...public shade tree...

Thank you for bringing this to our attention. Public shade trees are defined by M.G.L. 87, Sec 1, as trees within the limits of a public right of way - (there are exceptions where a public tree can be planted for the purpose of public shade on private property). This tree is on private property and is not considered a public shade tree. We will notify the owners of your safety concern by mail.

M.G.L. 87, Section 1. "All trees within a public way or on the boundaries thereof including trees planted in accordance with the provisions of section 7 shall be public shade trees; and when it appears in any proceeding in which the ownership of or rights in a tree are material to the issue, that, from length of time or otherwise, the boundaries of the highway cannot be made certain by records or monuments, and that for that reason it is doubtful whether the tree is within the highway, it shall be taken to be within the highway and to be public property until the contrary is shown." I believe the location of this tree satisfies the legal definition. In addition, since falling dead limbs could damage traffic passing in the public way or injure or even kill pedestrians in the public way, the city should err on the side of caution and assist in removal.

Issue 6423739 has been marked as a duplicate of this issue.

The tree is clearly within the limits of private property, making the tree something other than a public obligation. The owner of the tree will be notified.

The property owner has been notified by mail of your concern.

Thank you