City Manager Letter

regarding current tree related ordinances, state stututes and informal policies, DPW Commissioner Lisa Peterson reports the following:

In addition to a review of tree related ordinances, state statutes and informal policies, the Council Order requests a report of the number and prevalent patterns of tree hearings, removals and keepings; reasons trees have been kept or removed, with a clarification of consideration in the decision making process; and a summary of standards, guidelines and considerations the City Arborist adheres to in the decision making process. Below, please find a report on these items, including a detailed review of 2 years of data.

Ordinance, State Statutes, and Informal Policies

Chapter 8.66 of the Cambridge Municipal Code, Tree Protection

The City's Tree Protection Ordinance (Chapter 8.66 of the Cambridge Municipal Code) stipulates that projects requiring a special permit under sections 4.26.1-4.26.3, 19.20, 11.12.1, 11.12.2 or 11.12.3 of the Zoning Ordinance comply with provisions of the Tree Protection Ordinance.  This Ordinance applies widely throughout the city.  In retail, office, industrial and institutional areas, any project of 25,000 square feet or more is required to implement a "Tree Protection Plan" approved by the City Arborist.  That approved "Plan" is a condition of the issuance of any building permit authorizing the new construction.  The affected areas are those same retail, office, industrial and high density residential zoning districts where the site plan and project review requirements of Sections 19.20 and 19.50  of the Zoning Ordinance are imposed. Where a special permit is required under these sections, the Planning Board is authorized to impose conditions based upon the Tree Protection Plan and the recommendations of the Arborist, but only after a public hearing at which interested persons could express their views on any such conditions.  Two limited commercial areas, at the Kendall Square Urban Renewal area's Cambridge Center and University Park near Central Square, are not subject to the Tree Protection Plan requirements as these areas are also not subject to the site plan and project review procedures.

In the residential neighborhoods of the city, the same Tree Protection Plan would be required where multifamily or townhouse developments needing a special permit from the Planning Board are proposed.  In the Residence B and Residence C zoning districts that special permit is required for any proposed project of six or more new housing units.  The Residence B district is found principally in North and West Cambridge; the Residence C district is found in Cambridgeport.  In the Residence C -1 zoning districts found in Mid-Cambridge, Riverside, and East Cambridge, a special permit is required where twelve or more new housing units are proposed on a lot.  The special permit requirements do not apply to the Affordable Housing Trust or other qualified projects for the construction of low and moderate income affordable housing.

Massachusetts General Law (MGL) Chapter 87: Shade Trees

Under MGL Chapter 87: Shade Trees, the care and control of all trees in the public way (except those within a state highway or park) fall under the Tree Warden. In Cambridge, the Tree Warden is the City Arborist and is appointed by the City Manager.  MGL Chapter 87 specifies that trees within the Tree Warden's jurisdiction cannot be removed without a hearing, with some exceptions.    The requirements for the hearing and notice are as follows:

Notice must identify size, type, and location of tree

Must be posted in 2 or more public places in town, upon the tree at least 7 days before the hearing, and published in the newspaper of general circulation for 2 successive weeks (with first publication not less than 7 days before the hearing).

No removal can be made if any objection is made at the hearing or before the hearing in writing without approval from the City Manager.

Trees less than 1.5 inches in diameter one foot from the ground and bushes are exempted from the hearing requirement.

Also, if the City Manager deems that a tree or bush obstructs, endangers, hinders or incommodes travelers on a public way, he may order the Tree Warden to remove the tree or bush without a hearing.

Chapter 87 also provides that "Nothing contained in this chapter shall prevent the trimming, cutting, or removal of any tree which endangers persons travelling on a highway" or removal for the purpose of widening the highway or suppression of pests.  This language has been construed in case-law to place primary importance on public safety when it comes to trimming, cutting or removal of trees and bushes presenting a risk to public safety, without the need for a public hearing.

In Cambridge, hearing notices are posted on tree themselves, at the Clerk's Office, on the City and DPW website, and in the

.  All hearings are held at DPW, 147 Hampshire Street.  The City Arborist typically puts together a PowerPoint presentation of the trees on the agenda for possible removal.  During the hearing, he will outline his professional opinion as to whether or not the tree should be removed.  Trees can also be put on the schedule if a resident or project manager requests, even if the Arborist disagrees with the removal, in order to give the requestor a fair hearing.

Given that attendance at hearings is usually fairly small, comments are taken informally as each tree is discussed, and objections are noted.  After the hearing, the City Arborist will forward a memo with his recommendations for each case to the City Manager if an objection to a removal is received.  The City Manager makes the final decision for all removals for which written objections have been received prior to or at the hearing.

a.         How are trees identified for removal?

The City Arborist typically gets called to look at trees either by resident request or because of reports by City staff.  Sometimes a request for pruning turns into a removal based on inspection.  There are also trees removed because of storm events.

b.         When are trees placed on the hearing schedule?

Trees under consideration for removal are placed on the hearing schedule unless they are determined to be an imminent hazard by the criteria listed below.  All decisions to place a tree on the hearing schedule, or to remove a tree without a hearing because it is a hazard, are made by the City Arborist, although the City Manager has some authority in this regard as mentioned above.

The City Arborist makes the decision to remove hazardous trees or to put less imminently hazardous trees onto the hearing schedule based on the US Forest Service Hazard Risk Assessment criteria.  These criteria include potential targets should the tree fall, the size of a defect, and the severity of a defect.  Trees that present a great risk to people or property should they fall, and that present large, structurally significant damage to the trunk or major roots are candidates for removal, as are trees with more than 60% dead wood.  The exact cut off for removal will depend on the species of the tree (as each species responds differently to damage).  Depending on the species of the tree and resident feedback, the Arborist may decide to delay a tree removal by a year or so when possible, but public safety is always the top priority.

Other resources the Arborist uses to determine whether a tree should be removed include (but are not limited to) the Evaluation of Hazard Trees in Urban Areas (Matheny, Clark), Evaluating Tree Defects (Hayes), Arboriculture & Urban Forestry Journal (Formerly the Journal of Arboriculture), Cooperative Extension resources, academic articles, and Forest Service publications.  The primary mode of investigation is visual inspection and documenting condition with photographs, however the Arborist will also use a rubber mallet for sounding (listening for voids/ rot) and for the past year and a half has had a resistograph that can be used to check shell thickness and if needed track changes over time.

Approximately one or two times each month, the City Arborist will consult with other local tree wardens about cases on an informal basis, or will contact experts in the field at the UMass Stockbridge School in Amherst.  On a few occasions in difficult cases, DPW has retained the services of outside arborists for formal consultation.

Some trees are brought to the Arborist's attention through complaints about sidewalk defects, sewer line intrusion and foundation damage.  Very rarely does a healthy tree get removed for the above mentioned situations.  However, if the tree is in poor condition or presents a potential risk to public safety, the tree may go through a tree hearing process. If the tree presents a high risk to public safety, the Arborist may remove the tree without a tree hearing.

With regard to trees within a proposed infrastructure project, the Arborist meets with all representatives from the project to make sure every effort is being made to preserve trees.  Some infrastructure projects may or do require tree removal, and these trees are typically put through a tree hearing process.

Other Policies regarding tree protection and removal

Tree Specifications During Construction

Each significant City construction project in the public right of way includes detailed specifications for tree protection and consequences for damage to trees during construction. The specifications are included in Attachment A.

While these full requirements do not apply to privately funded construction that impacts street trees, fines for damage to street trees can still be applied.  Chapter 87, Section 12 states that a fine of up to five hundred dollars, ($500.00) per incident of damage to public shade trees can be levied.  Each branch broken or improperly pruned, each improper wounding of the trunks of the trees, and each root improperly pruned shall constitute an infraction. Section 12 further provides that anyone who negligently or willfully damages a tree will be liable to the City for all damages.

Background and overview of City operation

The quality of the City's forestry efforts have been recognized by the National Arbor Day Foundation, which recently awarded Cambridge the Tree City USA award for the 17

consecutive year, as well as the Foundation's more prestigious Growth Award for two consecutive years. The Growth Award is provided by The Arbor Day Foundation, in cooperation with the National Association of State Foresters and the USDA Forest Service, to recognize environmental improvement and encourage higher levels of tree care throughout America. This award is designed not only to recognize achievement, but also to communicate new ideas and help the leaders of all Tree City USAs plan for improving community tree care in the areas of: education and public relations; partnerships; planning and management; and tree planting and maintenance.

The City Arborist works out of the Parks and Forestry Division at DPW.  In addition to his responsibilities related to removals, the City Arborist works with in-house crews and private maintenance contractors on the tree planting program, cyclical pruning program, data management, responding to residents' service requests, and responding to tree-related emergencies.

DPW has 8 full-time staff members -  including the City Arborist, supervisors, tree climbers and forestry workers - who work for the Urban Forestry Division.  Several of these employees have decades of experience working in this field.

The current City Arborist, David Lefcourt, has held his position for approximately two and half years. In addition to his Arborist Certification from the International Society of Arboriculture (ISA), David holds the more rigorous ISA Municipal Specialist certification.  David is also certified as an arborist by the Massachusetts Arborist Association, is certified as a landscape professional by the Massachusetts Association of Landscape Professionals, is a trained member of the US Forest Service Strike Team (which surveys damage and evaluates risk associated with storm damaged trees), and has participated in tree risk assessment training through the Massachusetts Tree Wardens.  He currently serves on the Executive Board of the Massachusetts Tree Wardens as the representative for Middlesex County, and is a member of the Massachusetts Certified Arborist Exam Committee for the Massachusetts Arborist Association.

Additional DPW staff members who are also ISA certified Arborists include:  Superintendent of Parks and Forestry Kelly Writer, Urban Forestry Supervisor Richard Woods, Landscape Administrator Ellen Coppinger, and Tree Climber Joseph DiBlasi.

Ensuring Trees Live a Long, Healthy Life

One of the most important ways that tree removals can be avoided is to make sure that they are properly planted, receive sufficient water early in life, are protected from potential damage, and are pruned on a regular basis.  Over the past couple of years, the City Arborist has worked with other DPW staff to make improvements to DPW's program in all those areas.  Major initiatives include: improvements to tree planting specifications under the annual tree planting contract, the inclusion of "Gator" water bags and tree care outreach material with all newly planted trees, active coordination with sidewalk reconstruction projects to maximize the number of trees planted and provide the best possible planting environment, and more rigorous tree protection requirements for contractors.

GIS:    Several years ago the DPW completed a baseline GIS street tree inventory.  This map-based data gives the following attributes on each street tree: Species, cultivar, condition, dbh (diameter at breast height), tree height, canopy width, # of trunks, tree well status (tree, stump, planting site or retired), type of tree (street, park, cemetery, etc), tree well size, plant date (if known) and removal date (if known).  The US Forest Service Hazard Risk Rating will be added to the inventory form soon. The Risk Rating will allow the arborist to prioritize removals based on a calculated point system that is based on potential targets, size of defect and severity of defect.

Since the baseline was completed, staff have worked to implement a system of regular updates to the data when a tree is planted or removed.  This summer the Department will have an intern working to help complete additional updates.  We are now using data to set goals/ performance measures.  For example, we currently have 582 empty tree wells, with a goal of reducing that number to 450 by the end of next fiscal year.

While the street tree inventory is largely complete, the parks and open space tree inventory is approximately forty percent complete, with 208 acres (including Fresh Pond Reservation and the Cambridge Golf Course) remaining to be inventoried.

Work Order System:   Staff also log all Forestry-related work orders in the Cambridge Request System (CRS), a computerized work order system.  This provides a record of resident requests for service, inspections, and outcomes (such as planting, pruning, or removal).  In 2008, the Urban Forestry Division opened 723 service requests and closed 709 services requests; in 2009, the Division opened 657 service requests and closed 628 service.

Volunteer opportunities:  The City Arborist meets monthly with the City Manager-appointed Committee on Public Planting.  The role of the Committee is to promote and improve the quality and diversity of public plantings throughout all areas of the City, and preference in appointments of the 11-21 members is given to those with horticulture or practical experience, or interest in urban forestry and landscape issues.  The Committee receives updates on and discusses the City's tree planting, pruning, and inventory programs, and reviews and comments on development projects.  All Committee meetings are advertised on the City's web calendar and are open to the public.

DPW continues to look for ways to engage the residents with the urban forest, including through a possible "citizen pruners group" or through participation in tree inventory updating.  The City Arborist also plans to have several neighborhood walks to help further educate the residents about trees and the urban forest.

Current Cambridge Public Tree Statistics (as of end of FY10)

*excludes 208 acres of parkland remaining to be inventoried, including Fresh Pond Reservation and the Cambridge Golf Course.

associated with storm activity

# of Resident Requests for Removal

# of trees heard with objections

Taken in the context of the City's overall inventory of public trees citywide, less than 1% of trees are being removed on an annual basis, and trees are being replanted at a faster rate than they are being removed.

In 2008, there were approximately 130 tree removals.  Of those, 98 trees (75%) were heard at a hearing, while the remaining 32 were removed outside of the hearing process through the hazard process.

In 2008, approximately 48% of trees heard listed either streetscape improvements or development as the primary reason for posting in the hearing notice, while approximately 36% listed tree health and public safety issues like dieback, decay, and structural defects as the primary reason for posting.  There were several large developments during 2008 that accounted for the large number of trees that went to hearing, though those trees approved for removal were often also in poor health and their removal was mitigated by additional planting.  For example, at DeGugliemo Plaza for the MBTA Elevator Project, 6 trees were heard for removal but were actually relocated to Pacific Street and Danehy parks; additionally, four new trees are proposed to be replanted in the plaza after the elevator project is completed.  On Main Street for an MIT development, the 11 Bradford trees approved for removal were also found to represent a safety risk.  That project ultimately proposed numerous large and small caliper trees both on City and adjacent MIT property that more than offset the loss associated with those trees removed.

In 2008, 51 trees up for hearing (52%) were the subject of objections.  Nine of the trees that went to hearing were kept, and another 6 were relocated, resulting in a keeping rate of 15% among trees heard.

During 2009, there were approximately 85 removals, 27 of which (32%) were heard at hearings. Approximately 63% of those trees posted listed tree health and public safety issues like dieback, decay, and structural defects as the primary reason for posting, while 33% of trees heard were in conjunction with either streetscape improvements or development projects.

In 2009, 7 trees were subject to objection (26% of those heard).  Three trees were kept after hearing, a keeping rate of 11%.

response is an indicator of storm-related tree damage.  An exact count of hazard removals that resulted from storms cannot be determined from available data, though storms are a significant factor in tree removal.  In 2008, there were 27 emergency weather events to which the Urban Forestry division responded. In 2009, there were 22 emergency weather events.

In most cases, locations where trees have been removed are subject to replanting except when utility or sidewalk conditions will absolutely not permit replanting.  In cases of private development, the City works with developers to ensure that as many, in most cases more, trees are replanted in the area, often on abutting private property.

Beyond replanting on a tree-by-tree basis, trees being planted overall in the public way greatly outpace those being removed.  As noted in the City Manager's Submitted FY11 Budget, in FY09 a total 490 trees were planted in the public way, while by the end of FY10 that figure is projected to rise to 550 trees.  While new trees are certainly smaller than those removed, taken in conjunction with efforts to maximize tree survival and longevity they represent a positive direction in the overall urban forestry program.  Approximately 5% of new trees planted each year fail, and these trees are generally removed as hazard trees within the first one to two years after planting.

As noted earlier, a key focus of DPW's Urban Forestry Program is to avoid tree removals by making sure trees are properly planted, receive sufficient water early in life, are protected from potential damage, and are pruned on a regular basis.

City of Cambridge Department of Public Works

Tree Protection During Construction

The following are among the requirements placed on contractors during sewer and  street reconstruction projects:

Public shade trees are protected by Massachusetts state law, Chapter 87.  Section 12 states that a fine of up to five hundred dollars, ($500.00) per incident of damage to public shade trees can be levied.  Each branch broken or improperly pruned, each improper wounding of the trunks of the trees, and each root improperly pruned shall constitute an infraction. Section 12 further provides that anyone who negligently or willfully damages a tree will be liable to the City for all damages.

During all construction projects, the utmost care shall be taken by the contractor to avoid unauthorized, unnecessary or improper wounding of public or private shade trees.  Prior to construction, the contractor shall provide a tree protection plan and work schedule.  A Massachusetts or International Certified Arborist shall be sub-contracted by the contractor to provide a protection plan and perform specified work

Pre-construction tree protection measures shall include the following:

Wrapping the trunks of trees with a diameter at breast height (DBH) of 6" or greater with a durable material such as two by four lumber sufficient to protect tree trunks from mechanical damage.    Removal of protective wrapping shall be done by the contractor after construction in complete.

The proper pruning (raise pruning) of low branches to a height no greater than fourteen feet (14") above the roadway and eight feet (8") above the sidewalk.  This includes trees endangered by traffic re-routing as the result of construction operations.

Traffic control plans shall be designed in such a way as to direct traffic away from tree trunks and branches.

Tunneling shall be the preferred method of excavation adjacent to tree roots to avoid root pruning.  If root pruning is unavoidable, certified personnel shall execute the operation with sufficiently sharpened had tools and in such a fashion s to have minimum negative impact on tree health and safety.

Trucks and heavy equipment shall not pass over or park on roots of public shade trees.  A protection zone shall be established by erecting a ridged fence outside the perimeter of the dripline of the tree.  For occasional or one time access over roots, ½' plywood overlapped may be used.  Permeable materials  such as gravel or wood chips shall be placed over root systems of trees which are not covered by hardscape and over which trucks and heavy equipment must travel during construction operations, when such travel is unavoidable, to prevent soil compaction and root damage.  Material shall be replaced as needed.

All tree protection measures and operations shall be subject to review, approval or change by the City Tree Warden.