At the Town Meeting: Article 34, the Tree Protection and Preservation Bylaw

Dear Town Meeting Members,

We urge you to approve Article 34, the Tree Protection and Preservation Bylaw (see below). Further, we ask that if you are in favor of this proposed bylaw, you take actions to increase the likelihood that it will pass (e.g., speak at Town Meeting, send this letter to or call other Town Meeting Members). A group of citizens has been working closely with the Planning Board to draft this bylaw and we strongly believe this will be in the best interests of the Town of Wellesley. Close to fifty residents have signed this letter asking for your support.

Because the proposed bylaw’s goal is to reduce the destruction of large trees associated with major construction projects only, it will not affect the vast majority of homeowners. Given that much of the loss of character of neighborhoods in our town has been conducted by developers building “spec” houses, the bylaw targets this root cause. It would give builders incentives to preserve the large trees along the perimeter of properties being redeveloped which should help protect the character of our neighborhoods. Furthermore, we developed this bylaw learning from the experiences of other Towns and Cities in Massachusetts yet adapting them to Wellesley. Given the need to keep our budgets and staff lean, we developed a process that will piggyback on existing permitting processes.

ARTICLE 34. To see if the Town will vote to amend the Zoning Bylaw to create a Tree Protection and Preservation Bylaw which establishes regulations regarding the preservation and replacement of trees over a specific caliper located on private property within the setbacks, and to establish a Tree Bank to be administered by the Department of Public Works – Park and Tree Division; or take any other action relative thereto.

Goal is to Increase Number of Trees Saved or Replanted during Major Construction
We have all seen the type of development that is now the norm in our Town. When homes are purchased by a builder, most or all of the existing trees are cut down to clear the lot for construction activity and equipment. In contrast, when homeowners redevelop a property, they usually preserve the large trees whenever possible. If we fast forward twenty years, the redevelopment of many properties will result in the loss of a significant number of the large, mature trees. On average, 100 properties per year apply for new construction or large scale addition permits. If one extrapolates current activity, a significant number of properties will have undergone major construction and tree removal. Further, these large trees cannot be replaced in our lifetimes. Arborists tell us that trees of 10 inches diameter are 25-50 years old and 45 inch trees are 100 years old. The longer we wait to act, the more Wellesley will lose its character and value.

Few will argue about the multitude of benefits that large trees bring to a community. Beyond physical beauty, there is agreement that the benefits include reduced energy costs, higher property value, enhanced sound and sight privacy, and increased water and carbon dioxide absorption. Sometimes a picture tells the story best. We have shared aerial photos with Town Committee - from Google Earth – to demonstrate how builders’ clear cutting has been dramatically reducing the tree canopy and character of our neighborhoods. The redeveloped properties stand out like a sore thumb. Please “fly” over Wellesley on Google Earth website. You can zoom in on different neighborhoods and look back in time to get a sense of the rate of change in any given street or neighborhood. The Planning Board said that the Google Earth images we shared galvanized them to take action.

Protect Homeowner Rights to Manage their Trees
We believe that homeowners should have the right to manage the trees on their properties. If any of us want to cut down trees on our land, this proposed bylaw makes no change. However, builders or homeowners undertaking major construction projects (demolition, new construction or 50% increase in footprint) will need to submit a tree inventory and mitigation plan along with their permit applications. For large trees, (10 inches in diameter or more) in setback areas, builders will continue to have the choice of either protecting the trees during construction or removing trees. This proposed bylaw only protects large trees located within the front, side and rear setbacks where impact on neighboring properties is highest -- it does not affect any trees, regardless of size, within the buildable area of a lot. If large trees in the setback areas are removed, the builder has the option to replace or make a payment to a new Town fund, a “Tree Bank”.

Develop Lean Process
In this constrained fiscal environment, the Town Planning staff worked to design a process that will not require new personnel. Furthermore, three sources of funds will likely accrue to the Town including application fees, payments to the Tree Bank, and possibly State funds down-the-road for environmental initiatives. For example, the City of Newton has collected $860,000 in its Tree Ordinance Fund which they have used to maintain and plant trees on public land.

Build on Lessons Learned from Towns with Tree Bylaws
We interviewed experts in other Towns and in Massachusetts Department of Urban Forestry to learn about Tree Bylaws elsewhere and to bring that to the Planning Board discussions. From this, we feel confident that this proposal for the Town of Wellesley is designed to get the most gain for our Town with the least costs or risks. We also consulted with Eric Seaborn (Wellesley resident and son of Neal Seaborn, Chair of Wellesley Natural Resources Commission) in the State Department of Urban Forestry to review bylaw drafts and offer recommendations.

Bylaw Supported by Town Committees
The Planning Board developed this bylaw as their priority initiative for the year and supports it unanimously. The Board of Selectmen and Natural Resources Commission support it. The Advisory Committee recommended it but it was a close vote. Furthermore, there was no opposition at any of the public hearings. In contrast, the other recent zoning bylaw proposals which were approved including large house review, building height review and retaining wall requirements, did have opposition present at public hearings.

Town Residents Desire Preservation of the Character of our Neighborhoods
In the last Townwide survey in 2004, respondents stated that after education, the two most important reasons Wellesley is a good place to live are its “neighborhood character” and its “parks and green spaces”. Similarly, when asked what the Town needs to do to preserve its attractiveness, respondents state that “preserving the character of our neighborhoods” and “enact restrictions on single family homes” are the top two issues.

At the upcoming Town Meeting, we hope you will play an active role in seeing that the Tree Protection and Preservation Bylaw passes.