10/16/2023 ANNUAL TOWN MEETING - Laserfiche WebLink

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Article 6 To see if the Town will vote to add new Chapter 175: Tree Preservation Bylaw to the Mashpee General Bylaw as follows: CHAPTER 175: MASHPEE TREE PRESERVATION BYLAW §175-1 PURPOSE & INTENT The Mashpee Tree Preservation Bylaw encourages the preservation and protection of certain trees on residential, commercial and industrial lots during building activities as defined in this Bylaw and monitors for their survival after construction. The preservation of existing trees and the promotion of new tree planting is a public purpose that protects the public health, welfare, environment and aesthetic character of the Town of Mashpee and its citizens. Trees serve a variety of functions that this Bylaw intends to protect and enhance. These valuable functions include but are not limited to reducing energy consumption, providing shade, improving air quality, providing vital wildlife habitat, erosion control, reducing stormwater runoff, buffering noise pollution, increasing property values, and positively contributing to the visual character of the Town. This Bylaw defines which trees are of preservation value (“Protected Trees”) and designates the area(s) of a lot or parcel where those trees should be protected (“Tree Yard”). This Bylaw does not prohibit a landowner’s right to remove any protected tree. Removal of protected trees will be authorized so long as the property owner undertakes one of the mitigation options set forth herein. This Bylaw incentivizes the preservation of protected trees by requiring property owners to compensate for any Protected Trees that are removed, either by planting new ones or by contributing to the Tree Bylaw Revenue Account that supports the Town’s tree planting and maintenance efforts. This Bylaw does not discourage the removal of hazardous trees (as defined herein) for reasons of public health and safety nor does this Bylaw discourage the removal of a tree(s) that by size or otherwise is not subject to the protections set forth herein. §175-2 DEFINITIONS The following words, terms, and phrases, when used in this Bylaw, shall have the meaning ascribed to them in this section: AGGREGATE DIAMETER: The combined diameter of a multiple-trunk tree measured at breast height. BUILDING ACTIVITY: One of the following types of work performed on a lot:  Work performed pursuant to a special permit (as defined in MGL Ch. 40A Sec. 9 and the Mashpee Zoning Bylaw);  Work performed pursuant to site plan approval (as defined in the Mashpee Zoning Bylaw);  Construction of a new dwelling (including after razing an existing dwelling);  Construction of a subdivision;  Construction of a structure or addition that increases the gross floor area of a residential, commercial, or industrial structure by 50% or more; 6