Select Board To Exanibe Tree Warden Position

 HARWICH - Trees have been a major focus in recent years, with residents concerned about clear cutting in subdivisions in preparation for development and the removal of trees in historic Harwich Center.

For many years Harwich employed a part-time tree warden, but the position was cut after a failed budget override in 2005 and the duties were shifted to the director of the department of public works. 

“I’m not sure [the DPW] had the same fervor for protecting trees,” Select Board member Donald Howell said at the board’s Nov. 12 board meeting. “I’m not sure it was a good idea to give a specific task to a specific person to be watched over.”

The late Raymond “Link” Thacher served as the town’s tree warden for many years and did a terrific job, Howell said, working with a crew until the failed override expunged the $12,000 budget. Howell said the DPW has also done a terrific job over the years 

“I have competing demands and I don’t look at it through the same lens,” admitted DPW Director Lincoln Hooper, noting that he has statutory authority as a DPW director to remove any diseased trees or trees that are impediments to travel along roadways. If the department is building a sidewalk or widening a road, “I can remove them under my authority,” he said.

 The procedures for a tree warden are different and include a public hearing for removal if certain standards are not met, Hooper said.  

 “We’ve rarely cut back and did have a tree planting program that Link Thacher had that we kept going,” Hooper said. “But the longer I’ve been in this business, I realize that trees are a problem next to the roadway from root damage and wires.” Trees are often cut by utility companies, he added. “Quite frankly, I’d rather have electricity than a beautiful tree. The tree warden would look at that through a different lens.”

Resident Matthew Sutphin has protested the cutting of major trees in front of Brooks Free Library along Main Street. He is an advocate for restoring the tree warden position. In a letter read by resident Tom Flynn on his behalf, Sutphin said the town has provided support for the Harwich Conservation Trust through the use of Community Preservation Act funding, but on the other hand there has not been as much support for trees. He called for a middle ground, and took issue with the cutting of trees in front of the library that had disrupted what he termed as a few sidewalk bricks. The bricks and tree roots can be shaved to preserve the trees, he said.

 “While safety has to be considered, a tree warden will have a full tool kit, so safety does not have to become a cudgel,” Sutphin wrote. A tree warden could not cut down the trees without a public hearing, he added.

 “Harwich has determined a highway supervisor can remove trees by his own authority, or directed by the board. It is unfortunate the town has put the tree warden responsibility on the shoulders of the DPW director and appears unwilling to have an impartial tree warden to do the work of the town. The law requires the town to have one,” Sutphin wrote.

“In any city or in a town which exceeds 10,000 inhabitants and which provides by vote, bylaw or by ordinance that the tree warden shall be appointed, such appointment shall be made  … by the board of selectmen,” according to state law. “In such city or town, the tree warden shall exercise the duties of tree warden and of insect pest control. Such tree warden shall be qualified by training and experience in the field of arboriculture and licensed with the department of food and agriculture.”

Flynn referred to what he termed a "magnificent tree” that was cut in front of the Eldredge Library in Chatham. He said that was a shame because trees are beautiful and they make a town look better. (The Chatham tree was removed because its roots impeded plans to redo the sidewalk in front of the library.)

Hooper said he has had tree expertise in his department. Brian Albee, a newly appointed road supervisor, is a horticulturist and has been acting as the department’s tree warden since the position was lost in 2005, Hooper said.  

Select Board member Jeffrey Handler asked if the return of a tree warden would require a town meeting vote. Not if it is a part-time position, according to the charter, Assistant Town Administrator Meggan Eldredge said. Handler said he would be in favor of restoring the tree warden to add another tool in the town’s tool box, but he wanted more information on the cost  and criteria for the employee.

Howell said he was kind of in favor, adding the cost might be $17,000 to $18,000, but the funds could be located in the town’s general budget. 

Select board member Michael MacAskill said he’d hate to require a tree warden because of the Brook Library issue, given the trustees and the historic district and historic commission had exhaustive discussions on the matter.

“I want to see qualifications so we’re not just getting someone with a personal agenda, who just doesn’t want to see trees cut down,” MacAskil said.

Resident Patrick Otton said the state statutes spell out the credentials for a community under a population under 12,000, which includes being a certified arborist; having three years supervisory experience in commercial and municipal tree care; and obtaining a state pesticide license within 90 days of employment. 

Select Board Chair Julie Kavanagh said the board will seek more details on the qualifications and cost estimate for the position and discuss the matter further at a future meeting.