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The Select Board on Wednesday denied a request to remove a mature linden tree at 2 Thomas Circle and voted to continue a second public shade tree hearing involving three pine trees outside the Mary Alley Municipal Building on Widger Road.
Both hearings were held under Marblehead’s public shade tree process, which governs trees located within the public right of way and incorporates protections under Massachusetts General Laws Chapter 87.
The first hearing involved a request by Wren Sooy and Kristin Horgan to remove a mature linden tree located in front of 2 Thomas Circle.
Sooy presented photographs showing vehicle contact with the tree and said plows must maneuver widely around it. She said the tree is roughly 80 years old and has increasingly leaned toward the roadway.
“One issue, very important issue, is liability,” Sooy said. “We’ve had a number of storms in Marblehead on our street specifically and they have fallen other linden trees.”
Bob Sooy, speaking in support of the application, said the tree’s location creates traffic and visibility issues because of the lack of street lighting and frequent truck traffic.
Marblehead Tree Warden Jonathan Fobert said the tree measures approximately 22.5 inches in diameter and has remained stable for years.
“I’ve looked at pictures of this tree on Google Earth going back to 2007. That lean has been there. It hasn’t moved,” Fobert said.
He said the tree has developed structural reinforcement known as reaction wood and warned that approving removal could establish precedent.
“I’m afraid if we open up this can of worms, everybody’s going to want to take down a large linden tree in front of their house,” he said. No
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Board cites bylaw protections in denial
Fobert explained that public shade trees are protected by state law under Massachusetts General Law, Chapter 87. The board acknowledged a written submission from Pal Bickford, chair of Sustainable Marblehead’s trees and urban forestry working group, opposing removal.
During deliberations, board members said they were constrained by the legal standard.
“I generally go with what the town professional says unless there’s an egregious disconnect,” Chair Dan Fox said.
Select Board member Moses Grader said he sympathized with the nuisance issues but agreed the tree did not meet the threshold for removal.
Select Board member Erin Noonan said removal requires specific findings.
“We have to make a finding that it’s a liability or disease,” Noonan said. “Absent a professional explaining that it has any indication it would be more susceptible in a storm than any other tree, I find myself constricted to the bylaw.”
The board voted unanimously to deny the application.
Pine tree decision continued over infrastructure concerns
The second hearing involved a request by building commissioner Stephen Cummings to remove three pine trees located on town property near the Mary Alley municipal building on Widger Road.
Cummings said debris and sap from the trees have fallen onto a newly installed EPDM rubber roof, which cost approximately $450,000.
“One of my concerns is obviously branches puncturing it,” Cummings said. “The tree sap on the EPDM, heated up by the sun, dries out the roof and drastically reduces the life.”
Cummings also cited risk to the town’s fiber-optic system, which cost about $500,000.
Fobert said all three trees are generally healthy and urged caution against full removal. He said one white pine closer to the building could warrant consideration for removal, while the others might be managed through pruning.
The board also received written submissions from Sustainable Marblehead and Don Morgan urging preservation based on environmental benefits.
During deliberations, Noonan said the fiber risk appeared less definitive than initially believed.
Town Administrator Thatcher Kezer suggested focusing first on the white pine posing the greatest roof risk.
Fox said the board needed additional information before making a final decision.
The board voted unanimously to continue the hearing to March 25 to allow additional review, potential pruning assessment and coordination between the building department and the tree warden.
Under the town’s shade tree regulations, removal of public trees requires a public hearing and findings related to safety, health or public necessity.
