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HomeMy WebLinkAboutComments Miscellaneous 1/19/2010 '" - . .~. LINDA J. FURMAN GRILE The Pointe Condominiums 6S0 Harlow Rd., #249 Springfield, OR 97477-1220 -RECEIVED JAN 19 2010 January 17, 2010 By: ~ 1.d:1IA.- i.~ (o.f 2fK" REFERENCE: THE POINTE CONDOMINUMS TREE FELLING APPLICATION; DRC2010-00002 TO: City Planner Andy Limbird Thank you for providing notice concerning this pending' after-the-fact application. Please consider my comments prior to making a decision about the application and enter this letter into the record to preserve my right to appeal, although this will hopefully be unnecessary. I was the one in the family that found The Pointe during our housing search when my husband accepted his position with the City of Springfield, some six years ago. The number one attraction to The Pointe was its trees, flowers and mature well-kept landscape; otherwise I would have just driven by another barren complex. There are many of these in Springfield. I am very distressed this cutting happened without vote of the H.O.A. owners and am concerned removal of the trees has affected the value of the investment with our home. Therefore, I have taken this personally and seriously, and will continue to be involved. 1. The application itself appears to be incomplete. Of principal concern to me, it fails to accurately describe the reason far the felling [SDC S.19-120(A)]. The January 4, 2010 letter by Arborist Cummings is incomplete at best and to some extent, is misleading as it implies an inspection of trees that have been removed in violation of code requirements. 2. I believe the City should view this application in two separate considerations. One is for the eight trees along Harlow have been removed. The other is the proposal to cut even more trees. There is absolutely no evidence submitted with the application to support a conclusion that the eight removed trees were sick, much less sick to the extent that removal was necessary. The Cummings letter appears to address trees proposed for removal. The City should determine whether any of the trees removed unlawfully were diseased and if evidence of this cannot be determined, then it should be assumed that the trees were healthy; and replanting should be done to replace "like for like" as closely as possibie. 3. The eight trees removed were fine-looking trees that accomplished, among other things, improved community appearance, shade and visual interest, and improved air quality. [SDC4.2-140] The eight trees are now stumps, gone along with the amenities required by Springfield's code. Air quality degradation has occurred with removal of the trees according to one neighbor who recently commented about increased vehicle exhaust since the trees have been removed from the along the street trees. Again, replacement with "like for like" seems justified for the area impacted by the removed trees. 4. The applicant's replanting intentions remain somewhere between inadequate and a mystery. The application proposes to replant 3 deciduous trees (Red Maples) to mitigate the loss of the eight trees unlawfully removed. This is completely inadequate mitigation for the damage that has been .;-~ . . . 5. done. The eight trees once provided substantial cover, screening, etc. Three little Maples would provide disappointing cover and screening, even years from now when mature. Three little Maples are not "like for like." Further, the replanting plan shows nothing to mitigate the loss of the additional street trees proposed for removal. 6. The trees removed and those proposed to be removed are street trees, although without a property survey there is no evidence in the application to know whether or not the trees removed were privately owned or whether they were public trees growing in the Harlow right-of-way. At least one of the eight removed trees appears to be the latter. Regardless, all the living trees along Harlow are street trees in the sense that they "create a streetscape that benefits from the aesthetic and environmental qualities of an extensive tree canopy alang the public street system." [SDC 4.2-140, emphasis added] The City's codes do not favor removal of street trees except under certain circumstances. [SDC 4.2- 140(B)] There is no evidence to support a conclusion that any of the eight removed trees meet the code criteria for removal. Whether or not the application sufficiently supports a con~lusiQn that the additional trees should be removed is debatable. Some of the trees are indeed "sappy" with dead needles showing. Whether or not these are so diseased as to require removal is for you to determine, but if additional trees are removed along Harlow, the result will expose more of the T- 111 garage siding, contrary to what the City's landscaping requirements are attempting to accomplish. CONClUSION A. Correcting the Violation. The decision to remove the eight trees was not well-considered. It doesn't seem that many of the H.G.A. members realized what was being done until it was too late, but what's now done is done for these eight stumps. An after-the-fact approval decision is in order, but subject to the imposition of conditions [SDC 5.19-130] that order replanting in the damaged area to restore the benefits previously being accomplished by the trees that were unlawfully removed. Restoration should be "like for like" as much as possible. As I understand it, no fine is being imposed for the unlawful cutting that has occurred. The H.G.A. should appreciate this and invest in a quality restoration action. Clearly, three little Maples are not an "extensive tree canopy alang the public street system B. Proposed Additional Tree Removal. If any additional trees are approved for removal, the City should order planting sufficient trees or shrubs to maintain the extensive vegetative cover that currently screens the garages along Harlow. Thank you for considering these comments. I hope to receive notice of your reasonable decision concerning this application. Sincerely, ~~~~. Linda J. F man Gnle RECE~VED Copy: H.G.A. Board of Directors JAN 1.9 2010 By: .~ <lJFG Letter to City 1'1" Pointe Tree Felling Applic<ltioll_17J':1Il201O>