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Public Hearing Procedures

Tree Hearing

If the Tree Warden indicated you will need a hearing, the procedure outlined below is generally how the operation will flow:

  1. The public hearing is arranged, planned, and executed by the Tree Warden following this procedure.  Note: hearings are done in person and at the site of the trees subject to the hearing, unless there is a circumstance requiring a different venue for the hearing (at the Tree Warden’s discretion).
  2. The property owner (“petitioner”) must fill out this hearing request form and deliver it to the Tree Warden along with a check for $170 (made out to Town of Harvard) for the fee required to cover the public notice requirement defined by M.G.L. 87.   Note: $170 is approximate, the Tree Warden shall confirm the amount based on prevailing public notice costs at the time it is needed; the Town nor the Tree Warden profits from this expense.
  3. The Tree Warden and the petitioner shall determine a mutually-agreeable date for the public hearing, in accordance with M.G.L. 87.
  4. The Tree Warden shall prepare a public notice, on behalf of the petitioner, and submit it to the town newspaper (currently, the Harvard Press) and post it in two public places (town hall, Harvard General Store)
  5. Two weeks prior to the hearing, the Tree Warden shall affix the public notice to the tree(s) subject to the hearing.
  6. All written comments must be sent / provided to the Tree Warden 24-hours before the public hearing date and time.   24-hours allows the Tree Warden time to process written comments and discuss, as needed, with the author.

At the hearing, the following occurs:

  • Tree Warden calls the meeting to order, cites the trees subject to the hearing, announces the agenda, and asks all speakers to identity themselves (first name, last name) and provide their address in Harvard.
  • The first speaker is the petitioner.
  • The second speakers are public officials, if present.  Public officials must announce their role.
  • Any written responses received shall be read by the Tree Warden if the person is not present.
  • The third speakers are abutters and the general public.
  • During the order discussed in #6 above, the petitioner may be asked to respond.
  • When done, the Tree Warden shall close the public hearing.

Note: if multiple trees are involved, each will be taken in turn following the speaking order outlined above.

The Tree Warden shall make a decision within 7 days and communicate the decision to the petitioner.  The meeting notes shall be posted to the town web site.

In some cases, depending on the circumstances, the Tree Warden must defer decision to the Select Board.  The Tree Warden will work with the town administrator to add any trees requiring Select Board
review and approval to the Select Board’s agenda.