Returning home from the Outer Banks, I discovered that one of the oldest Linden trees in Cape Charles, at 510 Monroe Avenue had been cut down. As far as any of my neighbors knew, the tree had not been marked for removal by either the town or by VDOT (the tree stood in the VDOT right of way). I contacted Town Planner Larry DiRe to find out if he was aware that the tree had been cut down. Larry told me that he was aware, and “That tree was removed without obtaining a VDOT permit. VDOT is aware and stopped the work after of the tree was removed. Marshall Tree Service was the contractor. I know the VDOT resident engineer spoke to them and I also spoke to them. Any further work will require a VDOT land use permit to work in the VDOT right of way.”
According to VDOTs Dale Pusey, the tree crew had been in town that week, but did not mark that tree for any maintenance. As of this time, Marshall’s Tree Service has been told not to touch the stump until a formal VDOT permit has been issued. This begs the question: as professionals, shouldn’t Marshall’s have obtained a permit from either VDOT or the Town before performing the work?
The Cape Charles Mirror contacted Dale Pusey at the Accomack VDOT office, to inquire about whether they would be taking action against the homeowner, the contractor or both. “The tree was in a state of decline and it was in the process of being evaluated by VDOT. The center of its trunk was dead and it was a hazard to the adjacent homeowner and to the traveling public due to its size. There will be no action taken against the homeowner, who removed the tree without any cost to the taxpayers,” Pusey said.
I’m sorry, the cost to taxpayers is not the issue here. So, you really don’t need a permit to chop down a historic tree? Who exactly makes that determination? Did an certified arborist determine that the tree ‘was in decline’? How exactly would VDOT know if it was in decline if they never saw the tree? If it were in decline and posed a threat, why was it not marked for removal? Why was the Town not notified about this action prior to it taking place? Again, who makes the determination, and who has the authority to remedy the situation for the taxpayers?
Background
Trees have always been considered an integral part of the historic fabric of Cape Charles. This notion led the Town to adopt its Master Tree Plan in 2006:
The historic fabric of Cape Charles includes its signature plantings – types of trees notable for size, age and rarity, as well as those traditionally planted by residents for food or shade. Among these signature trees and plantings are Crape Myrtle, Sycamore, Pecan, Sweet Gum, Carolina Cottonwood, Linden, Basswood, Japanese Black Pine, Fig, Camellia, and Nandina.
Signature trees are important community assets. They enhance the beauty of Cape Charles for its residents and guests. They protect property values and help draw tourists. Signature trees should be preserved when possible or replaced when removed…Trees are an invaluable physical and psychological counterpart to the town setting,make town life more comfortable by providing shade and cooling of the air and land,reducing noise levels and glare…The Plan’s purpose is to ensure the beauty and ecological health of Cape Charles for its citizens and guests. The general intent and purpose of this Tree Conservation and Preservation Ordinance is to implement the Cape Charles Tree Master Plan.
While some removal is allowed, “The goal of the Cape Charles Master Tree Plan is to retain a “no net loss” in terms of trees in the streetscapes throughout the Town.”
In order to implement the Master Tree Plan, the town adopted its Tree Conservation and Preservation Ordinance. The ordinance is specific in its directions, mainly that before you touch a tree in the historic district, you must first obtain a permit:
Section 2.2 Removal or treatment of trees on private property.
A. Permit–Required.
A tree removal permit shall be required before any tree (or shrub which is in tree form) on property described in Article I, Section 1.2 may be destroyed or removed.
It also states that if you do remove a tree in violation, it should be replaced by a comparable tree:
Section 2.7 Replacement of trees destroyed in violation of chapter.
Town of Cape Charles Zoning Ordinance
When trees are destroyed in violation of this article, replacement trees shall be required unless exemption is granted by the Zoning Administrator. The size, species and quantity
of these replacements shall be determined by the Zoning Administrator based on the value of the trees removed as calculated by the latest formula published by the International Society of Arboriculture.
It also is specific about penalties and remedies for those in violation of the ordinance:
Section 2.9 Violations and penalties; remedies.
Any person, whether as an owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements, or who erects any building or who uses any building or any land in violation of any detailed statement of plan submitted by him and approved under the provision of this chapter shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation.
This event exposes a huge problem. Right of way or not, why are people in Accomack telling the Town of Cape Charles what to do with its own trees? Even so, VDOT should have the courtesy to defer to our ordinance. In this case, the streetscape and tree canopy was severely damaged, and VDOT acts as if someone just overly clipped an azalea bush.
This gets back to just who makes the determination to remove a tree in the Historic District. First, it should not be the homeowner, even if pests are present. There are ways to deal with that, and for a significant tree like this, that determination needs to be made by an ISA Certified Arborist. The removal of one of the last and oldest Linden trees at 510 Monroe appears to be a violation of Town Code, and should be dealt with appropriately. The Town should set a precedent here; fines should be levied and a comparable tree should be replaced in that location.
I live next door to 510 Monroe. For Many years I was a partner in Bobtown Nursery an ornamental tree farm in Pungoteague, so I have some experience with trees. This tree was dangerously rotten and was a danger to public safety. Most of the core from 3 ft below the surface to 12 ft above the sidewalk was completely hollow to within a few inches of the exterior bark. The tree was over 150 tall and it was only a matter of time before it could come crashing down on the next nor’easter. The weight of just a small section of this tree could crush a car, a house or some unfortunate news reporter on their way home from the theater. Rather than condem the homeowner as the reporter suggests we should applaud his swift action to avert disaster. This tree should have been taken down at VDOT or town expense but the homeowner at considerable expense to himself did the right thing in the interest of public safety. Photos are available that show the extent of the deterioration of the tree that were taken as the tree was being removed.
Note: Although I agree with some of this, there is a concern that a member of the Cape Charles Historic Review Board is advocating, even endorsing by-passing town code and the Tree Master Plan (have you read either?), as if the ends justify the means (this is the new way; do what you want, and ask forgiveness later). Town Code clearly states that a permit is required…did they get one? Also, why is the citizen at 510 Monroe paying for something that is clearly the responsibility of the Town and VDOT? That tree is clearly in the right of way, isn’t it? As for the condition of the tree, it certainly did not rot over night; I have walked past it almost every day now for many years, and was probably just too stupid to look up, so if it had to come down, so be it. However, there is a process for that…as a member of the HDRB and as a self-proclaimed person of some knowledge of ornamental shrubbery, how long did you allow this condition to go on? Who at the Town did you contact about it? Did you contact VDOT?
Neither the Town nor VDOT would get back with the owner of that tree about the threat to his home, cars and the people who walk by the tree. The concern was one of liability. Would the town be liable? Would VDOT? If part of the dying tree fell and crushed the scull of someone walking to the beach, who’s tree would it be then? We have a certified arborist available for consults, if need be. This case was beyond evident! The tree was a threat and I removed the threat at the homeowner’s direction as neither the Town nor VDOT had any concern for the well being of the citizens of the Town of Cape Charles. The home owner tried desperately since April to obtain permission and came to me when no one would get back to him. VDOT’s response to us after the tree was removed was, “We forgot.”
If you guys want bureaucrats responsible for you and your children’s safety, I will be glad to leave the Town of Cape Charles alone. If you don’t please give Marshall’s Tree Service a call. We are here to help and get things done!
John Marshall
757-442-7540
Marshallstree@gmail.com
Note: Good points, however if the resident did indeed do due diligence and contacted the Town, and VDOT, and nothing was done, that is an entirely different story. In our opinion, the resident should not have been obligated to pay one penny to address this tree…it is clearly in the VDOT right of way. Which is the point here; the tree ordinance should have protected the citizen financially, as well as the surrounding physical property.
You lost me on this one Wayne. It sounds like the homeowners did everybody a favor. Looking at the stump you can clearly see it was rotten. If that tree had come down in a storm and hurt somebody or damaged a home would that have been better? Hopefully cooler heads will prevail and no further action will be taken. I’m sure it wasn’t cheap to take that tree down.
Note: Chris, I agree with most of this, but the Town has a protocol for dealing with Linden trees that are, as in this case, over 150 years old. Certainly, the residents at 510 should not have had to spend their money to remedy this (that was VDOTs responsibility); it has been suggested that the Town and VDOT were notified, but did nothing about the condition of the that tree, which if true, is an entirely other issue. However, we were told the resident did not bother to get a permit, took matters into their own hands, by-passed Town code and took the tree down. The condition of the tree does not excuse by-passing the tree ordinance (the ends do not always justify the means…or do they?). If the Town does not enforce the ordinance, how can we use it to protect the other historic trees, such as one that is healthy but someone doesn’t like it because it is blocking a view, or they just don’t like the way it looks, or they don’t want to rake its leaves anymore?
The way you protect the historic trees is by pooling your money with like minded people and buying up the lots that have historic trees on them. Look at what the Nature Conservancy did with the barrier islands as an example. What you don’t do is create a bunch of red tape and unresponsive bureaucracy in the hopes that people will be discouraged enough to just go away. Property owners should be able to deal with the trees on their property in any way they see fit without interference from the town.
Old trees are great. Old houses are great. Old trees near old houses are bad news. My neighbors have an old tree right on our property line that has completely destroyed my original concrete driveway with its root system. The concrete has been broken and lifted so that instead of rain draining away from the house it now runs back towards it. In any moderate rain storm I end up with 2-3 inches of water standing in my attached garage. It has ruined the original plaster all along the bottom of the garage walls as well as the original bi-fold exterior doors, which rotted from the bottom up. As aggravating as that it is, it is more worrisome to me the way the giant old branches hang over their home. That much mass up in the air, over a bedroom, is just asking for someone to get hurt. Its their tree though, so if they are okay with the risk, it’s none of my business. I’ll figure out a solution to the drainage problem. It is a shame about the concrete though. I’m sure you’ve noticed that the new concrete work in town doesn’t look anywhere near as good as the original stuff.
Note: Chris, I feel you, but Cape Charles is not the Nature Conservancy, we’re a town of ordinances. In that regard, this story is really more about the tree ordinance as much as this one tree. And the tree ordinance is very clear, it puts a high priority on a citizen being able to do what is necessary to protect their property. If it is deemed that a tree on your property poses an eminent threat, then by all means take it down. In this case though, the tree was not even on the person’s property, but in the VDOT right of way, part of what the Town deems its streetscape. When I noticed that the tree had been cut down, I asked the Town if they were aware of it (given the age, and type of tree) and whether they, or VDOT had issued a permit. The answer was ‘Yes’, and ‘No’, and ‘No’. If the tree had been inspected, tagged, and a permit issued, there would be no story here. Here’s the rub: unless VDOT removes the tree, land use permits are always required by law. Period.
The Town Planner is about a 3-minute walk from this residence. If a tree is posing a threat, all you have to do is walk into the office and tell Larry, who I know will get up and walk right back with you. 99% of the time, if it is determined that there is an eminent threat to property, you will have a permit in your hand as fast as he can make it happen. It’s not hard, people do this all the time. In the Town of Cape Charles, you may have to get approval from the Historic District Review Board, the Harbor Review Board, the Planning Commission, the Wetlands Board and even Town Council before you can do certain things in the Historic District. You just can’t willy-nilly start chopping stuff down or making random and unauthorized modifications just because you feel like it. This chain of approval may seem like unnecessary bureaucratic red tape, but it is meant to protect the historical integrity of the Town. Working towards maintaining that integrity is something most folks in the Historic District should understand.
As for the sidewalks, they replaced the section in front of my house, and it had nothing to do with trees. It just settled and cracked on its own (I actually had no problem with the old cracked one, and would not have chopped a tree down to save them anyway). Besides, I’m still skeptical.
They wanted to chop this tree down about 4 years ago;
instead, it was trimmed, taking all the dead wood off, treated and now, even as old as it is, appears to be doing pretty good. Could a professional have done the same for the tree at 510? Maybe it was too far gone, I don’t know…there was rot in the center of the stump, but the other 150 or so rings looked okay.
Didn’t realize that the Mirror is now qualified to give legal advice? You may want to check with the State code to see if you are following proper procedure. I applaud Mr. Marshall for clarifying the process that the homeowner went through to remove this safety hazard. Thank God no one was hurt. As for process in this case safety trumps process.
Historic integrity? Ironic isn’t it that the original founders of this town we love excavated marshland to create a harbor, cleared a hundred or so acres of ground (think of all the grand old trees we lost). Subdivided the land into lots for housing, some of which was ordered from catalogs (gasp!). Imagine trying to get a manufactured home approved in the historic district now. Unsatisfied with all the environmental havoc they had wreaked to that point, they filled in an additional 40 or so acres of wetlands to create the Sea Cottage addition. If Mr. Cassatt and the earliest residents had been faced with a Wetlands Board, Master Tree plan, Historic District Review Board, and an approved color palette committee, they may have just found a more welcoming place to build their town.
Sometimes I think we take ourselves a little too seriously here in Cape Charles. The town was founded in 1880’s. In most parts of the world that would be considered fairly recent. It’s not even particularly old for Virginia. If the “Historic” designation lets some people qualify for rehab tax credits, that’s great, but let’s not get carried away here.
Seems like a lot of people are just whining that the local government bodies should have done something about this rotten tree before now and even more absurdly suggesting that it should have been allowed to stand as a hazard to life and property until one could get government action, either by the issuance of a permit or direct removal. Did you see the picture of that stump? Did you not see how little of it was left after being taken by rot? Do you hear yourselves? The homeowner should be praised on this and the town should be rebuked for taking in tax dollars and not doing the maintenance they should be doing in the first place. Sounds like the process is broken to me and the homeowner did what they had to do.
If a tree comes down across a road during a storm, would you leave it there for VDOT to clear or would you fire up your chainsaw and clear it? Would you cry about it being VDOT’s job and that ordinary citizens should not have to clear it from road? How is this any different? Again, listen to yourselves.
There is also a logical fallacy that has been committed here. Circular reasoning, or begging the question, is a flaw in argumentative reasoning. In this case, the author of this article made the assertion that Marshall Tree Service acted in a non-professional manner because no permit was obtained. Missing from the article are any actual reasons that this occurred, or any statements from the contractor themselves.
While a free press is the anchor of a free democracy, the press also has a responsibility for fair and honest reporting. What I see here is an inflammatory piece that is more fit for an op-ed article or a blog. You can do better than this.
Note: Sorry for the late publishing of this comment; we had a bunch this week, and I just missed it. But here it is!
I was thinking about removing a couple of grand old trees in my front yard in order to plant baobabs (they need light!). The old trees were filigreed by woodpeckers, which I can perhaps document. Forget the law; I’m wiping them out and then begging forgiveness. How much is that gonna cost me? Probably nothing – the precedent is already in my favor (love common law).
Where can we get boababs? We should make them the official town tree. Cape Town and Cape Charles would become sister cities.
Just uproot a tree and plant it upside down and you’ve got your baobab, David – I don’t recommend this procedure for all the town trees, though.
Regarding the tree removal on Monroe:
Both the homeowner and Marshalls Tree Service should be fined PERIOD. There are ways to change or remove laws – disregarding them is not one.
If the town staff is non-responsive then there are ways to handle that. One might be attendance at Town meetings – Council, Planning Commission, Historic Review Board, Board of Zoning Appeals etc. Or chat with the mayor during his office hours. The Town Manager is easily accessible. How about offering to be an intermediary between V DOT and the Town. I’ll bet even the Cape Charles Mirror would be interested in the story of a citizens difficulties trying to do a “good deed”.
A note for Chris Willis: I have lived in my home in Cape Charles for 13 months. It’s a manufactured home. Two more were built after mine and more are in the planning stage. I went through all the town procedures as did my builder, Bill Doughty of Village Builders on the Bay. Getting approval from the various Boards and departments took time but no more time than a stick built home. Things haven’t changed all that much.
I had a big Hackberry tree, like the tree in this article, which by the way are considered trash trees. In the fall they drop a black sooty sap plus they rot from the inside. Mine was on my property and right in line with my proposed fence. I asked the Town for permission to take it down. Due to non professionalism and total ignorance I was not allowed by the reigning authorities to remove it. A wind storm came along with a tornado and my rotted, trash tree came down and fell directly between my neighbors boat on one side and my other neighbor’s very expensive custom wood fence. Through the grace of God it missed everything by inches. Of course some people developed convenient memories after that. Fortunately we now have professional people in those positions now and I’m sure you could get informed help. I had a firm price of $700 before I built my fence because the area was wide open. After the storm knocked it down it cost me $1500 to get it cleaned up and taken away.
Note: What???