[MassHistPres] "Demo delay" for trees?

[Sally Zimmerman]

Lexington has a bylaw protecting trees over a certain caliper from removal in the setbacks, and is considering strengthening that bylaw to protect large shade trees. http://www.lexingtonma.gov/tree-committee/news/proposed-amendments-tree-bylaw
Sally Zimmerman
Historic New England

From: Dennis De Witt [mailto:djd184 at verizon.net]
Sent: Monday, March 07, 2016 12:20 PM
To: Roughan, Michael <Michael.Roughan at hdrinc.com>
Cc: James Kossuth <jkossuth at gmail.com>; MHC MHC listserve <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] "Demo delay" for trees?

Newton has such an ordinance.  It is also possible under Brookline's Neighborhood District By-law- at least with respect to one NCD but has yet to be presented as an issue before the commission.

Dennis De Witt
Brookline


On Mar 7, 2016, at 11:36 AM, Roughan, Michael <Michael.Roughan at hdrinc.com<mailto:Michael.Roughan at hdrinc.com>> wrote:


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> [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<mailto: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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