In all lamentable debates on Trees, in my mind, consideration should be
given to the following:

1. Menlo Park does not need a strengthening of the ordinance to
penalize property owners with their own trees, except where the wrong
trees in the wrong places are denying the rights of their neighbors;
e.g.

a. To-be monster forest trees should be restricted from being planted
or maintained up against the property lines, fences and near buildings
of neighbors. If this has occurred the same ordinance enforcement
practices should be made as for hedge heights, building heights, fence
heights and set-backs;

b. Only drought-resistant. non-allergenic, moderate size trees with
shallow root systems at a sensible distance from buildings have room in
this small town on city lots; Our hardscape and foundations are at risk
from existing tree roots and liability from trip and falls, falling
branches and trees on to property and people are a constant threat.
When I changed insurance companies I had to cut away all branches of
trees a distance from the roof, as is the recommendation of P.G.&E and
the Fire authorities.

c. Trees that shade excessively also block sunlight, requiring extra
energy use to heat homes and to provide adequate lighting indoors (as an
aside, lawsuits have been filed due to humans suffering depression from
lack of light and solar access from the trees of neighbors.)

d. Building permits should have tree-planting landscape design
requirements with intelligent sizes and set-backs mandated. In the
case of existing hazardous trees (and there are thousands of them in the
city) recalcitrant owners should be cited for refusing to abate the
health and safety hazards to their neighbors or, in the case of the
city, to the public at large;

e. To the tree lovers (and I am one) I say that we should consider the
cruelty to trees when planting or maintaining them surrounded by
hardscape which will stifle and suffocate their roots. In Marin woods
they have replaced concrete paths with wood so that the large Redwoods
can breathe. The city trees are planted carefully and with root
barriers and correct irrigation,except when street trees are replaced on
the dedicated 3' space on private property. There they are carelessly
replaced with another wrong tree in the wrong place, without root
barriers, which are destined to damage sewer and gas lines and lawns,
finally reaching foundations of the victim homeowner.

f. Redwoods and other large forest trees do not belong in crowded urban
built environments. Building around them to accommodate new
construction is not only expensive, prohibitive of best use of building
lots, but it is cruel to the trees and is inhumane for property owners.

I second Judy's recommendation to consider the nominal amount to hire
Dave and Co. Of all the so-called experts (from P.G.E. to city and
other arborists, he is the only one who adequately assessed the
hazardous tree problem adjacent to my property which, in the past, has
caused my near electrocution and roof damage from a branch falling on a
high power line, removal of my broken, lifted patio, penetration of my
foundation by neighbor's tree root, water accumulation under my building
from sprinklers watering trees along my fence, breaking of my fence from
same tree roots, loss of heat and sunlight to unheated bedrooms and
threats by neighbor's lawyer when attempting to exercise what little
rights I have. After three owners' refusal to correct the problems I am
forced to go into court at the age of 84 after decades of stress and
deprivation to protect my life and property. (Isn't it the
responsibility of the city fathers to enact ordinances to ensure health
and safety.)

I say a resounding NO to so-called strengthening the "any old tree
ordinance" except to protect the rights of neighbors and to require the
owners of property to remove unwanted, hazardous trees, especially near
high power lines.

Who gives authority to the the city to fine people ridiculous sums for
removing their own trees to meet their housing needs and extort further
sums to plant more problem trees in this city which is already buried in
allergenic, hazardous trees in the wrong places which damage gas and
sewer lines sidewalks and driveways and threaten lives and property.

Urban forest or built environment! We need human and property rights to
prevail.
Every year thousands of people suffer loss of life, injury and property
damage
and the outrageous expense of the wrong trees in the wrong places. Let
us end the insanity once and for all.

Why do tree rights trump everything we do in this city due to a handful
of tree huggers? Do trees pay taxes? Should owners of inappropriate,
incompatible and hazardous trees pay their deprived neighbors' taxes,
medical and legal expenses?

Margaret Petitjean
A lover of the right tree in the right place!
Received on Thu May 10 12:59:46 2007