11-04-96 v TREE CONSERVATION BOARD
Minutes of November 4 , 1996
The Board held its regular meeting on Monday, November 4 , in
the City Commission Chambers . Present were :
Hope Van Nortwick, Chairperson Judy Jacobson
Mae Jones Rick Beaver
Staff: George Worley, Designee Carl Walker, Coordinator
Hope Van Nortwick called the meeting to order at 7 : 30 PM.
The first application for tree removal was on Lots #3 & #4 ,
Block #168 & #169 , Sec . H . Ernest Alford, property owner,
was present for the review of the application. The plans
include designation of those trees to remain on the lot for
mitigation for the proposed removals .
Board members reported that tree clearing had already taken
place when they went to the property for an on-site inspect-
ion. Mr. Alford explained that he was unfamiliar with the
correct procedures and the trees within the building pad area
were removed prior to a permit being issued. Don Ford, in-
spector, became aware of the unauthorized removal and issued
a "stop work" order at the site . Additionally, photographs
taken at the site and of the removed trees were distributed
to the Board.
During discussion of the violation, Judy Jacobson pointed out
that the applicant is not a professional builder, that the
quality of the plans is good, and that an adequate number of
trees are to remain on the property as a canopy. However,
she voiced that it should be noted for the records that the
tree removal had occurred prior to Board approval . Mae Jones
asked that the applicant assure the Board that no further in-
cidents of removal occur if the owner develops adjacent pro-
perty. Further discussion of the violation followed.
Judy Jacobson moved to approve the plans , as submitted, in-
cluding the preservation of trees so designated. Rick Beaver
seconded and the motion carried unanimously.
Donald Moses , property owner, addressed the Board on the re-
moval application for Lot # 8 , Oceanbreeze. The purpose of
the removal request is so that a satellite dish on the lot
can be relocated to a less visible location on the property.
This is being proposed in an effort to satisfy other home-
owners within the Oceanbreeze community.
Mr. Moses stated that removal of the trees shown on the ap-
plication was required for reception purposes for the satel-
lite dish. In its present location, the only trees removed
and/or trimmed were less than 6" DBH, according to Mr. Moses.
The Board expressed difficulty in considering the application
since the survey submitted did not show the zones nor the
location of the trees proposed for removal or to remain on
the property. It was also recommended that the dispute be-
tween Mr. Moses and the Oceanbreeze homeowners be resolved
prior to action being taken on the removal request so that
tree removal would not be an unnecessary action.
Arnold Tritt asked to be recognized by the Chair and intro-
duced himself to the Board as an attorney representing both
the Oceanbreeze Homeowners Association as well as Mrs. Van
Cleve, who owns adjacent property and has allowed Mr. Moses
to use that property for placement of the cable to connect
to the satellite dish. Mr. Tritt expressed that the Ocean-
breeze covenant and restrictions forbid any satellite dishes
in the development. He also pointed out the objection to
trees being removed for the sake of "air space" and stated
that Mrs . Van Cleve opposes any loss of trees for that pur-
pose .
Kirk Hanson identified himself as President of the Homeowners
Association of Oceanbreeze and gave the Board a brief back-
ground on what had transpired regarding the placement of the
satellite dish. He also voiced objection to the removal of
the trees pointing out that they provided an attractive buf-
fer between the lots.
Mike Grossberg introduced himself as a resident of Ocean-
breeze and reiterated the value of the trees as a buffer
and pointed out that the magnolia tree proposed for removal
was very attractive as well as the oaks presently on the lot.
Mr. Moses responded that he had spoken with Mrs . Van Cleve
who had not expressed any problem to him regarding the pro-
posal and that only 3 trees bordered her property.
Hope Van Nortwick explained that the issue between Mr. Moses
and the Oceanbreeze residents should not play a part in the
action taken by the Tree Board. However, she stated that the
application and plans in their present form did not comply
with requirements and would make it difficult for the Board
to give proper consideration. Following additional discussion
with the applicant, the Board, by consensus, agreed to defer
action on the application until it was properly submitted.
- 2 -
•
Under old business , Jim Milligan, contractor, representing
Sandar Industries , introduced himself to the Board and ad-
vised that a change was being requested to the plans pre-
viously approved by the Board. The change , as explained by
Mr. Milligan, basically altered the specie of some of the
required replacement trees as the mechanics of placement of
the larger trees did not work out. The revision does not
change the trees to be removed or the total number inches of
replacement . It also , according to Mr. Milligan, complies
with the ordinance requirements. The ten tree additional re-
placement required by the Board is unchanged.
Following discussion and questions from the Board, Rick Bea-
ver moved to accept the plans , as revised. Judy Jacobson
seconded and the motion unanimously passed.
In other business , the Board commended Don Ford, building in-
spector, for his work in enforcement of the ordinance. There
was further discussion by the Board as to action which should
be taken if there are further tree removals without prior
approval . It was generally agreed that each case would be
determined on the individual circumstances.
George Worley reported that Kent Theaters was submitting a
revision of the landscaping and parking at the Atlantic Thea-
ter location. This will be reviewed by the Community Develop-
ment Board at their next meeting . Judy advised that the
"tracking chart" which she prepared is now up to date on
Board actions and she suggested that a copy be distributed to
the Board members on a quarterly basis .
Mae Jones passed around photograph/postcards she had received
of the old Continental Hotel showing existing trees. She
brought out that estimating the exact age of the trees or
date of planting would be difficult or impossible.
Judy Jacobson moved to approve the minutes of the last meet-
ing , as read. Mae Jones seconded and the motion unanimously
passed.
With no further business , the meeting adjourned at 9 : 35 PM.
1161 ' pr
Richard Beaver
Secretary
- 3 -