[MassHistPres] "Demo delay" for trees?

[Roughan, Michael]

James,

I’m sure you are familiar with the Scenic Road Designation Ma. Law Chapter 40 Section 15C which is the only regulation that I am aware of that specifically designates trees as covered in the scope. Both Historic District and Historical Commission state bylaws exclude natural vegetation from their scope; however there is nothing to say individual towns / cities can’t adopt their own jurisdiction.

If this is something you are considering, you may need to designate the specifications for a specimen “shade tree” which might get very challenging to define size, species and location. From a property ownership perspective, unless the shade tree provided benefit to a publically accessible property or right of way, any restrictive legislation may infringe on that person’s property rights.

….Mike

Michael Roughan, AIA, EDAC, LEED AP

D +1.617.357.7725 M +1.617.784.6463


From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of James Kossuth
Sent: Monday, March 07, 2016 9:32 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] "Demo delay" for trees?

This may be beyond the scope of this list, but I wanted to give it a shot -- does anyone know of a town that has an ordinance prohibiting the removal of healthy, old, trees on private property without review and approval by appropriate city officials?
E.g., a person buys a lot with a healthy, mature, shade tree, and wants to cut it down to put in a new house.  If we replaced "healthy, mature, shade tree" with "pre-1900 building", that request would come before the Historical Commission.  Does anyone know if any town has a similar review process for trees?  (Perhaps by referring such matters to the Conservation Commission or Tree Warden?)
Thanks,
James Kossuth
Medford
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