By ROY WOOD

A Bartlett Street resident has been denied her wish to have the town remove a large boulevard maple tree she says is causing trouble and aggravation.

Council voted Monday to leave the tree where it is.

Jennifer Morton appeared before council in May complaining that her property is inundated in spring by seeds and in the fall by leaves from the majestic Norwegian Maple. She also said the roots of the tree are causing damage to a small retaining wall bordering her lot.

An arborist hired by the town reported the tree is in good condition and does not pose a safety hazard and therefore does not meet any of the criteria for removal in the town’s tree policy.

In a report to council, operations director Shawn Goodsell described the value of such trees: “This street has some character with the mature trees that canopy a good portion of the street. These maples are mature and offer nice aesthetics during the spring, summer and fall, as well as shade from the sunny, hot seasonal temperatures we see in Oliver.”

The report from arborist Thor Clausen cautioned council: “As a township we must use caution in allowing the nuisance complaints to facilitate the removal of town-owned trees. If removal of this tree is allowed for any other reason than hazard mitigation … a legal precedent will have been set that may allow removal of any tree deemed a nuisance by a property owner.”

Council did agree to take some action on the root issue, passing a resolution to remove surface roots, cut problem roots and install a “root guard” to prevent damage to a planned fenced.

The report also sought direction from council on possible amendments to the tree policy. Council took no action on the suggestion.