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10-15-01 v , .# 0 AGENDA REGULAR MEETING OF TREE CONSERVATION BOARD October 15, 2001 7:30 p.m. City Hall Commission Chambers 1. Call to Order 2. Swearing-In of Members 3. Election of Chair and Secretary 4. Recognition of Visitors 5. Approval of Minutes of Meeting of October 1, 2001 6. Old Business A. Tree Removal Applications • 7. New Business A. Tree Removal Applications 1) 371 8th Street 2) Lot 30, Block 1,Beachside 3) South 1/2 of Lot 10,Block 1, Donner's Replat 8. Reports and Announcements 9. Adjournment 0 If any person decides to appeal any decision made by the Tree Conservation Board at the above meeting, he will need a record of the proceedings,and for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony of evidence upon which appeal is to be based. ` M MINUTES OF • TREE CONSERVATION BOARD October 15, 2001 A regular meeting of the Tree Conservation Board was held Monday, October 15, 2001, in the City Hall Conference Room. Present were Richard Bell, Judith Jacobson, Barbara Mears, Carol Rockwood, Maureen Shaughnessy, Building Official Don Ford and Susan Dunham. 1. Call to Order The meeting was called to order at 7:30 p.m. 2. Swearing—In of Members The City Clerk swore in all Tree Conservation Board Members. 3. Election of Chair and Secretary A motion was made by Board Member Jacobson, seconded by Board member Mears and unanimously carried electing Board Member Bell for the position of Chair. A motion was made by Board member Rockwood, seconded by Board Member Jacobson and unanimously carried electing Board Member Mears for the position of Secretary. 4. Recognition of Visitors None. • 5. Approval of Minutes of Meeting of October 1, 2001 A motion was made by Board Member Jacobson, seconded by Board Member Mears and unanimously carried to approve the Minutes of the Tree Conservation Board Meeting of October 1, 2001. 6.A. Old Business/Tree Removal Applications 1. Lots 4 and 5, Block 244, Lots 4 and 5, Block 245, Section H: Building Official Ford advised the Board that this item was not a tree removal application but a review of an existing project. He stated that at the last Tree Conservation Board meeting he was tasked to draft a motion for this matter with the assistance of the City Attorney. Building Official Ford stated that the City Attorney was out of the office at a trial all week and,therefore, he was unable to meet with him. Building Official Ford further stated that he would bring a letter to the next Tree Conservation Board meeting that contains the legal motion for the Board's review. 7.A. New Business/Tree Removal Applications 1. 371 8th Street: This agenda item was addressed after agenda item 7.A.2. 2. Lot 30, Block 1, Beachside: Mr. Chris Lambertson, builder, and Sandra Taylor, owner, introduced themselves. Mr. Lambertson explained that there are no variances being requested for this construction and they attempted to save as many trees as possible. Chairman Bell advised the applicant that the 22"palm was a 17.5"palm and the 19"triple oak was a 20" triple oak. Discussion ensued with regard to the health of the 8"oak. Mr. Lambertson stated that there were some very significant rotted areas in the tree. Chairman Bell stated that one branch had shoots growing out of it and,therefore, was alive. Building Official Ford advised that with regard to this tree • splitting at ground level, anything that is lower than 54"in height above the ground should be considered a branch, not a tree. ' .Minutes of Tree Conservation Board October 15, 2001 Page 2 • Chairman Bell stated that since two of the branches lie across the ground and do not reach 54",those two branches would not be counted and the tree would be considered an 8"oak. Chairman Bell encouraged the applicant to transplant the 17.5"palm. The Board advised the applicant that replacement trees must be a minimum of 4"oak and could not be planted closer than 10 feet apart. A motion was made by Board Member Jacobson to approve the application and direct Building Official Ford to issue a permit for the removal of 20" of protected oak to be replaced with 10" of oak planted on site. Discussion was held with the applicant with regard to his preference of mitigation. Board Member Jacobson withdrew the motion. A motion was made by Board Member Jacobson, seconded by Board Member Mears and unanimously carried to approve the application and direct Building Official Ford to issue a permit for the removal of 20" of oak to be mitigated with 10" of oak either preserved on site or planted as new. 1. 371 8th Street: Mr. Steve Geuther introduced himself and stated that the trees have been removed from the lot. He further stated that this was not a willful intent on his part but a poor interpretation of the ordinance that the trees removed were not protected. Mr. Geuther submitted pictures to the Board of the lot prior to the removal of the trees. The Board discussed the cedar in the front of the lot which is not indicated on the survey and agreed that this is a bush. Mr. Geuther informed the Board that he is going to • contact Kelly Elmore or Early Piety with regard to the condition of the 24"hardwood. He further advised that the trees removed are not protected. Building Official Ford advised that it is up to the Board to determine whether to charge the applicant for the trees. He reminded the Board that the applicant has taken complete responsibility for the trees being removed. Board Member Jacobson expressed concern on setting precedent. The Board determined that in this particular case, since the applicant has photographs, he would not be charged. However,the Board determined that in future cases, if no photographs were taken, an applicant would be charged inch for inch for any trees removed. Building Official Ford addressed the 24"hardwood and stated that he inspected this tree several years ago and even then it was in bad shape. He further stated that if the tree is dead or dying,the applicant could remove the tree without a Tree Removal Application. A motion was made by Board Member Mears, seconded by Board Member Jacobson and unanimously carried to approve the application and direct Building Official Ford to issue a permit for the retroactive removal of three unprotected trees that have already been removed based on evidence presented to the Board in the form of a photograph and,that in the event a certified tree arborist recommends the removal of the 24" hardwood, that the removal of that tree be approved administratively. 3. South '/s of Lot 10, Block 1, Donner's Replat: Mr. Thomas Huffman introduced himself. A discussion was held with regard to trees that had been recently removed. Mr. Huffman responded that he did not remove any trees. The Board requested that Building Official Ford investigate to determine who cut down the trees and report to the Board at the next Tree Conservation Board meeting. • A motion was made by Board Member Jacobson, seconded by Board Member Rockwood and unanimously carried that the application be deferred pending further information on the trees that are already cut. ' Minutes of Tree Conservation Board October 15, 2001 Page 3 08. Reports and Announcements: Chairman Bell advised the Board that he spoke with Mrs. Mae Jones who has agreed to train the new Tree Conservation Board members. Board Member Jacobson expressed concern with the legitimacy of what was occurring with regard to the cut trees on the South %Z of Lot 10, Block 1, Donner's Replat. 9. Adjournment: There being no other business or discussion,the meeting was adjourned at 8:55 p.m. Barbara Mears, Secretary III •