Edgemoor Neighborhood Association

View Committee

The Committee held its second meeting on October 14^th at the Fairhaven Library. The group discussed current municipal ordinances governing fences/hedges and structure heights. Neither offer significant protection for views. The group briefly reviewed other avenues for view protection, including view easements, covenants, and tree windowing.

Members also expressed concerns over minimal municipal controls on tree removal, noting that the neighborhood must strike a balance between view preservation and maintaining the natural environment and habitat of the area.

The Committee undertook the following follow-up activities:

1. Establish email “tree” to facilitate communication from Association to View Committee members (PStephenson).
2. Research Whatcom County Assessor methodology for view classification (PStephenson & RVoiles).
3. Research existing covenants for Edgemoor neighborhood (LJohnson).

The Committee agreed the following priorities should guide the work of the group:

1. Establishment of neighborhood mediation process to resolve view (and other) disputes (medium term objective). The proposed process is summarized below.
2. Develop “pocket” covenants governing view preservation and restoration (medium term objective). Under this scenario a group of like-minded neighbors will adopt a covenant and try to gradually expand its coverage to other residents of the area so that eventually a view covenant will cover a significant number of homes in the Edgemoor neighborhood.
3. Work with City View and other groups to modify existing municipal ordinances to protect views (long term objective). This will be a difficult and lengthy task, but is potentially achievable.

The Committee seeks Association agreement for the following proposals:

1. Accept concept of neighborhood mediation, and refine proposed resolution mechanism.
2. Appropriate $200 for training of five (5) mediators, and development/printing of mediation materials.
3. Designate neighborhood mediation coordinator to handle mediation requests.
4. Identify five residents to receive mediation training.
5. Identify neighborhood attorney to assist with drafting of mediation liability waiver.
6. Determine if users should pay a fee for mediation services, and if so, how much.
7. Confirm that the View Committee should pursue the development of “pocket” covenants.
8. Determine if ENA wishes to pursue changes to the municipal code to protect views, and decide how to achieve that objective.
9. Decide if ENA should invite professional arborist or other person to speak on tree removal, care, windowing, and related issues. Jonathan Schilk, Landscape Architect, Bellingham Parks and Recreation Department (phone 676-6985; e-mail jschilk@cob.org) could be such a speaker.

Proposed View Resolution (Mediation) Mechanism

1. Concerned individual or group contacts ENA.
2. ENA provides outline of mediation program, list of mediators with short biographic summary for each, legal disclaimer (no liability for ENA, its members, officers, or the mediators), and offers to contact other party.
3. If concerned individual agrees (and returns signed liability waiver), ENA contacts other owner indicating a question has been raised regarding view preservation. The name of the person (or group) requesting the mediation is not relayed to that owner.
4. ENA provides outline of mediation program, list of mediators, legal disclaimer to owner. If owner agrees to mediation (and returns signed liability waiver), both sides work through ENA to identify mediator acceptable to both.
5. Mediator contacts each party separately to determine concerns and objectives.
6. Mediator begins mediation process in series of individual and face-to-face meetings.
7. If parties reach solution, binding agreement is signed by all. If they do not, mediation efforts end.

The View Committee welcomes new participants and neighborhood input. Contact Paul Stephenson at pdstephenson@comcast.net or 647-2024.

Next meeting: The next View Committee meeting will be held at the home of John Stephens and Alice Hale, 117 Underhill, at 1900 hours on Wednesday November 10.