Council deals with controversy over aspens in the bone yard

Hollywood’s trees have to come out of the cemetery

By Mark Reaman

The Crested Butte Town Council turned down a request by a future resident of the Crested Butte cemetery to keep some trees he planted on his plot last summer.

Craig “Hollywood” Batchelor made the request on December 16 after he was told by town staff to remove four aspens he had planted on his plot. A future neighbor in a nearby lot asked the town to abide by the guidelines and have the trees removed.

Since 2013, cemetery guidelines have not allowed any more trees to be planted, because root systems encroach on nearby sites, creating havoc with headstones and graves.

Batchelor said he had received permission to plant trees from town when he originally purchased a plot in 2012. The guideline prohibiting trees came after his purchase and he never received word of the new policy. He moved his site after some road work in the cemetery and just recently got around to planting the aspens.

Town staff noted that when Batchelor changed sites the new agreement he signed clearly indicated tree planting was not allowed.

Town attorney Barbara Green told the council the guidelines gave no opportunity for the council to allow a waiver of any guideline, even with a formal appeal. She said council could correct a mistake made by town staff but didn’t see that as the situation before them.

“When I submitted the landscaping plan, trees were allowed by the town,” argued Batchelor. “It seems logical that if the town changes something you would inform the property owner. That didn’t happen. I don’t believe this is my fault.”

Town manager Dara MacDonald said the last form Batchelor signed for the cemetery plot in 2017 was clear that trees were not allowed.

“If the code allowed us to grant a waiver we would certainly consider it, but we can’t,” said council member Mallika Magner.

Mayor Jim Schmidt said the only other option was for council to consider revamping the guidelines to allow trees, since with the snow there was no hurry to have Batchelor remove the aspens. But there was not much support from the council for that.

“We are in a hard place,” said council member Will Dujardin. “We want to help you but we have to follow the guidelines. I don’t see how we can approve your request.”

“There is not an easy answer and I feel we have to follow the current guidelines,” agreed council member Laura Mitchell.

“I apologize for the poor communication over the years but it makes sense that we can’t waive individual things,” said council member Chris Haver. “We could consider changing the code but if the roots encroach on other lots we probably wouldn’t change it.”

So they didn’t. Batchelor will be required to remove and transplant the aspens he planted last summer sometime after the snow melts.