Warrant Article 30 — Sustainable Tree Initiative
At Town Meeting we will vote on a tree bylaw that was written by a group including members of the Planning Board, Select Board, Tree Advisory Group, as well as the Town Planner. This is a significant zoning change that calls for some thoughtful attention. Weston loves trees and wants to preserve them, so while the conversation about a tree bylaw has been brewing for a while, it is now ripe for a broader dialog.
Focus on Weston is not taking a position on this proposed bylaw, but we hope to summarize the issues, and encourage you to attend Town Meeting on Monday, May 9, where you can vote on it as a better-informed Weston resident.
What it is, and Why – The Town has received many complaints about trees cut down during the construction of new homes, including clear-cutting and substantial removal of trees. With that in mind, the goal of the bylaw is to encourage thoughtful siting of buildings and infrastructure to save trees. The town boards believe this will help preserve the tree canopy of the Town as well as its semi-rural character.
The proposed bylaw seeks to add a level of protection to the most public-facing trees within the setback (i.e., perimeter) areas on private property. It would not prevent clearing trees during construction, but rather establish significant incentives to retain trees by requiring either that removed trees be later replaced, or that the developer contribute financially to a new Weston tree bank to maintain public trees. It would apply when there is new construction on a vacant lot, total demolition of existing buildings, or more than a doubling of the size of existing buildings. A two-thirds vote at Town Meeting is required to approve this proposal.
The proposed bylaw is similar to long-standing regulations in Wellesley, Lexington and Concord, though these other towns have sewer systems, so homes there generally do not require septic and stormwater systems on the property. It does not prevent the removal of trees, but rather is intended to incentivize builders to retain the trees that are on the property.
Where it Applies – The proposed bylaw applies only if one of these circumstances occurs: 1) there is new construction on an empty lot, 2) a home was demolished within 24 months preceding new construction, or 3) if an addition or other structure is to be built that exceeds 100% of the existing building footprint.
The bylaw applies only to the setback of the lot, which is the area on the perimeter of the property that most directly impacts neighbors and the streetscape. Weston’s residential zoning defines this setback as the strip of land 30 to 60 feet from the street and 20 to 45 feet from the lot lines, depending on the zoning district (generally the lot size). The interior portion of the lot will be exempt, though the relative proportions will vary depending on the total size of the lot. When the bylaw is applicable and trees are removed, the owner must plant trees of the same aggregate diameter inches, or pay fees which will fund a Weston Town Tree Bank. Trees retained within lot interiors may be counted towards mitigation. The fees are based on the size of the tree that was razed, and for an entire lot could be significant. Tree bank funds will be dedicated to the planting or maintenance of Town trees, as well as paying the consultant arborist who will review applications. This revolving fund will be overseen by the Town Manager and approved each year at Town Meeting.
Where It Does Not Apply – There have been some misperceptions about this law. The law does not apply to most homeowners unless the home is demolished and a new one is built within 24 months, or if the footprint of the home is doubled. Also, the law does not apply to the interior area of the property, as it is limited to trees within the perimeter. Moreover, the bylaw does not limit the size of the home or other structures, such as a garage, pool, or sport court, since they generally cannot be built in the setback under existing law. In addition, the bylaw contains exemptions to allow removal of dead and hazardous trees, as well as sick trees that may become unsafe.
Potential Impact, and Tradeoffs – The law could add additional costs to the construction of new homes. In the most expensive new homes, the additional costs can be absorbed and are unlikely to be material to the buyer. The initiative could incentivize more thoughtful construction and reduce such costs, but in other cases might cause property owners to cut trees in advance of a sale or major renovation to avoid being subject to the bylaw. The proposed bylaw does impact the rights of property owners who plan to build new homes, but, as with many zoning laws, there is a tradeoff between the costs to the individual owner and the benefits to the community.
Criticisms – Critics of this Article 30 contend that as written, it will not achieve its stated objective and applies to a small subset of property owners, potentially with unintended consequences. One criticism has been that this bylaw is not about environmental sustainability and saving trees, but rather real estate development aesthetics, and applies very narrowly to only major new construction and expansions, and only to large trees in the setback area. It does not apply to the understory (smaller trees, shrubs, and other flora) of the zoning setback, which could further mitigate water run-off issues, nor does it apply to the interior of any lot, or to existing homes not being replaced or significantly expanded.
Because it applies only to major new construction projects, a significant amount of clear-cutting will continue unregulated, such as septic and stormwater projects for existing homes, which this bylaw will substantially regulate for the smaller number of major new development projects. Further, because of the high mitigation fees, the impact on Town tax revenues is uncertain. On one hand, it could discourage or delay development, which would reduce tax revenues to the Town from these projects, but on the other hand, it could encourage the building of larger homes where the added costs can be more easily passed on to new buyers, increasing new tax revenue.
In Summary – Focus on Weston is not taking a position on this Warrant article. However, it is a hotly debated proposal with strong feelings on both sides of the issue. We encourage you to attend the Annual Town Meeting on Monday, May 9 at 7 PM in the Weston High School Auditorium, to vote your preference on this proposed bylaw amendment, as well as on the Town budget and all Warrant articles.
