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CITY OF ASHLAND Cutting of large street tree sparks outrage Man who helped write city's tree ordinance wants it changed to close street tree loophole Comment By John Darling For the Tidings DailyTidings.com By John Darling For the Tidings Posted Jan. 3, 2016 at 4:48 PM Updated Jan 3, 2016 at 4:49 PM By John Darling For the Tidings Posted Jan. 3, 2016 at 4:48 PM Updated Jan 3, 2016 at 4:49 PM » Social News A former city tree commissioner who helped write the city's tree ordinance wants it changed after a 100-year-old street tree in front of a house he owns was cut down without him being notified. The towering black locust tree, planted a century ago, sat on the park row in the 300 block of B street. It reached 75 feet tall and the trunk was three feet around at chest height. A property line of two homeowners ran through the middle of the tree and they both cared for it over the years. However, after a big limb fell off, one owner, Amie Kritchman got an evaluation by an arborist, who said the tree’s internal rot and fungus and weakly-attached limbs made it a hazardous tree, posing risk and liability. The owners on the other side, Rich and Deb Whitall, 350 B Street, were notified of the tree cutting after the fact by neighbors over Christmas and, says Rich Whitall, a former chairman of the Ashland Tree Commission, were “shocked and hurt. We feel violations and extremely upset the city allowed this to happen without review or notice.” After Whitall complained to the city, assistant planner Zechariah Heck, in a letter to Whitall, called it an “unfortunate situation” adding “there is no real criteria for removal of street trees in (in the municipal code). Further, street trees do not require a public notice, nor a review by the Tree Commission.” Whitall, who helped write the city’s tree ordinance, wrote to the city that he’d taken loving care of that and all other trees on his lot over his years there, keeping it pruned, fertilized and healthy. The Whitalls moved to California some years ago, but still own the property. The tree was planted by his late friend Gertrude Lorton, when she lived there over a century ago, said Whitall, and the woman, when in her 80s, showed him a photo of her as a child standing next to the sapling, which was shorter than she. The city doesn’t have an arborist, Heck wrote, so it pays for private tree evaluations, if property owners ask for it. He adds, “If a property owner is concerned about a tree inflicting harm/damage on people or property, and they obtain an arborist report that asserts the tree is indeed a hazard, a permit is typically issued. This was the case with the black locust.” Responding to Heck’s letter, Whitall said the scar on the tree from a broken branch does not indicate “internal rot and structural defects.” Whitall disputed Heck’s statement that the arborist recommended removal of the tree, noting the report only said it “may pose more risk and liability.” City Councilor Carol Voisin, the council’s liaison with the Tree Commission, said, in an interview, “The tree was shared, as were its expenses, so they should have been notified. They and other neighbors are quite upset about it. Amie applied for a permit because she was afraid it might fall on her house … I’m asking the Tree Commission to look into city ordinances about street tree cutting permits. We need a review process.” Standing by the spot of the felled tree on Tuesday, with neighbors Dave Harrer and Rabbit (Jane Babbit), Whitall noted, “If the city indeed followed the letter of the law, there is something very wrong with the ordinance. This tree was not a potential house-flattener.” Rabbit observed, “I was horrified, in disbelief. It affects more than property values. It affects the quality of life on this street and how it looks and feels. If we are investing in the historic nature of the railroad district, we need to talk as a community to preserve a very important part of it. There was a lack of communication … It’s just a travesty … They said it was rotten to the bottom, but the photos of it laying in the street don’t indicate that. We need a second opinion on such things.” Harrer notes, “I really feel badly that it happened the way it did, with no input in the matter. Short cuts were taken.” In a letter to the city, Whitall wrote, “Prior to my time on the Tree Commission, there was no tree ordinance. I was chair during the contentious years the ordinance was debated … and passed into law. I and many others worked tirelessly for years in order to provide protection to heritage trees in Ashland. This tree removal SHOULD NOT have happened. And when it WAS approved, WHY WAS I NOT NOTIFIED? I am so angry, I had better stop here, else I move beyond civility.” A community gathering was held Dec. 27, at the tree site, celebrating a yahrzeit, a Jewish ceremony to mark a death. John Darling is an Ashland freelance writer. Reach him at [email protected]. By John Darling For the Tidings DailyTidings.com By John Darling For the Tidings Posted Jan. 3, 2016 at 4:48 PM Updated Jan 3, 2016 at 4:49 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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