The Programs & Services Committee met on January 21, 2026 regarding the following. See report and meeting video.
Held
- Discussion and possible amendments on the notification process for Tree Permit applications. Committee held after straw votes showed support (8-0) for standardizing abutter notification form, but not support (3-5) for expanding notice requirements to all Tree Permit applications. Tree Warden “Commissioner Welch believed that the proposed changes would likely have a neutral effect on construction or contracting applicants but might create a small, new obstacle with residential applicants seeking to remove exempt trees.” “Vice Chair Malakie confirmed that an abutter did not have recourse to prevent or delay a tree removal after receiving notification.” Dead or diseased trees that require immediate removal can be exempt.
- Discussion and possible ordinance to incorporate tree preservation into the design process (8-0) The committee held to explore procedural changes, ensuring consideration of tree preservation before the design and permitting process. Vice Chair Malakie provided notes summarized here:
Issues with the current ordinance that the City Council sees:- Special permit applications that haven’t made an effort to minimize tree impacts (tree removals; excavation for buildings, grade changes, retaining walls, stormwater systems in Tree Save Areas, of trees intended to remain, or on neighbors’ properties
- By-right projects in NewGov; same issues as above
- End users doing a build or addition may not be aware of tree ordinance requirements when they commission an architect. Some may be aware but view trees as expendable.
- Developers are aware of the ordinance but want to maximize FAR. The cost of replacement is small in relation to profit.
- Developers see trees getting in the way of construction, even if not in the building footprint.
- Tree Preservation Plans that are not being followed in real life, e.g. protective fences not up, excavation very close to trunks
- Unrealistic plans, e.g., large maturing trees planted close together – will they still be there in 10 years? Developers do not have to worry about long-term survival/replacement.
Possible measures:
During design process - Have DRT process include tree considerations. (Have Julie Babcock available to
answer questions?) - Add Tree Ordinance question(s) to Q&A for Special Permits (current Q&A asks
about Historical and ConComm, but not trees) e.g. Are you aware of Tree
Ordinance requirements for your project? Who will be arborist for project? - Include Tree Ordinance awareness in Building Permit and Demo Permit NewGov
application. Tree permit is required before getting a building permit or demo
permit – when does this become clear to applicant? - Ideally want to be before the house/addition/project is designed. Outreach to
architects & real estate agents as NUF did with tree companies. Best practices
documents on ISD website.
Tree Permit-Construction and Building Permit applications - Plans should include expected overdig requirements overlaid on plan of trees
intended to remain (including DBH). Arborist to assess and MW to check for
reasonableness. - Plans should show proposed grade changes (+/-) overlaid on tree plan.
- Photographs of protective measures in place should be uploaded to NewGov
before any construction or demolition starts
During construction period - Tree permits are already supposed to remain posted in publicly visible locaon
during construction. Have permit include link to NewGov for easy lookup of
documents: https://newtonma.portal.opengov.com/search - Hotline – who to call to prevent irreversible damage, e.g. excavation near trunk
of large tree, tree removals with no posted permit, both during work hours, and
on weekends/holidays.
Related considerations for low-impact development - Setbacks & open green space – allow adequate room for trees
- Grade changes – some tree removals happen because builders flatten lots to
allow for cookie-cutter houses and bigger footprints instead of designing to
existing grade. Consider limiting retaining walls to retaining existing grade, not to
change grade. - Retaining walls may result in root cung or burial of roots (which deprive roots
of oxygen). Retaining walls often along property lines, potentially affecting
neighbor’s trees. - Stormwater ordinance – stormwater retention requirements should incorporate
impact of removing vs retaining large trees.
Present: Councilors Krintzman (Chair), Malakie (Vice Chair), Bixby, Oliver, Baker, Charm, Farrell, Micley.
Also Present: Councilors Leary and Roche.
City staff: Mark Welch, Acting Commissioner of Parks & Recreation; Jennifer Wilson, Assistant City Solicitor; Katie Whewell, Acting Director of Planning; John Morse, Chief Operations Officer; John Rice, Chief Community Service Officer.
