Conservation commission allows tree removals for rooftop solar at 18 Lake Shore Drive with planting conditions

The Arlington Conservation Commission on July 9 approved a conditional determination allowing limited removal of Norway maple trees at 18 Lake Shore Drive to allow a proposed rooftop solar power purchase agreement (PPA), with specific replacement and monitoring requirements.

The commission's vote followed a public hearing in which homeowner Cecilia Franzel and her husband, Robert Gawicki, said removing up to four Norway maples — two of which are within the commission's outer 100-foot buffer — is needed to make the PPA financially viable. Gawicki said the company's initial assessment indicated the array would not be viable unless the trees were removed: "if these 4 Norway Maples ... come down, the project then becomes financially viable." The applicants proposed replacing removed Norway maples with winterberry and other native plantings.

Commissioners discussed the town's replacement rules under Section 25 of the conservation regulations, which tie replacement quantity to tree diameter; commissioners noted the two trees in the commission's jurisdiction measure about 7–9 inches DBH. The regulation's replacement table calls for three replacement trees for deciduous trees in the 6–10" DBH range, though commissioners stressed the commission has discretion to adjust requirements based on site constraints and mitigation value.

Using that discretion, Commissioner Susan Chapnick moved that the commission issue a positive jurisdictional determination (an RDA in jurisdictional area) and impose conditions: require two winterberry shrubs planted within the outer 100-foot jurisdictional buffer, allow two winterberry shrubs outside the jurisdictional area, and require two small native trees (species to be approved by the conservation administrator, David Morgan) to be planted in the front yard within the jurisdictional area; plantings must survive for three years and be monitored annually by staff. David Kaplan seconded the motion. The commission closed the hearing and voted in favor of the conditional determination by roll call; all voting commissioners recorded "yes."

Chair's remarks emphasized the commission would act on the application before it rather than reconfiguring the proposal: "we have an application in front of us... let's deal with this one instead of imagining what could be better." David Morgan confirmed he will write the decision and work with the applicants on final species selection and placement; the decision is typically produced within about a week.

The applicants were advised that planting timing should avoid the current drought conditions and that staff will check survivability annually for three years. The commission did not require a Notice of Intent (NOI) for this work and limited its conditions to the replacement plantings and monitoring outlined above.

The commission's action allows the applicants to proceed under the stated conditions; questions about timing, final species selection and planting locations are to be coordinated with the conservation administrator.

The commission moved on to other agenda items and recorded continuances for other hearings to July 23.