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Programs and Services – 10/4/2023 Report

The Programs and Services Committee held the following items {See Report and watch NewTV video):

  • Request for Amendment to Chapter 21, Art III Trees to extend tree protection and update permits (Councilor version)
  • Request for Review and Amendments to Chapter 21, Art. III, Division 3 (Administration, Tree Warden version)

According to the report, both versions were discussed simultaneously. The meeting was focused on resolving any unresolved remaining questions in order for the Law Department to prepare a final draft to be presented at an upcoming meeting.

The Committee discussed the following issues:

  • Fee Schedule: based on 30-year environmental value of the tree and the replacement cost.
  • Defined Protected Tree as any tree 6 inches or larger
  • Applicability, permit or certificate of exemption required:
    • exemption remains for no construction within 24 months on single and two-family lots
    • require nexus of the tree removed and the exterior work permit for tree planting/mitigation payments to be required
    • creation of a waiver program for low-income individuals
    • clarified that a new owner is subject to mitigation requirements if they purchase a property and do construction on the property within 24 months of the previous owner obtaining a tree permit
    • Minimum size of a tree that is not exempt currently is a Landmark Tree (40”). Amendment made to add the words “or great” after Landmark was approved.
  • Permit Application: Abutter Notification
    • Applicant responsible to notify abutters – not City
    • Parcel directly across the right of way considered as a direct abutter
  • Appeals:
    • Applicant needs to be aggrieved for an appeal of the tree warden’s decision
  • Tree Replacement: Newton Cemetery exemption remains
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