a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on February 14, 2019 to discuss a proposed amendment to the Municipal code to amend Chapter 8.66 entitled “Tree Protection: in section 8.66.055 entitled “Procedure for Other Significant Tree Removals”

ATTACNMENTA Proposed amendment to $8.66.040 AMEND SECTION: 8.66.040 - Applicability This Chapter shall apply to all trees located on lots specified in the following section §8.66.050 and 8.66.055. This Chapter shall not apply to any project of the Affordable Housing Trust or otherwise for the construction of low and moderate-income housing meeting the standards established pursuant to any City, State or Federal housing program designed to assist low and moderate-income households. ADD SECTION: 8.66.055 - Procedure for Other Significant Tree Removals a. For any significant tree removal not subject to 8.66.050, except for emergency circumstances, a permit request will first be submitted to the City Arborist. In all cases, the City Arborist shall keep a record of the type and size of tree removed, the reason for the removal, photographs of the tree documenting the reason for removal, the date, the contractors) involved, and the name and address of the property owner. No such permits will be issued for one year subsequent to ordination, except for dead, diseased, or dangerous trees. Any tree removed in violation of this section shall require a payment into the tree replacement fund as per section 8.66.060. KEY Italicized: Amended language in CRT #3 Underlined: New proposed amendment !

Chapter 8.66 - TREE PROTECTION Sections: 8.66.010 - Short Title This Chapter may be cited as the Tree Protection Ordinance of the City of Cambridge. (1277, Added, 08/02/2004) 8.66.020 - Statement of Purpose The City Council hereby finds that the preservation of existing trees and the promotion of new tree planting is a public purpose that protects the public health, welfare, environment and aesthetics of the City of Cambridge and its citizens. The urban forest serves a wide variety of functions, which promote the health, safety and welfare of residents. These functions include: (a) conserving energy, by providing shade and evaporative cooling through transpiration; improving local and global air quality by absorbing carbon dioxide and ozone, absorbing particulate matter, and producing oxygen; reducing wind speed and directing air flow; (c) (d) reducing noise pollution; (e) providing habitat for birds, small mammals, and other wildlife; reducing storm runoff and the potential for soil erosion; (f) increasing real property values; and (g) (h) enhancing visual and aesthetic qualities that attract visitors and businesses. (1277, Added, 08/02/2004) 8.66.030 - Definitions Building. A structure enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter or persons, animals or property. Certified arborist. An arborist certified by the Massachusetts Arborists' Association or the International Society of Arboriculture, or any successor of either organization. City Arborist. The City Arborist appointed by the City Manager, or any other Certified Arborist designated by the Commissioner of Public Works and approved by the City Manager to exercise any of the authority granted to the City Arborist pursuant to this Chapter. DBH (Diameter at Breast Height). The diameter of a tree trunk measured in inches at a height of four (4) feet above the ground. Lot. A parcel of land in identical ownership throughout, bounded by other lots or streets, which is designated by its owner to be used, developed or built upon as a unit. Mitigation Plan. A document to be included within any Tree Study submitted for a project where any Significant Trees are proposed to be removed from a lot, stating (i) why any Significant Trees are proposed

to be removed from a lot, (i) a description of the Replacement Trees proposed to replace the Significant Trees to be removed or the value of which is proposed to be paid to the City to be deposited into the Tree Replacement Fund, (iii) an estimate from a local nursery for the cost of purchasing, planting, watering and maintaining said Replacement Trees for a period of not less than five years or the value of which is proposed to be paid to the City to be deposited into the Tree Replacement Fund, and (iv) certification from a Certified Arborist that the proposed Replacement Trees and cost estimates for purchasing, planting, watering and maintaining said Trees are appropriate and reasonable. Owner. For purposes of this Chapter, an owner shall be defined as set forth in the Zoning Ordinance, Title 17 of the Cambridge Municipal Code. Replacement Trees. A tree or trees to be planted on a lot to replace any Significant Trees to be removed from the lot, or whose equivalent value is proposed to be paid to the City to be deposited into the Tree Replacement Fund instead of planting Replacement Trees on the lot. The total DBH of Replacement Trees, or equivalent value, as applicable, shall be equal to or exceed the total DBH of the Significant Trees to be Significant Trees. Any tree or trees larger that 8" DBH which is on a lot or which has been removed from the lot within one year prior to the submission of a Tree Study to the City Arborist. Tree Protection Plan. This plan may be either a separate drawing or part of a landscape plan, and shall include the following information: a) Drawings of tree protection measures and (i) their location on the lot, including Tree Save Areas, and the location, height and DBH of Significant Trees and an indication of which Significant Trees would remain on the site, or (i) in the event that any Significant Trees are proposed to be removed, the location of those Significant Trees, and the location, height and DBH of Replacement Trees which are proposed to be planted on the lot if feasible, or (iii) in the event that Replacement Trees are not proposed to be planted on the lot, the total sum, as identified in the Mitigation Plan, to be paid to the City to be deposited into the Tree Replacement Fund, shall be required to be submitted together with the Tree Protection Plan; b) A schedule for planting the proposed Replacement Trees and a representation that such trees will be inspected and, if necessary, treated by a Certified Arborist once a year for five years; and c) Such other information as is required by the City Arborist pursuant to applicable regulations. Tree Save Area. The area surrounding a tree which must remain undisturbed so as to prevent damage to the tree. Tree Study. The information submitted to the City Arborist, which shall include a Tree Survey, a Tree Protection Plan, and, if applicable, a Mitigation Plan. Tree Survey. A plan showing the location, type, height and DBH of all trees on a lot. (1277, Added, 08/02/2004) 8.66.040 - Applicability This Chapter shall apply to all trees located on lots specified in the following section §8.66.050 and 38.66.055. This Chapter shall not apply to any project of the Affordable Housing Trust or otherwise for the construction of low and moderate-income housing meeting the standards established pursuant to any City State or Federal housing program designed to assist low and moderate-income households. (1277, Added, 08/02/2004) 8.66.050 - Procedure for Large Projects

a. In any project which requires a special permit under §§ 4.26.l - 4.26.3, $19.20, §11.12.1, §11.12.2, or §11.12.3 of the Zoning Ordinance, the application for the special permit shall include a Tree Study, which shall first have been submitted to the City Arborist not less than twenty-one (21) days prior to the submission of the application for a special permit. The Tree Study shall be reviewed by the City Arborist, who shall certify that he has reviewed it, indicating whether it is complete and complies with the applicable provisions of this Chapter and regulations promulgated thereunder. The City Arborist shall refer the Tree Study with his certification and recommendations to the Planning Board, to assist the Planning Board in establishing any conditions that may be required as a result of the findings of the Tree Study in connection with the issuance of a special permit. D. Regarding any project which includes a building of 25,000 square feet or more and which is subject to the provisions of § 19.50 of the Zoning Ordinance, the materials submitted to the Inspectional Services Department with the application for a building permit shall include a Tree Study, together with a certification from the City Arborist that the applicant has submitted the Tree Study for review to the City Arborist not less than twenty-one (21) days prior to the submission of the application for a building permit, and that the Tree Study is complete and complies with the applicable provisions of this Chapter and regulations promulgated thereunder. he owner of the lot shall be required to commit to comply with all provisions of the Tree Study and the applicable provisions of this Chapter and regulations promulgated hereunder in the application for a building permit. 8.66.055 - Procedure for Other Significant Tree Removals a. For any significant tree removal not subject to 8.66.050, except for emergency circumstances, a permit request will first be submitted to the City Arborist. In all cases, the City Arborist shall keep a record of the type and size of tree removed, the reason for the removal, photographs of the tree documenting the reason for removal, the date, the contractors) involved, and the name and address of the property owner. No such permits will be issued for one year subsequent to ordination, except for dead, diseased, or dangerous trees. Any tree removed in violation of this section shall require a payment into the tree replacement fund as per section 8.66.060. (1277, Added, 08/02/2004) 8.66.060 - Tree Replacement If Significant Trees are to be removed from a lot in connection with the development of a project subject to the provisions of this Chapter, upon approval of any project subject to the provisions of §8.66.050(a) of this Chapter by grant of a special permit from the Planning Board, or submission to the Inspectional Services Department of certification from the City Arborist under the provisions of §8.66.050(b) of this Chapter, the owner of the lot shall either plan Replacement Trees on the same lot in accordance with the schedule set forth in the Tree Study, or he shall pay the estimated cost of Replacement Trees and associated costs for the maintenance of said trees pursuant to the Mitigation Plan, if applicable, to the City to be deposited into the Tree Replacement Fund. In addition, the owner of the lot shall, prior to the issuance of a building permit, post and file a bond with the City Clerk in the amount of the total costs set forth in the Mitigation Plan, but in no event less than five thousand dollars ($5,000.00), with one or more sureties conditioned to the faithful observance of the conditions and specifications of the Tree Protection Plan and, if applicable, the Mitigation Plan. (1277, Added, 08/02/2004) 8.66.070 - Tree Replacement Fund

There is hereby established a Tree Replacement Fund which shall be held by the City Treasurer in an account and administered in accordance with applicable provisions of the General Laws. Any payments into the Tree Replacement Fund required by §8.66.060 shall be deposited in said Fund, and shall be used solely for the purpose of buying, planting and maintaining trees in the City. (1277, Added, 08/02/2004) 8.66.080 - Regulations The Commissioner of Public Works shall have the authority to promulgate regulations to accomplish any of the provisions of this Chapter. (1277, Added, 08/02/2004) 8.66.090 - Enforcement (a) Notice of Violations. Any person who violates any of the provisions of this Chapter shall be notified by the City Arborist of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation and a reasonable time period within which compliance must be had. (b) Stop Work Order (1) Upon notice from the City Arborist that work on any lot on which a Significant Tree is located is being performed contrary to any applicable Mitigation Plan or Tree Protection Plan or any provision of this Chapter, such work shall be immediately stopped by the Commissioner of Inspectional Services or his designee. The stop work order shall be in writing, and shall be given to the owner of the lot involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work will be permitted to resume. (2) Any person who shall continue any work in or about said lot after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $300.00. Each day during which a violation exists shall constitute a separate offense. (C) Injunctive Relief. Whenever there exists reasonable cause to believe that a person is violating any applicable Mitigation Plan or Tree Protection Plan or any provision of this Chapter, the City may institute a civil action for a mandatory or prohibiting injunction in a court of competent jurisdiction ordering the defendant to correct the unlawful condition upon or cease the unlawful use of the property. (d) Failure to Replace Trees or Make Payment. Each failure to replace a Significant Tree or make a payment into the Tree Replacement Fund or to post and maintain a bond in accordance with $8.66.060 shall constitute a separate violation of this Chapter for which there shall be a fine in the amount of $300.00. Each day such violation continues shall constitute a separate offense. (e) Alternative Penalty. As an alternative to any fine stated in this §8.66.090, citations may be issued pursuant to G.L. c. 40, §21D, assessing a fine of $300.00 for each day the violation is committed or permitted to continue. The Commissioner of Public Works or his designee, the City Arborist, employees of the Department of Public Works and Police Officers shall be the authorized enforcement personnel. (1277, Added, 08/02/2004) 8.66.100 - Severability

The provisions of this Chapter are severable. If any section, provision or portion of this Chapter is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this Chapter shall continue to be valid (1277, Added, 08/02/2004) 8.66.110 - Effective Date This ordinance shall take effect only upon ordination of the companion zoning amendment and any other zoning amendments necessary to effectuate the provisions of this Tree Ordinance. (1277, Added, 08/02/2004)

ATTACHMENTB Chapter 8.66 - TREE PROTECTION Sections: 8.66.010 - Short Title This Chapter may be cited as the Tree Protection Ordinance of the City of Cambridge. (1277, Added, 08/02/2004) 8.66.020 - Statement of Purpose The City Council hereby finds that the preservation of existing trees and the promotion of new tree. planting is a public purpose that protects the public health, welfare, environment and aesthetics of the City of Cambridge and its citizens. The urban forest serves a wide variety of functions, which promote the health, safety and welfare of residents. These functions include: (a) conserving energy, by providing shade and evaporative cooling through transpiration; (b) improving local and global air quality by absorbing carbon dioxide and ozone, absorbing particulate matter, and producing oxygen; (c) reducing wind speed and directing air flow; (d) reducing noise pollution; (e) providing habitat for birds, small mammals, and other wildlife; (f) reducing storm runoff and the potential for soil erosion; (g) increasing real property values; and (h) enhancing visual and aesthetic qualities that attract visitors and businesses: (1277, Added, 08/02/2004) 8.66.030 - Definitions Building. A structure enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter or persons, animals or property. Certified arborist. An arborist certified by the Massachusetts Arborists' Association or the International Society of Arboriculture, or any successor of either organization. City Arborist. The City Arborist appointed by the City Manager, or any other Certified Arborist designated by the Commissioner of Public Works and approved by the City Manager to exercise any of the authority granted to the City Arborist pursuant to this Chapter.

DBH (Diameter at Breast Height). The diameter of a tree trunk measured in inches at a height of four (4) feet above the ground. Lot. A parcel of land in identical ownership throughout, bounded by other lots or streets, which is designated by its owner to be used, developed or built upon as a unit. Mitigation Plan. A document to be included within any Tree Study submitted for a project where any Significant Trees are proposed to be removed from a lot, stating (i) why any Significant Trees are proposed to be removed from a lot, (ii) a description of the Replacement Trees proposed to replace the Significant Trees to be removed or the value of which is proposed to be paid to the City to be deposited into the Tree Replacement Fund, (iii) an estimate from a local nursery for the cost of purchasing, planting, watering and maintaining said Replacement Trees for a period of not less than five years or the value of which is proposed to be paid to the City to be deposited into the Tree Replacement Fund, and (iv) certification from a Certified Arborist that the proposed Replacement Trees and cost estimates for purchasing, planting, watering and maintaining said Trees are appropriate and reasonable. Owner. For purposes of this Chapter, an owner shall be defined as set forth in the Zoning Ordinance, Title 17 of the Cambridge Municipal Code. Replacement Trees. A tree or trees to be planted on a lot to replace any Significant Trees to be removed from the lot, or whose equivalent value is proposed to be paid to the City to be deposited into the Tree Replacement Fund instead of planting Replacement Trees on the lot: The total DBH of Replacement Trees, or equivalent value, as applicable, shall be equal to or exceed the total DBH of the Significant Trees to be removed from the lot. Significant Trees. Any tree or trees larger than 8" DBH which is on a lot or which has been removed from the lot within one year prior to the submission of a Tree Study to the City Arborist. Tree Protection Plan. This plan may be either a separate drawing or part of a landscape plan, and shall include the following information: a) Drawings of tree protection measures and (i) their location on the lot, including Tree Save Areas, and the location, height and DBH of Significant Trees and an indication of which Significant Trees would remain on the site, or (ii) in the event that any Significant Trees are proposed to be removed, the location of those Significant Trees, and the location, height and DBH of Replacement Trees which are proposed to be planted on the lot if feasible, or (ili) in the event that Replacement Trees are not proposed to be planted on the lot, the total sum, as identified in the Mitigation Plan, to be paid to the City to be deposited into the Tree Replacement Fund, shall be required to be submitted together with the Tree Protection Plan; b) A schedule for planting the proposed Replacement Trees and a representation that such trees will be inspected and, if necessary, treated by a Certified Arborist once a year for five years; and c) Such other information as is required by the City Arborist pursuant to applicable regulations. Tree Save Area. The area surrounding a tree which must remain undisturbed so as to prevent damage to the tree.

Tree Study. The information submitted to the City Arborist, which shall include a Tree Survey, a Tree Protection Plan, and, if applicable, a Mitigation Plan. Tree Survey. A plan showing the location, type, height and DBH of all trees on a lot. (1277, Added, 08/02/2004) 8.66.040 - Applicability This Chapter shall apply to all trees located on lots specified in the following sections $8.66.050 and §8.66.055. This Chapter shall not apply to any project of the Affordable Housing Trust or otherwise for the construction of low and moderate-income housing meeting the standards established pursuant to any City, State or Federal housing program designed to assist low and moderate-income households. (1277, Added, 08/02/2004) 8.66.050 - Procedure for Large Projects a. In any project which requires a special permit under §§ 4.26.l - 4.26.3, §19.20, §11.12.1, §11.12.2, or §11.12.3 of the Zoning Ordinance, the application for the special permit shall include a Tree Study, which shall first have been submitted to the City Arborist not less than twenty-one (21) days prior to the submission of the application for a special permit. The Tree Study shall be reviewed by the City Arborist, who shall certify that he has reviewed it, indicating whether it is complete and complies with the applicable provisions of this Chapter and regulations promulgated thereunder. The City Arborist shall refer the Tree Study with his certification and recommendations to the Planning Board, to assist the Planning Board in establishing any conditions that may be required as a result of the findings of the Tree Study in connection with the issuance of a special permit. b. Regarding any project which includes a building of 25,000 square feet or more and which is subject to the provisions of § 19.50 of the Zoning Ordinance, the materials submitted to the Inspectional Services Department with the application for a building permit shall include a Tree Study, together with a certification from the City Arborist that the applicant has submitted the Tree Study for review to the City Arborist not less than twenty-one (21) days prior to the submission of the application for a building permit, and that the Tree Study is complete and complies with the applicable provisions of this Chapter and regulations promulgated thereunder. The owner of the lot shall be required to commit to comply with all provisions of the Tree Study and the applicable provisions of this Chapter and regulations promulgated hereunder in the application for a building permit. Add the following Section: 8.66.055 - Procedure for Other Significant Tree Removals. For any significant tree removal not subject to §8.66.050, a permit will be required from the City Arborist. In all cases, the City Arborist shall keep a record of the type and size of tree removed, the reason for the removal, photographs of the tree documenting the reason for removal, the date, the contractor(s) involved, and the name and address of the property owner. No such permits will be issued

for one year following ordination of this amendment, except for emergency circumstances, significant utility infrastructure projects undertaken pursuant to State or Federal regulations or programs, for City park projects or for dead or dangerous trees. Any tree removed in violation of this section, within one year following ordination of this amendment shall require a payment into the tree replacement fund as per section $8.66.070. The value to be paid into the tree replacement fund shall be equivalent to the cost of purchasing, planting, watering and maintaining said Replacement Trees for a period of not less than five years. 8.66.060 - Tree Replacement If Significant Trees are to be removed from a lot in connection with the development of a project subject to the provisions of this Chapter, upon approval of any project subject to the provisions of $8.66.050(a) of this Chapter by grant of a special permit from the Planning Board, or submission to the Inspectional Services Department of certification from the City Arborist under the provisions of §8.66.050(b) of this Chapter, the owner of the lot shall either plant Replacement Trees on the same lot in accordance with the schedule set forth in the Tree Study, or he shall pay the estimated cost of Replacement Trees and associated costs for the maintenance of said trees pursuant to the Mitigation Plan, if applicable, to the City to be deposited into the Tree Replacement Fund. In addition, the owner of the lot shall, prior to the issuance of a building permit, post and file a bond with the City Clerk in the amount of the total costs set forth in the Mitigation Plan, but in no event less than five thousand dollars ($5,000.00), with one or more sureties conditioned to the faithful observance of the conditions and specifications of the Tree Protection Plan and, if applicable, the Mitigation Plan. (1277, Added, 08/02/2004) 8.66.070 - Tree Replacement Fund There is hereby established a Tree Replacement Fund which shall be held by the City Treasurer in an account and administered in accordance with applicable provisions of the General Laws. Any payments into the Tree Replacement Fund required by $8.66.055 or §8.66.060 shall be deposited in said Fund, and shall be used solely for the purpose of buying, planting and maintaining trees in the City. (1277, Added, 08/02/2004) 8.66.080 - Regulations The Commissioner of Public Works shall have the authority to promulgate regulations to accomplish any of the provisions of this Chapter. (1277, Added, 08/02/2004) 8.66.090 - Enforcement (a) Notice of Violations. Any person who violates any of the provisions of this Chapter shall be notified by the City Arborist of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation and a reasonable time period within which compliance must be had. (b) Stop Work Order

(1) Upon notice from the City Arborist that work on any lot on which a Significant Tree is located is being performed contrary to any applicable Mitigation Plan or Tree Protection Plan or any provision of this Chapter, such work shall be immediately stopped by the Commissioner of Inspectional Services or his designee. The stop work order shall be in writing, and shall be given to the owner of the lot involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work will be permitted to resume. (2) Any person who shall continue any work in or about said lot after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $300.00. Each day during which a violation exists shall constitute a separate offense. (c) Injunctive Relief. Whenever there exists reasonable cause to believe that a person is violating any applicable Mitigation Plan or Tree Protection Plan or any provision of this Chapter, the City may institute a civil action for a mandatory or prohibiting injunction in a court of competent jurisdiction ordering the defendant to correct the unlawful condition upon or cease the unlawful use of the property. (d) Failure to Replace Trees or Make Payment. Each failure to replace a Significant Tree or make a payment into the Tree Replacement Fund or to post and maintain a bond in accordance with $8.66.060 shall constitute a separate violation of this Chapter for which there shall be a fine of not more than $300.00. Each day such violation continues shall constitute a separate offense. (e) Alternative Penalty. As an alternative to any fine stated in this $8.66.090, citations may be issued pursuant to G.L. c. 40, §21D, assessing a fine of not more than $300.00 for each day the violation is committed or permitted to continue. The Commissioner of Public Works or his designee, the City Arborist, employees of the Department of Public Works and Police Officers shall be the authorized enforcement personnel. (1277, Added, 08/02/2004) 8.66.100 - Severability The provisions of this Chapter are severable. If any section, provision or portion of this Chapter is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this Chapter shall continue to be valid (1277, Added, 08/02/2004) 8.66.110 - Effective Date This ordinance shall take effect only upon ordination of the companion zoning amendment and any other zoning amendments necessary to effectuate the provisions of this Tree Ordinance. (1277, Added, 08/02/2004)

AMACHMENTC 147 Hampshire Street City of Cambridge Cambridge, MA 02139 theworks@cambridgema.gov Department of Public Works THE Owen O'Riordan, Commissioner Voice: [phone removed] WORKS TDD: [phone removed] February 14, 2019 Re: Tree Protection Ordinance, Proposed Amendment and Proposed Regulations To: The Ordinance Committee of the Cambridge City Council Please find attached a list of documents prepared by the Department of Public Works and the Law Department associated with the amendments forwarded to the City Council Ordinance Committee for its hearing on February 14*, 2019. Included in this list of documents are the following: (1) Proposed Amendments to the Tree Protection Ordinance for City Council consideration. The proposed amendments are being submitted to the Council for its consideration pursuant to requests made by a number of City Councilors at the City Council meeting of January 28", 2019. (2) A draft sample set of Tree Protection Ordinance Regulations, which will be promulgated by the Commissioner of Public Works in accordance with Section 8.66.080 and are intended to provide process for the proposed Tree Protection Ordinance changes. (3) A draft letter to be submitted by a Certified Arborist indicating that a Significant Tree is dead, dangerous or that there is an emergency circumstance associated with a Significant Tree. (4) The ISA Level 2 Tree Risk Assessment form that will be required in order to establish the risk associated with a Significant Tree proposed for removal. (5) An example of the photograph types needed from the Certified Arborist as part of the Significant Tree removal permit process. If the changes proposed are enacted by the City Council, the Department of Public Works expects to mail a letter outlining the changes in the Tree Protection Ordinance and the procedures necessary to be permitted to remove a Significant Tree within two weeks of ordination of any amendments. This message will also be sent to the various arboriculture organizations in the state and nationally as well as to all the various landscaping and tree pruning and removal contractors that we are aware of. The City will also use its various social media platforms to inform the public of the changes promulgated concerning tree removal procedures. Finally, the Department of Public Works expects to have the permitting procedure in place for electronic filing within 24 hours of enactment. This will include the permit application form, the letter to be submitted by a certified arborist, the ISA Tree Risk Assessment

Form to be completed and submitted, and an example of the photograph types needed from the Certified Arborist as part of the Significant Tree removal permit process. As the amendments proposed are being considered, it is important that the following legal and procedural constraints are recognized: (1) Massachusetts General Laws Chapter 87 provides the City Arborist and the City Manager with authority over the removal of Public Shade Trees in the City of Cambridge. The proposed Tree Protection Ordinance Amendments would not apply to Public Shade Trees. (2) It is expected that neighbors and property owners throughout the city will seek information and advice from the Urban Forestry Division at the Department of Public Works relative to trees on their property. It is our intention to be helpful to people when they call; however, staff at DW have legal and resource constraints relative to their ability to being responsive. (3) The City Arborist does not have the authority to enter onto private property without invitation. (4) The City Arborist is not and will not be authorized to provide risk assessments associated with trees on private property. (5) If a tree is taken down without a permit, it may not be possible for the City Arborist to verify if the tree was a Significant Tree and what size the tree was. It is hoped that the above information is helpful to you as you consider the various proposed amendments placed before you for your consideration relative to the Tree Protection Ordinance. Very truly yours, Owen O' Riordan Commissioner, DPW

ATTACHMENTD DRAFT / SAMPLE City of Cambridge Department of Public Works Tree Protection Ordinance Regulations The City of Cambridge Commissioner for Public Works ("The Commissioner") hereby adopts the following Tree Ordinance Regulations pursuant to the Tree Protection Ordinance, Title 8, Chapter 8.66 of the Cambridge Municipal Code, (the "Ordinance"), relating to the removal of a significant tree, as that term is defined in the Ordinance (a "Significant Tree"), that is not subject to the provisions of Sections 8.66.040 or 8.66.050 of the Ordinance. 1. Removal of Dead or Dangerous Tree In accordance with Section 8.66.055, in order to procure a permit from the City Arborist to remove a Significant Tree that is dead or dangerous (the "Tree"), the following will be required: a. A completed Tree Removal Permit Application Form. b. A completed Level 2 International Society of Arboriculture ('ISA") Tree Risk Assessment related to the Tree provided by a Certified Arborist. c. A signed Certification from a Certified Arborist using the attached form. d. Photographs of the Significant Tree, including photographs of its silhouette, its DBH measurement as stipulated in the Ordinance, and the area of the Tree where the dead or dangerous area(s) can be observed. e. Signed approval from the Commissioner of Public Works and the City Arborist approving the removal of the Significant Tree. 2. Removal of Significant Tree in Emergency Circumstances In accordance with Section 8.66.055 to procure a permit from the City Arborist to remove a Significant Tree in an emergency circumstance the following will be required: a. Iype 1 Emergency Circumstance. i. A completed Tree Removal Permit Application Form. ii. A detailed narrative of the emergency circumstance requiring the removal of the Significant Tree as it relates to public health, safety or welfare, signed by the owner of the property. iii. If required by the Commissioner of Public Works, a completed Level 2 ISA Tree Risk Assessment provided by a Certified Arborist. iV. If required by the Commissioner of Public Works, a signed Certification from a Certified Arborist using the attached form. V. Photographs of the Significant Tree including photographs of the Tree's silhouette and the Tree's DBH measurement as stipulated in the Ordinance. vi. Signed approval from the Commissioner of Public Works and the City Arborist approving the removal of the Significant Tree.

b. Type 2 Emergency Circumstance Where Permit Not Obtained Prior to Removal. i. A completed Tree Removal Permit Application form submitted within 24 hours or on the next business day after the Significant Tree is removed. A detailed narrative of the emergency circumstance demonstrating why an imminent threat to safety existed required the Significant Tree to be removed immediately. (Example: a large branch from a Significant Tree falls on or adjacent to a building or vehicle or other hazardous location and it is discovered that the Significant Tree is dangerous and poses an imminent threat to public health, safety or welfare), and why the City Arborist was not available (Example: non- working hours). ili. A completed Level 2 ISA Tree Risk Assessment provided by a Certified Arborist. iv. A signed letter from a Certified Arborist using the attached form. V. Photographs of the Significant Tree that has been removed, including if possible its silhouette and its DBH measurement as stipulated in the Ordinance. Vi. Signed approval from the Commissioner of Public Works and the City Arborist approving the removal of the Significant Tree. 3. Significant Utility Infrastructure projects a. A completed Tree Removal Permit Application Form. b. A detailed report indicating the nature of the utility infrastructure project and the State or Federal regulation(s) or programs) pursuant to which the project is being undertaken provided by the City Engineer. C. If required by the Commissioner of Public Works, A completed Level 2 ISA Tree Risk Assessment provided by a Certified Arborist. d. if required by the Commissioner of Public Works, A signed Certification from a Certified Arborist using the attached form. e. Photographs of the Significant Tree including photographs of its silhouette and its DBH measurement as stipulated in the Ordinance. f. Signed approval from the Commissioner of Public Works and the City Arborist approving the removal of the Significant Tree. 4. City Park Projects where it is proposed to remove Significant Trees •a. A completed Tree Removal Permit Application Form. b. A detailed narrative indicating the nature of the Park Project and the community • engagement that has been held or is proposed to be held. c. Tree Mitigation Plan identifying number of substitute trees to be planted to replace Significant Trees being removed. d. If required by the Commissioner of Public Works, A completed Level 2 ISA Tree Risk Assessment provided by a Certified Arborist.

If required by the Commissioner of Public Works, a signed Certification from a Certified Arborist using the attached form. f. Photographs of the Significant Tree including photographs of its silhouette and its DBH measurement as stipulated in the Ordinance. g. Signed approval from the Commissioner of Public Works and the City Arborist approving the removal of the Significant Tree. Date: By:- Owen O'Riordan Commissioner of Public Works

AMACHMENTE City Arborist Department of Public Works City of Cambridge 147 Hampshire Street, Cambridge MA 02139 CERTIFICATION OF CERTIFIED ARBORIST Date - 1, certify that: 1. It is my professional opinion that the tree (the "Tree") identified in the accompanying permit application and ISA Basic Tree Risk Assessment form (the "Assessment Form"), in accordance with a Level 2 ISA, BMP Tree Risk Assessment, is at high or extreme risk of failure within the next two years and that no alternative reasonable mitigation of the risk exists other than by the removal of the Tree; 2. I have personally overseen the inspection of the Tree and the property on which it is located (the "Property") that is referred to in the attached Assessment Form and this Certification and have stated my findings accurately. The extent of my assessment of the Tree is stated in the attached Assessment Form; 3. I have no current or prospective interest in the Tree or the Property that are the subject of the Assessment Form and Certification, and I have no personal interest or bias with respect to the parties involved; 4. The analysis, opinions and conclusions stated herein are my own; 5. My compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the owner of the Property or any other party; and 6. All of the above statements are made in my professional judgment in accordance with standards of conduct required for certified arborists. signature ISA Number MCA Number

ATTACHMENTE ISA Basic Tree Risk Assessment Form Client Time Date of Address /Tree location Sheet_ Tree no. Tree species Crown spread dia. Height dbh_ Assessor(s) Time frame _Tools used Target Assessment Target zone Occupancy rate 1-rare Target description Target protection 2 - occasional 3-frequent 1xHt. 1.5 x Ht. drip line 4 - constant Practical to Restriction move target? Target within Target within Target number Target within practical? 2 3 4 Site Factors Topography FlatO SlopeD] % Aspect History of failures Site changes None [ Grade change ] Site clearing Changed soil hydrology Root cuts• Describe % Describe Soil conditions Limited volume • Saturated • Shallow • Compacted] Pavement over rootsO Describe_ Prevailing wind direction Common weather Strong winds O Ice • SnowD Heavy rain D Tree Health and Species Profile % _% Necrotic Chlorotic _ % Vigor Low D Normal D Foliage None (seasonal) O None (dead) • Normal High D Abiotic Pests/Biotic. Species failure profile Branches • Trunk• Roots D Describe. Load Factors Relative crown size Small• Medium• Large O Wind exposure Protected Partial Full Wind funneling D Crown density Sparse • NormalD DenseD Interior branches Few Normal Dense• Vines/Mistletoe/Moss D Recent or expected change in load factors Tree Defects and Conditions Affecting the Likelihood of Failure - Crown and Branches - Unbalanced crown D Cracks D Lightning damage O LCR _% % overall Dead twigs/branches O Max. dia. _ Included bark O Codominant D Number Broken/Hangers Max. dia. _ % circ. Weak attachments D Cavity/Nest hole_ Over-extended branches D Previous branch failures • Similar branches present D Pruning history Dead/Missing bark • Cankers/Galls/Burls Sapwood damage/decay O Raised Thinned • Crown cleaned Conks D Heartwood decay D Reduced Lion-tailed Topped D Response growth Other Flush cuts Condition (s) of concern Part Size - Fall Distance - Part Size — Fall Distance N/AD N/AO Load on defect Minor • Moderatel Significant O Load on defect Minor • Moderate Significant O Likelihood of failure Improbable Possible Probable O Imminent D Likelihood of failure Improbable Possible • Probable • Imminent O - Roots and Root Collar -Trunk. Depth Collar buried/Not visible C Stem girdling O Dead/Missing bark O Abnormal bark texture/color D Conks/Mushrooms • Decay O Included bark D Codominant stems D Dead D Cracks D Sap ooze D % circ Cavity D Sapwood damage/decay • Cankers/Galls/Burls O Ooze Distance from trunk Conks/Mushrooms D Lightning damage • Heartwood decay D Cut/Damaged roots D Cracks O % circ. Cavity/Nest hole Depth Poor taper O Soil weakness O Root plate lifting D • Corrected? Lean m Response growth Response growth Condition (s) of concern Condition (s) of concern Fall Distance Part Size Part Size. Fall Distance Minor • ModerateD Significant D N/AD Load on defect N/AD Load on defect Minor • ModerateD] Significant D Likelihood of failure Improbable Possible • Probable • Imminent D Possible • Probable D Imminent D Likelihood of failure Improbable D] Page 1 of 2

Risk Categorization Likelihood Consequences Failure & Impact Failure Impact (from Matrix 1) Target Condition(s) Tree part Risk (Target number of concern rating or description) (from Matrix 2) Severe Likely Probable Significant Negligible Unlikely High Minor Very likely Medium Somewhat Imminent Possible Low Very low Improbable •.. Matrix I. Likelihood matrix. Likelihood of Impact Likelihood High Low of Failure Very low Medium Imminent Very likely Likely Unlikely Somewhat likely Likely Probable Unlikely Unlikely Somewhat likely Somewhat likely Unlikely Unlikely Possible Unlikely Unlikely Unlikely Unlikely Improbable Unlikely Matrix 2. Risk rating matrix. Consequences of Failure Likelihood of Failure & Impact Minor Significant Negligible Severe Extreme Moderate High Low Very likely High Moderate Low High Likely™ North Moderate Low Low. Moderate Somewhat likely Low Low Low Low Unlikely Notes, explanations, descriptions JO Mitigation options Residual risk _ 1._ Residual risk - 2. Residual risk _ 3. Residual risk _ Extreme O Low D Overall tree risk rating Moderate • High D Recommended inspection interval Extreme D Moderate • High D Overall residual risk None • Low D Data •Final O Preliminary Advanced assessment needed •No DYes-Type/Reason Inspection limitations None Visibility DAccess OVines •Root collar buried Describe . Page 2 of 2 . This datasheet was produced by the International Society of Arboriculture (ISA) - 2017

AMACHMENTC

• ATTACHMENTH Lopez, Donna From: Nancy Donohue < [email removed]> Sent: Wednesday, February 13, 2019 4:36 PM To: Lopez, Donna letter in opposition to the tree moratorium Subject: Attachments: Final tree letter.pdf Dear Madame Clerk- Attached please find our letter in opposition to the proposed amendment to the Municipal Code to amend Chapter 8.66 entitled "Tree Protection" that the Ordinance Committee is taking up tomorrow night. I plan on being at the hearing, but the Chamber would like to go on record with this letter. Thank you, Nancy Nancy E. Donohue Director of Government and Community Affairs Cambridge Chamber of Commerce One Kendall Square, Building 600, Suite 105 Cambridge, MA 02139 Ph: [phone removed] www.cambridgechamber.org

One Kendall Square, Building 600 CAMBRIDGE Suite 6-105, Cambridge MA 02139 [phone removed] | cambridgechamber.org CHAMBER Of COMMERCE [email removed] February 14, 2019 The Honorable Craig Kelley, Chair The Honorable Dennis Carlone, Chair The Honorable Mayor Marc McGovern The Honorable Members of the City Council Cambridge City Hall 795 Massachusetts Avenue Cambridge MA, 02139 Dear Chairmen and Committee Members: The Cambridge Chamber of Commerce supports efforts to protect and enhance the City's valuable tree canopy. We can all agree that having a vibrant tree canopy is essential to the overall health and well-being of our residents and environment. Like you, we look forward to reviewing the long-awaited recommendations from the City Manger's Urban Forest Master Plan Task Force, which has been meeting and seeking the advice and input from experts for the past year. The Chamber is pleased to have representatives from member businesses/institutions who are serving on the task force. This task force has been charged with studying the City's tree canopy and developing related policy, the results of which are expected to be presented to the City Manager and the City Council in the coming months. The proposed tree protection ordinance amendment currently before the ordinance committee has recently been amended to include a proposed one-year moratorium on tree removal permits. We believe the amendment is short on specifics and could cause extreme hardship. As written, it does not give any leniency to small property owners. We worry that the proposed moratorium language will create an unreasonable burden on residents, many of whom work for Chamber member businesses. Many families face real-life issues that often require alterations to their home. For example, those with aging parents, sick family members or growing young families may not be able to wait a year to make necessary alterations and may in fact be forced to move out of the city. We are extremely concerned about the unintended consequences that passage of the moratorium would have on small property owners. The monetary fines associated with the moratorium would have a devastating impact on low and moderate-income residents most of whom may not even be aware of the proposed moratorium. During the proposed moratorium, removal of one tree without prior authorization would result in fines exceeding $5,000. Homeowners would see that fine multiplied for each additional tree removed. As a result, we

fear the City will be forced to place legal liens on a property owners who were unaware of the moratorium and unable to pay the excessive fines. Cambridge property owners deserve answers as well as the ability to evaluate the proposed changes thoroughly and thoughtfully. Up to this point, the process has been lacking on civic engagement, outreach and transparency. The Chamber believes this proposal is a serious encroachment on the rights of private property owners. The measure is largely a punitive one, does little to build public support and fails to educate the public about the importance and need for tree protection. We urge the City Council to reject the proposed moratorium on tree removal. Sincerely, Director of Government Affairs

ATTACHMENTI 14 Feb 2019 Ordinance Committee Meeting Testimony to Cambridge City Councilors RE: Urgent Need for Tree Protections in view of Tree Canopy Collapse in Cambridge I testified on 4 december 2018 - at the Environment committee hearing where only 2 councilors were present. I reminded them that I had testified 4.5 years earlier on 2o July 2014 about our need to protect trees because of impending climate change. I told them that we had squandered the last 5 years and that it is unconscionable that we are still waiting for laws protecting large trees. I testified at the 9 Jan 2019 ordinance committee meeting and asked for a temporary pause in tree-cutting until the Urban Forest Task Force could make their recommendations. 80 people showed up at that meeting and 35 spoke, almost all in favor of tree protections. In spite of this outpouring of public comment and concern about our tree canopy collapse, the committee saw to it that the discussion went sideways and only the proposal to have a permit, a piece of paper, to cut down a tree was advanced to city council. I testified at the 28 jan 2019 city council meeting. Once again the proposal for a moratorium or temporary pause in tree-cutting until the task force can complete their work was floated. But the majority of the council was determined for this NOT to happen, and so tree protections were sent back to the Ordinance committee. In the meantime at least another 40 large healthy trees have been chopped down. Now, here I am again. And this time I say that by your actions, the majority of this city council has failed to do the bidding of the constituents who elected them. So l call on you to do the right thing and make significant steps to protections for mature trees NOW. No more delay. No more politicking. No more smokescreens. Do the right thing. We elected you. Susan Ringler 82 Kinnaird St

maybe 20? maple/oak honey locust linden 1 homeowner 1 homeowner 4 city 1 contractor pine 2 owner 11 Bullfinch Corp. 20 MIT Alewife/Acorn Park Christ Church-Episcopa adj. Alewife Velucci Plaza/Inman 27 Craigie Sparks St. Volpe 14-Feb-19 Susan Ringler compiled by 9-Jan Ordinance Committee - 80 people show up and ask for tree-cutting moratorium 9-Feb 12-Jan 12-Jan 17-Jan 19-Jan 30-Jan 31-Jan

ATTACHMENT J Sarak Diéhl 25 Wheeler St: 10 the Mayor, City Council natiCity officials, I at here today in Support of thee protection. Trees are being tassacred in our dishing. when the sit permits to Developers. This gives the Developer exemption to the laws pretaining to our thee protection. There is no recourse for slaughte Trees of I subrit to you. onight that Special permits -Should have a Moratoricke until the city redefines what is allowed with a special permit: Trees Must te saved under our tree ordinances " As I an speaking to you tonight, SoMeRville is Voting on their comprehensive tree ordinan There are very strict rules and regulations o

2 hast night, I met with the tree protection laws should Follow their exarple. One day over trees will be protecteel. es well as the city of SomeRville aubridge has fallen short apol Members of this very Council will have to take ownership. Of the affer Math of the laws that are weak cirCuMvented Dy spedial peRMits. Is latrick Henry said, I have just Started to fight" Dur protest Monday night a ot The tree courtyard of 55 Wheeler, is just the tougher tree protection where Developers Can't Sneak around the law by special permito Give trees a Chance to suRvive- Not die!!

het us focus on trees tebight, not to argue irrelevant topics to try to persued others. Time is at hand here and Much is at Stake. Please Vote with your heart, not by - hank you-

AMACHMENTK Cambridge City Council Ordinance Meeting February 14, 2019 Judy Johnson of 55 Antrim Street I just read this book, titled, "Should Trees Have Standing?", written by Christopher Stone. You won't believe what he is asking. He is asking do trees have legal rights? Imagine that. Have you ever heard anything more outrageous? He goes on to write about rivers and streams and mountains having legal rights? Does the Grand Canyon have legal rights? What is he talking about? That 50 year old oak that stands in my yard has legal rights? He makes it sound as if it's a living thing, instead of the object, it really is. A tree is no different than the fence around my property. Now, suppose I tell you I have six children, and they give me a lot of trouble. Sometimes / have to smack them to teach them a lesson. And we have a family dog who is sometimes bad, and sometimes I have to kick him to make him mind. Someone told me it's against the law to abuse a child or an animal. But I tell you they are my children and my dog, and I can treat them how I want. Now, you are going to tell me I can't cut down that 50 year old oak in my yard? That tree, as well as the children and the dog, belong to me. They have no rights of their own. They are my possessions. I own them. They are my property. Here's another book, called, "The Hidden Life of Trees". Give me a break. More talk about trees, as if they are some kind of living being. Like they help us to survive. Like they give us important things. As if we should protect them, because, like children and animals, they can't speak for themselves. Well, I want to beat my children, kick my dog and cut down my damn tree. What are you going to do about it? Judy Johnson 55 Antrim Street Cambridge, MA 02139 [email removed] [phone removed]

ATTACHMENIL Essential Steps to Protecting City Trees Please use any of these to suggest that the present ordinance Needs additions. • redefining "significant tree" as 6" DBH (rather than 8"), • removing the exemptions for affordable housing and large special permit projects, • increasing the civil fine for violations if possible and adding criminal penalties (including imprisonment), • expanding the number of officials with enforcement authority (since the city arborist himself has not been abiding by the ordinance), and • amending the pending language change so that the moratorium or block on cutting healthy, nondangerous significant trees does not expire until new tree protection zoning regulations are adopted pursuant to recommendations from the task force that's studying the city's severe tree canopy loss. Ellen Mass Friends of Alewife Reservation With solid advice from Michael Brandon at North Cambridge Stabilization Committee.

ATTACHMIENTM Lopez, Donna From: Lee Farris <[email removed]> Sent: Thursday, February 14, 2019 5:12 PM To: City Council Cc: Lopez, Donna Subject: Support for stopping removal of large healthy trees Dear Mayor and Councilors, I am writing to express the Cambridge Residents Alliance's strong support for the proposed revisions to the tree protection ordinance to require a permit before removal of a large healthy tree, and to stop granting those permits for one year, until the recommendations from the Urban Forest Task Force are implemented. I hope the Council states when the ordinance changes take effect. I ask that the Council request that the city manager direct staff to: -Develop regulations about how to implement the ordinance, including -who defines "healthy" -who inspects the tree before it is cut -posting visible local signs in advance of any discussion about removing a tree, and visibly posting any permit for removal of a tree (using signs similar to the BZA hearing signs) -create a process for residents to appeal a permit to cut a tree -create a process for immediately stopping removal of a tree without a permit -set some criteria for city staff to use to evaluate the outcomes of the revised ordinance, set a timeline for evaluation, and suggest any areas for improvement -Communicate with all current and potential developers that the city's desire is to limit removal of trees, and that the city's expectation is that any replacements will at least equal the canopy (not caliper) of the trees that were removed; -Communicate the same to the Planning Board and BZA, with a request that proposed tree removal be discussed in hearings. Next, I hope the Council will work on an ordinance that: -requires projects subject to large project review and projects requesting up-zoning to replace on-site any tree canopy that they cut down -withholds special permits and building permits if a developer removes a significant tree without a permit -redefines the definition of "significant" from an 8" caliper to a 6" caliper -requires a developer who removes a significant tree on public land without a permit to replace that tree with at least double the canopy of tree(s) as well as paying a fine I hope you all vote tonight to send the tree ordinance to the council with a favorable recommendation, and I hope the Council passes it quickly. Sincerely, Lee Farris, 269 Norfolk St. VP, Cambridge Residents Alliance 1

ATTACHMENTN Feb. 14, 2019 Re: Tree Protection Ordinance Amendment Dear Ordinance Committee Members, The Committee on Public Planting believes it is crucial to act now to stem the accelerating loss of tree canopy in the City. The Urban Forest Master Plan Task Force is currently working to broaden and strengthen the Tree Protection Ordinance. In the interim while they finish their work, we urge increased tree protection due to development/infill projects that clear cut land of all trees rather than designing or working around trees. We urge the Ordinance Committee to approve an interim ordinance that: 1. Functions to protect trees on private property against removal. 2. Gives a clear definition of what is a significant tree, and which trees are exempt, e.g. dead, dangerous, or "nuisance" trees. 3. Informs all residents about the ordinance. Every time a significant tree is cut down, even if it is replanted, we lose canopy that will take decades to replace; and we lose more of our green infrastructure that is fundamental to a sustainable future. Sincerely, Committee on Public Planting Maggie Booz and Florrie Wescoat (Co-chairs) Seanna Berry, Paula Cortes, Chantal Eide, Sophia Emperador, Michael Hanlon, Nancy Jordalen, Joan Krizack, Carolyn Matthews, Ann MacAdam, Nancy Phillips, Cynthia Smith

AFTACHMENTO Lopez, Donna From: Bjorn Poonen < [email removed]> Sent: Sunday, February 10, 2019 11:31 AM To: City Council Cc: Lopez, Donna Tree Ordinance Subject: (Dear Donna Lopez: Please include this message in the agenda of the February 14, 2019 Ordinance Committee hearing.) Dear Ordinance Committee: If you are successful on February 14 in developing practical regulations that will prevent the unnecesary destruction of our tree canopy, there will be much rejoicing! It is urgent to have regulations in place while the Urban Forest Master Plan Task Force completes its work, because Cambridge trees are being destroyed every month in the meantime. Just yesterday a large number of trees (including some mature oaks near the Loughrey Walkway (6th St. extension)) were destroyed on the Volpe site - City Ordinance would not have protected these in any case, but it makes the remaining Cambridge trees all the more valuable. I am not sure what the best wording would be. But I would err on the side of protection simply because trees, once removed, cannot be easily reinstated. For now I would propose a complete moratorium on the removal of trees larger than a certain size, with exceptions for dead, diseased, and dangerous trees, and possibly also an exception for trees whose removal is needed for the development of affordable housing. A more nuanced ordinance could be developed after the Urban Forest Master Plan Task Force completes its work. One might also consider allowing property owners to request an exception to remove a protected tree, in case there are exceptional circumstances, but my feeling is that allowing this may lead to more abuses than positive outcomes. Sincerely, Bjorn Poonen

P ATTACNMENT Lopez, Donna From: Stephen, Naomie Sent: Wednesday, February 13, 2019 5:00 PM Subject: Message from Leslie Borden - Porter Square Please see the message below from Leslie Borden, 12 Saginaw Drive (617)868-0985 Ms. Borden wanted to express her thoughts regarding trees as follows (and regrets that she will have to miss the hearing tomorrow): "My key point is that it is paramount that we take serious action to protect our tree canopy, as it is critical for the quality and beauty of Cambridge. The focus of development is not being monitored with this in mind, particularly in Porter Square, which has lost all of its green space. Trees are important for air, flood mitigation and shade (among things). I, for one, am going to track how each council member votes on this issue. Thank you," --Leslie Borden Naomie Stephen Assistant to the City Council P: [phone removed] | City of Cambridge| 795 Massachusetts Avenue Cambridge, MA 02139 www.cambridgema.gov

Lopez, Donna ATTACHmENT Q From: CHRISTIN LESHOCK <[email removed]> Sent: Wednesday, February 13, 2019 5:16 PM City Council; Lopez, Donna To: Cc: [email removed] Subject: In support of the trees My husband and I are strong supporters of the proposed amendment to the municipal code to put a year's moratorium on the removal of a healthy tree in Cambridge. We believe that protection of the trees is long overdue and are glad for this first step. We hope you will pass this and continue to find Thank you, Christina Leshock and Robert Beerman 16 Newman Street North Cambridge

ATTACHMENT R Lopez, Donna From: Susan Markowitz < [email removed]> Sent: Wednesday, February 13, 2019 6:59 PM To: Lee Farris; Lopez, Donna; City Counci Support amendment to prevent healthy tree remova Subject: Dea writing tonsuper the amendment to the municipal code that would prevent the removal of large healthy trees for one year in Cambridge. Thank you. SUSAN MARKOWITZ 20 Oak St. Cambridge, MA 02139

Lopez, Donna ATTACHMENTS From: Kathleen O'Connell <[email removed]> Sent: Wednesday, February 13, 2019 9:38 PM To: Clerk; City Council Subject: Homeowner's Concern Regarding the Proposed Tree Moratorium Dear Madam Clerk and City Council, The City is right to be concerned about its tree canopy; it is an important part of Cambridge leading the way on environmental issues. However, the City should first address the issue of the dwindling number of healthy trees populating our sidewalks and public spaces, rather than focus on regulating the trees on private property. The resources required to implement and regulate the proposed moratorium would better be devoted to enhancing the tree canopy of Cambridge's sidewalks and public spaces. The proposed moratorium also has the potential to impose an undue financial burden on many families who are already struggling to remain residents of the Cambridge. Sincerely, Kathleen M. O'Connell 17 Hillside Avenue Cambridge, Massachusetts 02140 :

ATTACHMENTT Lopez, Donna From: Kathy Watkins <[email removed]> Sent: Wednesday, February 13, 2019 11:17 PM To: City Council Cc: Lopez, Donna Subject: tree ordinance Dear City Councilors, I want to voice my support of the proposed one-year moratorium on cutting down large trees. Large trees cannot simply be replaced by new young trees. It takes many years for a tree to reach a point where it can provide meaningful shade and other beneficial effects. Please pass this moratorium. Sincerely, Kathy Watkins 90 Fawcett St Apt 511 Cambridge, MA 02138

Lopez, Donna ATTACUMENT Y From: Edward Hoff <[email removed]> Sent: Thursday, February 14, 2019 1:06 AM Clerk To: Subject: Requesting the right approach for supporting the city's tree canopy Dear City Council and Madam Clerk, As a longtime citizen of Cambridge and as a citizen worried about global warming, I share everyone's concern about the city's tree canopy. The city's first priority should be focusing on planting more trees on our sidewalks and in public spaces. That is what I have seen to be the major problem in the 35 years I have lived in Cambridge. Far too many trees have been removed from sidewalks without being replaced, including in our neighborhood, and there are not enough trees in the parks across Cambridge. The city should not devote its resources to regulating trees on private property. There will be many problems with this approach. Many times, trees are replaced on private properties because one tree has become diseased or has died and then the property owner plants another tree. That is what has happened on our property. Our neighbors asked us to remove a tree that was diseased before it fell over into their yard. We did that and then we planted two other trees. A regulatory system would have made this constructive process much harder and less positive. We need to be wise about how we approach this priority. The city should focus first on planting more trees on sidewalks and public lands. Thank you. Ted Hoff 17 Hillside Avenue Cambridge, MA 01240

Lopez, Donna ATTACHMENT V Robert Winters <[email removed]> From: Sent: Thursday, February 14, 2019 9:54 AM To: Carlone, Dennis; [email removed]; Devereux, Jan; Mallon, Alanna; Siddiqui, Sumbul; [email removed]; Toomey, Tim (home); Zondervan, Quinton; Marc McGovern; Lopez, Donna Subject: Ordinance Committee - Feb 14 hearing on Tree Ordinance I may not be able to attend or stay around to speak at the Feb 14, 2019 Ordinance Committee hearing on the Tree Ordinance due to teaching responsibilities, so I hope this message will suffice. I have some concerns regarding the proposed amendments to the Tree Ordinance and the secondary proposal for a moratorium on tree removal except for "dead, diseased, or dangerous" trees. Sometimes the decision to remove a tree is not so clear cut. In fact, homeowners often have to weigh multiple factors before making the often agonizing decision to remove a tree. At the very least, anything that comes out of this process should permit at least some flexibility for homeowners as well as for the City Arborist and the Department of Public Works. I have a very practical concern right now. I have an ash tree whose trunk leans significantly toward my house, that has already lost upper branches, that has branches that rest directly on my roof, and which currently does double-duty as a utility pole with an Eversource anchor screwed directly into the tree and live electrical lines draped over a branch. The Emerald Ash Borer may very likely kill this tree in another year or two anyway, and I have to make the practical decision whether or not to remove it while I'm dealing with all of these other factors. Eversource has been most unhelpful, but when they finally get around to addressing the electrical issue I have to decide how to proceed. This is not the willy-nilly removal of a tree just for the heck of it. The proposed moratorium completely ties MY hands. What may have happened in Alewife or elsewhere has NOTHING to do with my situation. I am quite sure that there are many other Cambridge homeowners who are in similar situations where they may have to regrettably decide to remove a tree because it's the only sensible thing to do under the circumstances, and they should not be made to pay an onerous fine simply because they had to make a difficult decision. I would also like to emphasize that in many cases an existing tree is actually restricting the ability of other trees to grow and thrive. The rather simple-minded proposal that any tree removal should be coupled with a tree replacement ignores the fact that there may already be healthy trees that will grow and thrive and replace the tree that is to be removed. This is precisely the situation in my yard and the abutting yards.

In short, any proposal that comes out of the Ordinance Committee and which will ultimately be voted by the City Council MUST include some flexibility for homeowners who have to make a difficult decision. It would be irresponsible to do otherwise. Robert Winters 366 Broadway Cambridge, MA

Lopez, Donna ATTACHMENTU From: gile beye < [email removed]> Sent: Thursday, February 14, 2019 9:51 AM To: City Council; Lopez, Donna Cc: [email removed] Subject: Support for trees Dear Cambridge City Councillors, I am troubled by the extensive cutting of trees in Cambridge. It alarms me that projects like the Volpe Center which will remove almost 200 trees are approved. Let's make trees a priority in Cambridge. Let's encourage (demand) architects and engineers to save the trees when they present project plans. Their job is to be problem solvers. If we make trees a priority then they will solve around them. Cutting down trees is not good development. We all learned last year with the presentations for the Climate Readiness Ordinance that trees are important for protecting the environment and slowing climate change. I am in favor of an amendment to the Municipal Code that would prevent the removal of large, healthy trees for one year in Cambridge. Many of your constituents have shown up at Inman Square, at Wheeler Street, and at City Council meetings to show their concern about trees in Cambridge. Please support us by supporting this amendment. If you decide that it is not in the best interest of Cambridge or the residents for you to vote for this amendment, I look forward to hearing in detail why it is you voted the way you did. Sincerely, Gile Beye 18 Harrington Road Cambridge, MA 02140

ATTACHMENT X Lopez, Donna From: Renee Scott < [email removed]> Sent: Thursday, February 14, 2019 10:40 AM To: City Council Clerk Cc: Subject: Support of proposed amendment $8.66.040 Dear Honorable Cambridge City Council, I am writing to you to express my hope that you will support the amended changes to $8.66.040 to require a permit to remove a tree. I live in Somerville and know from my experience here for 20 years that we do not value our trees enough. This, sadly, is a regional problem. It's not that people don't like trees, but they are lower on the list of important things. For the health of our planet, our State, our region, our children, and our grandchildren, we must keep as much of our tree canopy as possible and work hard to increase it. Somerville looks to Cambridge for the right way to legislate. We're like the little sibling, who admires and learns from their older brother or sister. So please, be a shining example to your struggling neighbor and show us how to take care of our trees and make them a priority. Warmly, Renée Scott Green & Open Somerville A place for people interested in improving and increasing Somerville's green spaces to leam more and join together to make a difference. Read our blog | Follow us on Twitter | Like us on Facebook

Lopez, Donna ATTACHMENTY From: Alice Heller < [email removed]> Sent: Thursday, February 14, 2019 1:55 PM To: Lopez, Donna Subject: re Tree Ordinance Sent to the city council : Dear Cambridge City Council and Mayor McGovern: Please consider not only passing the tree protection ordinance currently under consideration but also increasing enforcement of the ordinance to address the rampant tree removal that is happening all over the city. We are doing a great disservice to our future generations by removing the natural remedy for combatting climate change. We know that trees improve air quality, help with increased, flooding (by reducing and slowing runoff), provide shade and refuce the heat island effect, and improve overall quality of life for those who live in the city. The consequences from changing the already threatened diverse landscape of this city are already evident. Trees are being cut down everywhere | look. Inman sq. looks like an The loss of natural habitats for other creatures are also cause for concern. The city is losing its aesthetic beauty and the younger generations are turning to computers instead of the outdoors. This is not a legacy I would want to hold. Your decisions will impact many others for a long time to come. I thank you in advance for understanding the urgency of protecting our trees and acting immediately. Sincerely, Alice Heller 22 Cpl Burns Rd

Lopez, Donna AMACNMENTZ Abra Berkowitz <[email removed]> From: Sent: Thursday, February 14, 2019 5:33 PM To: City Council; Lopez, Donna Support for Amendment to 8.66.055: We Need Laws to Act for the Common Good Subject: Dear Honorable Mayor McGovern and City Councillors, I write to you to offer my support for the amendment to 8.66.055 to the Municipal Code. Though we live in a place where science matters and equity isn't just a buzzword, we've seen a dramatic decline in a key player in the health and wellbeing of all residents, trees. We know that climate change is real, that trees keep us cool, provide animal habitat, anchor topsoil during flooding, and clean both our air and our groundwater. We know that they provide a sense of calm and playfulness for folks of all ages. And yet, we're losing our trees- why? After reading several journal articles on the topic and examining data from CDD, I've come to the conclusion that it is--in part--because our residents, a majority of whom are now tenants, have lost the power to make decisions over the plot of land on which their home sits. Over the past ten years, the percentage of residents owning their homes in Cambridge has decreased; the percentage of residents renting their homes has increased. There is nothing wrong with renting! I'm a tenant myself, and I like it very much. That said, our residents have lost the guarantee that they will be linked to this community for the long haul. They've lost an incentive to operate in a manner that best serves the common good, and, perhaps more importantly, lost the means to do so because they are no longer responsible for making decisions about the trees on their rental property. Studies in the fields of sociology and land use planning have found that norms regarding the maintenance of private outdoor space--the soft rules for ways of acting; in this case, ways of landscaping--dictate behavior when neighbors feel a greater connection to their community, and a greater desire to be viewed positively (Robbins 2007; McAdams 1998). In Cambridge, we often follow a norm of acting in a manner which promotes community well-being. Unfortunately, we can no longer assume property owners will follow community norms to ensure our city's healthy trees on private land remain intact for the benefit of the common good. We need laws. The decrease in our city's canopy is proof of that. Therefore, I ask that you pass the amendment to 8.66.055 to add, "No such permits will be issued for one year subsequent to ordination except for dead, diseased or dangerous trees." We are a growing city of renters who want our health and welfare preserved, even if we don't own the land on which our homes sit. There will be opposition from some community members who are concerned about their abilities to maintain the trees on their property. My former landlord, in his mid-seventies, had intended to cut down a tree on his property because his arthritis made raking the leaves and cutting branches very difficult. This concern is understandable. With help, however, our residents like my landlord can maintain their healthy trees. My landlord chose not to cut down the tree because his tenants and family members agreed to help him with maintenance. Imagine if we used some of the money from the Tree Replacement Fund to pay for leaf removal and tree maintenance services for our elderly or disabled folks? The possibilities are endless. We can ensure the health and wellbeing of residents for many generations to come. While temperatures will rise and storms will increase in severity, Cambridge could remain a place where

its most vulnerable residents aren't at risk of dying from heat stroke or losing everything in a catastrophic flood. Thank you for your consideration! Best, Abra Berkowitz 632 Massachusetts Avenue #404 Cambridge, MA 02139 2