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16 Great Neck Road North <br />Mashpee, 34assachusetts 02649 <br />Ms. Faulkner noted all good reasons why this is needed. It does not prohibit land owners rights <br />it just protects certain trees during the removal process. If the diameter is 10 in. they have to <br />replace that tree with 5 two inch trees or get a calculation of how much a replacement would <br />cost. Protected is not dead or invasive. If it's a building activity they need to look at special <br />permit, site plan approval, construction of new dwelling including raze and replace, and <br />subdivisions. They need to look at the building activity permit and tree bylaw permit. A tree will <br />be protected for 24 months when it's planted. Terms such as critical root zone are used, which <br />is the area that needs to be protected throughout construction. Critical root zone is calculated <br />by taking the diameter and multiplying it by 1.5 feet. The term tree yard is used to describe the <br />area in which trees cannot be removed. In R3 zoning there are front, side, and rear setbacks. If <br />a tree is in the tree yard and is not hazardous or invasive, those are trees that need to be <br />protected. If you want to cut them down you have to replace and if you can't replace you will <br />pay the shortfall to the town's tree fund. The remaining question is who is the enforcement <br />agent? How is this going to be regulated? Who will define the protected trees? <br />Mr. Richardson stated it may increase building costs. Mr. Lehrer stated it may or may not <br />depending on the removal of any trees. <br />Mr. Lehrer noted the tree yard is governed in the bylaw. It is important to not burden people to <br />come to the Planning Board. It would be an administrative review and then come to Planning <br />Board for appeal. The Planning Department can process the applications but he is missing <br />boots on the ground for the enforcement. <br />Mr. Oakley asked if there was any consideration about the emissions a certain species or <br />height a tree would mitigate? Mr. Lehrer responded that is part of the mitigation figures. <br />Ms. Waygan is concerned when you apply permission granting authorities it costs a lot to <br />prepare a plan. Every house has some type of plan at the Registry of Deeds. If you have to get <br />it surveyed for $500, it's a lot. <br />Mr. Lehrer noted to do this you need a surveyor, an arborist, and an architect. Think about it in <br />relation to triggering a bylaw, special permit, raze and replace, or subdivision. If someone <br />wants to remove a tree in the tree yard but is not connected to a permit, can they remove it? <br />Presumably, you should get a simplified review. He thinks his office is equipped to take in the <br />application, process, and issue permits. He is not able to regularly visit 80 new residential and <br />more commercial sites. <br />17 <br />