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Board of Appeals allows removal of four palms at First Street, requires 24-inch replacement
Summary
The Board of Appeals on Dec. 17 overruled a DPW denial and approved a homeowner's request to remove four palm trees from a single tree basin, conditioning the permit on planting one 24-inch box replacement chosen by DPW in consultation with the homeowner.
Kevin McElroy, a homeowner at 2707(20) First Street, won the Board of Appeals' approval to remove four privately maintained palm trees that he said were planted illegally in a single tree basin and posed pedestrian and vehicle clearance problems. The board voted 4-0 to overrule the Department of Public Works's denial and grant the permit with conditions.
McElroy told commissioners the palms reduce the sidewalk width to about six feet in places, below DPW clearance standards, and that yearly maintenance costs could be "upwards of $2,000," a figure he said was taken from DPW's maintenance schedule. He said the palms were planted without permits by a prior owner and that neighbors supported removal and replanting a single, more suitable street tree.
Chris Buck, Acting Urban Forester for the Department of Public Works, told the board that while the planting of four trees in one basin is "unusual," DPW observed the trees "coexisting rather well" and believed pruning could address clearance concerns. Buck said the department's denial was based on a policy of retaining sustainable street trees to avoid repeated losses of mature canopy if owners routinely removed trees on resale.
After questioning from commissioners about safety, sidewalk damage and root spread, the board weighed the homeowner's evidence, the department's field findings and neighborhood input. The board found the crowded planting and current vertical and pedestrian clearances justified relief. It overruled the department's denial and ordered the permit issued on the condition that the homeowner plant a single 24-inch box replacement tree; the species and final planting details are to be determined by DPW in consultation with the appellant.
The action was recorded as a 4-0 vote to overrule the denial and issue the permit with conditions. The DPW representative said the department will assist on replacement size and species and enforce replanting requirements as provided in city code.
The board's decision restores McElroy's ability to remove the palms while preserving a street tree through a specified replacement size and DPW oversight.
