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This article was published 4 year(s) ago

Letter: Lynnfield needs tree bylaw

our-opinion

May 28, 2021 by our-opinion

To the editor:

I am a resident of Lynnfield and currently have the privilege of serving as the chair of the Lynnfield Conservation Commission. I write as a resident in response to “Tree Bylaw Chopped in Lynnfield” (Item, May 20). 

The editorial stated: “It’s worth asking what, if any, protections  — beyond those already available to the Conservation Commission — the town needs to place on local trees.”  The short answer is that almost no protections exist for trees in Lynnfield and, if residents believe that trees are worthy of protection, they should come together to agree on a bylaw that provides for the specific protections they believe are necessary.

In most instances, the power of a conservation commission to protect trees comes entirely from the Massachusetts Wetlands Protection Act and it is very limited.  

Under the act, a conservation commission can usually only review the removal of trees that are located within 200 feet of a river or 100 feet of other wetlands.  

Even when a tree is within conservation commission jurisdiction, a conservation commission often does not have the power under the act to save it if a resident or developer would like it removed.  

Residents should understand this when they look to the Commission to prevent the cutting of trees — its power is limited. The tree warden, who is our public works director, also has only limited power under state law to protect “public shade trees,” which are usually only those that line a public way. 

If residents want to preserve trees in town, or at least have the chance to speak up and review a tree-cutting proposal at a public hearing, it is up to them to support a bylaw that would go beyond the Act and the Shade Tree Law and grant a town board the power to protect trees.   

Importantly, a bylaw could be as narrow or as broad as the residents would like. A bylaw could be written to not affect current homeowners at all. For example, the “cluster development” bylaw, which was indefinitely postponed by vote at the fall 2020 town meeting, would have given developers incentives to save large groups of trees, but would not have impacted current homeowners. A more proactive bylaw might apply to newly-created, single-family lots, but not existing lots.

If our residents would like to see even more protection, the bylaw might provide a review process when a resident wants to cut certain trees near the property line they share with a neighbor (like the tree bylaw proposed in fall 2020).  

Whatever residents settle on, protecting even limited trees through a bylaw that reflects the true will of residents certainly seems better than the absence of protection we have now.  

If you are a resident who would like to see trees saved, it is crucial that you give the Planning Board the power to do so. And, in the meantime, visit lynnfieldtreecommittee.org and join our amazing Tree Committee in their effort to get 1,000 trees planted in town.

Don Gentile
Lynnfield

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