important to public health and safety,” the proposed bylaw states.
If Town Meeting approves the zoning change, the Planning Board will be tasked with overseeing the Tree Protection Bylaw.
“The Planning Board may promulgate rules and regulations to effectuate the purposes of this Tree Bylaw,” the proposed zoning change states. “Failure by the Planning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Tree Bylaw. Such rules may prescribe the size, form, contents, style and number of copies of plans and specifications, the procedure for the submission and approval of such plans and the procedure for determining final compliance with these regulations. The adoption or amendment of rules and regulations shall be after a public hearing to receive comments on the proposed or amended rules and regulations.”
If an individual violates the bylaw, they will be able to file an appeal with the Planning Board. Appeals must be submitted in writing and must be received by the Planning Board “within 10 business days of issuance of the authorized enforcement agent’s decision.”
“The Planning Board shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant,” the proposed Tree Protection Bylaw states. “Public notice shall include all persons owning land within 300 feet of any part of applicant’s land at least 14 days before said hearing. The Planning Board shall rule within 20 days of the public hearing. No protected trees shall be removed while an appeal is pending. Appeals of final decisions of the Planning Board shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious.”
Planning Board member Ed Champy said during a recent meeting that the Tree Protection Bylaw is a way of preserving existing trees. He also said the bylaw seeks to have developers pay for new trees in order to replace the ones that have been cut down.
Planning Board Chairman Brian Charville recalled that a number of residents were upset after developers of the new nine-lot Tuttle Lane subdivision clear-cut a number of trees for the new development that will be off Summer Street.
“That is something we don’t want to happen again,” said Charville.
Cademartori agreed.
“I know we struggled in that review to preserve trees, which subdivision control doesn’t really give the board,” said Cademartori.
After the discussion, the Planning Board unanimously voted to submit the proposed Tree Protection Bylaw for the October Town Meeting warrant. The Planning Board will be holding a public hearing on the proposed zoning change will take place on Wednesday, Oct. 14.
