4A • March 13, 2015 | Cannon Beach Gazette | cannonbeachgazette.com Tree thinning has residents in a huff Though the loss of more than 50 trees is pref- would like to have it main- erable to losing 70, John- tained.” son said he had expected Given that ODOT has Will Caplinger, the city’s little choice but to eliminate arborist, to weigh in on the the worrisome trees — and issue before the thinning could be held legally lia- took place. ble for accidents that occur Last year, when ODOT by leaving them alone — informed Cannon Beach Mayor Sam Steidel said he of its tree-thinning plan hopes ODOT approaches during a public meeting, the ongoing project as “an FLW\RI¿FLDOVVDLGWKHFLW\ annual maintenance pro- would pay Caplinger to gram” rather than an all-at- independently review once endeavor. the targeted trees. But when it appeared that Costs ODOT would not follow Originally, the depart- through with the plan, the ment planned to remove 70 independent review was trees this month, Werst said. dropped. But with a maximum If ODOT wanted to of $10,000 to spend on the spend its limited funds on SURMHFW¶V¿UVWVWDJH2'27 a project that would ben- decided to reduce the num- H¿W &DQQRQ %HDFK WKH ber of trees removed this department should have year, Grassick said. invested in seismically The entire project cost upgrading the woodpile $7,300, Werst said, adding bridge over Ecola Creek, that the combined crew Johnson said. Ideally, the costs about $760 per hour. bridge should have taken ERICK BENGEL PHOTO Trails End Recovery precedence over tree thin- An excavator prepares to drop felled trees and brush from the east side of U.S. Highway 101 into the back of a truck. will sell the 40 to 60 tons of ning, he added. IHOOHGWLPEHUIRUDSUR¿WKH And, as long as trees The equipment belongs to Trails End Recovery, a Warrenton-based company. said. The company will then were getting cut, Johnson give ODOT a $400 to $600 argued, the raw timber, GLVFRXQWRQWKH¿QDOELOO should have been placed Whether ODOT still in the creek as “woody de- intends to remove all 200 bris” to help restore salmon In the midst of trees, even if it happens habitat, rather than given to the first round over a longer time frame Trails End Recovery to sell of ODOT tree than expected, Werst could on the timber market. thinning, far not say. Above all, Johnson said fewer trees Former Mayor Mike he wished there had been now hang over Morgan said he hopes more opportunities for pub- the highway ODOT is “willing to only lic participation and citizen corridor. The take out the trees that are involvement. ODOT and absolutely needed and not “Yeah, this is (ODOT’s) Trails End work toward a goal of any highway. (These are) their Recovery team sort.” trees, in a sense. But this were chided “We’re trying to keep is a public issue that some by neighbors clean-up and damage to a people are very concerned for “destroy- minimum. We know that about,” he said. “Any time ing” Cannon the folks around here are you start cutting down trees Beach’s scenic real sensitive to the proj- in Cannon Beach, some- byways. ect,” Werst said. “I under- body should be saying, stand the sensitivity.” ‘Hey, wait a minute — do ERICK BENGEL we need to do that?’” Trees from Page 1A ‘Wait a minute’ “I’m not very happy about how this has played out,” said Ed Johnson, an Elkland Court neighbor of Kirsten Massebeau. PHOTO A ‘real drag’ With some of their buffer now gone, Kirsten Massebeau and her hus- band, Phillip Massebeau, said they are concerned about louder highway noise and stronger winds hitting the mature trees that sur- round their property. “Not to mention the road is not as pretty when you’re com- ing down through Cannon Beach anymore,” Phillip Massebeau said. “We know there was nothing we could do about it, but it would have been nice to at least have some say,” he added. “It’s a real drag.” LETTERS TO THE EDITOR Something is amiss To the editor, We are writing this letter on behalf of a number of Cannon Beach citizens who live or own property in the north end and are very upset about the events and re- sults of the March 3 City Council meeting. We came to the meeting to voice our concerns about how the city and council had handled a proposal to create a planned de- velopment on 0.57 acres of steep- ly sloped primary dune. There are plenty of reasons to be upset. Mayor Steidel instituted a plan to allow public discourse at the beginning of each council meet- ing. On Tuesday afternoon, he told the neighbors that he would permit our presentation, as long DV LW ¿W LQWR DQ DSSURSULDWH WLPH frame. Unfortunately, the city’s land use attorney unexpectedly forced the mayor to deny us the opportunity to speak. In the months leading up to this meeting, the city’s process DQG QRWL¿FDWLRQV ZHUH GHIHFWLYH DQG FRQIXVLQJ 7KH QRWL¿FDWLRQV were not posted within the re- quired time frame and contained misinformation. The result was a low public turnout and input. We were shocked that the council ignored the planning commission’s 6-1 recommenda- tion that the Nicholson proposal be denied. The planning commis- sion has strongly opposed this proposal four times; the council has also gone on record as being opposed to certain parts of the proposal. Still, they approved the proposal on a 4-1 vote. :HVWURQJO\IHHOWKDWWKH¿QG- ings of fact are inconsistent with city codes and are not aligned with the comprehensive plan or the values of the community. 7KH ¿QDO SURSRVDO LV OLWWHUHG with misleading information, which contradicts the original plan. Something is amiss. The in- credible beauty, unique topogra- phy and vibrant community that is Cannon Beach is under attack. As citizens, we do not have a team of lawyers, geologists, engineers and architects to stand up for us. We expect the commissioners, the councilors and city staff to do that. In this case, our belief that the council and staff would act in the best interests of the citizens was crushed. We fear that this decision will set a precedent for even more misguided, high-density devel- opment. It is not that we abhor development, but we expect that it be orderly, sensitive to the com- munity’s values and in compli- ance with codes and regulations applied as common sense would dictate. Elizabeth and Fred Lorish Cannon Beach No trust To the editor, A couple of months ago, our house in North Cannon Beach RQ6HYHQWK6WUHHWZDVÀRRGHG,W ZDVQ¶WWKHVPDOOFUHHNRYHUÀRZ- ing, or heavy rains or, thank God, the ocean. It was a city of Can- non Beach water main that rup- tured up on Ash Street, releasing thousands of gallons of water to ÀRZGRZQKLOOÀRRGLQJWZRRIRXU neighbors and our cabin. Water breached inside our KRXVH ÀRRGLQJ WKH \DUGV DQG undermining the back deck with D VWUHDP ÀRZLQJ XQGHU LW DQG leaving our property basically a dried up riverbed. Kind neighbors WXUQHGRQKHDWDQGGHKXPLGL¿HUV to stop mold growth inside. :H¶UH QRW WKH NLQG WR ¿OH D claim to cover the expense of what is essentially just a big mess. We can live with the stained rug; restore the landscaping; repaint the deck; and remove the muck, gravel and mud. We can afford the sizable heating/drying energy bill. But our neighbors’ damage was more severe. Washed out post supports under the house need re- placing. Yards of road base and gravel cover their yards. Fence and landscaping have been de- stroyed. Then there’s the loss of rental income due to the liability of piles of gravel debris. Not to mention numerous, ongoing trips out from their home in Michigan. The city was responsive, tell- ing us from the start to file with CIS, the insurance for the city of Cannon Beach, assuring ev- eryone things would be taken care of. After the initial con- versation with a representative at CIS, we all received letters stating “since no negligence was found on the city’s part, all claims are denied.” This left damaged property owners the only recourse to sue, ¿OLQJ WRUW FODLPV SOXV KLJK GH- ductibles with their own insur- ance. In the end, this will cost the city (taxpayers) much more than if the right thing had been done from the start. Our neighbor has asked, “Why does the city of Cannon Beach do business with CIS?” A question that should make all property owners in town very concerned. Because whenever city infra- structure fails causing damage to private property, evidently CIS yields its moronic big insurance wisdom and will stamp every- thing “non-negligent,” leaving homeowners with the costs. Even if these homes had been com- pletely destroyed. Now, because of CIS’s asinine treatment of our neighbors and the city’s position that “it’s out of our hands,” I’m talking with legal counsel in sol- idarity. Secondly, the city councilors approved the Nicholson develop- ment on Laurel Street in an aston- ishing turnaround last week, after rejecting the same plan prior. This was a clear slap in the face of the planning commission’s earlier re- jection. With blatant disregard to zoning codes on what can be built RQ D VSHFL¿F DFUHDJH RYHU PDVV public objection and approving variances that are never ever al- lowed, the development is ap- proved. Only one wise councilor voted “no.” Again, the cost to the city and its $300-an-hour lawyer, as this goes on to LUBA (state Land Use Board of Appeals), is completely insane and avoidable. It’s called common sense. With these two very recent North Cannon Beach issues, (and I have to assume there are similar scenarios all around town) I’ve come to a conclusion that is so- bering and eye opening to me: I can no longer trust our local city government to be honest. Instead of working together for the common good, it appears they are above the public. The very people they’ve forgotten they an- swer to. Kent Suter, Cannon Beach Citizens gobsmacked To the editor, Erick Bengel’s article in The Daily Astorian on March 4, 2015, (“Cannon Beach OKs develop- ment, denies dune grading bid“) indicates how the Cannon Beach City Council gobsmacked many citizens of Cannon Beach by its March 3 4 to 1 decision to grant Jeff Nicholson, a poor rich man who pumped $1 million into a risky project, his request to build four houses on property zoned for one. After citizens had been prom- LVHGWKH\FRXOGKDYH¿YHPLQXWHV at the beginning of the meeting to deliver their objection to the project, they were insulted by the city’s land use attorney when he advised the councilors not to al- low any testimony before their ¿QDO YRWH :LWK WKLV GHFLVLRQ the City Council will allow four houses and a so-called “living wall,” which will destroy one of the city’s nicest natural slopes. The “living wall,” which should have been “dead on arrival,” will extend 120 feet and be 10 feet or higher in some places. The planning commission, fol- lowing the intention of the city code, voted 6 to 1 against Mr. 1LFKROVRQ¶V SUR¿WPDNLQJ SURM- ect. But the land use attorney hired by the City Council seemed more interested in Mr. Nichol- son’s investment, which needed more seed money through the sale of three of the houses, than he was in the city code. This leaves only one conclu- sion: In order to help a man so poor that all he owns is money, the City Council has chosen to help him make more by granting his request to change the code and set a precedent for further devel- opment. Every person has a right to develop land, but in Mr. Nich- olson’s case, development has eclipsed the land. Such blatant disregard for the rules has left the City Coun- cil’s decision echoing the old saw, “The world ain’t round, it’s crooked.” Rex Amos Cannon Beach Food pantry thanks those who helped To the editor, The Cannon Beach Food Pan- try’s new home is at the Cannon Beach Elementary School Li- brary, located at the very south end of Spruce Street. Many thanks to so many! Thanks to the Seaside School District Board for leasing the lo- cation, the city of Cannon Beach and the Oregon Food Bank. To those who did the remodel: Coast- er Construction, Ray Neibuhr Plumbing and Cannon Beach Electric. Also, Anderson Painting, Sherwin-Williams Paint, Cobble and Blend, the American Legion and Jessie Bateman. Then came the “Big Move” to the new location. Again, thanks to Coaster Construction, Sleepy Monk, the city’s public works de- partment, the Cannon Beach Po- lice Department, Cannon Beach Fire and Rescue, and many locals, second-home owners and visitors. They helped move refrigerators, freezers, shelves and many thou- sands of pounds of food. The pan- try was totally in place and ready for business in four hours. What an incredible feat! The pantry volunteers are very grateful for the many generous ¿QDQFLDO DQG LQNLQG GRQDWLRQV from loyal supporters of the pan- try who have helped us continue our mission: to feed hungry peo- ple. Now we know it does “take a YLOODJH WR UH¿W DQG PRYH D SDQ- try.” Molly Edison Cannon Beach Food Pantry manager Cannon Beach