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Board overturns DPW denial, approves removal of Monterey cypress conditioned on replacement tree
Summary
After neighbors documented repeated property damage and repair costs, the Board of Appeals granted a tree‑removal appeal for a Monterey cypress at 300 Monconda Way, overturning the Department of Public Works and conditioning approval on planting a replacement 'Vesuvius' flowering tree.
The Board of Appeals on Nov. 18 granted an appeal to remove a large Monterey cypress from private property at 300 Monconda Way, finding the tree was causing substantial damage to an adjacent property and conditioning removal on planting a replacement tree.
Appellant Anton Lathine and neighbor Paul Conroy described extensive root damage to Conroy’s garage slab and sewer lines and produced photographs and invoices to the board; Conroy said repairs over the past four years exceeded $21,000. "The roots have damaged the driveway...the concrete garage floor slab had to be replaced," Conroy said.
No Department of Public Works representative was in the hearing room to present the department’s position. Commissioners discussed DPW’s prior advice and whether the department’s order sufficiently addressed risks. Commissioner Fung moved to grant the appeal, overturn DPW’s denial, and issue the permit on the basis that the tree is causing "substantial damage." The motion included a condition that the permit holder plant a replacement flowering tree; the parties discussed planting a 35‑foot 'Vesuvius' flowering tree or a similar specimen.
The motion passed with unanimous aye votes reported from President Anne Lazarus, Vice President Daryl Honda, Commissioner Frank Fung, Commissioner Bobby Wilson and Commissioner Rick Swig. The board instructed that replacement and species details be set as a condition in the permit paperwork.
