Just as you settle back and start to enjoy Cape George's beautiful summer views and the peace of a no-fireworks ban, another kind of war erupts. Strictly speaking, the war's been going on for years but has now gotten red hot right along with global warming. It's Cape George's mini-war over trees and views. See earlier posts here and there.
Historically, Cape George has celebrated the need for both beautiful trees and views within the governing language:
3.2 PLANT MAINTENANCE
Members are encouraged to trim all plantedvegetation so as to promote wildlife
habitat, prevent landslides and erosion,
maintain natural beauty, and prevent
neighboring views from being blocked. To
prevent unsightly disfigurement and/or
weakening of tree structure, trees should
be pruned by windowing or thinning rather
than topping or other forms of tree
mutilation.
There's also an 8 ft. hedge restriction. Alas, those wanting views at all costs have hijacked this hedge rule for their own ends. The Board has jumped on the bandwagon and is shoehorning trees -not just shrubs- into the category of "hedge". It's a dark and ugly turn.
If that's not extreme enough, the current Board interprets the hedge rule to include "any two trees with commingling foliage". So any two trees a few feet apart caught in the act of commingling can be deemed a "hedge".
Recently an owner on Sunset was forced to fell 4 of 6 old growth trees as a result. Those who love trees are aghast. Attorneys laugh and urge them to sue. An ugly precedent has been set and there is no peace in the valley. See earlier posts for all the gory details.
I would like to propose another solution that will enhance views without felling trees and align with the language and intent of the covenants. That is cease and desist with the "two commingling trees doth a hedge make" and simply enforce 3.2 as it is written.
Permit the aggrieved, view-hungry residents of Cape George to file a complaint that view blocking tree foliage is not adequately trimmed and windowed as 3.2 says it should be. The degree of windowing and trimming could be left to the discretion of Cape George's manager.
It's not a perfect solution of course. One extreme interpretation of "windowing and thinning" could mean "no commingling foliage" and result in denuding half the tree's foliage. The other extreme would be to under-trim and leave no view enhancement at all. Not to worry! We pay the manager big bucks to make these tough calls without acting in extreme ways that devastate resident property or lead to lawsuits.
At the same time, this compromise would uphold the intent of our covenants and we could look forward to another peaceful 4th. No fireworks, beautiful views, wonderful trees, Cape George as it could and should be.
P.S. Here's the potential of thinning and windowing. This tree used to block half of the view of Dungeness Spit until it was limbed.
Another resident suggested "Windowing and Thinning" disputes could also benefit from the mediation process tentatively being studied within Cape George. If the manager makes the final determination, however, there should be an appeal process and outcomes must be published and available to all.
ReplyDelete