UPDATE: Neighbors won the appeal to save the tree. We are now working to bolster the heritage tree ordinance so large healthy heritage trees are not needlessly cut in the future. If you would like to help, please visit this website.
Most people have forgotten the shock and outrage that occurred in our community when a healthy 200 year old oak tree was removed in Ross back in 2011 despite a heritage tree ordinance that was designed to protect these important trees from development demise.
Yet, citizens are again trying to insure the intent of the heritage tree ordinance is upheld as San Anselmo town council will decide the fate of another healthy 250+ year old tree located on private property.
The dispute has been ongoing for a while now and was previous reported in two separate Marin IJ articles on September 23rd and September 24th.
At the heart of the issue is a balance between private property rights and the rights of a community. On the one hand, private property owners should be able to do what ever they want with their properties. But what happens when the thing they want to do (in this case, cut down a 100 foot heritage tree) is injurious to the beauty and character of the neighborhood. What if the cutting increases the risk of other trees falling on neighboring properties? What if leaving the tree means the homeowner needs modify their foundation so the trees roots will not affect it? When does a planned home development or remodel give the owner the right to cut heritage trees?
According to the heritage tree ordinance, "The uncontrolled removal or destruction of trees destroys the scenic beauty, contributes to erosion, increases flood hazards, reduces property values, increases the costs of the construction and maintenance of drainage systems through the increased flow and diversion of surface waters, and adversely affects the local economy by reducing the attractiveness and desirability of the area as a place to live, work, and visit. In addition, the trees of the Town are an integral part of the Town's complex environmental system, the functioning of which does not depend on or conform to the arbitrary delineations of property.
Therefore, the Council finds it necessary, as a matter of public health, safety, and welfare, to enact the provisions of this chapter to control the removal or destruction of trees within the Town; to preserve trees that are a significant part of the Town's heritage; and at the same time to recognize the individual's right to use his land in a manner which will not be prejudicial to the public interest."
The San Anselmo Town Council decide these issues on on Tuesday October, 8 at 7pm. Citizens who have an opinion on this matter are urged to come to the hearing and provide public comment.
