The fate of the London plane tree in front of 239 Manning St. was sealed Tuesday when the Select Board voted 3-2 to allow its removal in exchange for the replanting of two other trees and other considerations.
Select Board member Cathy Dowd, who was not present to vote on its removal at a public hearing on Aug. 13, cast the deciding vote that broke the 2-2 tie that occurred last month, necessitating a continuation of the hearing.
The tree was jeopardized earlier this summer when the home on the property was torn down to make way for new construction. The owners petitioned for the removal of the tree, which is on town property, because it was not compatible with the construction plans for their new home.
The state’s Public Shade Tree Law requires the Select Board to approve any removal of a shade tree. The town’s arborist, Superintendent of Parks and Forestry Ed Olsen, reluctantly recommended the tree be removed because he believes it has been irrevocably damaged by the teardown and would not survive the construction.
Dowd emphasized she would prefer to have saved the tree but accepted Olsen’s contention that it was unlikely.
“I do not believe that if we denied this, that we would save the tree,” said Dowd. “My second reason is that I have the highest respect for Ed Olsen’s opinion as an expert, and he has recommended this.”
Dowd joined Heidi Frail and Marianne Cooley in voting for the removal, while Select Board Chair Kevin Keane and member Josh Levy stuck to their position opposing the plan.
Both Frail and Keane have advocated a study on the merits of a town bylaw to address the many issues and competing needs and interests related to trees. Frail said preliminary work has begun to assess the scope of the work and the composition of an eventual working group to lead the process.
She said the Manning Street issue revealed flaws in the town building permit process that does not account for potential damage to berm trees. She indicated that would change in the near future to require berm trees be considered before a permit is issued.
“So, although this is certainly regrettable,” she said of the decision to remove the tree, “it’s benefited future homeowners, developers and the town in that we can address the problems before they arise rather than after.”
After the Select Board meeting Keane said his vote against the removal was both symbolic and practical. “I see my role as protecting a town asset. The tree has value,” he said. “If this were a fire hydrant or a utility pole, would they take it down?”
The Select Board vote followed a presentation by John Connelly, attorney for the developer of the property, the Petrini Corporation, which is building the home for owners Michael and Deanna Virginio.
Connelly made a brief presentation of the project and why the removal was being requested. “We wanted to show an updated plan to give a picture of the lot with its constraints and limitations,” he said.
The tightness of the site, a 7,800-square-foot lot with 60 feet of frontage, was challenging, he said, especially when it came to locating its driveway while also accommodating the water, sewer and gas lines that come into the house from the street. “It’s our belief and position that that tree is not going to survive the activity of the digging and the excavations necessary to take place for those three lines.”
Connelly said his client is proposing to pay for the removal of the tree, to plant a new replacement tree on Manning and to donate another tree to be planted at the Sunita Williams School. The school was chosen in memory of Michael Virginio’s late mother, Carol, who was a longtime aide at the former Hillside School.
In addition, Connelly said his clients would engage a tree service to “nurture” a vulnerable tree on the property of the abutters at 233 Manning St., John and Terry Bergdoll, both during and after construction.
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