MHS pending violation of Stream Conservation Policies EQ2.8 & 2.9

From: charlessands
Date: December 29, 2009 4:18:34 PM PST
To: RHamar@marinhorizon.org, skinsey@co.marin.ca.us, BCrawford@co.marin.ca.us, dbunnel@marinij.com, more...
Subject: MHS pending violation of Stream Conservation Policies EQ2.8 & 2.9

Today 29 December 2009 at 15:20 hours I witnessed a Tree Master's workmen examing the protected 100 plus old Northern Bay in the Stream Conservation Area adjacent to the illegal but Board of Supervisor approved entry (See CWP EQ 2.5) to Marin Horizon School nonconforming but BOS approved on site parking lot. (see 24.04.335 (a))

This email requests that the Board of Supervisors and the Community Development Agency enforce County Wide Plan Stream Conservation Policy existing and native vegetations policies EQ.2.8 (Retention of Natural Vegetation) and EQ.2.9 (Minimal disturbance of vegetation).

This existing 100 plus old Northern Bay was illegally trimmed in 2008 by a Marin Horizon School tree contractor.

At that time it posed no hazard to any MHS structure and presently in 2009 it still poses no hazard.

We are aware of the discomfort that Marin Horizon School students and teachers feel in the cold months of November, December, January, March and April due to no heating system being provided in their new nonconforming but BOS approved new building.

We also know that the BOS Resolution 2005-105 Design Review Finding 22.40.62 G is an uniformed and false statement.

A member of the Homestead Concerned Citizens performed a study in July 2005 of the sun's movement relative to the large first and second floor overhangs. He found that at no time during the year can sun light warm MHS' south facing windows as the school's large over south facade overhangs shades them at all times.

This members study revealed the uninformed but BOS approved Resolution 2005 -105 Community Development Agency 22.42.62 finding statement that "The new school building will have a generally east-west orientation and will have a large expanse of windows on the southern facade of the buildin which will maximize solar heating." to be a false conclusion.

We regret that Marin Horizion School students and teachers are cold and uncomfortable.

As a last resort perhaps Marin Horizon School may have to resort to installing new non-sustainable environmentaly unfriendly ectrical heating or provide heavy winter garb and hand warmers for its unfortuneate teachers and students required to be in its new unheated school.

No amount of trimming of protected trees in the Stream Conservation Area will allow the sun to warm windows that are permanently shaded by large south facing overhangs.

Any request to disturb existing trees in the Stream Conservation Area must be denied as it benefits neither Marin Horizon School nor the protected fish which use Reed Crek for spawning in the shade of these trees.

Regards,

Charles.

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