Establish a Tree Preservation By-law

Speicial Town Meeting, November 2017

In response to broad citizen concern over the loss of large heirloom trees and other significant tree cover on properties that are clear-cut prior to development, a proposed Tree Protection By-law was submitted to Town Meeting as Article 11 in the Warrant for the May 24, 2016 Annual Town Meeting. Town Meeting voted to refer the Article to a Selectmen's Committee to "evaluate the best way to provide tree protection in the Town" and report back to the 2017 Annual Town Meeting. The Committee provided an update, but after having several meetings which included reviewing the practices of various Massachusetts communities that have adopted Tree Preservation measures, the Committee has not made a recommendation. This Article is based on a recent comprehensive study of tree preservation measures that was conducted by the Town of Concord and is filed now to avoid the further destruction of significant trees in Brookline. It requires residential property owners to protect trees within a defined setback area of a lot during significant demolition and/or construction activity. If trees are removed from the setback area, the bylaw requires property owners to either plant replacement trees or pay fees to a Town Tree Fund for planting elsewhere in town. It is intended to encourage the preservation and maintenance of trees, similar to ordinances and by-laws adopted by several other communities.