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neighbor'sa trees dead, my urban gas kiln beneath

updated tue 22 apr 08

 

Logan Johnson on sun 20 apr 08


Perhaps you could approach your neighbor & offer to split the cost of getting rid of the tree so neither of you has to foot the whole bill ?
Logan


Logan Johnson
Yakima Valley Pottery & Supply
719 w. Nob Hill blvd.
Yakima Wa. 98902
(509) 469-6966
www.yakimavalleypottery.net

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Clayart SCtag on sun 20 apr 08


I am not sure how to address this, as I had our dead trees, infested with
pine beatle, removed [$$$$]but in spite of having my tree man give the
neighbor his card, he hasn't bitten.We have tried to be neighborly with this
neighbor but get no response. I am now ready to get my 45ccuft downdraft blower
burner kiln back on line now that I heard from my natural gas company that
they now have adequate level pressures to accommodate my firings.[They didn't
when I built it and I put in a 500 gallon propane tank,which was removed
when I could not fire for the tree growth above it]. The neighbor's back of his
house is to my kiln area and I have not fired it since he moved in. I built
it by the book at the time and even when another neighbor tried to get my
tank removed the zoning board gave me the grandfather rights.

I am not a great people person and this neighbor is not friendly but so far
has not given me a problem but firing a kiln with his dead tree there aimed
at the kiln [tall large pine] is not something I relish. I cannot afford to
alienate him I doubt I have any chance giving him pottery either.

By the way, my kiln was built on concrete blocks on their side and has had
no problem in that direction.It is on a 5'' very level slab built for it and
has a sheet of transite between the kiln floor and the blocks.It is
outdoors and has a transite sheet over the arch which is soft brick with a fiber
blanket on top.The door is bricked up each firing and I use 12'' x 24'' 3/4''
silicon carbide shelves,3 to a layer, made to order.My burners are bower fed
power burners with safety which allow me a 5-6' chimney which in an urban
setting helps.It is a great kiln and fires extremely evenly.
I will need to eventually move this and am glad it was dryset.

Meg in SC



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John Post on sun 20 apr 08


Hi Meg

If it was me, I would tell the neighbor that I have a gas kiln in the
vicinity of his tree. Then I would ask him if I could pay to have his
tree removed. I would point out that from a safety standpoint that it
would benefit the both of us to have the tree removed but that I would
be the one paying for it with his permission of course. I would also
offer to give him a piece of pottery or two, even if he chooses not to
take it sometimes just the offer is enough to soften up some people.
It might be cheaper and easier in the long run to pay for the removal
of his tree than to disassemble and move your kiln. How many pots
could you make and sell in the time it takes to move the kiln? That
could easily cover the cost of the tree removal.

Good luck with it.

John Post
Sterling Heights, Michigan
http://www.johnpost.us :: cone 6 glaze website ::
http://www.wemakeart.org :: elementary art website ::




On Apr 20, 2008, at 2:09 PM, Clayart SCtag wrote:
> I am not sure how to address this, as I had our dead trees,
> infested with
> pine beatle, removed [$$$$]but in spite of having my tree man give the
> neighbor his card, he hasn't bitten.We have tried to be neighborly
> with this
> neighbor but get no response. I am now ready to get my 45ccuft
> downdraft blower
> burner kiln back on line now that I heard from my natural gas
> company that
> they now have adequate level pressures to accommodate my firings.
> [They didn't
> when I built it and I put in a 500 gallon propane tank,which was
> removed
> when I could not fire for the tree growth above it]. The neighbor's
> back of his
> house is to my kiln area and I have not fired it since he moved
> in. I built
> it by the book at the time and even when another neighbor tried to
> get my
> tank removed the zoning board gave me the grandfather rights.
>
> I am not a great people person and this neighbor is not friendly but
> so far
> has not given me a problem but firing a kiln with his dead tree
> there aimed
> at the kiln [tall large pine] is not something I relish. I cannot
> afford to
> alienate him I doubt I have any chance giving him pottery either.
>
> By the way, my kiln was built on concrete blocks on their side
> and has had
> no problem in that direction.It is on a 5'' very level slab built
> for it and
> has a sheet of transite between the kiln floor and the blocks.It is
> outdoors and has a transite sheet over the arch which is soft brick
> with a fiber
> blanket on top.The door is bricked up each firing and I use 12'' x
> 24'' 3/4''
> silicon carbide shelves,3 to a layer, made to order.My burners are
> bower fed
> power burners with safety which allow me a 5-6' chimney which in
> an urban
> setting helps.It is a great kiln and fires extremely evenly.
> I will need to eventually move this and am glad it was dryset.
>
> Meg in SC
>
>
>
> **************Need a new ride? Check out the largest site for U.S.
> used car
> listings at AOL Autos.
> (http://autos.aol.com/used?NCID=aolcmp00300000002851)
>
> ______________________________________________________________________________
> Clayart members may send postings to: clayart@lsv.ceramics.org
>
> You may look at the archives for the list, post messages, change your
> subscription settings or unsubscribe/leave the list here: http://www.acers.org/cic/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at melpots2@visi.com
>

Jon Brinley on sun 20 apr 08


Meg, =0D=0A I know this isn't any comfort, but. Your neighbors=
home owners insurance will/should cover any damage. It has become =
=0D=0Aa liabilty since he/she has not maintained the damaged tree. A r=
ecent incident here of similar nature has lead=0D=0Ame to cut any tree=
on my property that may even think about becoming a liability. =0D=0A=
(And all trees that where cut where converted to board lumber for futu=
re projects.)=0D=0A=0D=0AOne thought though, to be a good neighbor. Is=
a privacy fence, or a natural screen out of the question? Since =0D=
=0Ayour kiln backs up to his property, any time he/she wants to be a "=
butt" all they have to do =0D=0Ais call the zoning board and it's a ba=
ttle all over again. If you can screen out prying eyes then problems u=
sually=0D=0Ago away.=0D=0A=0D=0ABefore anything though, try to talk wi=
th he/she so they understand your concerns.=0D=0A=0D=0A=0D=0AJon Brinl=
ey=0D=0ASweetgum Pottery=0D=0AMidland, Ga. USA=

Steve Slatin on sun 20 apr 08


Often it is the owner of the structure that's damaged


who is legally held responsible for the repairs.  It


seems counterintuitive, but a falling tree is not


generally held to be the responsibility of the owner.


 


You can sometimes make it the legal/financial


responsibility of the owner by getting a statement


from an arborist or similar expert to the effect


that the tree is a risk to the structure on your


property.  Of course, you still don't want the tree


to fall on your kiln, so the other suggestion someone


made -- to offer to remove the dead tree at your


own expense -- remains a good one.

Steve Slatin --


--- On Sun, 4/20/08, Jon Brinley <sweetgumpottery@MSN.COM> wrote:


From: Jon Brinley <sweetgumpottery@MSN.COM>
Subject: Re: neighbor'sa trees dead, my urban gas kiln beneath
To: CLAYART@LSV.CERAMICS.ORG
Date: Sunday, April 20, 2008, 4:43 PM

Meg,

I know this isn't any comfort, but. Your neighbors home owners
insurance will/should cover any damage. It has become
a liabilty since he/she has not maintained the damaged tree. A recent incident
here of similar nature has lead
me to cut any tree on my property that may even think about becoming a
liability.
(And all trees that where cut where converted to board lumber for future
projects.)

One thought though, to be a good neighbor. Is a privacy fence, or a natural
screen out of the question? Since
your kiln backs up to his property, any time he/she wants to be a
"butt" all they have to do
is call the zoning board and it's a battle all over again. If you can
screen out prying eyes then problems usually
go away.

Before anything though, try to talk with he/she so they understand your
concerns.


Jon Brinley
Sweetgum Pottery
Midland, Ga. USA




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Earl Brunner on sun 20 apr 08


Does the fence overhang your property line? If so I believe you have certain rights. Such as trimming the side on your side of the property. If it is a dead pine, and still has needles on it, it is a hazard and the municipality might require him to do something about it..... Just some thoughts.

Earl Brunner
Las Vegas, NV

----- Original Message ----
From: Jon Brinley
To: CLAYART@LSV.CERAMICS.ORG
Sent: Sunday, April 20, 2008 4:43:34 PM
Subject: Re: neighbor'sa trees dead, my urban gas kiln beneath

Meg,
I know this isn't any comfort, but. Your neighbors home owners insurance will/should cover any damage. It has become
a liabilty since he/she has not maintained the damaged tree. A recent incident here of similar nature has lead
me to cut any tree on my property that may even think about becoming a liability.
(And all trees that where cut where converted to board lumber for future projects.)

One thought though, to be a good neighbor. Is a privacy fence, or a natural screen out of the question? Since
your kiln backs up to his property, any time he/she wants to be a "butt" all they have to do
is call the zoning board and it's a battle all over again. If you can screen out prying eyes then problems usually
go away.

Before anything though, try to talk with he/she so they understand your concerns.


Jon Brinley
Sweetgum Pottery
Midland, Ga. USA
______________________________________________________________________________
Clayart members may send postings to: clayart@lsv.ceramics.org

You may look at the archives for the list, post messages, change your
subscription settings or unsubscribe/leave the list here: http://www.acers.org/cic/clayart/

Moderator of the list is Mel Jacobson who may be reached at melpots2@visi.com

KATHI LESUEUR on mon 21 apr 08


On Apr 20, 2008, at 2:09 PM, Clayart SCtag wrote:
>
> I am not a great people person and this neighbor is not friendly
> but so far
> has not given me a problem but firing a kiln with his dead tree
> there aimed
> at the kiln [tall large pine] is not something I relish. I cannot
> afford to
> alienate him I doubt I have any chance giving him pottery either.
>
>

Notify your neighbor in writing (possibly by certified mail and keep
a copy) that you are going to begin firing your kiln on such and such
a date. Advise him that your kiln's location was approved at the time
it was built, you have complied with all requirements to build and
fire your kiln, and that any damage cause by the placement of his
propane tank being so close will also be his responsibility. Also,
let him know that, should his tree fall and damage or destroy your
kiln, he will be liable for all damages. Include the current price of
fire brick so that he knows what kind of value you have there. After
that, if anything happens, sue the guy. By no means give him pots. He
hasn't been cooperative and will probably take the gesture as an
"admission" that YOU are in the wrong.

Kathi LeSueur