Saugus meeting to consider heritage tree bylaw

SAUGUS – A neighborhood dispute may spawn a new bylaw that in the end could benefit everyone, especially some of the community’s oldest residents – trees.The Tree Committee is sponsoring a warrant article, “Heritage Tree Easement for Private Property” aimed at protecting what Chairman Timothy Hawkes called very special trees. The bylaw, if approved, would provide an easement for particular trees located on private property, similar to the easements granted to shade trees on public property.The article was inspired in part by a dispute between Rich and Kathy Baker who have a 140-year old oak tree in their yard and their neighbors, Nancy and Bill MacKenzie, who would like to trim the tree. The tree, according to Hawkes, is about 44-inches in diameter, has several large limbs that spread out over the MacKenzie’s yard. The MacKenzies would like to trim the branches, but the Bakers are worried that too much trimming might kill the tree.Rich Baker brought the issue before the Board of Selectmen in February, along with his concerns. Both sides have hired arborists, whose opinions matched their given parties. The board at the time agreed to accept an easement plan, but others believe it’s a civil matter.Selectman Michael Kelleher said he hoped the pair could work out their differences but he isn’t sure that is going to happen.At the moment the law is on the MacKenzie family’s side – they can legally trim the branches that overhang their yard, but that could change after Town Meeting. Baker is hoping nothing is done until Town Meeting opens May 4, but there is no telling yet when the article would be taken up.Even if Town Meeting approves the bylaw, Hawkes is quick to explain that it does not give the Bakers’ tree instant security. Baker still must go before the Board of Selectmen to gain heritage tree status.”All this article would do is allow for this to occur,” he said. “And it’s only if the homeowner and the town come to an agreement.”Hawkes said there are only a handful of trees in town that would be worthy of Heritage Tree status. To gain that standing, a tree must be at least 100 years old, be a rare species or have historical significance such as it was planted in someone’s honor or in memory of an event.”If a tree was planted for 9-11 . . . that would qualify,” Hawkes said.Hawkes said he hopes things work out for the neighbors, but said this bylaw isn’t solely to address the Baker/MacKenzie dispute. He said essentially the Tree Committee by sponsoring the article is simply doing its job.”It’s not specifically for one individual,” he said. “We’re doing something for the overall community and for the health of the public forest.”