Monday, June 1, 2015

Our 75 year old Pine was felled today

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How it looked yesterday
Already pruned back only four years ago for $2,500, arborist Dave McGrew said at the time, "The tree is not dangerous." That statement fell on deaf ears to my new condo commando board that was installed on January 12 that has been trying since early in the year to get a permit from the city.

June 1, the beginning of hurricane season, the new president of our condo association was right on it--there has been a pine tree living on our property for at least 75 years and survived every hurricane imaginable.  She is scared it might come down and fall on her condo unit.  Without a vote of the membership as it is a major change to our common elements and required a vote of every owner, the Board took it upon themselves, with all sorts of justifications like "it might blow down," and voted to remove it.

Along with its removal by Kelley Tree Services that started the felling at 7:40am this morning (against Ordinance), were Muscovy eggs in the tree cavity that were smashed by workers, nesting birds as well as an Osprey.  Who cares?  This new condo president called me "evil" for trying to save this tree.  Tell it to God.  Muscovies are not protected either as they are not indigenous to Florida and considered an invasive species.  Hell, most of the people who live here are not indigenous either.  The president of this association certainly is not. But the bigger problem is condo boards in general and people running associations like they are their own serfdom, and making decisions that are emotional, not transparent and against the Declaration of Condominium.  Felling this aged old tree, invasive species or not, should have been a membership vote; the tree wasn't hurting anyone.


When I asked Kelley Tree Service about it, they said the president told them to cut it down. He complained that it took six months to finally get the permit from the city. I asked to see the permit and he didn't have it.  One of his workers told me to "piss off." This is MY property...I live here...I am one of the owners and one of the owners of this tree. Instead, the foreman had his secretary call the PBSO and two deputy vehicles showed up with one actually knocking on my door.

What happened here was the city capitulated to the "all invasive species need to be cut down" rhetoric (bull shit) and waived a requirement for this association due to some loophole that does not protect trees such as this.  Instead of replacing the tree with 12 (twelve) trees due to its size that can not be palm trees, they are allowing it to be replaced with 3 (three) Foxtail palms. What a disgrace. After talking to William Waters, Director of Sustainability, he only learned about the Pine tree this morning.  He is going to sit down with the city attorney to discuss multiple family residences and the loopholes on allowing permits of this type. Even if this can be stopped in the future, it doesn't change the fact that my tree, God's tree, was cut to a stump with the owners having no say so, whatsoever, by an aggressive condo board that went along with a self-serving president.

We have rules and protections in place for reasons.  And the truth of the matter is, you can justify just about anything. There never should be legal loopholes to get around the law. At my association, the appointed, not elected, president has told me that "no one cares." In other words, "shut the hell up, we will do what we want." It reminds me of our city commission. They have the power to affect your lives in very meaningful and costly ways. And whether they give you 2 or 3 minutes to present your case, it really doesn't matter.  The justification for what they do is twisted to convince people they are right even when they are not.

I have always said that the guy who eventually wins out is the one who screams the loudest.  Follow the rules and you get a kick in the head.

What it looks like now--they are still cutting away!

11 comments:

Anonymous said...

Lynn, thanks for taking the right stand on this tree. the result is horrendous as seen in your final pic. Can't you sue someone?

Lynn Anderson said...

Yeah, probably, but they have all their bases covered. This is a battle that I can't fight, unfortunately. When you have a board that will not listen and is self-serving and loves spending condo resources for a tree that "MIGHT" blow down (any tree could possibly blow down), it is sickening.

Anonymous said...

OMG, this was allowed to happen?Can't believe it.When you think that the city has a program to plant trees throughout and then they agreed willingly to take one out because of some condo whack job, it defies all logic.Looking at the tree, it did not seem dense at all and probably would have lasted another 75 years.

Anonymous said...

What is that, an Australian pine?

Anonymous said...

You made the point, of getting rid of the Australian pine is that it is "non-native". If we follow that reasoning a little further, we should probably also get rid of the Haitians, the Cubans, the Canadians, and all the people from New Jersey - - they are all "non- native". But then so are ALL the people in Florida. My point is that being "non-native" is not necessarily bad. Non-natives add diversity and interest.

Lynn Anderson said...

Yes, that was the justification for the city, anonymous @3:34. However, the justification for this condo board was the fear that this tree could fall on the building. It never has but that was the justification. Now we have a hibiscus tree that has been living for at least 25 years. The president here wants it cut down and she had someone spray it and it is now dying. now who is evil?

Anonymous said...

I wonder if South Palm Beach, Briny Breezes, Manalapan or some of the other towns that have numerous huge Australian pines lining A1A would let some wacky private property owner cut them all down for fear that they might possibly fall one day.. Heck NO they wouldn't. Why do Lake Worthians want to destroy everything beautiful? No appreciation for beauty here.

Anonymous said...

Everyone should follow the tree cutting permitting process. But this was an Australian Pine and the rules for cutting down invasive (not just non-native are different). Strangely, and I do find it strange, the australian pines along A1A south of Briny Breezes are actually protected as part of their signature look.

http://thecoastalstar.ning.com/profiles/blogs/gulf-stream-town-hopes-to-add-to-australian-pine-signature-look

One of the reasons I would never live in a condo community, you just cede way too much power to a small group.

Lynn Anderson said...

That is why a board must be looking after the greater good and following the rules to a T. So many communities get run-down because of lax boards and self-serving individuals who don't like rules.

Anonymous said...

This board president is the evil one. They don't care about the wildlife only themselves or a tree that has been there forever.

SHAME ON YOU Board President said...

I think that I shall never see
a poem as lovely as a tree.
A tree whose hungry mouth is prest
against the earth’s sweet flowing breast;
A tree that looks at God all day
and lifts her leafy arms to pray;
A tree that may in Summer wear
a nest of robins in her hair;
Upon whose bosom snow has lain;
who intimately lives with rain.
Poems are made by fools like me,
but only God can make a tree

Joyce Kilmer. 1886–1918