Welch Company
San Francisco, CA


S U M M A R Y


DIARY: November 29, 2010 09:00 AM Monday; Rod Welch

Ross complete remove trees and meet with neighbor on expanding demands

1...Summary/Objective


..............
Click here to comment!

CONTACTS 

SUBJECTS
Pine Trees Cut Down Backyard Replace Hemlock Trees Privacy Neighbor

1303 -
1303 -    ..
1304 - Summary/Objective
1305 -
130501 - Follow up ref SDS 3 0000. ref SDS 2 0000.
130502 -
130503 -
130504 -
130506 -  ..
1306 -
1307 -
1308 - Progress
1309 -
130901 - This morning completed running the tree trimmings through the chipper
130902 - machine.  Took about 2 hours.  Work was easier than yesterday, but
130903 - symptoms of illness are a little higher today than yesterday, reported
130904 - on 101128 0538. ref SDS 3 O995
130905 -
130906 -            [On 101130 0400 illness symptoms increase during flight
130907 -            home. ref SDS 4 ZG4O
130909 -             ..
130910 -            [On 101130 1744 letter from Ross on pine tree project.
130911 -            ref SDS 6 M75Q
130913 -  ..
130914 - The backyard neighbor, Eric, came over and visited with Ross for
130915 - about 20 minutes on the scope of work required to meet his visual
130916 - privacy demands for trees and shrubs to prevent seeing Ross' house
130917 - from the neighbor's house.
130919 -  ..
130920 - After the meeting, Ross got the impression that the neighbor is
130921 - expanding his requirements, which presents concern about meeting
130922 - subjective criteria, discussed yesterday on 101128 0538, ref SDS 3
130923 - 5X4K
130924 -
130926 -  ..
1310 -
1311 -
1312 - 1406
1313 -
131301 - Ross called the contractor, Tony, as discussed yesterday on 101128
131302 - 0538. ref SDS 3 NN4K
131304 -  ..
131305 - Explained steps taken so far, and that he met with Eric earlier this
131306 - morning.  Ross mentioned concerns that nothing he does will
131307 - necessarily resolve Eric's concerns about a privacy tree screen.
131308 - Tony seemed to agree.  He said that evergreen pine trees will always
131309 - grow above a height that causes foliage to diminish below the level
131310 - of direct sunlight.  This seems an admission that the trees the
131311 - contractor planted are inherently defective.
131312 -
131313 -            [On 101130 1610 letter to Ross cites contractor admission
131314 -            of defective work, which was not disclosed to Ross.
131315 -            ref SDS 5 F34X
131317 -  ..
131318 - Ross asked Tony about intent of the provision in his property deed?
131319 - Ross feels the deed provision requires the home owner to not remove
131320 - trees planted by the contractor to implement the court order for the
131321 - contractor to provide a privacy barriar by leaving them alone, like
131322 - other trees in the forest.  Ross said zoning restrictions prevent he
131323 - and Claudia from doing anything to the indigenous forest on his
131324 - property.  He feels the 10 year provision in his property deed
131325 - extends this requirement to trees the contractor plants to perform
131326 - the court order.
131328 -  ..
131329 - Tony said he does not recall precisely what the court order says.
131331 -  ..
131332 - Ross asked for a copy of the court order, since it is cited in the
131333 - property deed, but Tony did not have time to submit it to Ross and
131334 - Claudia at the time they took possession of the home.
131336 -  ..
131337 - Tony will find the court order and submit a copy to Ross.
131338 -
131339 -
131341 -  ..
131342 - After the call Ross advised that Tony, the contractor, has twice
131343 - before, once about 4 years ago, and again about 2 years ago, called
131344 - Ross and asked permission for Tony, the contractor, to plant more
131345 - trees to implement the court order that requires the contractor to
131346 - maintain tree foliage of sufficient density to provide privacy barriar
131347 - from the property down the hill.
131349 -  ..
131350 - Up until recently, Ross has never been contacted by Eric, the
131351 - backyard neighbor.
131353 -  ..
131354 - About 2 weeks ago, Tony called Ross and said Eric complained the trees
131355 - which previously had adequate foliage was no longer adequate.  Tony
131356 - advised that Ross and Claudia are now responsible to implement a court
131357 - order against Tony the contractor, based on the provision in the
131358 - property deed.  Initially, Ross and Claudia accepted this
131359 - intrepretation, but now realize the problem is that Tony the
131360 - contractor planted trees that are not appropriate, as related by Tony
131361 - earlier in the call. ref SDS 0 M68F
131362 -
131363 -
131364 -
131365 -
131366 -
131367 -
131368 -
131369 -
131370 -
131371 -
1314 -