Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, August 6, 1995 TAG: 9508070062
SECTION: VIRGINIA PAGE: B-4 EDITION: METRO
SOURCE: Associated Press
DATELINE: HANOVER LENGTH: Medium
For Brian Palmore, the problem began more than two centuries ago when an acorn from a white oak tree took root in what would become the yard of his Hanover County home.
Twice in recent months the huge tree has dropped massive branches that damaged property and threatened lives. But because the old oak has a historic tie, Palmore has been hampered in his efforts to prune it.
The tree entered local folklore in its second century when Gen. Robert E. Lee reportedly took refuge beneath it from the midday sun during the Battle of Cold Harbor in 1864.
When the development of a subdivision threatened the tree six years ago, the keepers of Hanover history persuaded the Board of Supervisors to declare it a ``heritage'' tree. The designation provides a system for protecting historic or culturally significant trees from encroaching development.
Today, Palmore and his fiancee, Amy Diacont, and their neighbors, Glenn and Elizabeth Rudacille, want someone to protect them from this piece of Hanover heritage.
``The tree's been good to us, except this summer,'' Rudacille said.
The oak's trunk is 20 feet around. The crown spreads more than 100 feet. Its arching limbs radiate symmetrically, some reaching nearly 100 feet into the sky.
During a storm May 24, a tree-size branch broke and fell into the Rudacilles' yard. July 21, another huge limb broke off without warning and crashed into the side of the Rudacilles' house.
``I thought it was going to come right on through,'' said Elizabeth Rudacille, who had been in the room with her 14-month-old son. The limb caused minor damage to the roof above the bedroom and a shed at the side of the house.
Rudacille fears the family won't be so lucky when the oak sheds a 60- to 70-foot limb hanging over the house. He is afraid to let his children play under the tree.
The tree belongs to Palmore and Diacont, making them liable for damage or injury it might cause. The couple, who live with her parents and plan to marry in December, bought the property in May.
They later discovered they can't cut or prune the tree without county permission. Any pruning has to be done under the direction of an arborist. However, the tree ordinance permits a heritage tree's owner to act without an arborist-approved pruning plan if the tree is a threat to safety.
``If we would have known, we wouldn't have bought the house,''Diacont said. ``I couldn't care less if Robert E. Lee and his men sat under that tree.''
The Rudacilles, Palmore and Diacont think the county should be responsible for maintaining the tree because of its designation.
``We don't have thousands of dollars for the tree,'' Diacont said.
Cold Harbor District Supervisor Elton J. Wade Sr. doesn't think the county should take responsibility for the tree.
``It's a tricky question,'' Wade said.
After viewing the damage caused by the oak, County Planning Director John Hodges gave Rudacille permission to lop off the branch that hangs over the front of his home.
State Forester William Ruby, who inspected the tree, said the oak should be pruned and that a cable system should support some branches. Ruby, who is not a licensed arborist, said recommending precisely what should be done is beyond his expertise and suggested bringing in an arborist.
Hodges will report on the tree to the supervisors Aug. 23. One of the board's options is to repeal the ordinance protecting the tree, giving Palmore and Diacont a free hand to deal with the tree.
Hodges' advice? ``Cut now,'' he said. ``Ask questions later.''
by CNB