Somerville resident Mike Grunko stands next to a walnut tree on his property at 51 Berkeley Street the morning after attending a public hearing at City Hall.

By Denise Keniston

The hearing on proposed changes to the Somerville Zoning Ordinance that would regulate the removal of significant trees from all private property, including residential property, attracted residents for and against the ordinance on Tuesday, March 12.

Somerville resident Mike Grunko is in favor of a proposed ordinance regulating trees on private property. Grunko says the ordinance still needs work before getting passed, but he believes something needs to be done to save Somerville’s trees. “If we allow trees in our yards to grow, and we encourage them, that really helps our environment. The trees in our yards provide a place for wildlife, such as birds and other animals,” says Grunko, “We need to get away from paved yards that allow for run-off, and we need to have green things growing in our city.”

The particulars of the Tree Preservation Ordinance will be worked out over the coming months and, should it pass, will affect homeowners like Mike Grunko. But, the immediate battle is between the city of Somerville and developers looking to cash in on Somerville’s “buy and flip” real estate mania.

“Private developers are coming in and buying up properties and cutting down all the trees and putting up this suburban-style landscaping which is apparently what luxury condo-buyers want,” says ordinance co-sponsor Ward 5 Councilor Mark Niedergang. “But, they’re getting rid of a lot of our trees, and it’s really just beginning, and we’re going to lose a lot of our tree cover. The trees on private property shouldn’t be up for clear-cutting by developers.”

Residents were both for and against the proposed tree ordinance at Tuesday’s public hearing.

Niedergang cites the property at 21 Eastman Rd. in Somerville. The developer, who didn’t respond to our calls for an interview, purchased the property, demolished the building and clear-cut the existing tree stand.

According to Niedergang, in a recent conversation, the developer stated he rushed to clear-cut the tree stand to get ahead of the passing of the ordinance. It can take a single day to cut down a 100-year old stand of trees and six months to pass an ordinance to protect them. “That is why we had to act quickly to put the ‘brakes’ on developer clear-cutting while we work to pass an ordinance,” says ordinance co-sponsor Ward 2 City Councilor J.T. Scott, “We need to address the clear-cutting of urban canopy that is happening in our neighborhoods as developers purchase and flip properties in the current condo conversion mania.”

To prevent more developers from doing the same thing, Somerville’s City Council employed a little-known legal strategy that will buy time for the City Council to thoroughly vet and, ultimately, attempt to pass the Tree Preservation Ordinance. “Zoning laws can be enforced – if they are eventually passed – as of the date on which a public hearing on a proposed zoning amendment is ‘noticed’ via an advertisement in the newspaper,” explains Niedergang, “For this amendment that date was Wednesday, February 6. If this proposed zoning law – or something like it – eventually passes, it would be retroactively effective as of that date. We hope this will give developers pause so that they do not clear-cut their properties, knowing that if something like this zoning amendment passes, they will be subject to penalties and fines.”

In the meantime, Somerville homeowners like Mike Grunko focus on the end game and how it will affect them. At Tuesday’s hearing, some residents said they feel the heavy hand of local government further interfering with their property rights as well as loading a financial burden on homeowners already paying hefty property taxes.

Somerville property owner Helen Corrigan voiced her opinion. “I understand the trees are very important, but I don’t think the city needs to take watch over me or what happens on my property,” said Corrigan, “I had a tree removed from my property because it was interfering with my pipes and I know it’s a costly proposition. To add further expense by adding a landscape architect and surveyor is too much.”

Other residents, like Rhonda Kelner, are frustrated to see the City Council turn its attention to private property owners, after seeing so many of Somerville’s public trees getting cut down. “I have ten trees in my yard. I recently had to take on a lot of tree work, and it amounted to almost $5,000,” she said. “Trees cost money. As a property owner who feeds and waters her trees and has left an entire backyard to do that – because I can grow nothing else there – I am very, very frustrated when the city calls them ‘their trees’ not my trees.”

The Tree Preservation Ordinance has broad support on Somerville’s City Council, and several members believe tree protection in Somerville is a critical step into the future. The Legislative Matters Committee meets at City Hall Chambers on April 4 at 6:00 p.m. to continue the discussion.